The class action lawsuits
Summary :
Table of Contents
- Introduction.
- Meaning of class action.
- The consequences of the development of class actions on the western countries legal systems.
- Critics.
- The billionaire American lawyers.
- Are class actions coming to France?
- The example of the 'big fat' class action.
- Conclusion.
- Indicative bibliography.
Abstract
We read about class actions almost everyday in the newspapers. The idea to gather together in order to sue big companies such as tobacco or food companies originates from the United States; however, as these lawsuits are increasingly successful, the phenomenon currently spreads into the whole occidental world. A class action lawsuit is the way used by several people (for instance, thousands of consumers), to have their rights acknowledged. In the American federal Courts, the principle of class action is given in the 23rd article of the Civil Federal Code. That means that the companies can be sued by persons who live in different States. The claim is made by one or several plaintiffs (whose names are known by the Court) in the name of an indistinct group of persons (which is called a putative class). These persons must have suffered a common injury. Usually, this injury is linked to an action made by a company or a default in a product.
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