عنوان

Harm-less lawsuits? :

(Number (ISBN

0844742155

(Number (ISBN

9780844742151

Number

b760707

Title Proper

Harm-less lawsuits? :

General Material Designation

[Book]

Other Title Information

what's wrong with consumer class actions /

First Statement of Responsibility

Michael S. Greve.

Place of Publication, Distribution, etc.

Washington, D.C. :

Name of Publisher, Distributor, etc.

AEI Press,

Date of Publication, Distribution, etc.

2005.

Specific Material Designation and Extent of Item

ix, 55 pages ;

Dimensions

22 cm.

Series Title

AEI liability studies

Text of Note

Includes bibliographical references (pages 43-53).

Text of Note

The consumer law of the horse -- Efficient consumer class actions? -- Consumer classes in action -- The harms of harm-less lawsuits -- Torts and statutes.

0

Text of Note

Consumer class actions often generate billion-dollar verdicts or settlements, even when the plaintiffs class is composed entirely of individuals whose harms are purely hypothetical. Typically, these cases proceed under broadly worded state laws against fraud, misrepresentation, unfair business dealing, and the like. The plaintiffs are not required to show that they actually relied, to their detriment, on the defendants alleged misrepresentation. Consumers who were injured are explicitly excluded from the class and may obtain separate redress for their harms. Such harm-less lawsuits are supported not only by trial lawyers and ideologically motivated consumer advocacy groups but also, and somewhat perplexingly, by a substantial body of law and economics scholarship. Class actions that encompass all possible claimants, the theory runs, will provide finality and efficient deterrence of wrongful corporate conduct. That view, however, is almost certainly mistaken. When added to existing legal protections and recovery for injured consumers, additional actions on behalf of unharmed consumers will generate double recoveries and excessive deterrence. Harm-Less Lawsuits? describes the origins of consumer class actions and analyzes their theoretical and practical problems. It concludes that a viable reform agenda must focus not solely on courts and common law tort but rather on the statutory laws that give rise to those actions. To protect against the massive risk of excessive enforcement and deterrence, the private enforcement of consumer protection laws should be closely tied to traditional common law requirements of detrimental reliance and loss causation.

Title

Harm-less lawsuits?

Class actions (Civil procedure)-- Economic aspects-- United States.

Class actions (Civil procedure)-- United States.

Consumer protection-- Law and legislation-- Economic aspects-- United States.

Consumer protection-- Law and legislation-- United States.

Class actions (Civil procedure)

Consumer protection-- Law and legislation-- Economic aspects.

Consumer protection-- Law and legislation.

United States.

7

Number

Edition

Class number

Book number

Greve, Michael S.

Date of Transaction

20201204202357.0

Electronic name

[Book]

Y