In law, a class action or a representative action is a procedural device used in litigation to determine the rights of and remedies, if any, for large numbers of people whose cases involve common questions of law and/or fact. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy
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Class actions in individual jurisdictions
Austria
The Austrian Code of Civil Procedure (Zivilprozessordnung – ZPO) does not provide for a special proceeding for complex class action litigation. However, Austrian consumer organizations (Verein für Konsumenteninformation/VKI and the Federal Chamber of Labour/Bundesarbeitskammer) have, in recent years, brought claims on behalf of hundreds or even thousands of consumers. This technique, soon labelled as “class action Austrian style”, allows for a significant reduction of overall costs. The Austrian Supreme Court, in a recent judgment, has confirmed the legal admissibility of these lawsuits under the condition that all claims are essentially based on the same grounds.
The Austrian Parliament has unanimously requested the Austrian Federal Minister for Justice to examine the possibility of new legislation providing for a cost-effective and appropriate way to deal with mass claims. Together with the Austrian Ministry for Social Security, Generations and Consumer Protection, the Justice Ministry opened the discussion with a conference held in Vienna in June, 2005. With the aid of a group of experts from many fields, the Justice Ministry began drafting the new law in September, 2005. With the individual positions varying greatly, the process is still pending. [1].
France
Under French law, an association can represent the collective interests of consumers; however, each claimant must be individually named in the lawsuit. On January 4, 2005, President Chirac urged changes that would provide greater consumer protection. A draft bill was proposed in April 2006. Under the proposals the court will be able to decide whether to allow an action brought by an association on behalf of consumers (which must comprise at least two individuals) for goods purchased under a standard contract. After such an action is brought, the association would be entitled to identify additional consumers for a one-month period. The court would determine the damages that must be awarded to the consumers who have opted-in to the proceedings, with damages limited to 2000 Euros; contingent fees for attorneys would be barred. A contingent fee in the United States or conditional fee in the United Kingdom is any Fee for services provided where the fee is only payable [2] The president of the French Supreme Court recently declared that "class actions are inescapable. " [3] Nevertheless, the bill was withdrawn in January 2007 at the request of Minister of Health Xavier Bertrand. Xavier Bertrand (born March 21, 1965 in Châlons-sur-Marne, Marne) is a French politician [4]
Germany
On November 1, 2005, Germany enacted the “Act on Model Case Proceedings in Disputes under Capital Markets Law (Capital Markets Model Case Act)” allowing sample proceedings to be brought before the courts in litigation arising from mass capital markets transactions. It does not apply to any other civil law proceeding. It is not like class actions in the United States -- it only applies to parties who have already filed suit and does not allow a claim to be brought in the name of an unknown group of claimants. The United States of America —commonly referred to as the The effects of the new law will be monitored over the next five years. It contains a ‘sunset clause’, and it will automatically cease to have effect on November 1, 2010, unless the legislature decides to prolong the law, or extend it to other mass civil case proceedings. “Capital Markets Model Case Act” Der Bund Retrieved July 16, 2006
Italy
Italy has class action legislation now. Consumer associations can file claims on behalf of groups of consumers to obtain judicial orders against corporations that cause injury or damage to consumers. These types of claims are increasing and Italian courts have recently allowed them against banks that continue to apply compound interest on retail clients’ current account overdrafts. The introduction of class actions is on the new government’s agenda. On the 19th of November 2007 the Senato della Repubblica passed a class action law in Finanziara 2008, a financial document for the economy management of the government. Now (from 10th December 2007), in order of Italian legislation system, the law is before the House and has to be passed also by the Camera dei Deputati, the second house of Italian Parliament, to become an effective law. More information Class Action Italia. In 2004, the Italian parliament considered the introduction of a type of class action lawsuit, specifically in the area of consumers’ law. To date, no such law has been enacted, however scholars demonstrated that class actions (azioni rappresentative) do not contrast with Italian principles of civil procedure [FAVA P. , L’importabilità delle class actions in Italia, in Contratto e Impresa 1/2004 FAVA P. , Class actions all’italiana:“Paese che vai, usanza che trovi” (l’esperienza dei principali ordinamenti giuridici stranieri e le proposte A. A. C. C. n. 3838 e n. 3839), in Corr. Giur. 3/2004; FAVA P. , Class actions tra efficientismo processuale, aumento di competitività e risparmio di spesa: l’esame di un contenzioso seriale concreto (le S. U. sul rapporto tra indennità di amministrazione e tredicesima), in Corr. Giur. 2006, 535; FAVA P. , Indennità di amministrazione e tredicesima: il “no secco” delle Sezioni Unite. Un caso pratico per valutare le potenzialità delle azioni rappresentative (class actions) nel contenzioso seriale italiano, Rass. Avv. Stato 2005] . [5]. See also Class Action Italia, Dalle origini ad oggi
The Netherlands
Dutch law allows collective actions brought by associations on behalf of injured parties seeking a judicial declaration that the company is liable for the damage it has caused [6].
