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Class Actions

Published: December 2018


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  • 1.

    Outline the organisation of your court system as it relates to collective actions. In which courts may class actions be brought?

  • 2.

    How common are class actions in your jurisdiction? What has been the recent attitude of lawmakers and the judiciary to class actions?

  • 3.

    What is the legal basis for class actions? Is it derived from statute or case law?

  • 4.

    What types of claims may be filed as class actions?

  • 5.

    What relief may be sought in class proceedings?

  • 6.

    Is there a process for consolidating multiple class action filings?

  • 7.

    How is a class action initiated?

  • 8.

    What are the standing requirements for a class action?

  • 9.

    Do members of a class have to opt in or opt out of the action? Are class members notified that an action has been commenced on their behalf and, if so, how?

  • 10.

    What are the requirements for a case to be filed as a class action?

  • 11.

    How does a court determine whether the case qualifies for a collective or class action?

  • 12.

    How does discovery work in class actions?

  • 13.

    Describe the process and requirements for approval of a class-action settlement.

  • 14.

    May class members object to a settlement? How?

  • 15.

    What is the preclusive effect of a final judgment in a class action?

  • 16.

    What type of appellate review is available with respect to class action decisions?

  • 17.

    What role do regulators play in connection with class actions?

  • 18.

    What role does arbitration play in class actions? Can arbitration clauses lawfully contain class-action waivers?

  • 19.

    What are the rules regarding contingency fee agreements for plaintiffs’ lawyers in a class action?

  • 20.

    What are the rules regarding a losing party’s obligation to pay the prevailing party’s attorneys’ fees and litigation costs in a class action?

  • 21.

    Is third-party funding of class actions permitted?

  • 22.

    Can plaintiffs sell their claim to another party?

  • 23.

    If distribution of compensation to class members is problematic, what happens to the award?

  • 24.

    Describe any incentives the civil or criminal systems provide to facilitate follow-on actions.

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