Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Class actions (Civil procedure) -- Opt out (1)
- Class actions (Civil procedure) -- United States (1)
- Compensation (Law) -- United States (1)
- Courts (1)
- Courts -- United States (1)
-
- Foreign class members (1)
- Foreign judgments (1)
- Foreign plaintiffs (1)
- Full faith and credit (1)
- International litigation (1)
- Opt-out class actions (1)
- Passive plaintiffs (1)
- Preclusion (Law) (1)
- Procedure (Law) -- United States (1)
- Puzzle of transnational class actions (1)
- Res judicata (1)
- Shadow of Preclusion (1)
- Transnational Class Actions (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Indiana Law Journal
The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …
Solving The Puzzle Of Transnational Class Actions, Kevin M. Clermont
Solving The Puzzle Of Transnational Class Actions, Kevin M. Clermont
Indiana Law Journal
How should a U.S. class action treat proposed foreign class members in a circumstance where any resulting judgment will likely not bind those absentees abroad? The Author responds to Zachary Clopton’s analysis of this puzzle, and introduces a counterproposal.