Today's decision in Kwaak v. Pfizer concluded that claims of
the potential class plaintiffs were too different to join together in a single action.
Not exact matches
In most provinces in the country, anyone who has the same legal complaint as a
plaintiff who launches any type of
class action can automatically share in any
potential settlements provided they make a rightful claim in time, say legal experts.
(i) the
plaintiffs had not been properly advised of their
potential exposure to costs in the event of the dismissal of the
class proceeding;
Attis represents important appellate Court guidance for the
class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked
class counsel as a
potential payment source for defendants in situations where the
plaintiffs were unwilling or unable to cover costs ordered against them.
Key issues of the report include
potential conflicts of interest, disclosure to the
plaintiff and interests of unrepresented
class members The deadline for submissions is 22 September 2017.
In Attis v. Attorney General, Cullity, J. held that where
class plaintiffs» counsel supposedly failed to explain their
potential costs exposure to them, the solicitor acted without authority in commencing the action.
But a recent Ninth Circuit opinion illustrates the
potential danger to
plaintiffs in this approach — and a
potential opportunity for defense counsel to raise or renew the jurisdictional issue after the
class certification stage.
So the bargaining power of a Dutch global
class is only as strong as the legal ecosystem is
plaintiff - friendly in the nations where they have claims or
potential claims.
The article points out that although the three decisions have
potential to spell disaster for
class action
plaintiffs given the conservative majority in the Supreme Court, two of the three
class - action - related decisions last term came out in favor of the
plaintiffs.
They use their knowledge and experience to develop the best litigation strategies, to identify
potential plaintiffs as well as to seek
class action certification for nationwide clients and claims.
Aside from being an exceedingly entertaining read (for anyone other than the petitioners» counsel), the opinion is of interest for Judge Posner's additional discussion of the
potential (with an emphasis on the word
potential) abuses of
class action settlements by both
plaintiffs» attorneys and defendants.
Opt - out regimes are generally considered to be more
plaintiff - friendly, in that they involve larger
classes and thus larger
potential claims against defendants.
A
class action suit allows the claims of numerous
potential plaintiffs to be heard in one legal case, rather than separate legal actions that each person would have to bring.