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See below for a selection of the latest books from Civil procedure, litigation & dispute resolution category. Presented with a red border are the Civil procedure, litigation & dispute resolution books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Civil procedure, litigation & dispute resolution books and those from many more genres to read that will keep you inspired and entertained. And it's all free!
This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become ubiquitous. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's access to justice.
Nearly all major global financial centres have developed systems of consumer financial dispute resolution. Such systems aim to assist parties to resolve a growing number of monetary disputes with financial institutions. How governments and self-regulatory organizations design and administer financial dispute resolution mechanisms in the context of increasingly turbulent financial markets is a new area for research and practice. Consumer Financial Dispute Resolution in a Comparative Context presents comparative research about the development and design of these mechanisms in East Asia, North America and Europe. Using a comparative methodology and drawing on empirical findings from a multi-jurisdictional survey, Shahla F. Ali examines the emergence of global principles that influence the design of financial dispute resolution models, considers the structural variations between the ombuds and arbitration systems, and offers practical proposals for reform.
This supplement contains the federal statutes and rules governing civil procedure, as well as related materials, such as notes of advisory committees and comparative state provisions. The supplement also includes proposed federal legislation pertinent to civil procedure, relevant U.S. Supreme Court decisions from the 2018 and 2019 terms, an illustrative problem with sample documents, and a litigation flowchart.
Receive complimentary lifetime digital access to the eBook with new print purchase. This edition is an affordable, all-purpose resource designed to support any classroom text. It provides up-to-date versions of the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, Rules of Procedure of the Judicial Panel on Multidistrict Litigation, habeas corpus rules, Rules of the Supreme Court of the United States, Federal Rules of Evidence, and the U.S. Constitution. Pending rule amendments are presented through interlineation, permitting users to see the pending amendments as a markup to the text of the current rules.
This third edition of Mass Tort Litigation is revised to reflect developments in mass tort litigation in the decade since the second edition. The revised text addresses mass tort class litigation in a post-Amchem/Ortiz world. New materials have been added concerning expanded use of MDL auspices, bellwether trials, non-class aggregate settlements, the quasi-class action, the aggregate settlement rule, and the ethical duties of attorneys with clients in MDL and non-class proceedings. Two revised chapters focus on challenging issues in mass tort litigation: damage sampling; statistical proof; limited issues classes; multiphase trial plans; sub-classing; and res judicata. New cases have been added that reflect resolution of various pharmaceutical mass torts (Vioxx and Zyprexa); personal injury mass torts (the NFL and Collegiate Athletes concussion litigation); products liability mass torts (the Ford and GMC Ignition Switch litigations; heart-valve cases; tobacco litigation; the moldy washer cases); natural and man-made environmental disasters (the Hurricane Katrina and BP Gulf Oil Spill litigation), and the World Trade Center events. A new chapter includes materials on the Class Action Fairness Act of 2005, including the concept of the mass action. Finally, the third edition includes materials on so-called fund approaches to resolving mass tort litigation.