Spain
Spanish law allows nominated consumer associations to take action to protect the interests of consumers. A number of groups already have the power to bring collective or class actions: certain consumer associations, bodies legally constituted to defend the ‘collective interest’ and groups of injured parties. [7]
Recent changes to Spanish civil procedure rules include the introduction of a quasi-class action right for certain consumer associations to claim damages on behalf of unidentified classes of consumers. The rules require consumer associations to represent an adequate number of affected parties who have suffered the same harm. Also any judgment made by the Spanish court will list the individual beneficiaries or, if that is not possible, conditions that need to be fulfilled for a party to benefit from a judgment.
Switzerland
Swiss law does not provide for any form of class action. When the government proposed a new federal code of civil procedure in 2006, replacing the cantonal codes of civil procedure, it rejected the introduction of class actions, arguing that:
[It] is alien to European legal thought to allow somebody to exercise rights on the behalf of a large number of people if these do not participate as parties in the action. The Swiss Federal Council (Schweizerischer Bundesrat Conseil fédéral suisse Consiglio federale svizzero Cussegl federal . . . Moreover, the class action is controversial even in its country of origin, the U. S. , because it can result in significant procedural problems. . . . Finally, the class action can be abused. The sums sued for are usually enormous, so that the respondent can be forced to concede, if they do not want to face sudden huge indebtness and insolvency (so-called legal blackmail). Debt is that which is owed usually referencing Assets owed but the term can cover other obligations Insolvency means the inability to pay one's debts This is defined in two different waysCash flow insolvency unable to pay debts as they fall dueBalance sheet insolvency Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the [1]
United States
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Federal class actions
In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule 23 and 28 U. Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to The Federal Rules of Civil Procedure (FRCP are rules governing Civil procedure in United States district (federal courts that is court procedures for Civil Civil procedure doctrines are rules developed by Case law as opposed to being set down in Codes or Legislation, which together with Court In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Subject-matter jurisdiction is the authority of a Court to hear cases of a particular type or cases relating to a specific subject matter In United States law, diversity jurisdiction is a concept used in Civil procedure to refer to the situation in which a U Personal jurisdiction in United States law refers to a court's power over a particular defendant ( In personam jurisdiction or an item of property In the United States, removal jurisdiction refers to the right of a Defendant to move a Lawsuit filed in state Court to the Federal district Venue is the location where a case is heard In the United States, the venue is either a county (for cases in state court or a district or division (for cases in federal court A change of venue is the Legal term for moving a trial to a new location In Law as practiced in countries that follow the English model a pleading is a formal written statement filed with a Court by parties in a Civil action A legal motion is a procedural device in Law to bring a limited contested matter before a Court for decision Service of process is the procedure employed to give Legal notice to a person (such as a defendant of a Court or administrative body's exercise of In general use a complaint is an expression of displeasure such as poor service at a store or from a Local government, etc In the law a cause of action (sometimes called a claim) is a set of facts sufficient to justify a right to sue A Case Information Statement (or Cover Sheet) is a document which is filed with a Court clerk at the commencement of a civil Lawsuit in many The US Class Action Fairness Act of 2005, 28 USC Sections 1332(d 1453 and 1711-1715 expanded federal jurisdiction over many large Class-action A demurrer is a legal Pleading filed by a party defending against claims or defenses in a lawsuit An answer was originally a solemn assertion in opposition to some one or something and thus generally any counter-statement or defense a reply to a question or objection or a correct solution An affirmative defense is a category of defense used in Litigation between private parties in Common law Jurisdictions, or more familiarly The reply is a response by Plaintiff to Defendant 's Answer. A reply occurs only when defendant has asserted a counterclaim or the court has ordered A counterclaim is made by the Defendant to a civil proceeding, in a main action against the Plaintiff or against the plaintiff and other people A cross-claim is a claim brought against a co-party in the same side of a lawsuit Criminal law Joinder in Criminal law is a legal term which refers to the inclusion of additional Counts or additional Defendants on an Impleader is a procedural device before trial in which one party joins a third Party