By Brian Anderson, Andrew Trask
The category motion Playbook is a different and strategic "how to" advisor for practitioners trying to deliver or shield a category motion. each vital factor is addressed, together with the preliminary form of the proposed motion, number of discussion board, case-management schedules, pre-certification discovery and motions task, briefing and argument of the class-certification movement, type realize, guidance for trial, type settlements, and the binding results of class-action judgments. skilled practitioners Brian Anderson and Andrew Trask study what judgements the plaintiff and defendant needs to make at each one degree of a proposed category motion, and the concerns that would force assorted techniques at each one level. The authors clarify the significance of each factor, the alternatives on hand to every facet, and the criteria either side should still give some thought to in making a choice on the easiest route to stick with. the category motion Playbook additionally features a CD-ROM appendix of fine quality instance records utilized by plaintiffs and defendants within the litigation of every level of a category motion.
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Extra resources for The Class Action Playbook
Rev. 7, 7 (“The rule of law means that, to the extent that fallible judges are capable of adhering to it, the expectation is that when you go before a court, the outcome depends on the merits of your case, not your political status, relation to the court, or other personal characteristics. It does not mean that the law is a mechanical enterprise—it cannot be. ”) 56. See Byron G. Stier, Jackpot Justice: Verdict Variability and the Mass Tory Class Action, 80 Temple L. Rev. ”). 57. William B. U. L.
48. This applies to class-wide settlements. It should be noted that, in some cases, defendants may be more likely to settle small-dollar claims on an informally negotiated basis (through, say, a customer-service program) than a formal class-wide settlement that includes extensive briefing and payment of attorneys’ fees. A defendant’s propensity to settle claims on an individual or aggregated basis will depend on a number of factors, including its perception of the merits of those claims, its need for a final resolution to any disputes, and the expected additional costs of either a class-wide settlement or a series of individual settlements.
Id. ”). 71. Id. (“Often the class representative has a merely nominal stake . . ”). 8 Class Counsel 50 20 Chapter 2 Class Certification Requirements Federal Rule of Civil Procedure 23 is the centerpiece of class-action litigation. It is the decision rule that sets class actions apart from individual litigation. And, as this book argues, the debate over whether a class action meets Rule 23’s requirements shapes everything else in the litigation from the construction of the complaint through the final disposition, appeals, and even subsequent litigation over the res judicata effect of a class action.