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Full-Text Articles in Law

Proof Of Classwide Injury, Sergio J. Campos Jan 2012

Proof Of Classwide Injury, Sergio J. Campos

Articles

No abstract provided.


Tolling: The American Pipe Tolling Rule And Successive Class Actions, Rhonda Wasserman Jan 2006

Tolling: The American Pipe Tolling Rule And Successive Class Actions, Rhonda Wasserman

Articles

Timing is everything. Even the most meritorious lawsuit will be dismissed if the statute of limitations has run on the plaintiff's claim. In class action litigation, this hurdle is particularly daunting. Supreme Court precedent makes clear that if a class action complaint is timely filed, then the claims of all class members are deemed timely. Likewise, if a motion to certify the class is denied, absent class members may seek to intervene in the pending action or to file individual actions and either way, the statute of limitations is tolled from the date of filing of the class action complaint …


Rewriting Shutts For Fun, Not To Profit, Edward H. Cooper Jan 2006

Rewriting Shutts For Fun, Not To Profit, Edward H. Cooper

Articles

It has not been easy to reconcile contemporary class-action practice with traditional adversary procedure. For that matter, it is not easy to craft a unitary "class-action" procedure that serves well the many different purposes pursued by the many different species of class actions. The practice has flourished, but few would dare say it has really matured. Many problems remain.


Dueling Class Actions, Rhonda Wasserman Jan 2000

Dueling Class Actions, Rhonda Wasserman

Articles

When multiple class action suits are filed on behalf of the same class members, numerous problems ensue. Dueling class actions are confusing to class members, wasteful of judicial resources, conducive to unfair settlements, and laden with complex preclusion problems. The article creates a typology of different kinds of dueling class actions; explores the problems that plague each type; considers the effect the Supreme Court's decision in Matsushita Electric Industrial Co. v. Epstein, 516 U.S. 367 (1996), has had on these problems; evaluates the efficacy of existing judicial tools to curb them; and proposes an array of possible solutions. The more …