The Law Of Class Actions And Other Aggregate Litigation

Author: Richard A. Nagareda
Publisher: Foundation Press
ISBN: 9781609302702
Size: 68.29 MB
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The second edition of this casebook treats the subject of aggregate litigation as a coherent whole. The new authors have preserved the original focus while updating, revising and enriching the discussions of particular topics. The materials on class actions have been tightened and reorganized, reflecting recent judicial decisions that have made class actions harder to certify, and the materials on other procedural devices, including consolidations and arbitration, have been strengthened. The discussions contain more information about litigation strategies, judicial practices, financial considerations, and empirical findings. As before, this book fills three gaps in the market for teaching materials on the U.S. civil justice system. First, it establishes aggregate litigation as a cohesive field of procedural law, one that encompasses all devices for processing claims en masse, including class actions, multi-district litigations and other forms of consolidation, aggregate settlements, parens patriae lawsuits, bankruptcy reorganizations, and private arbitrations. Second, the casebook confronts forthrightly the reality of our civil justice system as one geared toward settlement, not the rare event of trial. From this vantage point, the casebook sees the processes for aggregate litigation as vehicles through which to achieve comprehensive, or broadly encompassing, resolution of related civil claims. Third, the casebook frames the legitimacy of preclusion in aggregate litigation by drawing, among other things, on aspects of private contract and public legislation. In so doing, the casebook encourages students to see cross-cutting connections with their other courses on such topics as contracts, corporations, and administrative law.

The Law Of Class Actions And Other Aggregate Litigation

Author: Richard A. Nagareda
Publisher: Foundation Press
ISBN: 9781599414942
Size: 42.27 MB
Format: PDF, ePub, Docs
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Nagareda's new casebook is the first to situate as a cohesive whole the ways in which U.S. law seeks to resolve related civil claims on an aggregate basis, integrating the study of class actions with emerging devices such as aggregate settlements, arbitration, and reorganizations in bankruptcy. This book fills three gaps in the market for teaching materials on the U.S. civil justice system. First, the casebook establishes ?aggregate litigation? as a cohesive field of procedural law, one that encompasses not only class actions but also related devices such as aggregate settlements, reorganizations in bankruptcy, private arbitration, and aspects of litigation by the government. Second, the casebook confronts forthrightly the reality of our civil justice system as one geared toward settlement, not the rare event of trial. From this vantage point, the casebook sees the processes for aggregate litigation as vehicles through which the law seeks to achieve proper preclusion ? that is, comprehensive, or broadly encompassing, resolution of related civil claims. The hard questions surrounding aggregate litigation concern how the law may legitimize this binding effect. Third, the casebook frames the binding effect sought for settlements in aggregate litigation as drawing upon aspects of both private contracts and public legislation. In so doing, the framework of the casebook encourages students to see cross-cutting connections to their other courses on such topics as contracts, corporations, and administrative law.

Complex Litigation

Author: Jay Tidmarsh
Publisher:
ISBN: 9781566628853
Size: 55.54 MB
Format: PDF, Kindle
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Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.

Class Actions

Author: Robert H. Klonoff
Publisher: West Academic Publishing
ISBN: 9780314911650
Size: 77.48 MB
Format: PDF
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This casebook focuses on one of the most important and dynamic areas of modern federal civil practice - aggregate-party litigation, particularly class actions. The casebook covers the latest groundbreaking Supreme Court cases involving employment discrimination, arbitration and securities fraud. The book not only provides cutting edge cases, it explores litigation strategies used by practitioners and examines the theories underlying complex, multi-party litigation. As such, the book is ideal for scholars, lawyers and students.

Civil Procedure

Author: Barbara Allen Babcock
Publisher: Wolters Kluwer Law & Business
ISBN: 1454888113
Size: 13.52 MB
Format: PDF
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With lightly-edited cases, both classic and contemporary, and engaging hypothetical problems, the sixth edition of Civil Procedure: Cases and Problems promotes the analysis and understanding of both governing procedural rules and underlying doctrinal complexities. The casebook also emphasizes the social and economic contexts animating modern procedural problems and reforms as well as the constitutional dynamics underlying federal jurisdiction.

In Praise Of Litigation

Author: Alexandra Lahav
Publisher: Oxford University Press
ISBN: 0199380821
Size: 32.66 MB
Format: PDF, Docs
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While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.

How Leading Lawyers Think

Author: Randall Kiser
Publisher: Springer Science & Business Media
ISBN: 9783642204845
Size: 42.14 MB
Format: PDF, Mobi
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In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors’ perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

Complex Litigation

Author: Richard L. Marcus
Publisher: West Group
ISBN: 9780314147349
Size: 59.81 MB
Format: PDF, Kindle
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Text is designed for an upper-level division course, and it serves as a useful source and reference book for students once they are in practice. In-depth coverage of the nature of complex litigation.