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In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
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Torts --- Class actions (Civil procedure) --- United States.
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Class action lawsuits--allowing one or a few plaintiffs to represent many who seek redress--have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, Are class actions worth their costs to society and to business? Do they do more harm than good? To describe the landscape of current damage class action
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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 the headlines, especially when they result in settlements affecting millions of class members and requiring millions of dollars in restitution. They have also aroused vocal policy debates, as exemplified during the deliberations of the U.S. Congress prior to the enactment of the Class Action Fairness Act of 2005. But despite this long-standing interest, policymakers and the public know very little about the majority of class actions filed in
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Firearms --- Torts --- Class actions (Civil procedure) --- Law and legislation --- United States
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This book opens with a simple introduction to financial markets, attempting to understand the action and the players of Wall Street by comparing them to the action and the players of main street. Firstly, it explores the definition of a security by its function, the departure from the buyer beware environment of corporate law and the entrance into the seller disclose environment of securities law. Secondly, it shows that the cost of disclosure rules is justified by their capacity to combat irrationalities, fads, and panics. The third section explains how the structure of class actions is designed to improve deterrence. Next it explores the economic harm from insider trading and how the law fights it. In sum, the book shows how all these parts of securities law serve the virtuous cycle from liquidity to accurate prices and more trading and how the great recession showed that our securities regulation reacted mostly adequately to the crisis.
Securities --- Corporations --- Disclosure of information --- Insider trading in securities --- Securities fraud --- Class actions (Civil procedure) --- Finance --- Law and legislation
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Products liability --- Products liability --- Lead based paint --- Government litigation --- Class actions (Civil procedure) --- Tobacco --- Law and legislation
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Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.
Law of civil procedure --- European Union --- Class actions (Civil procedure) --- Exterritoriality --- Conflict of laws --- Recours collectifs (Procédure civile) --- Exterritorialité --- Procédure civile (Droit international privé) --- Civil procedure --- Class actions --- Droit privé (droit européen) --- Vente internationale --- Recours collectifs (droit) --- Droit international privé --- Recours collectifs (Procédure civile) --- Exterritorialité --- Procédure civile (Droit international privé) --- Droit international privé. --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Conflict of laws - Class actions - European Union countries --- Class actions (Civil procedure) - European Union countries
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Some describe civil litigation as little more than a drag on the economy; Others hail it as the solution to most of the country's problems. Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal. Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions-some of which have proved remarkably durable even in the face of contrary evidence-and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today's system has in some ways overcome-albeit inconsistently-disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today-even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.
Class actions (Civil procedure) --- Civil procedure --- Actions and defenses --- Economic aspects --- Political aspects --- civil. --- discovery. --- judgment. --- lawsuit. --- lawyers. --- legal profession. --- litigation finance. --- litigation. --- settlement. --- trial.
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