into a lawsuit because that third party is Liable to an original Interpleader is a form of action originally developed under equity jurisprudence In law intervention is a procedure to allow nonparties to join ongoing Litigation, either as a matter of right or at the discretion of the court without the permission In Law, discovery is the pre-trial phase in a Lawsuit in which each party through the law of Civil procedure can request documents and other evidence In Law, interrogatories (also known as Requests for Further Information are a formal set of written questions propounded by one Litigant and required to be answered In Law, a deposition is witness testimony given under oath and recorded for use in court at a later date Default judgment is a binding Judgment in favor of the Plaintiff when the Defendant has not responded to a Summons or has failed to appear before For the simplification and shortening of a longer text see Summary. Voluntary dismissal is when a law suit is terminated by request of the Plaintiff (the party originally bringing the suit to court Involuntary dismissal is the termination of a court case despite the Plaintiff 's objection For other uses of settlement including legal uses see Settlement. A party is a Person or group of persons that compose a single Entity which can be identified as one for the purposes of the Law. A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them Voir dire (IPA /vwɑr dir/ is a phrase in Law which derives from Anglo-Norman. Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. A judgment (see spelling note below in a Legal context is synonymous with the formal decision made by a Court following a Lawsuit. Judgment as a matter of law (JMOL is a motion made by a party during trial claiming the opposing party has insufficient evidence to reasonably support its case Renewed judgment as a matter of law (JMOL is the partner of Judgment as a matter of law in American federal courts Judgment notwithstanding the verdict, also called judgment non obstante veredicto or JNOV) is a type of Judgment as a matter of law (JMOL that In Law, a motion to set aside judgment is an application to overturn or set aside a Court 's Judgment, Verdict or other final ruling in a case In Law, the expression trial de novo means a "new trial " by a different tribunal ( de novo is a Latin expression meaning 'afresh' 'anew' A legal remedy (also judicial relief) is the means a Court of law, usually in the exercise of civil law jurisdiction enforces a Right, imposes An injunction is an Equitable remedy in the form of a Court order, whereby a party is required to do or interact with in certain ways all right or to refrain from In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful Attorney fees (note that the use of the word 'attorney' connotes lawyers broadly solicitors and barristers are the costs of legal representation that an attorney's client or a party In the field of Law and economics, the American Rule is a rule regarding assessment of Attorneys' fees arising out of Litigation. In the field of Law and economics, the English Rule is a rule regarding assessment of Attorneys' fees arising out of Litigation. A declaratory judgment is a Judgment of a Court in a Civil case which declares the rights duties or obligations of each party in a Dispute. In Law, an appeal is a process for requesting a formal change to an official decision A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the Prerogative writs in the Common Certiorari (ˌsɚʃioʊ('rɛri 'rɑri is a legal term in Roman, English, Philippine and American law referring to a type of Writ The Federal Rules of Civil Procedure (FRCP are rules governing Civil procedure in United States district (federal courts that is court procedures for Civil S. C. A. § 1332 (d).
Class action lawsuits may be brought in federal court if the claim arises under federal law, or if the claim falls under 28 USCA § 1332 (d). The United States district courts are the general Trial courts of the United States federal court system. Under § 1332 (d) (2) the federal district courts have original jurisdiction over any civil action where the amount in controversy exceeds $5,000,000 and either 1. any member of a class of plaintiffs is a citizen of a State different from any defendant; 2. any member of a class of plaintiffs is a foreign state or a citizen or subect of a foreign state and any defendant is a citizen of a State; or 3. any member of a class of plaintiffs is a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state. [2] Nationwide plaintiff classes are possible, but such suits must have a commonality of issues across state lines. This may be difficult if the civil law in the various states have significant differences. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which Large class actions brought in federal court frequently are consolidated for pre-trial purposes through the device of multidistrict litigation (MDL). In the United States, multidistrict Litigation (MDL refers to a special federal legal procedure designed to speed the process of handling complex cases It is also possible to bring class action lawsuits under state law, and in some cases the court may extend its jurisdiction to all the members of the class, including out of state (or even internationally) as the key element is the jurisdiction that the court has over the defendant.
