This volume is for academics, lawyers, and policymakers seeking to understand some of the biggest lawsuits across the world. Contributing authors describe and assess class action procedure (or its equivalent) in nearly two dozen countries, provide empirical data on how regions are implementing the procedure, and make recommendations for reform.
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.
Arvustused
'The Cambridge Handbook of Class Actions: An International Survey is distinctive in collecting within a single volume penetrating analyses of developments around the globe bearing on the conduct of class actions and their analogs. This collection is not just a valuable research source, it is a story of how diverse legal cultures have traveled toward a common goal: the efficient and trustworthy resolution of mass claims.' James D. Cox, Brainerd Currie Professor of Law, Duke University 'Countries around the world have come to realize that some mechanism for aggregating the similar claims of multiple litigants is crucial for access to justice. Fitzpatrick and Thomas have put together an essential collection of materials on global experimentation - including the US experience - that addresses both the promise and the challenge of finding the right policy balance.' Donald Langevoort, Thomas Aquinas Reynolds Professor of Law, Georgetown Law 'This volume analyzing the development of methods to aggregate cases in courts is itself an impressive aggregation of jurisdictions and perspectives that permits readers to understand the need for the use of class actions and the challenges that multi-party, group-based actions entail.' Judith Resnik, Arthur Liman Professor of Law, Yale Law School
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International authors describe class action procedure in this concise, comparative, and empirical perspective on aggregate litigation.
1. The U.S. Class Action from a Utilitarian Perspective: Balancing
Social Benefits and Social Costs Robert G. Bone;
2. Civil Rights, Access to
Counsel, and Injunctive Class Actions in the United States Maureen Carroll;
3. Class Action Nuisance Suits: Evidence from Frequent Filer Shareholder
Plaintiffs Sean J. Griffith;
4. The Future of Aggregate Litigation in the
United States Robert Klonoff;
5. Mandatory Arbitration of Intra-Corporate
Disputes in Brazil: A Beacon of Light for Shareholder Litigation? Patricia
Gil Lemstra and Joseph A. McCahery;
6. Cold Facts from the Great White North:
Empirical Truths, Contemporary Challenges and Class Action Reform Jasminka
Kalajdzic and Catherine Piché;
7. Class Action in Brazil: Overview, Current
Trends and Case Studies Carlos Portugal Gouvêa and Helena Campos Refosco;
8.
English Systems of Multi-Party Litigation Neil Andrews;
9. Class Actions in
Switzerland Beat Bräendli;
10. Class Actions in Belgium Hans De Wulf;
11. The
New Italian Regulation on Class Actions Paolo Giudici and Beatrice Zuffi;
12.
Collective Litigation in German Civil Procedure Axel Halfmeier;
13. Class
Action à la Française Maria José Azar-Baud and Véronique Magnier;
14. The
Solid Dutch Mechanisms for Collective Settlement C.F. Van der Elst and W.C.T.
Weterings;
15. The Emergence and Reform of the New Zealand Class Action Nikki
Chamberlain and Susan Watson;
16. Representative Proceedings in Singapore: Is
the Time Ripe for Reform? Eunice Chua;
17. Class Action in China: Challenges
and Opportunities Robin Hui Huang;
18. Class Actions in Australia Michael
Legg and Samuel J. Hickey;
19. Empirical and Practical Perspectives on 27
Years of Product Liability Class Actions in Australia Julian Schimmel,
Maurice Blackburn Lawyers, Nina Abbey and Vincent Morabito;
20. Securities
Class Actions in Korea Hai Jin Park and Hyeok-Joon Rho;
21. A Review of the
Current Status of, and Future Issues Facing, Consumer Class Action Systems in
Japan Taeko Morita, Daisuke Eguchi, Nishimura and Asahi;
22. The Indian
Securities Fraud Class Action: Is Class Arbitration the Answer? Brian T.
Fitzpatrick and Randall Thomas;
23. Class Actions in South Africa: A Need for
Certainty Theo Broodryk;
24. Class Actions and the Regulatory State Lessons
from Israel Shay Lavie;
25. The Israeli Public Class Action Fund: New
Approach for Intergrating Business and Social Responsibility Eli Bukspan.
Brian T. Fitzpatrick is Professor of Law at Vanderbilt Law School. His research focuses on class action litigation and federal courts. In 2010, he published what is still the most comprehensive empirical study of class action settlements in American federal courts. He is also the author of the provocative book, The Conservative Case for Class Actions (2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He has clerked for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Randall Thomas holds the John S. Beasley II Chair in Law and Business, Vanderbilt Law School. He works on issues such as hedge fund shareholder activism, executive compensation, corporate voting, corporate litigation, shareholder voting, and mergers and acquisitions. He joined the Vanderbilt law faculty in 2000 to develop and direct the Law and Business Program, having served previously for 10 years on the law faculty of the University of Iowa.
