Multi-Party Litigation

Multi-Party Litigation
Author: Wayne V. McIntosh
Publisher: UBC Press
Total Pages: 549
Release: 2010
Genre: Law
ISBN: 0774815981

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Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.

Class Actions and Other Multi-party Litigation in a Nutshell

Class Actions and Other Multi-party Litigation in a Nutshell
Author: Robert H. Klonoff
Publisher: West Publishing Company
Total Pages: 412
Release: 1999
Genre: Law
ISBN:

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This new text covers all of the major topics of class action law & practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, "opt-out" rights, Seventh Amendment & due process issues, class settlements, remedies, appellate review, issue & claim preclusion, & ethical & policy issues. It also contains a special focus on securities, mass tort, & employment discrimination class actions, defendant class actions & shareholder derivative suits. The book explores the latest cutting-edge issues in multi-party litigation & discusses numerous groundbreaking court decisions.

Multi-Party Litigation and Third-Party Funding of Litigation as a Response to Globalisation

Multi-Party Litigation and Third-Party Funding of Litigation as a Response to Globalisation
Author: Michael James Boland
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

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Multi-party litigation refers to different legal mechanisms that facilitate groups of litigants with similar causes of action to bring consolidated legal claims to court. The rise of collective action regimes around the world reflects a trend in civil litigation which offers an alternative to the traditional bilateral model of litigation. This article considers the forms of multi-party litigation available in Ireland, the U.K., and the U.S. It argues that in order to be successful, systems of multi-party litigation must be supported by effective systems of litigation funding. To that end, this article considers the extent to which third-party funding of litigation is available across these jurisdictions. Third-party funding of litigation is a growing phenomenon whereby a third-party with no connection to the litigants and no interest in the subject-matter of the case will fund the litigation often but not always in return for a nominal reward. The practice is permitted to varying degrees across the U.S. however its standing in Ireland and the U.K. is on shaky ground. That said, third-party funding is under review in Ireland having been considered by Ireland's Law Reform Commission in a 2016 Issues Paper (referred to throughout this article), by a Review Group on the Administration of Civil Justice in 2020 chaired by former President of the High Court, Mr. Justice Peter Kelly, and by the Company Law Review Group in a 2021 report on corporate liquidation and restructuring. As well as evaluating the forms of multi-party litigation and litigation funding across several jurisdictions, this article considers how effective systems of collective action can provide recourse to victims of corporate-related injury and abuse. In circumstances such as this, the traditional bilateral approach to litigation may be off-putting given the imbalance of power that often exists in such cases between the injured party and the multinational corporation. Multi-party litigation, on the other hand, offers strength in numbers. It turns "singular disputes" into "group struggles" and may therefore empower litigants to collectively hold large corporations or indeed state-run bodies to account.

Class Actions and Other Multi-party Litigation

Class Actions and Other Multi-party Litigation
Author: Robert H. Klonoff
Publisher: West Academic Publishing
Total Pages: 0
Release: 2006
Genre: Class actions (Civil procedure)
ISBN: 9780314159489

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This casebook focuses on one of the most important and dynamic areas of modern federal and civil practice - aggregate-party litigation, particularly class actions. Examples of such litigation include path-breaking cases involving Agent Orange, breast implants, tobacco, and contraceptive devices. In addition to class actions, the text addresses joinder, consolidation, intervention, impleader, interpleader, multi-district litigation, and bankruptcy, among other topics. It includes rich theoretical materials, as well as practical discussions useful for a student contemplating a professional focus in class actions. The second edition covers major developments since the first edition, including the 2003 amendments to Rule 23 and the Class Action Fairness Act of 2005. It also includes several major Supreme Court and federal court of appeals decisions that have been handed down since the first edition.

Consultation Paper on Multi-party Litigation (class Actions)

Consultation Paper on Multi-party Litigation (class Actions)
Author: Ireland. Law Reform Commission
Publisher:
Total Pages: 159
Release: 2003
Genre: Class actions (Civil procedure)
ISBN:

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The objective of the Law Reform Commission's project on multi-party actions is to formulate recommendations for reform of the current procedures governing one form of multi-party litigation, namely, cases involving multiple plaintiffs with similar claims against the same defendant or defendants. At the current time the Irish legal system lacks a comprehensive procedure that would tackly multi-party actions in a consistent, effective and expeditious manner. The objective of this paper is to examine the feasibility and desirability of introducing such a procedure.

A Comparative Examination of Multi-Party Actions

A Comparative Examination of Multi-Party Actions
Author: Joanne Blennerhassett
Publisher: Bloomsbury Publishing
Total Pages: 344
Release: 2016-10-20
Genre: Law
ISBN: 1509905308

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This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.

Multi-Party Litigation

Multi-Party Litigation
Author: Wayne V. McIntosh
Publisher: UBC Press
Total Pages: 297
Release: 2010-01-01
Genre: Law
ISBN: 0774858788

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Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.

Multi-Party Litigation

Multi-Party Litigation
Author: J. Christopher Grauer
Publisher:
Total Pages: 42
Release: 1995
Genre: Civil procedure
ISBN: 9780865048232

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Multi-Party Litigation in England

Multi-Party Litigation in England
Author: Neil H. Andrews
Publisher:
Total Pages: 16
Release: 2013
Genre:
ISBN:

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In England 'multi-party' litigation can take various forms, of which the most important are (a) the opt-in system of Group Litigation Orders and (b) the opt-out system of Representative Proceedings. Category (b)n can yield damages to be distributed amongst the represented class, as recent case law shows. However, Group Litigation Order litigation is currently the main means of handling claims for compensation involving large groups of similarly affected 'victims'. Group Litigation Orders involve high levels of case management.