[PDF] Consumer Class Actions An Analytic Treatment eBook

Author : Brian T. Fitzpatrick
Publisher : University of Chicago Press
Page : 283 pages
File Size : 42,95 MB
Release : 2019-11-01
Category : Law
ISBN : 022665933X

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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.

Author : Michael S. Greve
Publisher : A E I Press
Page : 76 pages
File Size : 46,21 MB
Release : 2005
Category : Law
ISBN :

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This monograph describes the origins of consumer class actions and analyzes their theoretical and practical problems.

Author : Amanda M. Rose
Publisher :
Page : 5 pages
File Size : 23,5 MB
Release : 2019
Category :
ISBN :

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I applaud the FTC's ongoing efforts to ensure that class action settlements provide appropriate benefits to consumers, and I was grateful for the opportunity to serve as a panelist at the FTC's recent workshop focused on its staff report, Consumers and Class Actions: A Retrospective and Analysis of Settlement Campaigns. The staff report, which summarizes the findings of the FTC's Administrator Study and Notice Study, sheds important light on current practices in claims administration and on the effectiveness of those practices. Most importantly, it suggests that a pernicious trust barrier exists to consumer participation in class actions, highlighting the need for bold and fundamental reform to remove it. While the FTC presently lacks authority to enact the needed reform, it can and should help advocate for it.I have a recommendation for what this reform should look like. As I outline in section III and explore more fully in a working paper titled Classaction.gov, Congress should authorize the creation of a government-run class action website and supporting administration (collectively, “Classaction.gov”) that would centralize and standardize many of the services that private claims administrators provide today. Classaction.gov holds the potential to dramatically increase the number of class members that actually share in settlement funds, while at the same time reducing the costs associated with notice and claims administration -- thus leaving more money on the table for victims. It would also produce important additional benefits. For example, it would render class actions transparent, allowing researchers and the public to intelligently assess their value in our society, and could facilitate reforms designed to reduce class action agency costs.

Author : Marcy Hogan Greer
Publisher : American Bar Association
Page : 1412 pages
File Size : 30,77 MB
Release : 2010
Category : Class actions (Civil procedure)
ISBN : 9781604429558

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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 : Nicholas M. Pace
Publisher : Rand Corporation
Page : 199 pages
File Size : 18,24 MB
Release : 2007-05-18
Category : Law
ISBN : 0833042696

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Class actions, which are civil cases in which parties initiate a lawsuit on behalf of other plaintiffs not specifically named in the complaint, often make headlines and arouse policy debates. However, policymakers and the public know little about most class actions. This book presents the results of surveys of insurers and of state departments of insurance to learn more about class litigation against insurance companies.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 12,59 MB
Release : 2007
Category : Law
ISBN : 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.