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FAIRNESS IN CLASS ACTIONS MARK MILDRED

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FAIRNESS IN CLASS ACTIONS. MARK MILDRED. COMPARATIVE PROCEDURE. CERTIFICATION PREDOMINANCE OF COMMON QUESTIONS NUMEROSITY OPT-IN OR OPT-OUT REPRESENTATIVE CLAIMANT. COMPARATIVE PROCEDURE. LIMITATION COST-SHARING SETTLEMENT AGGREGATE DAMAGES. LSC DATA. 15 YEARS – 955 CASES - PowerPoint PPT Presentation

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Page 1: FAIRNESS IN CLASS ACTIONS

FAIRNESS IN CLASS ACTIONS

MARK MILDRED

Page 2: FAIRNESS IN CLASS ACTIONS

COMPARATIVE PROCEDURE

• CERTIFICATION

• PREDOMINANCE OF COMMON QUESTIONS

• NUMEROSITY

• OPT-IN OR OPT-OUT

• REPRESENTATIVE CLAIMANT

Page 3: FAIRNESS IN CLASS ACTIONS

COMPARATIVE PROCEDURE

• LIMITATION

• COST-SHARING

• SETTLEMENT

• AGGREGATE DAMAGES

Page 4: FAIRNESS IN CLASS ACTIONS

LSC DATA

• 15 YEARS – 955 CASES

• CHILD ABUSE 22%

• ENVIRONMENTAL 15%

• PHARMACEUTICALS 12%

• HOLIDAY CLAIMS 10%

• DISASTERS 7%

• FINANCIAL SERVICES 7%

Page 5: FAIRNESS IN CLASS ACTIONS

LSC DATA

• INDIVIDUAL CLAIMS

• INDIVIDUAL COSTS

• CHILD ABUSE CASES

• ENVIRONMENTAL CASES

• FINANCIAL CASES

Page 6: FAIRNESS IN CLASS ACTIONS

REPRESENTATIVE CLAIMS

• LCD CONSULTATION 2001

• PIECEMEAL DEVELOPMENT

• ENTERPRISE ACT 2002 s 19

• COMPETITION ACT 1998 s 47B – CONSUMER CLAIMS

• SPECIFIED BODIES


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