The Class Action in Common Law Legal Systems

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Release : 2004-11-15
Genre : Law
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Book Rating : 966/5 ( reviews)

The Class Action in Common Law Legal Systems - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Class Action in Common Law Legal Systems write by Rachael Mulheron. This book was released on 2004-11-15. The Class Action in Common Law Legal Systems available in PDF, EPUB and Kindle. Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.

The Conservative Case for Class Actions

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Release : 2019-11-01
Genre : Law
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Book Rating : 33X/5 ( reviews)

The Conservative Case for Class Actions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Conservative Case for Class Actions write by Brian T. Fitzpatrick. This book was released on 2019-11-01. The Conservative Case for Class Actions available in PDF, EPUB and Kindle. Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

Managing Class Action Litigation

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Release : 2009
Genre : Class actions (Civil procedure)
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Book Rating : /5 ( reviews)

Managing Class Action Litigation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Managing Class Action Litigation write by Barbara Jacobs Rothstein. This book was released on 2009. Managing Class Action Litigation available in PDF, EPUB and Kindle.

Model Rules of Professional Conduct

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Release : 2007
Genre : Law
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Book Rating : 737/5 ( reviews)

Model Rules of Professional Conduct - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Model Rules of Professional Conduct write by American Bar Association. House of Delegates. This book was released on 2007. Model Rules of Professional Conduct available in PDF, EPUB and Kindle. 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.

A Practitioner's Guide to Class Actions

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Release : 2010
Genre : Class actions (Civil procedure)
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Book Rating : 558/5 ( reviews)

A Practitioner's Guide to Class Actions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Practitioner's Guide to Class Actions write by Marcy Hogan Greer. This book was released on 2010. A Practitioner's Guide to Class Actions available in PDF, EPUB and Kindle. 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.