Class Action Dilemmas : Pursuing Public Goals for Private Gain

• Author: Hensler, Deborah R.
• TeilnehmendeR: Arquilla, John.; Fuller, Graham.
• Year of Publication: 2000
• Edition: 1st ed.
• Language: English
• Physical Description: 1 online resource (635 p.)
• Notes: Description based upon print version of record.

Class action lawsuits--allowing one or a few plaintiffs to represent many who seek redress--have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, Are class actions worth their costs to society and to business? Do they do more harm than good? To describe the landscape of current damage class action

Table of Contents

COVER; RAND INSTITUTE FOR CIVIL JUSTICE; BOARD OF OVERSEERS; FOREWORD; CONTENTS; FIGURES; TABLES; ACKNOWLEDGMENTS; Section I; Chapter One - "ATTENTION: ALL PERSONS OR ENTITIES"; NOTES; Chapter Two - A MATTER OF SOME INTEREST; A. THE HISTORICAL ROOTS OF CLASS ACTIONS; B. THE BIRTH OF RULE 23; C. THE "HOLY WAR" AGAINST CLASS ACTIONS; D. A NEW CONTROVERSY; E. THE ADVISORY COMMITTEE STEPS BACK IN; F. A RETURN TO WARFARE?; NOTES; Chapter Three - VIRTUES AND VICES; A. THE SCOPE OF CLASS ACTIONS; B. IS THE NUMBER OF CLASS ACTIONS GROWING?

C. THE TRADITIONAL PARADIGM: REPRESENTATIVE ACTIONS FOR MONEY DAMAGESD. THE NEW PARADIGM: AGGREGATIVE ACTIONS FOR PERSONAL INJURY AND PROPERTY DAMAGE; E. DILEMMAS FOR PUBLIC POLICY; NOTES; Section II; Chapter Four - INTO THE FISHBOWL; CASE SELECTION; DATA COLLECTION; RESULTS; NOTE; Chapter Five - CONTACT LENS PRICING LITIGATION: ROBERTS v. BAUSCH & LOMB, INC.; PROLOGUE; THE LITIGATION BEGINS; PRIMARY ISSUES IN THE LITIGATION; THE LITIGATION PROGRESSES; INITIAL CERTIFICATION AND NOTICE; OTHER RELATED LITIGATION; MOVEMENT TOWARDS SETTLEMENT; DETAILS OF THE AGREEMENT

FINAL APPROVAL OF DISTRIBUTION AND FEESACTUAL DISTRIBUTION OF SETTLEMENT FUNDS; EPILOGUE; NOTES; Chapter Six - BANK BROKERAGE PRODUCT LITIGATION: PINNEY v. GREAT WESTERN; PROLOGUE; CLASS LITIGATION BEGINS; NEGOTIATING THE SETTLEMENT; REGULATORY ACTION; SETTLEMENT; DISTRIBUTION; EPILOGUE: ELEVENTH HOUR MANEUVERING; NOTES; Chapter Seven - COLLATERAL PROTECTION INSURANCE LITIGATION: GRAHAM v. SECURITY PACIFIC HOUSING SERVICES, INC; PROLOGUE; CLASS LITIGATION BEGINS; THE INITIAL COMPLAINT AND ITS ALLEGATIONS; THE DEFENDANTS' POSITION; PRIMARY ISSUES IN THE LITIGATION

PARTIES MOVE TOWARD SETTLEMENTTERMS OF THE INITIAL SETTLEMENT; OBJECTIONS; FINAL FAIRNESS HEARING; DISTRIBUTING SETTLEMENT AWARDS; NOTES; Chapter Eight - CABLE TV LATE FEE LITIGATION: SELNICK v. SACRAMENTO CABLE; PROLOGUE; CLASS LITIGATION BEGINS; PRIMARY ISSUES OF THE LITIGATION; LITIGATION OF THE CASE; NEGOTIATING THE SETTLEMENT; NOTES; Chapter Nine - CREDIT LIFE INSURANCE PREMIUM OVERCHARGING LITIGATION: INMAN v. HEILIG-MEYERS; PROLOGUE; THE LITIGATION BEGINS; PRIMARY ISSUES OF THE LITIGATION; THE LITIGATION CONTINUES; DETAILS OF THE AGREEMENT; PRELIMINARY APPROVAL; FINAL APPROVAL

DISTRIBUTION OF SETTLEMENT FUNDSEPILOGUE; NOTES; Chapter Ten - INSURANCE PREMIUM DOUBLE ROUNDING LITIGATION: MARTINEZ v. ALLSTATE 2 AND SENDEJO v. FARMERS; PROLOGUE; THE LITIGATION BEGINS; PRIMARY ISSUES OF THE LITIGATION; EARLY DAYS IN THE LITIGATION; MOVEMENT TOWARDS SETTLEMENT; FINAL APPROVAL OF DISTRIBUTION AND FEES; EPILOGUE; NOTES; Chapter Eleven - BLOOD CLOTTING PRODUCTS FOR HEMOPHILIACS: IN RE FACTOR VIII OR IX CONCENTRATE BLOOD PRODUCTS; PROLOGUE; EARLY FACTOR CONCENTRATE LITIGATION; THE WADLEIGH CLASS ACTION; THE WALKER SETTLEMENT; IMPLEMENTING THE SETTLEMENT; EPILOGUE; NOTES

Chapter Twelve - TOXIC CHEMICAL FACTORY LITIGATION: ATKINS v. HARCROS