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Journal Articles

University at Buffalo School of Law

Litigation

2011

Articles 1 - 2 of 2

Full-Text Articles in Law

Transnational Class Actions And The Illusory Search For Res Judicata, Tanya J. Monestier Jan 2011

Transnational Class Actions And The Illusory Search For Res Judicata, Tanya J. Monestier

Journal Articles

The transnational class action—a class action in which a portion of the class consists of non-U.S. claimants—is here to stay. Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the “home” courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …


Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation, Robert I. Reis Jan 2011

Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation, Robert I. Reis

Journal Articles

No abstract provided.