Typically, federal courts are thought to be more favorable for defendants, and state courts more favorable for plaintiffs. Many class action cases are filed initially in state court. The defendant will frequently try to remove the case to federal court. In the United States, removal jurisdiction refers to the right of a Defendant to move a Lawsuit filed in state Court to the Federal district The Class Action Fairness Act of 2005[3] increases defendants' ability to remove state cases to federal court by giving federal courts original jurisdiction for all class actions with damages exceeding $5,000,000, exclusive of interest and costs. The US Class Action Fairness Act of 2005, 28 USC Sections 1332(d 1453 and 1711-1715 expanded federal jurisdiction over many large Class-action [4] It should be noted, however, that the Class Action Fairness Act contains carve-outs for, 'inter alia', shareholder class action lawsuits covered by the PSLRA and those concerning internal corporate governance issues (the latter typically being brought as shareholder derivative actions in the state courts of Delaware, the state of incorporation of most large corporations). The United States Private Securities Litigation Reform Act of 1995 (PSLRA implemented several substantive changes affecting certain cases brought under the federal securities laws [5]
The procedure for filing a class action is to file suit with one or several named plaintiffs on behalf of a proposed class. The proposed class must consist of a group of individuals or business entities that have suffered a common injury or injuries. Typically these cases result from an action on the part of a business or a particular product defect or policy that applied to all proposed class members in a uniform manner. After the complaint is filed, the plaintiff must file a motion to have the class certified. In some cases class certification may require additional discovery in order to determine if the proposed class meets the standard for class certification. In Law, discovery is the pre-trial phase in a Lawsuit in which each party through the law of Civil procedure can request documents and other evidence
Upon the motion to certify the class, the defendants may object to whether the issues are appropriately handled as a class action, to whether the named plaintiffs are sufficiently representative of the class, and to their relationship with the law firm or firms handling the case. The court will also examine the ability of the firm to prosecute the claim for the plaintiffs, and their resources for dealing with class actions.
Due process requires in most cases that notice describing the class action be sent, published, or broadcast to class members. Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her As part of this notice procedure, there may have to be several notices, first a notice giving class members the opportunity to opt out of the class, i. e. if individuals wish to proceed with their own litigation they are entitled to do so, only to the extent that they give timely notice to the class counsel or the court that they are opting out. Second, if there is a settlement proposal, the court will usually direct the class counsel to send a settlement notice to all the members of the certified class, informing them of the details of the proposed settlement.
In federal civil procedure law, which has generally been accepted by most states (through adoption of state civil procedure rules paralleling the federal rules), the class action must have certain definite characteristics: (1) the class must be so large as to make individual suits impractical, (2) there must be legal or factual claims in common (3) the claims or defenses must be typical of the plaintiffs or defendants, and (4) the representative parties must adequately protect the interests of the class. Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to In many cases, the party seeking certification must also show (5) that common issues between the class and the defendants will predominate the proceedings, as opposed to individual fact-specific conflicts between class members and the defendants and (6) that the class action, instead of individual litigation, is a superior vehicle for resolution of the disputes at hand.
State class actions
Since 1938, many states have adopted rules similar to the Fed. R. Civ. P. However, some states like California have homegrown civil procedure codes which less closely mirror the federal rules. California ( is a US state on the West Coast of the United States, along the Pacific Ocean. As a result, there are entire treatises dedicated to the topic. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions.
Advantages and criticisms of class actions
Advantages of class actions
Class action lawsuits may offer a number of advantages because they aggregate a large number of individualized claims into one representational lawsuit. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy
First, aggregation can increase the efficiency of the legal process, and lower the costs of litigation. [8] In cases with common questions of law and fact, aggregation of claims into a class action may avoid the necessity of repeating "days of the same witnesses, exhibits and issues from trial to trial. A witness is someone who has firsthand knowledge about a Crime or dramatic event through their Senses (e " Jenkins v. Raymark Indus. Inc. , 782 F. 2d 468, 473 (5th Cir. 1986) (granting certification of a class action involving asbestos). Asbestos is a group of Minerals with long thin fibrous Crystals The word "asbestos" (῾ἀσβεστος is derived from a Greek adjective
Second, a class action may overcome "the problem that small recoveries do not provide the incentive for any individual to bring a solo action prosecuting his or her rights. " Amchem Prods. , Inc. v. Windsor, 521 U. S. 591, 617 (1997) (quoting Mace v. Van Ru Credit Corp. , 109 F. 3d 388, 344 (7th Cir. 1997)). "A class action solves this problem by aggregating the relatively paltry potential recoveries into something worth someone’s (usually an attorney’s) labor. " Amchem Prods. , Inc. , 521 U. S. at 617 (quoting Mace, 109 F. 3d at 344). In other words, a class action ensures that a defendant who engages in widespread harm -- but does so minimally against each individual plaintiff -- must compensate those individuals for their injuries. A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit For example, thousands of shareholders of a public company may have losses too small to justify separate lawsuits, but a class action can be brought efficiently on behalf of all shareholders. Perhaps even more important than compensation is that class treatment of claims may be the only way to impose the costs of wrongdoing on the wrongdoer, thus deterring future wrongdoing.
