LAW 525 Lecture Notes - Lecture 9: Punitive Damages, Fiduciary, Breast Implant

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Law 525 law of the marketplace chapter 9agenda. Class actions: a civil lawsuit brought by one or more persons on behalf of a larger group of similarly situated persons - the class members. It seeks to have common or similar claims resolved in a single proceeding with the result binding on all class members and opposing parties. Criticisms of class actions: class actions are often expensive to undertake and provide very little compensation to individual class members while generating relatively large fees for lawyers. 1: provisions re: settlement/discontinuance s. 29, provisions re: discovery and appeals s. 15, s. 30. Approval (certification) of claims: class actions can only proceed if judicially approved at the outset, criteria that must be met (s. 5): The pleadings need to disclose a cause of action. A class of two or more persons must be identified. Class proceeding must be the preferable procedure for resolving the claim.

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