LAW 525 Chapter Notes - Chapter 9: Sough, Fiduciary, Breast Implant
8 Dec 2015
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Civil lawsuit brought by one or more persons on behalf of a larger group of similarly situations persons (class members) Seeks to have common or similar claims resolved in a single proceeding with the result binding on all class members and opposing parties. 1. improved access to justice: furthered through special rules to encourage the assertions of individual non-viable claims. Forcing wrongdoers to bear the cost of illegal or harmful activities, class actions encourage increased compliance with the law. Reduces the need for state intrusion while encouraging better behaviours. Ca is often expensive to undertake and provide little compensation to individual class members while generating relatively large fees for lawyers. It said prospect of large fees for lawyers create perverse incentives for lawyers to bring unmeritorious actions. Prospect of large and unpredictable jury awards and the availability of punitive damages create strong pressures on defendants to settle an actions regardless of merits of the actions (costs passed to consumers)