Third, in "limited fund" cases, a class action ensures that all plaintiffs receive relief and that early-filing plaintiffs do not raid the fund (i. A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit e. , the defendant) of all its assets before other plaintiffs may be compensated. A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff In Business and Accounting, assets are everything owned by a person or company (all tangible and intangible property that can be converted into cash. A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit See Ortiz v. Fibreboard Corp. , 527 U. S. 815 (1999). A class action in such a situation centralizes all claims into one venue where a court can equitably divide the assets amongst all the plaintiffs if they win the case. Venue is the location where a case is heard In the United States, the venue is either a county (for cases in state court or a district or division (for cases in federal court A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit
Finally, a class action avoids the situation where different court rulings could create "incompatible standards" of conduct for the defendant to follow. See Fed. R. Civ. P. 23(b)(1)(A). For example, a court might certify a case for class treatment where a number of individual bond-holders sue to determine whether they may convert their bonds to common stock. In Finance, a bond is a Debt security, in which the authorized issuer owes the holders a debt and is obliged to repay the principal and Interest A voting share (also called common stock or ordinary share) is a share of Stock giving the Stockholder the right to vote on matters Refusing to litigate the case in one trial could result in different outcomes and inconsistent standards of conduct for the defendant corporation. A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff A corporation is a separate legal entity usually used to conduct business Thus, courts will generally allow a class action in such a situation. See, e. g. , Van Gemert v. Boeing Co. , 259 F. Supp. 125 (S. D. N. Y. 1966).
Whether a class action is superior to individual litigation depends on the case, and is determined by the judge's ruling on a motion for class certification. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy The Advisory Committee Note to Rule 23, for example, states that mass torts are ordinarily "not appropriate" for class treatment. A mass tort is a civil action involving numerous plaintiffs against one or a few corporate defendants in state or federal court Class treatment may not improve the efficiency of a mass tort because the claims frequently involve individualized issues of law and fact that will have to be re-tried on an individual basis. See Castano v. Am. Tobacco Co. , 84 F. 3d 734 (5th Cir. 1996) (rejecting nationwide class action against tobacco companies). Mass torts also involve high individual damage awards; thus, the absence of class treatment will not impede the ability of individual claimants to seek justice. See id. Other cases, however, may be more conducive to class treatment.
The preamble to the Class Action Fairness Act of 2005, passed by the United States Congress, found:
Class-action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm. The US Class Action Fairness Act of 2005, 28 USC Sections 1332(d 1453 and 1711-1715 expanded federal jurisdiction over many large Class-action
Criticisms of class actions
There are several criticisms of class action lawsuits. The preamble to the Class Action Fairness Act stated that some abusive class actions harmed class members with legitimate claims and defendants that have acted responsibly; adversely affected interstate commerce; and undermined public respect for the country's judicial system.
Class members often receive little or no benefit from class actions. Examples cited for this include large fees for the attorneys, while leaving class members with coupons or other awards of little or no value; unjustified awards are made to certain plaintiffs at the expense of other class members; and confusing notices are published that prevent class members from being able to fully understand and effectively exercise their rights.
For example, in the United States, class lawsuits sometimes bind all class members with a low settlement. For other uses of settlement including legal uses see Settlement. These "coupon settlements" (which usually allow the plaintiffs to receive minimal benefit such as a small check or a coupon for future services or products with the defendant company) are a way for a defendant to forestall major liability by precluding a large number of people from litigating their claims separately, to recover reasonable compensation for the damages. However, existing law requires judicial approval of all class action settlements, and in most cases class members are given a chance to opt out of class settlement, though class members, despite opt-out notices, may be unaware of their right to opt-out because they did not receive the notice, did not read it, or did not understand it.
