This year’s Class Action guide features overviews of class, collective and other group litigation procedures in 17 different jurisdictions, ranging from the relatively mature process in the United States, to more nascent processes in France, China and Denmark, among others.
As the number of class action regimes continues to increase, and as the jurisprudence in each jurisdiction expands and becomes more sophisticated, it is critical for all types of litigants – but especially those that transact business on an international scale – to understand and remain apprised of the risks and benefits involved in these proceedings.
In the United States, of late, the biggest developments have come in the form of seminal rulings by the US Supreme Court that have had the effect of further limiting litigants’ ability to commence class proceedings. Once again, in the current term, the US Supreme Court already has agreed to hear a number of additional cases that will explore certain aspects of class action jurisprudence for the first time, and (potentially) resolve open questions created by prior rulings. There also are pending proposed legislative initiatives, such as the Fairness in Class Action Litigation Act, which would dramatically impact class action litigation as it is currently practised.