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FAIRNESS IN CLASS ACTIONS

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

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FAIRNESS IN CLASS ACTIONS

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  1. FAIRNESS IN CLASS ACTIONS MARK MILDRED

  2. COMPARATIVE PROCEDURE • CERTIFICATION • PREDOMINANCE OF COMMON QUESTIONS • NUMEROSITY • OPT-IN OR OPT-OUT • REPRESENTATIVE CLAIMANT

  3. COMPARATIVE PROCEDURE • LIMITATION • COST-SHARING • SETTLEMENT • AGGREGATE DAMAGES

  4. LSC DATA • 15 YEARS – 955 CASES • CHILD ABUSE 22% • ENVIRONMENTAL 15% • PHARMACEUTICALS 12% • HOLIDAY CLAIMS 10% • DISASTERS 7% • FINANCIAL SERVICES 7%

  5. LSC DATA • INDIVIDUAL CLAIMS • INDIVIDUAL COSTS • CHILD ABUSE CASES • ENVIRONMENTAL CASES • FINANCIAL CASES

  6. 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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