Hearings, Reports and Prints of the Senate Committee on the JudiciaryU.S. Government Printing Office, 1979 |
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agencies amendment amount antitrust attorneys fees award believe bill burden Civil Procedure class action class compensatory action class damage class members Committee compensation complex concern conduct Congress consumer cost counsel damage actions defendant Dennis DeConcini determine deterrence discovery district court economic effect enforcement federal courts Federal Rules filed fund Government impact incentive fee individual injured persons involved issues judges judgment lawsuit lawyers legislation liability limited ment merits NFIB notice OIAJ opt-in OSHA paperwork parens patriae parties penalty plaintiff practice preliminary hearing present problem proposed prosecution public action public interest public recovery question reasonable refugees regulations regulatory Regulatory Flexibility Act relator remedy rule 23 Rules of Civil Senator CULVER Senator DECONCINI settlement small business small claims standards statement statute statutory subcommittee substantial suit supra note tion trial UNHCR United United States Code unjust enrichment Vietnam violations
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Stran 96 - This part states the requirements applicable to the form and content of all financial statements required to be filed under various sections of the Securities Act of 1933, the Securities Exchange Act of 1934, the Public Utility. Holding Company Act of 1935 and the Investment Company Act of 1940. 9) 17 CFR
Stran 43 - defined in section 706(6) of this title, shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 1 USC 29,
Stran 75 - the Federal Rules of Civil Procedure provides as follows: Upon timely application anyone may be permitted to intervene in an action : (1) When a statute of the United States confers an unconditional right to intervene. . . . Furthermore, a statutory intervention similar to that which was made available under the Civil Rights of
Stran 254 - the first virtue of social Institutions, as truth is of systems of thought" and he continues, "A theory however elegant and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are
Stran 294 - (1) the class Is so numerous that Joinder of all members Is Impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the
Stran 193 - and Social Context: Toward a History of the Class Action, 77 COLUM. L. REV. 866, 895-96 (1977). 24 Federal Equity Rule 38 (1912) provided: "When the question is one of common or general interest to many persons constituting a class so numerous as to make it impracticable to bring them all before the court, one or more may sue or defend for the whole.
Stran 221 - Instead, rely upon the present provision in rule 23(b) (3) which requires that a class action be "superior to other available methods for the fair and efficient adjudication of the controversy," and by statute provide the judge with the flexible remedial power to declare that a rule 23(b) (3) action shall proceed instead as a public class action under the provisions of section
Stran 75 - 6 Attorney General certifies that the case is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action. (42 USC section 2000h-2) There appears no reason to create a complex new mechanism for involving
Stran 48 - is in the bill for this purpose, which I strongly support. [There being no objection, the statement was ordered to be printed in the Record, as follows:] But because of current interpretations by AID on the prohibitions
Stran 101 - if the Commission finds that public interest, convenience and necessity would be served thereby." This waiver authority is limited to the situation where a community could not receive CATV service except through a system related to or affiliated with the local telephone common carrier "or upon other showing of good cause.