Most of these jurisdictions forbid private attorneys from charging fees related to the amount of damages obtained. This limitation aims to minimize if not eliminate the potential for conflicts of interest that arise in individually represented class actions prosecuted by private, fee-seeking class counsel. Today this issue is the subject of vigorous debate in the European Union, where advocates for private enforcement of antitrust and consumer protection law have struggled against those who champion traditional European reliance on public enforcement and deride proposals for “American-style class actions.” Among the twenty-odd countries outside the United States that have adopted class actions, most have limited standing to represent a class to public officials or nonprofit organizations vetted or approved by the government. Using private litigation to achieve public policy goals raises a fundamental question about the proper balance between public and private law in democratic societies. Support for these class actions rests on the highly contested proposition that permitting entrepreneurial lawyers to act as “private attorneys general” is an effective means of enforcing market regulations. 7 Although critics have targeted virtually all types of class actions, political opponents have focused on consumer class actions and other suits on behalf of class members with small-value claims - tellingly dubbed “negative value” class actions. Supreme Court and other federal appellate decisions have undermined their viability. 5 The Class Action Fairness Act of 2005 6 (CAFA) has shifted formerly state court class actions into federal court where a steady stream of U.S. 4 replaced by aggregated lawsuits resolved in multidistrict litigation (MDL). Supreme Court decisions in Amchem Products Inc. 2 Mass tort class actions have virtually disappeared as a result of the U.S. LemosĪfter almost two decades of multilateral attacks, private class actions are on the decline in the United States. Aggregate Litigation Goes Public: Representative Suits by State Attorneys General by Margaret H.But just as she settled down into the chair to rest, it broke into pieces! 1 Response To “Ahhh, this chair is just right,” she sighed. So she tried the last and smallest chair. “This chair is too big, too!” she whined. Goldilocks sat in the first chair to rest her feet. So, she walked into the living room where she saw three chairs. After she’d eaten the three bears’ breakfasts she decided she was feeling a little tired.
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