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The law and economics of class actions

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Summary

  • Legal and economic analyses overlap and interact in many areas. Recent U.S. Supreme Court and lower court decisions on class action lawsuits clearly focus on the critical role that economic analysis plays in determining the outcome of class actions. Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend have made national headlines, raising the bar in class certification for showing common impact and preponderance through expert testimony. These decisions have turned on the adequacy of the analyses put forth by expert economists, finding the analyses of the plaintiffs' economists to be in

Notes

  • Description based upon print version of record.
  • Includes bibliographical references at the end of each chapters.
  • English

Contents

  • FRONT COVER; THE LAW AND ECONOMICS OF CLASS ACTIONS; COPYRIGHT PAGE; CONTENTS; LIST OF CONTRIBUTORS; THE LAW AND ECONOMICS OF CLASS ACTIONS: YESTERDAY, TODAY, AND TOMORROW; NOTES; FROM HYDROGEN PEROXIDE TO COMCAST: THE NEW RIGOR IN ANTITRUST CLASS ACTIONS; TABLE OF CONTENTS; INTRODUCTION; RIGOR UNDER 23(B)(3) CAN NO LONGER BE AVOIDED; STEP 1: APPLY DAUBERT FULLY IN THE CLASS SETTING ON THE QUESTIONS OF BOTH IMPACT AND DAMAGES; STEP 2: EVALUATE IF THE PROPOSED METHODOLOGY FOR PROVING IMPACT COULD BE USED BY EVERY CLASS MEMBER IF APPLIED IN INDIVIDUAL CASES
  • STEP 3: CAN DAMAGES BE PROVEN ON A CLASS WIDE BASIS?CONCLUSION; NOTES; ACKNOWLEDGMENTS; REFERENCES; THE CLASS CERT GAMES: COACH, COMMENTATOR, OR CRITIC?; TABLE OF CONTENTS; COACH; COMMENTATOR; CRITIC; CONCLUSION; NOTES; REFERENCES; ANTITRUST CLASS PROCEEDINGS - THEN AND NOW; TABLE OF CONTENTS; INTRODUCTION; THE EARLY HISTORY OF RULE 23; EISEN AND BOGOSIAN; THE RISE AND FALL OF BIFURCATED DISCOVERY; POST-COMCAST ECONOMIC TESTIMONY AND CLASS CERTIFICATION; CONCLUSION AND RECOMMENDATIONS; NOTES; REFERENCES; ECONOMETRIC TESTS FOR ANALYZING COMMON IMPACT; TABLE OF CONTENTS; INTRODUCTION
  • ALLOWING FOR INDIVIDUALIZED EFFECTS IN PRICE-FORMATION MODELS TESTING FOR INDIVIDUALIZED EFFECTS WITH A COMMON ECONOMETRIC MODEL; CONCLUSION; NOTES; REFERENCES; ASSESSING MARKET EFFICIENCY FOR RELIANCE ON THE FRAUD-ON-THE-MARKET DOCTRINE AFTER WAL-MART AND AMGEN; TABLE OF CONTENTS; OVERVIEW; THE LINK BETWEEN THE FRAUD-ON-THE-MARKET THEORY (A JUDICIAL DOCTRINE) AND MARKET EFFICIENCY HYPOTHESIS (AN ECONOMIC THEORY); TESTS OF EFFICIENCY USED IN THE ECONOMICS LITERATURE; THE CAMMER FACTORS ARE NOT CONCLUSIVE PROOF OF MARKET EFFICIENCY
  • THE GLOBAL LIQUIDITY CRISIS OF 2007-2008, LIMITS TO ARBITRAGE AND MARKET INEFFICIENCY CONCLUSION; NOTES; ACKNOWLEDGMENTS; REFERENCES; EUROPEAN COLLECTIVE REDRESS: LESSONS LEARNED FROM THE U.S. EXPERIENCE; TABLE OF CONTENTS; INTRODUCTION; CONSULTATION ON COLLECTIVE REDRESS IN THE E.U.; CLASS ACTIONS IN THE UNITED STATES; NONLITIGATION MECHANISMS FOR COLLECTIVE REDRESS IN THE UNITED STATES; CONCLUSION: A MODEST PROPOSAL; NOTES; REFERENCES; CARTEL OVERCHARGES; TABLE OF CONTENTS; INTRODUCTION; LITERATURE OVERVIEW; GENERAL DESCRIPTION OF THE SAMPLE; ANALYSIS OF THE OVERCHARGE RESULTS
  • DECISIONS OF ANTITRUST AUTHORITIES SUMMARY AND IMPLICATIONS; NOTES; ACKNOWLEDGMENTS; BIBLIOGRAPHY; APPENDIX: DATA SOURCES AND COLLECTION METHODS
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