Reform of Class Action Litigation Procedures: Hearings Before the Subcommittee on Judicial Machinery of the Committee on the Judiciary, United States Senate, Ninety-fifth Congress, Second Session ... November 29 and 30, 1978U.S. Government Printing Office, 1979 - 516 էջ |
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Common terms and phrases
Administrative Office amended amount antitrust attorneys fees believe bill Civil Procedure class action litigation class compensatory action class members Committee compensation conduct Congress Corporation costs counsel defendant Dennis DeConcini Department of Justice determination deterrence discovery dismissed district court economic effective Eisen enforcement Federal courts Federal Rules fee awards filed Government incentive fee injured persons involved issues judges judgment Judicial Conference jurisdiction Justice Department large number lawsuit lawyers legislation liability limited ment merits notice OIAJ opt-in parens patriae parties plaintiffs practice preliminary hearing prior problems proposed prosecution provides public action public and class public interest public or class public penalty Public Recovery Fund question reasonable relator remedy res judicata Rule 23 Rules of Civil Senator DECONCINI settlement small business small claims statement statute statutory subcommittee substantial suggest suits sumer supra note terrorem tion trial United United States Code unjust enrichment violations
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Էջ 280 - ... (3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning...
Էջ 280 - Dismissal or Compromise. A class action shall not be dismissed or compromised without the approval of the court.
Էջ 191 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Էջ 280 - ... the party opposing the class, or (B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with...
Էջ 76 - Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action.
Էջ 203 - Preliminary Draft of Proposed Amendments to the Federal Rules of Civil Procedure (Mar. 1978). A sanction of expenses, including attorneys' fees, is already available under Rule 37 for excessive or abusive discovery, but its workings are a bit cumbersome.
Էջ 92 - Kalven & Rosenfield, The Contemporary Function of the Class Suit, 8 U Chi L Rev 684 (1941); Developments in the Law — Multiparty Litigation in the Federal Courts, 71 Harv L Rev 874, 935 (1958); 2 W.
Էջ 280 - One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
Էջ 232 - ... there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.
Էջ 231 - mass accident' resulting in injuries to numerous persons is ordinarily not appropriate for a class action because of the likelihood that significant questions, not only of damages but of liability and defenses to liability, would be present, affecting individuals in different ways. In these circumstances an action conducted nominally as a class action would degenerate in practice into multiple lawsuits separately tried....