Usually filed after pre-certification discovery (that is, discovery relevant to the claims of the named plaintiffs and to the issue of class certification) and before the summary judgment stage, the outcome of the motion for class certification will determine whether the plaintiffs may aggregate the claims of the many or only the isolated claims of the few, or the one. It begins with the filing of a complaint, is often followed by a motion to dismiss, and if the case survives, will typically advance first to discovery, then to summary judgment, and finally to settlement or trial.īut Rule 23 adds a significant, potentially dispositive stage that does not exist in individual litigation: the crucial and potentially dispositive motion for class certification. The Timing of the MediationĬlass action litigation shares many of the attributes of individual litigation. So, again, what makes mediating a class action different from mediating an individual case? Plenty. And in both settings, the parties are usually represented by counsel who will advocate for them and advise them about the risks and probabilities they face. What makes mediating a class action different from mediating an individual case? In both settings, parties seeking to resolve their disputes agree to a non-binding process designed to get them to “yes.” In both settings, the parties engage a third-party neutral who will bring them together, then separate them, then bring them together again, employing a variety of techniques to reach an accord. Public Services, Infrastructure, Transportation.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |