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Articles 1 - 7 of 7
Full-Text Articles in Law
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
Doug Rendleman
No abstract provided.
Foreword, Marc I. Steinberg
Class Actions Under Cafa And Parens Patriae Actions: West Virginia Ex Rel. Mcgraw V. Cvs Pharmacy, Inc., Marshall P. Walker
Class Actions Under Cafa And Parens Patriae Actions: West Virginia Ex Rel. Mcgraw V. Cvs Pharmacy, Inc., Marshall P. Walker
South Carolina Law Review
No abstract provided.
A Company’S Voluntary Refund Program For Consumers Can Be A Fair And Efficient Alternative To A Class Action, Eric P. Voigt
A Company’S Voluntary Refund Program For Consumers Can Be A Fair And Efficient Alternative To A Class Action, Eric P. Voigt
Eric P. Voigt
Consumer product companies are establishing internal programs where they are voluntarily compensating consumers for damages caused by their products. When a company implements a refund program in response to a threatened or pending class action, may federal courts rely solely on the voluntary refunds in denying class certification? The short answer is yes.
This Article analyzes Rule 23(b)(3) of the Federal Rules of Civil Procedure and the requirement that a class action be "superior to other available methods for fairly and efficiently adjudicating the controversy." The Article argues that courts must compare the superiority of a class action not only …
Exporting United States Tort Law: The Importance Of Authenticity, Necessity, And Learning From Our Mistakes, Victor E. Schwartz, Christopher E. Appel
Exporting United States Tort Law: The Importance Of Authenticity, Necessity, And Learning From Our Mistakes, Victor E. Schwartz, Christopher E. Appel
Pepperdine Law Review
No abstract provided.
The Impact Of U.S. Tort Law In Canada, Lewis N. Klar
The Impact Of U.S. Tort Law In Canada, Lewis N. Klar
Pepperdine Law Review
This paper briefly summarizes some of the reasons offered by Professor Peter Cane for the minimal impact that U.S. tort law has had on the tort law of Australia and New Zealand. It discusses this matter from the perspective of Canadian tort law. It suggests that, for a variety of reasons, Canada is in a unique position; it shares some of the same characteristics of the Commonwealth countries which discourage the adoption of U.S. tort law, but at the same time is exposed to countervailing factors which tend to bring Canadian and U.S. tort laws closer together. It illustrates this …
Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer
Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer
A. Benjamin Spencer
A prerequisite to being certified as a class under Rule 23 of the Federal Rules of Civil Procedure is that there are “questions of law or fact common to the class.” Although this “commonality” requirement had heretofore been regarded as something that was easily satisfied, in Wal-Mart Stores, Inc. v. Dukes the Supreme Court gave it new vitality by reading into it an obligation to identify among the class a common injury and common questions that are “central” to the dispute. Not only is such a reading of Rule 23’s commonality requirement unsupported by the text of the rule, but …