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Removing Class Actions to Federal Court: A Better Way to Handle the Problem of Overlapping Class Actions (The Civil Trial: Adaptation and Alternatives)

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eBook details

  • Title: Removing Class Actions to Federal Court: A Better Way to Handle the Problem of Overlapping Class Actions (The Civil Trial: Adaptation and Alternatives)
  • Author : Stanford Law School
  • Release Date : January 01, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 366 KB

Description

INTRODUCTION The subject of money damages class actions is inherently controversial because so much is at stake. Given the massive distribution system for products and services in the United States, and the size of the companies that dominate our economy, a class action filed against a major company is likely to involve many millions of dollars, if not more. On the plaintiffs' side, the stakes for consumers, not to mention the lawyers who represent them in class actions, are of equal magnitude, at least on a collective basis. Thus, it is not hard to see why people on both sides care so much about class actions and why the recent battle in Congress was so heated over S. 2062, which its sponsors have called the Class Action Fairness Act of 2004. (1) Its main thrust is procedural: it would permit defendants to remove from state to federal court most damages class actions, in particular those cases based on state law, which currently can only be litigated in state court. Although it did not pass in 2004, it is almost certain to reappear in substantially similar form in 2005.


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