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Posts Tagged ‘mexican class action’

Kevin LaCroix, whose blog The D&O Diary is a premier source for the latest trends in securities-related class action litigation, has an excellent post out today discussing two key developments in an area that is very close to my heart, international class action litigation.  The first part of LaCroix’s post discusses a recent publication from Asia-based International law firm King & Wood Mallesons discussing class action filings in Australia.  According to the report, there are currently only about 14 class action filings filed on average in the Australian federal court, a number that represents less than 1% of all federal filings in that country (this figure does not include filings in the courts of individual states; both Victoria and New South Wales also have civil procedure rules similar to the federal rules).

The second part of the post addresses the potential implications of the recent enactment of a class action law in Mexico.  LaCroix summarizes a recent Jones Day publication on the subject, then adds his own commentary.  In particular, he makes an observation similar to one that international plaintiffs’ class action lawyers Michael Hausfeld and Brian Ratner make in the forthcoming book World Class Actions: that one of the potential implications of the US Supreme Court’s 2010 decision in Morrison v. National Australia Bank, which limited f-cubed securities class actions in the United States, may be an increase in litigation in foreign jurisdictions that allow for securities class actions or some other form of collective redress.

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A recent CAB post entitled Mexico Joins the Class Action Club provided an update from Mexican attorney Jorge de Hoyos Walther on the passage of recent legislation in Mexico introducing class actions.  If that post piqued your interest, check out this new article authored by Catherine Dunn for Corporate Counsel magazine (available at Law.com) entitled Mexico’s New Class Action Law Opens a Litigation Frontier.  Dunn’s article highlights the key provisions of Mexico’s new class action law and compares and contrasts it both with U.S. class action procedure and the procedures available in other Latin American countries.

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On Friday afternoon, I received a comment to a December post entitled Are Class Actions About to Make a Run for the Border? that deserved a more conspicuous mention.   The comment came from Mexican attorney Jorge de Hoyos Walther, who had the following update on the status of legislation in Mexico introducing collective actions:

In April 2011 the Mexican Parliament approved a legislative package that regulates such actions, foreseeing the publication of the same in the Federal Official Gazette during the month of July. The amended laws are six: (1) Federal Code of Civil Proceedings; (2) Federal Civil Code; (3) Federal Law of Economic Competence; (4) Federal Law of Consumer’s Protection; (4) Organic Law of the Federal Judicial Power; (5) General Law of Ecological Equilibrium and Environmental Protection; and (6) Law of Protection to the User of Financial Services. On August 30th 2011, the Federal Official Gazette published this amendment to the federal law.

Legislation limits collective actions to matters related to the consumption of goods or services (public or private) and the environment.

jdehoyos@dha.com.mx

Jorge de Hoyos Walther

http://www.dha.com.mx

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According to this December 9, 2010 Bloomberg article from Adriana Lopez Caraveo and Jens Erik Gould, the Mexican Senate has passed a bill that would introduce a form of class action litigation to Mexico.  According to the article:

The bill, which now moves to the lower house, would allow Mexicans to bring class action suits against companies that provide consumer goods and services, financial services or that cause environmental damage, according to the bill. Mexican law doesn’t currently allow for such lawsuits.

For more on the bill, see this December 10 article in The News from Víctor Mayén, which characterizes the bill as authorizing collective actions

regarding the consumption of private or public goods and services, environmental services and financial services that harm the consumer, due to monopolistic or other undue practices.

Neither article assesses the odds of the bill’s passage in the lower house, although the unanimous passage in the Senate would appear to suggest that the chances are good.

The legislation follows an amendment to article 17 of the Mexican constitution, passed in June, granting authority to the legislature to pass legislation regulating class or collective actions.  For more on the amendment, see this entry posted in June at the Stanford University global class actions clearinghouse.

Despite a (somewhat) diligent Internet search, I have not been able to locate an English translation of the Bill, so unfortunately I can’t report on any of the details of the legislation.  This August 2008 report from emii.com hinted that the legislation being considered in Mexico at the time was following a more “Latin American” pattern, as distinguished from US-style class action procedure.

If any readers have more information about this bill, we welcome your comments.

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