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Group and Aggregate Litigation in the United StatesRAND Institute for Civil Justice in Santa Monica, California While a class action such as one brought under Federal Rules of Civil Procedure Rule 23 is certainly the most well-known mechanism for aggregating large numbers of similar claims, other approaches include mass joinder of parties, mass consolidation of separate cases, or "multidistrict litigation" transfer of federal cases from across the country into a single action for pretrial processing; corporate reorganizations under the U.S. Bankruptcy Code; large-scale inventories of clients controlled by a single attorney; government-initiated enforcement actions; and "private attorneys general" litigation brought on behalf of the general public.
Key Words: class actions aggregate litigation group litigation representative litigation consolidations joinder multidistrict litigation (MDL)
The ANNALS of the American Academy of Political and Social Science, Vol. 622, No. 1,
32-40 (2009) |
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