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The Law of Class Actions and Other Aggregate Litigation (Hardcover, 3rd Revised edition)
Loot Price: R7,921
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The Law of Class Actions and Other Aggregate Litigation (Hardcover, 3rd Revised edition)
Series: University Casebook Series
Expected to ship within 12 - 17 working days
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The third edition of this casebook reflects the many developments
that have occurred in aggregate litigation since 2013 while
continuing to treat the subject as a coherent whole. This edition
includes a short, systematic introduction to the range of different
aggregation techniques and then pays detailed attention to class
actions, multidistrict litigation (MDL), parens-patriae suits,
bankruptcy, and arbitration. In particular, this edition features a
new chapter devoted to MDL, in which topics range from selecting
the transferee court, choosing what law should apply, and exploring
the judicial role in examining MDL's effect on settlement and
leadership selection. As before, the casebook does more than just
present the law-it considers multiple perspectives on policy,
litigation strategy, judicial practice, financial considerations,
and empirical findings. The book fills three gaps in the market for
teaching materials on the U.S. civil justice system. First, it
treats "aggregate litigation" as a cohesive field of law that
encompasses all devices for processing claims en masse. Second, the
book confronts forthrightly the reality of our civil justice system
as one geared toward settlement, not trial. From this vantage
point, the casebook sees the processes for aggregate litigation as
vehicles through which to achieve comprehensive, or broadly
encompassing, resolution of related civil claims. Third, the book
frames the legitimacy of preclusion in aggregate litigation by
drawing, among other things, on conceptions of legitimacy in other
settings, such as private contract and public legislation. In so
doing, the casebook encourages students to see cross-cutting
connections with their other courses on such topics as contracts,
corporations, and administrative law.
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