The class action playbook
著者
書誌事項
The class action playbook
Oxford University Press, c2012
2nd ed
- : pbk
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
The Class Action Playbook is a unique and strategic "how to" guide for practitioners seeking to bring or defend a class action. Every important issue is addressed, including the initial shape of the proposed action, choice of forum, case-management schedules, pre-certification discovery and motions activity, briefing and argument of the class-certification motion, class notice, preparation for trial, class settlements, and the binding effects of class action judgments. Experienced practitioners Brian Anderson and Andrew Trask analyze what decisions the plaintiff and defendant must make at each stage of a proposed class action, and the considerations that might drive different strategies at each stage. The authors explain the importance of every issue, the choices available to each side, and the factors each side should consider in choosing the best path to follow.
This Second Edition covers six relevant cases from the historic 2010 and 2011 Supreme Court terms; official commentary on class actions with citations to the new American Law Institute's statement of the Principles of Aggregated Litigation, and where it upholds plaintiffs' or defendants' arguments; a discussion on emerging class action litigation tactics, including the use of arbitration clauses and the use of motions to strike class allegations; new appellate-court trends in class-action law, including developments in adequacy of representation, superiority, and use of experts at class certification.
目次
- ACKNOWLEDGMENTS
- PREFACE TO THE SECOND EDITION
- THE STRATEGIC APPROACH TO CLASS ACTION LITIGATION
- 1. WHAT CLASS ACTIONS ARE AND WHY THEY EXIST
- 2. CLASS CERTIFICATION REQUIREMENTS
- 3. CONSTRUCTING A CLASS ACTION LAWSUIT
- 4. PRE-CERTIFICATION STEPS
- 5. THE CLASS CERTIFICATION MOTION
- 6. POST-CERTIFICATION STEPS
- 7. TRIAL PREPARATION
- 8. SETTLING CLASS ACTIONS
- 9. CLASS ACTION JUDGMENTS
- 10. CLASS ACTIONS OUTSIDE THE UNITED STATES
- TABLE OF CASES
- INDEX
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