The Class Action Playbook

Author : Brian C. Anderson,Andrew Trask
Publisher : Oxford University Press, USA
Page : 312 pages
File Size : 45,8 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134527931

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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.

Author : Brian C. Anderson,Andrew Trask
Publisher : Unknown
Page : 0 pages
File Size : 51,5 Mb
Release : 2021
Category : Class actions (Civil procedure)
ISBN : 1663328234

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Class Action Playbook by Brian C. Anderson,Andrew Trask Pdf

Author : Marcy Hogan Greer
Publisher : American Bar Association
Page : 1412 pages
File Size : 42,6 Mb
Release : 2010
Category : Class actions (Civil procedure)
ISBN : 1604429550

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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.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and Civil Justice
Publisher : Unknown
Page : 120 pages
File Size : 52,6 Mb
Release : 2015
Category : Class actions (Civil procedure)
ISBN : STANFORD:36105050692867

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Fairness in Class Action Litigation Act of 2015 by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and Civil Justice Pdf

Author : Paul G. Karlsgodt
Publisher : Oxford University Press
Page : 854 pages
File Size : 53,6 Mb
Release : 2012-08-03
Category : Law
ISBN : 9780199750214

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World Class Actions by Paul G. Karlsgodt Pdf

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.

Author : Ilya Shapiro
Publisher : Cato Institute
Page : 408 pages
File Size : 48,9 Mb
Release : 2011
Category : Law
ISBN : 1935308513

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Cato Supreme Court Review, 2010-2011 by Ilya Shapiro Pdf

Now in its 10th year, this acclaimed annual publication brings together leading national scholars to analyze the Supreme Court's most important decisions from the term just ended and preview the year ahead.

Author : Csongor István Nagy
Publisher : Springer Nature
Page : 122 pages
File Size : 46,5 Mb
Release : 2019-08-19
Category : Law
ISBN : 9783030242220

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Collective Actions in Europe by Csongor István Nagy Pdf

This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

Author : Brian T. Fitzpatrick,Randall S. Thomas
Publisher : Cambridge Law Handbooks
Page : 577 pages
File Size : 53,5 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781108488587

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The Cambridge Handbook of Class Actions by Brian T. Fitzpatrick,Randall S. Thomas Pdf

International authors describe class action procedure in this concise, comparative, and empirical perspective on aggregate litigation.

Author : Thomas A. Dickerson
Publisher : Unknown
Page : 128 pages
File Size : 54,7 Mb
Release : 2017
Category : Electronic
ISBN : 1588522407

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Class Actions: The Law of 50 States by Thomas A. Dickerson Pdf

Class Actions: The Law of 50 States is an up-to-date step-by-step guide to: identifying a potential class action; determining ex parte class certification; conducting pre-certification discovery; selecting a proper class representative; preparing pleadings and pre-certification motion papers; responding to motions and counterclaims; fulfilling requirements for class certification; delivering timely and proper notice to class members; pursuing the case through discovery and trial, or settling the case and winning the court's approval; and satisfying the rigorous guidelines governing fee awards. This comprehensive resource analyzes the effect of the Supreme Courts decision in Rent-A-Center v. Jackson in future class action cases. The advantages and disadvantages of noncash settlements and suggestions for avoiding problems with class counsel fees are discussed. Also featured is an explanation of settlement stipulations, aggregation and distribution of settlement coupons and cy pres settlements

Author : Zheng Sophia Tang
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 40,7 Mb
Release : 2015-10-22
Category : Law
ISBN : 9781782259299

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Electronic Consumer Contracts in the Conflict of Laws by Zheng Sophia Tang Pdf

The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.

Author : Alexia Pato
Publisher : Bloomsbury Publishing
Page : 286 pages
File Size : 53,5 Mb
Release : 2019-07-11
Category : Law
ISBN : 9781509930302

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Jurisdiction and Cross-Border Collective Redress by Alexia Pato Pdf

In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.

Author : Ruth Colker
Publisher : Univ of California Press
Page : 276 pages
File Size : 41,6 Mb
Release : 2021-10-26
Category : Law
ISBN : 9780520343818

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The Public Insult Playbook by Ruth Colker Pdf

"The rules of the public discourse game have changed, and this book argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. Ruth Colker offers insights into how public insults have come to infect contemporary public discourse (a technique not invented by but certainly refined by Donald Trump) and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, Colker uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. The book catalogues how public insults have been used against people with disabilities, immigrants, pregnant women, women seeking abortions, women who are sexually harassed, members of the LGBTQ community and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform"--

Author : Rachael P. Mulheron
Publisher : Unknown
Page : 128 pages
File Size : 50,5 Mb
Release : 2004
Category : Class actions
ISBN : 1472563158

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The Class Action in Common Law Legal Systems by Rachael P. Mulheron Pdf

Author : Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull
Publisher : Oxford University Press
Page : 561 pages
File Size : 41,5 Mb
Release : 2016
Category : Law
ISBN : 9780199387908

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The Federal Courts by Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull Pdf

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

Author : Eda Şahin
Publisher : Routledge
Page : 227 pages
File Size : 54,7 Mb
Release : 2018-12-13
Category : Electronic
ISBN : 9781351068703

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Collective Redress and EU Competition Law by Eda Şahin Pdf

Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.