on Facebook
on Twitter
on YouTube
Document Information
Class Action Dilemmas
Pursuing Public Goals for Private Gain
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.
See Also:
Executive SummaryRelated Report
Book Review
Support RAND Research — Buy This Product!
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
The monograph/report was a product of the RAND Corporation from 1993 to 2003. RAND monograph/reports presented major research findings that addressed the challenges facing the public and private sectors. They included executive summaries, technical documentation, and synthesis pieces.
Permission is given to duplicate this electronic document for personal use only, as long as it is unaltered and complete. Copies may not be duplicated for commercial purposes. Unauthorized posting of RAND PDFs to a non-RAND Web site is prohibited. RAND PDFs are protected under copyright law. For information on reprint and linking permissions, please visit the RAND Permissions page.
The RAND Corporation is a nonprofit research organization providing objective analysis and effective solutions that address the challenges facing the public and private sectors around the world. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors.
* RAND research is conducted across divisions, centers, and projects; these organizational components are represented in the "Related RAND Divisions" section above.
Top
RAND® is a registered trademark. Copyright © 1994-2009 RAND Corporation. Last Modified: December 07, 2007 