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Full-Text Articles in Law
Will Aggregate Litigation Come To Europe?, Samuel Issacharoff, Geoffrey P. Miller
Will Aggregate Litigation Come To Europe?, Samuel Issacharoff, Geoffrey P. Miller
Vanderbilt Law Review
The current wave of deregulation and market liberalization in Europe has had major repercussions for the prospect of litigated forms of collective redress. Once decried as the perversity of rapacious Americans, class actions are now the focus of significant reform efforts in many European countries and even at the level of the European Union. There are, no doubt, many reasons for the relatively sudden attention to means of collective redress. Some have to do with the need to create effective ex post accountability mechanisms to contain the potential adverse effects of goods and services freely entering the market. Others seek …
Aggregate Litigation Across The Atlantic And The Future Of American Exceptionalism, Richard A. Nagareda
Aggregate Litigation Across The Atlantic And The Future Of American Exceptionalism, Richard A. Nagareda
Vanderbilt Law Review
In long-running debates over civil justice reform, two points remain broadly shared: the legal regime for civil litigation in this country is exceptional by comparison to European systems as a positive matter, and the United States is much the worse for it in normative terms. The positive dimension of this account pinpoints several exceptional features of the U.S. civil justice system: class actions, primarily on an opt-out basis; contingency-fee financing of litigation; rejection of Euro-style "loser-pays" rules that link responsibility for the fees of both sides to the outcome of the litigation; extensive reliance on juries as fact finders; costly …