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Class Actions and Other Multi-party Litigation in a Nutshell

Author: Robert H. Klonoff

Publisher:

Published: 2021

Total Pages:

ISBN-13: 9781647089160

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"Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. 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, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule."--

Book Synopsis Class Actions and Other Multi-party Litigation in a Nutshell by : Robert H. Klonoff

Download or read book Class Actions and Other Multi-party Litigation in a Nutshell written by Robert H. Klonoff and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. 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, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule."--

Class Actions and Other Multi-party Litigation

Author: Robert H. Klonoff

Publisher: West Academic Publishing

Published: 2006

Total Pages: 0

ISBN-13: 9780314159489

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This casebook focuses on one of the most important and dynamic areas of modern federal and civil practice - aggregate-party litigation, particularly class actions. Examples of such litigation include path-breaking cases involving Agent Orange, breast implants, tobacco, and contraceptive devices. In addition to class actions, the text addresses joinder, consolidation, intervention, impleader, interpleader, multi-district litigation, and bankruptcy, among other topics. It includes rich theoretical materials, as well as practical discussions useful for a student contemplating a professional focus in class actions. The second edition covers major developments since the first edition, including the 2003 amendments to Rule 23 and the Class Action Fairness Act of 2005. It also includes several major Supreme Court and federal court of appeals decisions that have been handed down since the first edition.

Book Synopsis Class Actions and Other Multi-party Litigation by : Robert H. Klonoff

Download or read book Class Actions and Other Multi-party Litigation written by Robert H. Klonoff and published by West Academic Publishing. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook focuses on one of the most important and dynamic areas of modern federal and civil practice - aggregate-party litigation, particularly class actions. Examples of such litigation include path-breaking cases involving Agent Orange, breast implants, tobacco, and contraceptive devices. In addition to class actions, the text addresses joinder, consolidation, intervention, impleader, interpleader, multi-district litigation, and bankruptcy, among other topics. It includes rich theoretical materials, as well as practical discussions useful for a student contemplating a professional focus in class actions. The second edition covers major developments since the first edition, including the 2003 amendments to Rule 23 and the Class Action Fairness Act of 2005. It also includes several major Supreme Court and federal court of appeals decisions that have been handed down since the first edition.

A Comparative Examination of Multi-Party Actions

Author: Joanne Blennerhassett

Publisher: Bloomsbury Publishing

Published: 2016-10-20

Total Pages: 344

ISBN-13: 1509905308

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This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.

Book Synopsis A Comparative Examination of Multi-Party Actions by : Joanne Blennerhassett

Download or read book A Comparative Examination of Multi-Party Actions written by Joanne Blennerhassett and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.

Multiple Party Actions in International Arbitration

Author: R. Doak Bishop

Publisher:

Published: 2009

Total Pages: 0

ISBN-13: 9780199551729

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This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joiner of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.

Book Synopsis Multiple Party Actions in International Arbitration by : R. Doak Bishop

Download or read book Multiple Party Actions in International Arbitration written by R. Doak Bishop and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joiner of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.

Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Complex Arbitrations

Author: Bernard Hanotiau

Publisher: Kluwer Law International B.V.

Published: 2005-01-01

Total Pages: 414

ISBN-13: 904112442X

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Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.

Book Synopsis Complex Arbitrations by : Bernard Hanotiau

Download or read book Complex Arbitrations written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.

Class Actions and Other Multi-Party Litigation in a Nutshell

Author: ROBERT H. KLONOFF

Publisher: West Academic Publishing

Published: 2020-11-18

Total Pages: 603

ISBN-13: 9781647084134

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Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. 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, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule.

Book Synopsis Class Actions and Other Multi-Party Litigation in a Nutshell by : ROBERT H. KLONOFF

Download or read book Class Actions and Other Multi-Party Litigation in a Nutshell written by ROBERT H. KLONOFF and published by West Academic Publishing. This book was released on 2020-11-18 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. 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, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule.

