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Multi-Party Litigation

Multi-Party Litigation
Author: Wayne V. McIntosh
Publisher: UBC Press
Total Pages: 297
Release: 2010-01-01
Genre: Law
ISBN: 0774858788

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Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.


Class Actions and Other Multi-party Litigation in a Nutshell

Class Actions and Other Multi-party Litigation in a Nutshell
Author: Robert H. Klonoff
Publisher:
Total Pages:
Release: 2021
Genre: Class actions (Civil procedure)
ISBN: 9781647089160

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"Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule."--


Class Actions and Other Multi-party Litigation

Class Actions and Other Multi-party Litigation
Author: Robert H. Klonoff
Publisher: West Academic Publishing
Total Pages: 0
Release: 2006
Genre: Class actions (Civil procedure)
ISBN: 9780314159489

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This casebook focuses on one of the most important and dynamic areas of modern federal and civil practice - aggregate-party litigation, particularly class actions. Examples of such litigation include path-breaking cases involving Agent Orange, breast implants, tobacco, and contraceptive devices. In addition to class actions, the text addresses joinder, consolidation, intervention, impleader, interpleader, multi-district litigation, and bankruptcy, among other topics. It includes rich theoretical materials, as well as practical discussions useful for a student contemplating a professional focus in class actions. The second edition covers major developments since the first edition, including the 2003 amendments to Rule 23 and the Class Action Fairness Act of 2005. It also includes several major Supreme Court and federal court of appeals decisions that have been handed down since the first edition.


Multiple Party Actions in International Arbitration

Multiple Party Actions in International Arbitration
Author: R. Doak Bishop
Publisher:
Total Pages: 0
Release: 2009
Genre: Law
ISBN: 9780199551729

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This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joiner of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.


A Comparative Examination of Multi-Party Actions

A Comparative Examination of Multi-Party Actions
Author: Joanne Blennerhassett
Publisher: Bloomsbury Publishing
Total Pages: 344
Release: 2016-10-20
Genre: Law
ISBN: 1509905308

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This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.


Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: 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.


Class Actions and Other Multi-Party Litigation in a Nutshell

Class Actions and Other Multi-Party Litigation in a Nutshell
Author: ROBERT H. KLONOFF
Publisher: West Academic Publishing
Total Pages: 603
Release: 2020-11-18
Genre:
ISBN: 9781647084134

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Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt- out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule.


The Cambridge Handbook of Class Actions

The Cambridge Handbook of Class Actions
Author: Brian T. Fitzpatrick
Publisher:
Total Pages: 578
Release: 2021-02-03
Genre: Law
ISBN: 1108803881

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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.


Complex Arbitrations

Complex Arbitrations
Author: Bernard Hanotiau
Publisher: Kluwer Law International B.V.
Total Pages: 414
Release: 2005-01-01
Genre: Law
ISBN: 904112442X

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Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.


Breaking the Two-party Doom Loop

Breaking the Two-party Doom Loop
Author: Lee Drutman
Publisher: Oxford University Press, USA
Total Pages: 369
Release: 2020
Genre: Political Science
ISBN: 0190913851

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American democracy is in deep crisis. But what do we do about it? That depends on how we understand the current threat.In Breaking the Two-Party Doom Loop, Lee Drutman argues that we now have, for the first time in American history, a genuine two-party system, with two fully-sorted, truly national parties, divided over the character of the nation. And it's a disaster. It's a party system fundamentally at odds withour anti-majoritarian, compromise-oriented governing institutions. It threatens the very foundations of fairness and shared values on which our democracy depends.Deftly weaving together history, democratic theory, and cutting-edge political science research, Drutman tells the story of how American politics became so toxic and why the country is now trapped in a doom loop of escalating two-party warfare from which there is only one escape: increase the numberof parties through electoral reform. As he shows, American politics was once stable because the two parties held within them multiple factions, which made it possible to assemble flexible majorities and kept the climate of political combat from overheating. But as conservative Southern Democrats andliberal Northeastern Republicans disappeared, partisan conflict flattened and pulled apart. Once the parties became fully nationalized - a long-germinating process that culminated in 2010 - toxic partisanship took over completely. With the two parties divided over competing visions of nationalidentity, Democrats and Republicans no longer see each other as opponents, but as enemies. And the more the conflict escalates, the shakier our democracy feels.Breaking the Two-Party Doom Loop makes a compelling case for large scale electoral reform - importantly, reform not requiring a constitutional amendment - that would give America more parties, making American democracy more representative, more responsive, and ultimately more stable.