The Class Action Fairness Act of 2005 addresses these concerns. Coupon Settlements may be scrutinized by an independent expert before judicial approval in order to ensure that the settlement will be of value to the class members. 28 U. S. C. A. 1712(d). Further, if the action provides for settlement in coupons, the attorney must take a corresponding part of his fee in coupons. 28 U. S. C. A. 1712(a).
Defendant class action
Although normally plaintiffs are the class, defendant class actions are also possible. For example, in 2005, the Archidiocese of Portland was sued as part of the Catholic priest sex-abuse scandal. Portland is a city located in the Northwestern United States, near the Confluence of the Willamette and Columbia rivers All parishioners of the Archdiocese's churches were cited as a defendant class. This was done to include their assets (local churches) in any settlement. [9] Where both the plaintiffs and the defendants have been organized into court-approved classes, the action is called a bilateral class action.
Class actions vs. mass actions
In a class action, the plaintiff seeks court approval to litigate on behalf of a group of similarly-situated persons. Not every plaintiff looks for, or could obtain, such approval. As a procedural alternative, plaintiff's counsel may attempt to sign up every similarly-situated person that counsel can find as a client. Plaintiff's counsel can then join the claims of all of these persons in one complaint, a so-called "mass action," hoping to have the same efficiencies and economic leverage as if a class had been certified.
Because mass actions operate outside the detailed procedures laid out for class actions, they can pose special difficulties for both plaintiffs, defendants, and the court. For example, settlement of class actions follows a predictable path of negotiation with class counsel and representatives, court scrutiny, and notice. There may not be a way to uniformly settle all of the many claims brought via a mass action. Some states permit plaintiff's counsel to settle for all the mass action plaintiffs according to a majority vote, for example. Other states, such as New Jersey, require each plaintiff to approve the settlement of that plaintiff's own individual claims.
See also
- Joinder (from which the class action was born)
- Dukes v. Wal-Mart (the largest class-action lawsuit to date)
- Public Interest Litigation. Criminal law Joinder in Criminal law is a legal term which refers to the inclusion of additional Counts or additional Defendants on an Dukes v Wal-Mart Stores Inc is an ongoing ( As of 2007) US$ 11 billion Sexual discrimination lawsuit and the largest Civil rights Class Public Interest Litigation, in Indian law, means Litigation for the protection of Public interest. (A similar system adopted in India)
External links
U. S. law
- Class Action Defense Blog; legal analysis of recent class action cases, policy and laws.
- Securities class actions; Stanford Law School
- Findlaw on Class Actions - list of drugs and products of companies being sued in class action cases.
- Class Action World- Up to date list of filed and settled class action cases.
- "Federal Class Action Practice Manual - Internet Edition"
- SueEasy Class Action Database "Search and Join any Class Action Lawsuit. Start a new one"
Criticism of U. S. class action law
- Richard Epstein, "Class Actions: The Need for a Hard Second Look"
- Michael Greve, "Harm-Less Lawsuits? What's Wrong with Consumer Class Actions"
- Jim Copland, "Class Actions"
Defense of U. This article is about Richard Epstein the professor of law for the American game theorist see Richard A Michael Greve is the John G Searle Scholar and Director of the Federalism Project at the American Enterprise Institute. S. class action law
Proposals to expand European class action law
- George Parker, EU considers consumer class action, Financial Times, 4 March 2007
- John Beisner and Charles Borden, On the Road to Litigation Abuse: The Continuing Export of U.S. Class Action and Antitrust Law, U.S. Chamber Institute for Legal Reform, Oct 2006
Class action in Italy
Notes
- ^ Message to Parliament on the Swiss Code of Civil Procedure, Federal Journal 2006 p. 7221 et seq. The American Association for Justice (AAJ, formerly the Association of Trial Lawyers of America ( ATLA) is the leading organization for Lawyers representing The Financial Times ( FT) is a British international business Newspaper. Events 51 - Nero, later to become Roman Emperor, is given the title Princeps iuventutis (head of the youth Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. The United States Chamber of Commerce (USCC is the world's largest not-for-profit business federation representing 3000000 businesses (via its Federation of local chambers The US Chamber Institute for Legal Reform (ILR is one of the various departments of the United States Chamber of Commerce that was founded in 1998 to address the country's growing The quote, p. 7290, is the author's translation.
- ^ 28 USCA § 1332 (d) (2)
- ^ Class Action Fairness Act Public Law 109-2, 119 Stat. 4
- ^ 28 U. S. C. A. § 1332 (d)
- ^ William B. Rubenstein, "Understanding the Class Action Fairness Act of 2005" (briefing paper)
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