Class Action Jurisdiction Act: Hearings Before a Subcommittee on Improvements in Judicial Machinery...91-1, on S. 1980. July 28, 29, 19691970 - 485 strani |
Pogosti izrazi in povedi
2d Cir Action Jurisdiction Act adequate adjudication Advisory Committee's Note aggregation alleged amended amount in controversy ancillary jurisdiction apply attorneys behalf bill cert charge Civil Procedure claims Class Action Jurisdiction class members class suit commerce Committee common questions complaint Congress consumer class actions consumer protection contract corporation creditor damages Deceptive Trade Practices decision defendant determination dismissed district courts diversity jurisdiction diversity of citizenship effect enforce equity federal courts federal law Federal Rules Federal Trade Commission fraud involved issue joinder judgment judicial jurisdictional amount law or fact legislation litigation matter Montgomery Ward notice odd-lot overcharge permit persons plaintiff problem proceeding questions of law remedy representation representative suit requirement res judicata Rule 23 Rules of Civil Senator TYDINGS situation statute subdivision substantially sumer Supp supra note taxicab tion UCCC Uniform Act violation Ward York
Priljubljeni odlomki
Stran 114 - ACTIONS (a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (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 claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
Stran 203 - The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.
Stran 104 - ... 3. the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the...
Stran 282 - ... shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties, or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by...
Stran 103 - If persons constituting a class are so numerous as to make it impracticable to bring them all before the court, such of them, one or more, as will fairly insure the adequate representation of all may, on behalf of all, sue or be sued...
Stran 80 - Insurance at the Wharton School of Finance and Commerce at the University of Pennsylvania. He presented this paper at an "Insurance Clinic...
Stran 194 - ... the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole...
Stran 101 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of the whole.
Stran 275 - ... for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of...
Stran 140 - These rules shall not be construed to extend or limit the jurisdiction of the district courts of the United States or the venue of actions therein.