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Class Action Dilemmas

Pursuing Public Goals for Private Gain

Cover: MR-969 | Class Action Dilemmas:  Pursuing Public Goals for Private Gain

By: Deborah R. Hensler, Nicholas M. Pace, Bonnie Dombey-Moore, Elizabeth Giddens, Jennifer Gross, Erik Moller

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 litigation, elucidate problems, and identify solutions, the RAND Institute for Civil Justice conducted a study using qualitative and quantitative research methods. The researchers concluded that the controversy over damage class actions has proven intractable because it implicates deeply held but sharply contested ideological views among stakeholders. Nevertheless, many of the political antagonists agree that class action practices merit improvement. The authors argue that both practices and outcomes could be substantially improved if more judges would supervise class action litigation more actively and scrutinize proposed settlements and fee awards more carefully. Educating and empowering judges to take more responsibility for case outcomes — and ensuring that they have the resources to do so — can help the civil justice system achieve a better balance between the public goals of class actions and the private interests that drive them.

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Hardcover Cover Price: $34.50

Discounted Web Price: $31.05

Pages: 636

ISBN/EAN: 0-8330-2604-6

Contents

Institute for Civil Justice PDF

Board of Overseers PDF

Foreword PDF

Figures PDF

Tables PDF

Acknowledgments PDF

Section I

Chapter One:
"Attention: All Persons or Entities" PDF

Chapter Two:
A Matter of Some Interest PDF

Chapter Three:
Virtues and Vices PDF

Section II

Chapter Four:
Into the Fishbowl PDF

Chapter Five:
Contact Lens Pricing Litigation: Roberts v. Bausch & Lomb, Inc. PDF

Chapter Six:
Bank Brokerage Product Litigation: Pinney v. Great Western PDF

Chapter Seven:
Collateral Protection Insurance Litigation: Graham v. Security Pacific Housing Services, Inc. PDF

Chapter Eight:
Cable TV Late Fee Litigation: Selnick v. Sacramento Cable PDF

Chapter Nine:
Credit Life Insurance Premium Overcharging Litigation: Inman v. Heilig-Meyers PDF

Chapter Ten:
Insurance Premium Double Rounding Litigation: Martinez v. Allstate and Sendejo v. Farmers PDF

Chapter Eleven:
Blood Clotting Products for Hemophiliacs: In Re Factor VIII or IX Concentrate Blood Products PDF

Chapter Twelve:
Toxic Chemical Factory Litigation: Atkins v. Harcros PDF

Chapter Thirteen:
Oriented Strand Board Home Siding Litigation: In Re Louisiana-Pacific Inner-Seal Siding PDF

Chapter Fourteen:
Polybutylene Plumbing Pipes Litigation: Cox v. Shell Oil PDF

Section III

Chapter Fifteen:
The Great Big Question About Class Actions PDF

Chapter Sixteen:
Achieving the Objectives of Rule 23(b)(3) Class Actions PDF

Appendix A:
Rule 23 of the Federal Rules of Civil Procedure PDF

Appendix B:
Database Construction PDF

Appendix C:
Qualitative Interview Methodology PDF

Appendix D:
Case Study Methodology PDF

Appendix E:
Calculations for Case Study Settlements, Structures, Costs, and Distributions PDF

Index PDF

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