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Class Action Strategy & Practice Guide by Gregory C. Cook,Jocelyn Larkin Pdf
"This book provides...guidance to lawyers on how to conduct a class action, including both the plaintiff and defense perspective on the key decisions during the class action battle. It looks at each major phase of the action, from the filing of the action to settlement decisions and mechanisms."--
A Practitioner's Guide to Class Actions by Marcy Hogan Greer Pdf
Complete with a state-by-state analysis of the ways in which the class action rules differ from the Federal Rule of Civil Procedure 23, this comprehensive guide provides practitioners with an understanding of the intricacies of a class action lawsuit. Multiple authors contributed to the book, mainly 12 top litigators at the premiere law firm of Fulbright and Jaworski, L.L.P.
Class Action Dilemmas by Deborah R. Hensler,Bonnie Dombey-Moore,Elizabeth Giddens,Jennifer Gross,Erik Moller Pdf
Class action lawsuits--allowing one or a few plaintiffs to represent many who seek redress--have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, Are class actions worth their costs to society and to business? Do they do more harm than good? To describe the landscape of current damage class action litigation, elucidate problems, and identify solutions, the RAND Institute for Civil Justice conducted a study using qualitative and quantitative research methods. The researchers concluded that the controversy over damage class actions has proven intractable because it implicates deeply held but sharply contested ideological views among stakeholders. Nevertheless, many of the political antagonists agree that class action practices merit improvement. The authors argue that both practices and outcomes could be substantially improved if more judges would supervise class action litigation more actively and scrutinize proposed settlements and fee awards more carefully. Educating and empowering judges to take more responsibility for case outcomes--and ensuring that they have the resources to do so--can help the civil justice system achieve a better balance between the public goals of class actions and the private interests that drive them.
Daniel P. Shapiro,Drew H. Campbell,Gregory D. Call,Kevin D. Gordon,Pete Schenkkan,Robert S. Hackleman
Author : Daniel P. Shapiro,Drew H. Campbell,Gregory D. Call,Kevin D. Gordon,Pete Schenkkan,Robert S. Hackleman Publisher : Unknown Page : 0 pages File Size : 48,5 Mb Release : 2007-02 Category : Class actions (Civil procedure) ISBN : 1596226897
Best Practices for Class Action Litigation by Daniel P. Shapiro,Drew H. Campbell,Gregory D. Call,Kevin D. Gordon,Pete Schenkkan,Robert S. Hackleman Pdf
Best Practices for Class Action Litigation is an authoritative, insider's perspective on representing a company embroiled in a class action suit. Featuring partners and shareholders from some of the nation's leading law firms, these experts guide the reader through the key stages and steps involved in overseeing a class action case, emphasizing the ability of an attorney to help their clients weigh their options and select the best course of action. The authors discuss the challenges facing attorneys in class action representation matters, including the impact of laws such as the Federal Arbitration Act and the Class Action Fairness Act. From analyzing the client's objective and developing a persuasive presentation to strategies for deciding on settlement or negotiation and guiding dispute resolution, these top laywers examine how class actions come about, how to avoid them, and how to best approach them once they occur. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this constantly-changing area of law. Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nation-wide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked bythe Inside the Minds editorial board to author a chapter. Chapters Include: 1. Daniel P. Shapiro, Partner, Goldberg Kohn - "The Unique Aspects of Class Action Litigation" 2. Drew H. Campbell, Chair, Litigation Department, Bricker & Eckler LLP - "The Mechanics of Class Action Litigation" 3. Gregory D. Call, Partner and Chair, Litigation Department, Folger Levin & Kahn LLP - "The Strategic Litigator: Class Actions" 4. Kevin D. Gordon, Director and Shareholder, Crowe & Dunlevy - "A Step-by-Step Look at the Process" 5. Pete Schenkkan, Shareholder, Graves, Dougherty, Hearon & Moody PC - "Defending Proposed Class Actions" 6. Robert S. Hackleman, Shareholder and Chair, Litigation Department, Gunster, Yoakley & Stewart PA - "Helping the Client Make the Right Decisions"
Class action and other group litigation procedures are increasingly being adopted in jurisdictions throughout the world, as more countries deal with the realities of increased globalization and access to information. As a result, attorneys and their clients face the ever-expanding prospect of a class or group action outside their home jurisdictions. World Class Actions: A Guide to Group and Representative Actions around the Globe is a guide for attorneys and their clients on the procedures available for class, group, and representative actions throughout the world. It helps lawyers navigate and develop strategies for litigation and risk management in the course of doing business abroad, or even in doing business locally in a way that impacts interests abroad. Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction. Part II provides guidance from the perspective of international attorneys practicing in foreign jurisdictions and the art of counseling and representing clients in international litigation. It also covers a variety of topics related to transnational, multi-jurisdictional, and class or collective actions that involve international issues and interests. Each chapter offers practice tips and cultural insights helpful to an attorney or litigant facing a dispute in a particular part of the world. Many of the chapters introduce key books, treatises, articles, or other reference materials to foster further research. Its focus on international class and group litigation law from a practitioner's perspective makes World Class Actions an essential guide for the lawyer or client.