The Cambridge Handbook of Class Actions

Author: Brian T. Fitzpatrick

Publisher:

Published: 2021-02-03

Total Pages: 578

ISBN-13: 1108803881

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Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.

Book Synopsis The Cambridge Handbook of Class Actions by : Brian T. Fitzpatrick

Download or read book The Cambridge Handbook of Class Actions written by Brian T. Fitzpatrick and published by . This book was released on 2021-02-03 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.

Class and Group Actions in Arbitration

Author: Bernard Hanotiau

Publisher: Kluwer Law International B.V.

Published: 2016-09-23

Total Pages: 232

ISBN-13: 9041183868

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Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.

Book Synopsis Class and Group Actions in Arbitration by : Bernard Hanotiau

Download or read book Class and Group Actions in Arbitration written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2016-09-23 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.

Breaking the Two-party Doom Loop

Author: Lee Drutman

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 369

ISBN-13: 0190913851

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American democracy is in deep crisis. But what do we do about it? That depends on how we understand the current threat.In Breaking the Two-Party Doom Loop, Lee Drutman argues that we now have, for the first time in American history, a genuine two-party system, with two fully-sorted, truly national parties, divided over the character of the nation. And it's a disaster. It's a party system fundamentally at odds withour anti-majoritarian, compromise-oriented governing institutions. It threatens the very foundations of fairness and shared values on which our democracy depends.Deftly weaving together history, democratic theory, and cutting-edge political science research, Drutman tells the story of how American politics became so toxic and why the country is now trapped in a doom loop of escalating two-party warfare from which there is only one escape: increase the numberof parties through electoral reform. As he shows, American politics was once stable because the two parties held within them multiple factions, which made it possible to assemble flexible majorities and kept the climate of political combat from overheating. But as conservative Southern Democrats andliberal Northeastern Republicans disappeared, partisan conflict flattened and pulled apart. Once the parties became fully nationalized - a long-germinating process that culminated in 2010 - toxic partisanship took over completely. With the two parties divided over competing visions of nationalidentity, Democrats and Republicans no longer see each other as opponents, but as enemies. And the more the conflict escalates, the shakier our democracy feels.Breaking the Two-Party Doom Loop makes a compelling case for large scale electoral reform - importantly, reform not requiring a constitutional amendment - that would give America more parties, making American democracy more representative, more responsive, and ultimately more stable.

Book Synopsis Breaking the Two-party Doom Loop by : Lee Drutman

Download or read book Breaking the Two-party Doom Loop written by Lee Drutman and published by Oxford University Press, USA. This book was released on 2020 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: American democracy is in deep crisis. But what do we do about it? That depends on how we understand the current threat.In Breaking the Two-Party Doom Loop, Lee Drutman argues that we now have, for the first time in American history, a genuine two-party system, with two fully-sorted, truly national parties, divided over the character of the nation. And it's a disaster. It's a party system fundamentally at odds withour anti-majoritarian, compromise-oriented governing institutions. It threatens the very foundations of fairness and shared values on which our democracy depends.Deftly weaving together history, democratic theory, and cutting-edge political science research, Drutman tells the story of how American politics became so toxic and why the country is now trapped in a doom loop of escalating two-party warfare from which there is only one escape: increase the numberof parties through electoral reform. As he shows, American politics was once stable because the two parties held within them multiple factions, which made it possible to assemble flexible majorities and kept the climate of political combat from overheating. But as conservative Southern Democrats andliberal Northeastern Republicans disappeared, partisan conflict flattened and pulled apart. Once the parties became fully nationalized - a long-germinating process that culminated in 2010 - toxic partisanship took over completely. With the two parties divided over competing visions of nationalidentity, Democrats and Republicans no longer see each other as opponents, but as enemies. And the more the conflict escalates, the shakier our democracy feels.Breaking the Two-Party Doom Loop makes a compelling case for large scale electoral reform - importantly, reform not requiring a constitutional amendment - that would give America more parties, making American democracy more representative, more responsive, and ultimately more stable.