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Explore certification, predominance of common questions, numerosity factors, opt-in or opt-out choices, and cost-sharing in class action suits. Analyze represented claims, settlement process, and aggregate damages distribution based on LSC data from a 15-year study involving 955 cases across different sectors like child abuse, environmental issues, pharmaceutical claims, holiday disputes, disasters, and financial services matters. Case studies cover individual and representative claims, including child abuse, environmental, and financial cases, with a focus on LCD consultation in 2001, piecemeal development, and legislative acts like the Enterprise Act 2002 and Competition Act 1998 regarding consumer claims by specified bodies.
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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 • CHILD ABUSE 22% • ENVIRONMENTAL 15% • PHARMACEUTICALS 12% • HOLIDAY CLAIMS 10% • DISASTERS 7% • FINANCIAL SERVICES 7%
LSC DATA • INDIVIDUAL CLAIMS • INDIVIDUAL COSTS • CHILD ABUSE CASES • ENVIRONMENTAL CASES • FINANCIAL CASES
REPRESENTATIVE CLAIMS • LCD CONSULTATION 2001 • PIECEMEAL DEVELOPMENT • ENTERPRISE ACT 2002 s 19 • COMPETITION ACT 1998 s 47B – CONSUMER CLAIMS • SPECIFIED BODIES