James M Nicholas,WEST GROUP,William C Martucci,Jill S Kirila,William F Allen,Amy K Jensen,David J B Froiland
Author : James M Nicholas,WEST GROUP,William C Martucci,Jill S Kirila,William F Allen,Amy K Jensen,David J B Froiland Publisher : Unknown Page : 256 pages File Size : 49,7 Mb Release : 2012 Category : Law ISBN : 0314287108
Strategies for Employment Class and Collective Actions by James M Nicholas,WEST GROUP,William C Martucci,Jill S Kirila,William F Allen,Amy K Jensen,David J B Froiland Pdf
Strategies for Employment Class and Collective Actions provides an authoritative, insiders perspective on key tips for assisting clients through negotiating conditions in a settlement. Featuring experienced partners from law firms across the nation, these experts guide the reader through collecting documentation and evaluating when it is best to settle. These top lawyers offer specific advice on developing relationships with experts and witnesses, encouraging clients to use wage and hour policies, and helping clients stay up-to-date on various class action certification requirements. From fluctuations in wage and hour regulations to the benefits of early action, these experts stress the importance of educating clients on labor laws and taking preventative measures against policies at risk for litigation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-present field.
Class Actions and Other Multi-party Litigation in a Nutshell by Robert H. Klonoff Pdf
Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, "opt-out" rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, and ethical and policy issues. Also contains a special focus on securities, mass tort, and employment discrimination class actions, defendant class actions and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions.
Author : Brian C. Anderson,Andrew Trask Publisher : Oxford University Press, USA Page : 312 pages File Size : 43,9 Mb Release : 2010 Category : Law ISBN : STANFORD:36105134527931
The Class Action Playbook by Brian C. Anderson,Andrew Trask Pdf
The Class Action Playbook is a unique and strategic "how to" guide for practitioners seeking to bring or defend a class action. Every important issue is addressed, including the initial shape of the proposed action, choice of forum, case-management schedules, pre-certification discovery and motions activity, briefing and argument of the class-certification motion, class notice, preparation for trial, class settlements, and the binding effects of class-action judgments. Experienced practitioners Brian Anderson and Andrew Trask analyze what decisions the plaintiff and defendant must make at each stage of a proposed class action, and the considerations that might drive different strategies at each stage. The authors explain the importance of every issue, the choices available to each side, and the factors each side should consider in choosing the best path to follow. The Class Action Playbook also contains a CD-ROM appendix of high-quality example documents used by plaintiffs and defendants in the litigation of each stage of a class action.
Class action lawsuits-allowing one or a few plaintiffs to represent many who seek redress-have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, "Are class actions worth their costs to society and to business? Do they do more harm than good?" To describe the landscape of current damage class action litigation, elucidate problems, and identify solutions, the RAND Institute for Civil Justice conducted a study using qualitative and quantitative research methods. The researchers concluded that the controversy over damage class actions has proven intractable because it implicates deeply held but sharply contested ideological views among stakeholders. Nevertheless, many of the political antagonists agree that class action practices merit improvement. The authors argue that both practices and outcomes could be substantially improved if more judges would supervise class action litigation more actively and scrutinize proposed settlements and fee awards more carefully. Educating and empowering judges to take more responsibility for case outcomes-and ensuring that they have the resources to do so-can help the civil justice system achieve a better balance between the public goals of class actions and the private interests that drive them.
Class Proceedings by Manitoba. Law Reform Commission Pdf
This report considers two central issues: whether Manitoba should adopt a class proceedings regime, and if so, what the defining features of that regime should be. After an introduction on the importance of class proceedings in improving access to justice, chapter 2 outlines the current Manitoba law on multi-party proceedings, provides a brief overview of class proceedings legislation in other jurisdictions, and describes the types of situations in which class proceedings have been used in those jurisdictions. Chapter 3 discusses reasons advanced for and against class proceedings, including access to justice, efficient use of judicial resources, windfalls for lawyers, and the effects on Manitobans of class proceedings in other jurisdictions. Chapter 4 proposes and discusses the features of a class proceedings regime, including general objectives, certification, class membership, costs and fees, and conduct of proceedings. The final chapter summarizes recommendations for reform and a proposed Class Proceedings Act is appended.
American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Publisher : American Bar Association Page : 216 pages File Size : 40,8 Mb Release : 2007 Category : Law ISBN : 1590318730
Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
