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Articles 1 - 29 of 29
Full-Text Articles in Law
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Indiana Law Journal
What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …
Who, What, Where, And When? Why Courts Should At Least Consider The Third Circuit’S Heightened Ascertainability Requirement As A Prerequisite To Class Certification, Christian Osorno Cortes
Who, What, Where, And When? Why Courts Should At Least Consider The Third Circuit’S Heightened Ascertainability Requirement As A Prerequisite To Class Certification, Christian Osorno Cortes
FIU Law Review
No abstract provided.
Halliburton Ii At Four: Has It Changed The Outcome Of Class Certification Decisions?, Noah Weingarten
Halliburton Ii At Four: Has It Changed The Outcome Of Class Certification Decisions?, Noah Weingarten
Fordham Journal of Corporate & Financial Law
The U.S. Supreme Court's decision in Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. 258 (2014) (Halliburton II) appeared to give corporate defendants a new tool to defeat class certification in the context of securities fraud class action litigation: rebutting the requisite presumption of reliance by showing a lack of "price impact"-a term that Halliburton II used to describe whether the price of an allegedly affected company's stock went up or down. However, based on an empirical study of pre- versus post-Halliburton II class certification decisions, it appears that the outcomes of class certification decisions have become even …
Class Dismissed: Compelling A Look At Jurisprudence Surrounding Class Arbitration And Proposing Solutions To Asymmetric Bargaining Power Between Parties, Matthew R. Hamielec
Class Dismissed: Compelling A Look At Jurisprudence Surrounding Class Arbitration And Proposing Solutions To Asymmetric Bargaining Power Between Parties, Matthew R. Hamielec
Chicago-Kent Law Review
Class actions and arbitrations have existed since the United States’ inception. Since the mid-twentieth century, both Congress and the U.S. Supreme Court have helped arbitration blossom from litigation’s overshadowed alternative to a prominent means of resolving disputes. Soon, the commercial industry proceeded to incorporate arbitration provisions in their consumer and employment contracts. That way, when a dispute arose between the business and a person, the business would arbitrate with claimants individually. Plaintiffs’ attorneys who favored collective action proceedings like class actions, however, pushed for courts’ allowance of class arbitration—a class proceeding conducted within an arbitration’s confines.
Corporations litigated such class …
Rico Trends: From Gangsters To Class Actions, Pamela Pierson
Rico Trends: From Gangsters To Class Actions, Pamela Pierson
South Carolina Law Review
No abstract provided.
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
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.
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 …
How Many Plaintiffs Are Enough? Venue In Title Vii Class Actions, Piper Hoffman
How Many Plaintiffs Are Enough? Venue In Title Vii Class Actions, Piper Hoffman
University of Michigan Journal of Law Reform
This Article critiques the recent rash of federal district court opinions holding that all named plaintiffs in a class action lawsuit alleging employment discrimination under Title VII of the Civil Rights Act of 1964 must satisfy the venue requirements in the court where they filed the action. Neither the text nor the history of Title VII requires this prevailing interpretation; to the contrary, requiring every named plaintiff to satisfy venue requirements in the same court undermines the legislative purpose behind both Title VII and Federal Rule of Civil Procedure 23 by creating a new obstacle to employees seeking to enforce …
In Memoriam: Donald Stuart Russell, John C. Moylan Iii
In Memoriam: Donald Stuart Russell, John C. Moylan Iii
South Carolina Law Review
No abstract provided.
After The Fall: The Cigarette Papers, The Global Settlement, And The Future Of Tobacco Litigation, Tucker S. Player
After The Fall: The Cigarette Papers, The Global Settlement, And The Future Of Tobacco Litigation, Tucker S. Player
South Carolina Law Review
No abstract provided.
Adjudicatory Jurisdiction And Class Actions, Diane P. Wood
Adjudicatory Jurisdiction And Class Actions, Diane P. Wood
Indiana Law Journal
No abstract provided.
Class Actions For Mass Torts: Doing Individual Justice By Collective Means, David Rosenberg
Class Actions For Mass Torts: Doing Individual Justice By Collective Means, David Rosenberg
Indiana Law Journal
No abstract provided.
Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart
Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart
Indiana Law Journal
No abstract provided.
Class Action Counsel As Named Plaintiff: Double Trouble, Neil L. Rock
Class Action Counsel As Named Plaintiff: Double Trouble, Neil L. Rock
Fordham Law Review
No abstract provided.
Class Actions: Judicial Control Of Defense Communication With Absent Class Members, Donald D. Levenhagen
Class Actions: Judicial Control Of Defense Communication With Absent Class Members, Donald D. Levenhagen
Indiana Law Journal
No abstract provided.
Implied Right Of Action Under The Antitrust Laws, Richard Alan Arnold
Implied Right Of Action Under The Antitrust Laws, Richard Alan Arnold
William & Mary Law Review
No abstract provided.
Federal Practice And Procedure, Various Editors
Federal Practice And Procedure, Various Editors
Villanova Law Review
No abstract provided.
Processing The Explosion In Title Vii Class Action Suits: Achieving Increased Compliance With Federal Rule Of Civil Procedure 23(A), Earle K. Shawe
Processing The Explosion In Title Vii Class Action Suits: Achieving Increased Compliance With Federal Rule Of Civil Procedure 23(A), Earle K. Shawe
William & Mary Law Review
No abstract provided.
Title Vii Class Actions: The "Recovery Stage", Thomas H. Barnard
Title Vii Class Actions: The "Recovery Stage", Thomas H. Barnard
William & Mary Law Review
No abstract provided.
Consumer Class Actions Under Federal Rule 23: Consumer Protection Causes Of Action Available Under Federal Statutes, Martin S. Driggers
Consumer Class Actions Under Federal Rule 23: Consumer Protection Causes Of Action Available Under Federal Statutes, Martin S. Driggers
South Carolina Law Review
No abstract provided.
Recent Developments, Various Editors
Blonder-Tongue Bites Back: Collateral Estoppel In Patent Litigation - A New Look, Francis P. Devine
Blonder-Tongue Bites Back: Collateral Estoppel In Patent Litigation - A New Look, Francis P. Devine
Villanova Law Review
No abstract provided.
Federal Pollution Control: Participation By States And Individuals Enhances The National Pollution Control Effort, Thomas R. Hendershot
Federal Pollution Control: Participation By States And Individuals Enhances The National Pollution Control Effort, Thomas R. Hendershot
Villanova Law Review
No abstract provided.
Environmental Pollution Control Laws In Pennsylvania: A Survey And Analysis - An Introduction To Environmental Law, George D. Bruch
Environmental Pollution Control Laws In Pennsylvania: A Survey And Analysis - An Introduction To Environmental Law, George D. Bruch
Villanova Law Review
No abstract provided.
The Use Of Private Actions To Control Environmental Pollution In Pennsylvania, Michael J. Shepard
The Use Of Private Actions To Control Environmental Pollution In Pennsylvania, Michael J. Shepard
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors