Emerald Supplies Ltd. v. British Airways PLC is already being heralded as a rejection of US-Style class actions in the UK, but my reading of the opinion leaves the question far from settled. The opinion falls far short of foreclosing the possibility of a representative action in every case where the plaintiffs’ interests are not literally identical. In fact, the [...]
Posts Tagged ‘representative action’
Are Reports of the Demise of Class Actions in the UK Greatly Exaggerated?
Posted in class action reform, Class Action Trends, International Class Action Law, tagged antitrust, british airways class action, civil procedure rule 19.6, collective action, International Class Action Law, lord justice mummery, Micawberish, representative action, UK class action on November 22, 2010 | Leave a Comment »
Proponents of US-Style Class Actions in the UK Suffer a Setback
Posted in Class Action News, class action reform, Class Action Trends, International Class Action Law, tagged british airways, British class action, class action, collective action, collective redress, England and Wales, International Class Action Law, representative action, UK on November 18, 2010 | Leave a Comment »
(Editor’s note – Revised at 6:26 p.m. MST to include link to the decision. See below) As reported by Jane Croft and Pilita Clark at the Financial Times and Eric Larson at Bloomberg, the Court of Appeal of England and Wales ruled yesterday that an antitrust suit filed by two shipping businesses against British Airways may not go forward as a [...]
Partial Glossary of Representative Actions and Terms
Posted in Class Action Trends, Other Representative Actions, tagged aggregator, associational standing, bellwether, class action, collateral estoppel, collective action, derivative suits, dispositive motion, issue preclusion, mass action, non-mutual offensive collateral estoppel, parens patriae, qui tam, representative action, reverse bifurcation, virtual representation on May 1, 2008 | 2 Comments »
I commented recently on the fact that the well publicized “class-action” trial against the United States Department of Veteran’s Affairs was never actually certified as a class action. Instead, the case is being pursued by two nonprofit veterans’ advocacy groups who are pursuing the case on behalf of their members based on a concept called associational [...]


Technically Speaking, You don’t “Join” a Class Action
Posted in Commentary, Other Representative Actions, rule 23, tagged class action procedure, class certification, join a class action, representative action, rule 23 on September 3, 2008 | 1 Comment »
As someone who reads a lot of news articles about class action lawsuits, I see a lot of technical misstatements by the media in reporting on the mechanics of class action procedure. To most casual readers, these errors may not be that important to the overall story about a particular lawsuit, so the distinctions that I [...]
Read Full Post »