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Class Actions

Published: December 2019

Mexico


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  • 1.

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

  • 2.

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

  • 3.

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

  • 4.

    Types of claims
    What types of claims may be filed as class actions?

  • 5.

    Relief
    What relief may be sought in class proceedings?

  • 6.

    Initiating a class action and timing
    How is a class action initiated? What is the limitation period for bringing a class action? Can the time limit for bringing a class action be paused? How long do class actions typically take from filing to a final decision?

  • 7.

    Standing
    What are the standing requirements for a class action?

  • 8.

    Participation
    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?

  • 9.

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

  • 10.


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

  • 11.

    Consolidation
    Is there a process for consolidating multiple class action filings?

  • 12.

    Discovery
    How does discovery work in class actions?

  • 13.

    Privilege and confidentiality
    What rules and standards govern non-disclosure of documents on the grounds of professional privilege, litigation privilege or other confidentiality considerations?

  • 14.

    Testimony
    What rules apply to submission of factual and expert witness testimony? In what circumstances will the court order witness-examination?

  • 15.

    Defence strategy
    What mechanisms and strategies are available to class-action defendants?

  • 16.

    Joint defence agreements
    What rules and standards govern joint defence agreements? Are they discoverable? What are the advantages and disadvantages of these agreements?

  • 17.

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

  • 18.

    Objections to settlement
    May class members object to a settlement? How?

  • 19.

    Separate settlements
    How are separate class action settlements handled?

  • 20.

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

  • 21.

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

  • 22.

    Regulators
    What role do regulators play in connection with class actions?

  • 23.

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

  • 24.

    Arbitration and ADR
    What role do arbitration and other forms of alternative dispute resolution play in class actions? Can arbitration clauses lawfully contain class-action waivers?

  • 25.

    Court-ordered mediation
    Do courts order pretrial mediation in class actions? Does the appointment of a mediator make it more likely that the court will approve a settlement?

  • 26.

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

  • 27.

    Cost burden
    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?

  • 28.

    Calculation
    How are costs calculated? What costs are typically recovered? Does cost calculation differ in the litigation and settlement contexts?

  • 29.

    Third-party funding
    Is third-party funding of class actions permitted?

  • 30.

    Public funding
    Is legal aid or other public funding available for class actions?

  • 31.

    Insurance
    Are adverse costs, adverse litigation judgment or after-the-event insurance available?

  • 32.

    Transfer of claims
    Can plaintiffs sell their claim to another party?

  • 33.

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

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Mexico City
Paseo de los Tamarindos 60, 4th Floor
Bosques de las Lomas
Cuajimalpa de Morelos
05120
Mexico City
Mexico
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