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The class action and public authority liability: "preferability" re-examined.
- Article from:
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University of New Brunswick Law Journal
- Article date:
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November 1, 2007
- Author:
- Jones, Craig; Baxter, Angela
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Copyright informationCOPYRIGHT 2007 University of New Brunswick Law Journal. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
When are class actions against the government "preferable"? Perhaps more to the point, when is a class action that might be appropriate against a private firm not an effective way of resolving a claim where the government acts as the defendant?
This question is of more than academic interest. Since the advent of the class action in Canada, governments have become a preferred--if not the preferred--target. (1) This is not terribly surprising, as government acts or omissions by their nature, frequently affect large numbers of people. Governments are also static targets: while the provincial and federal governments have the power to sweep away claims against ...
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End the abuse of class action suits
USA Today;
September 1, 1999 ;
Brueckner, Leslie A; Bryant, Arthur H;
787 words
......their day in court CLASS ACTION LAWSUITS are a...massive wrongdoing, class actions are being filed...solution. Without class actions, many victims...key is to stop class action abuse, not to...achieved without the class action device. No only...good news ...
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CLASS ACTION LAWSUITS:ELIZABETH J. CABRASER
Congressional Testimony;
March 5, 1998 ;
787 words
......Mass Torts and Class Action Lawsuits March...THE ROLE OF CLASS ACTIONS IN OUR CIVIL...important role of class actions in preserving...the state of class action jurisprudence...over whether the class action mechanism would...statutory reforms. CLASS ...
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The class action counterreformation.(The Civil Trial: Adaptation and...
Stanford Law Review;
April 1, 2005 ;
Cabraser, Elizabeth J.;
787 words
......Preference for Class Actions over Representative...Cases D. The Class Action Fairness Act...congressional class action reform is to save class actions by destroying...attacks on class actions is that class action attorneys...
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Constructing Class Action Reality
Brigham Young University Law Review;
November 1, 2006 ;
Bassett, Debra Lyn;
787 words
......lawyer, anti-class action sentiment.7 This...controversy regarding class actions has brought calls...reconstruction of class action reality pits...components of class actions against each...nature of the class action device, and one...and absent.15 A ...
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TLPJ Launches Special Project to Preserve Class Actions; Photo Available
U.S. Newswire;
May 16, 2006 ;
787 words
......project -- The Class Action Preservation...by slipping class actions bans into...agreements. The Class Action Preservation...by slipping class actions bans into...inserting class action bans...the Modern Class Action," by Benjamin...viability ...
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CLASS ACTION LAWSUITS:VIET D. DINH
Congressional Testimony;
May 15, 2003 ;
787 words
......problem is not the class action device itself...recognizes that class actions can serve a...frustrated the class action device`s noble purpose. The Class Action Fairness Act...a ``Consumer Class Action Bill of Rights...administration of class ...
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CLASS ACTION LAWSUITS:JOHN L. MCGOLDRICK
Congressional Testimony;
March 5, 1998 ;
787 words
......MASS TORTS AND CLASS ACTIONS (March 5, 1998...mass torts and class actions. My views on class actions have been formed...consequences of the class action device. I. The...sums to settle class actions instead of using...of purported class ...
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CLASS ACTION LITIGATION:MR. PAUL BLAND, JR.
Congressional Testimony;
July 31, 2002 ;
787 words
......wide range of class actions and has a special...devoted to fighting class action abuse. I am here...jurisdiction to hear class actions will increase...and severity of class action abuse. During...the notion that class action abuse might be...deterred if ...
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CLASS ACTION IN FEDERAL COURT AND PENDING BILLS:BRIAN WOLFMAN
Congressional Testimony;
July 21, 1999 ;
787 words
......supports the use of class actions and actively works to improve the class action process, this...leader in fighting class action abuse. Among the...30 nationwide class actions settlements on...federal court of any class action meeting these...criteria for ...
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Taming class actions: keeping best practices in mind.(Cover Story)
Risk Management;
February 1, 2005 ;
Feeney, James P. Gottlieb, Richard E.;
787 words
......device than the class action lawsuit. On the one hand, class actions make it possible...other hand, the class action device is so overly...occasions, meritless class actions are driven by...carefully monitor class action filings. If the...
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CLASS ACTION LAWSUITS:ELEANOR D. ACHESON
Congressional Testimony;
May 4, 1999 ;
787 words
......of Justice Class Action Fairness Act...the proposed Class Action Fairness Act...Introduction The Class Action Fairness Act...abuses in state class actions by effectively...importance of class action procedures...federalize most class actions. ...
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Thoughts from the trenches: Pragmatic reflections on the insurance class...
FDCC Quarterly;
July 1, 2002 ;
Jauregui, Jacqueline M;
787 words
......last ten years class actions against insurance...situations that invite class action litigation. The...insurers open to class action suits if practices...in a welter of class actions nationwide. The...ways to keep the class actions you defend ...
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FEDERAL JURISDICTION OVER CLASS ACTION SUITS:JOHN H. BEISNER
Congressional Testimony;
June 18, 1998 ;
787 words
......purported class actions. Over the...over 250 class action lawsuits...increase in class action filings is...attitude about class actions, ignoring...state court class action standards, class actions that are...
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CLASS ACTION LAWSUITS:STEPHEN G. MORRISON
Congressional Testimony;
May 4, 1999 ;
787 words
......problems raised by class action litigation in...legislation - class actions - up close and...The Number Of Class Actions Has Increased...When it comes to class actions, there may be...number of putative class action lawsuits filed...multiple state court ...
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Judicious class action reform.(COMMENTARY)
The Washington Times;
July 15, 2003 ;
787 words
......experimentation with class actions in state and federal...spiraling number of class action lawsuits in plaintiff-friend...deal with the class actions' malfunctioning...enactment of the Class Action Fairness Act of...would be rewarded. Class actions aimed ...
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