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The Class Action in Common Law Legal Systems
Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement – particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
eBook
Obtaining Evidence in Canada for United States Civil Actions: What American Counsel and Clients Need to Know
The superior courts of each province have inherent jurisdiction and handle most litigation matters (these courts go by different names, for instance the Ontario Superior Court of Justice, the Superior Court of Québec, the Supreme Court of British Columbia, and the Court of King's Bench of Alberta). The Federal court system hears certain matters within the purview of the Federal Government, such as tax, immigration, and patents, but these courts do not have inherent jurisdiction. Relevance is considered in relation to the United States litigation and is defined by the pleadings in that action.16 Canadian courts have confirmed that considering the relevance of the evidence requested is within their own purview, though deference should be afforded to the United States court making the request; the scope of such deference has ranged from significant, as in the Alberta case of King County (a Washington Municipal Corp.) v. Gelhaus 17 or the British Columbia case of B.I. Incorporated v Au, 18 to cursory, as in the Ontario case of Cunix v. Sol Global Investment Corp.19 Canadian courts have narrowed down requests in light of the narrower view of relevance in the Canadian discovery process20 and have denied applications so broad they constituted a \"fishing expedition. Parties making applications in United States and Canadian courts have generally made substantive efforts at obtaining the evidence they seek, and it is important to show the Canadian court that such evidence cannot be otherwise obtained without an order. 25 This does not mean any evidence on the same issue, but rather evidence of the same value.26 Be specific.
Journal Article
The litigators
Law firm partners Oscar Finley and Wally Figg see a chance for huge financial gain when they learn of a pending class action lawsuit against the makers of Krayoxx, a popular cholesterol-reducing drug suspected of causing heart attacks.
Book
The Rising Behemoth
Over the last few decades, multidistrict litigation in the federal courts has exploded.Originally a mechanism for consolidating relatively small numbers of commercial cases, with the advent of large-scale mass tort litigation, it has become the primary vehicle for resolving hundreds of thousands of tort claims pending in the federal court system.
eBook
Access to Remedies and Reparations: From Brazilian Practice to International Binding Standards
Brazil is a large exporter of commodities that supply global value chains. According to the United Nations Conference on Trade and Development (UNCTAD), in 2019 commodity exports entailed 8.4 per cent of Brazilian Gross Domestic Product.1 Although commodities exportation is important for the Brazilian economy, their production or extraction often causes human rights harms and environmental damages.
Journal Article
The litigators
Law firm partners Oscar Finley and Wally Figg see a chance for huge financial gain when they learn of a pending class action lawsuit against the makers of Krayoxx, a popular cholesterol-reducing drug suspected of causing heart attacks.
BOOK
Delivering Collective Redress: New Technologies
This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model. Volume 7 in the series Civil Justice Systems
eBook