Civil Procedure. Class Actions. Third Circuit Holds That the Filing of a Class Action Tolls the Statute of Limitations for a Subsequent Class Action When the Initial Denial of Class Certification Is Unrelated to the Appropriateness of the Underlying Claims for Class Treatment. McKowan Lowe & Co. v. Jasmine, Ltd., 295 F.3d 380 (3d Cir. 2002)

2003 ◽  
Vol 116 (7) ◽  
pp. 2230
Keyword(s):  
Civil Procedure ◽  
Class Action ◽  
Class Actions ◽  
Initial Denial

scholarly journals Reforming the Institution of a Class Action in Russian Law: Selected Issues

2020 ◽  
Vol 15 (7) ◽  
pp. 68-75
Author(s):  
V. A. Kolotov
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Class Action ◽  
Class Actions ◽  
Arbitration Procedure ◽  
The Subject ◽  
Comprehensive Reform ◽  
Russian Law ◽  
The Law

The paper is devoted to some issues associated with a class action. The subject matter of the study is relevant in light of a comprehensive reform of this institution in the arbitration procedure and the emergence of class actions in civil procedure. The author highlights that class action proceedings cannot be considered as an equal alternative to joinder. Thus, in the author’s view, along with quantitative criteria some other criteria should be used to distinguish class action proceedings from joinder. The author investigates the issue of competition between the class action and individual claims. This problem is resolved in procedural codes in different ways. The paper focuses on some problems associated with the grounds and order of replacement of the claimant representing parties involved. Taking into account that the law allows considering homogeneous claims in collective proceedings, the author concludes that it is necessary to elaborate more detailed rules relating to the case where the class action involves a set of individual claims brought by each participant.

CLASS ACTIONS IN CIVIL PROCEDURE: ENFORCEMENT ISSUES

2021 ◽  
Vol 11 (5) ◽  
pp. 86-106
Author(s):  
V.V. YARKOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Class Action ◽  
Class Actions ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Special Rules

The issues of legal regulation and the first experience of law enforcement of class actions on the example of chapter 22.3 of the Civil Procedure Code of the Russian Federation are considered. Despite the generally unified legal regulation of class proceedings in arbitration and civil proceedings, in the practice of courts of general jurisdiction there are specific issues that need to be addressed. In article value of unity of all conditions of qualification of the declared requirements as the class action is underlined, and also consequences of non-compliance of conditions of certification are revealed. Attention has been drawn to the necessity of application of the general rules of action proceedings along with the special rules of chapter 22.3 of the Civil Procedure Code of the Russian Federation in consideration of class actions. Also within the framework of this study the author concludes that each new legal institute raises a number of controversial issues in the process of law enforcement. And that is why it is very important to refer to the general provisions of the Civil Procedure Code of the Russian Federation, developed under the guidance of Professor M.K. Treushnikov, which allow to find the best solution for this or that problem of legal regulation and law enforcement.

scholarly journals L'autorisation d'exercer le recours collectif

2005 ◽  
Vol 21 (3-4) ◽  
pp. 855-959 ◽  
Author(s):  
Mario Bouchard
Keyword(s):  
Civil Procedure ◽  
Class Action ◽  
Basic Principles ◽  
Class Actions ◽  
Foreign Law ◽  
Introductory Part ◽  
American Law ◽  
Court Proceedings ◽  
Relationship Of ◽  
The Relationship

This paper is basically an analysis of art. 1003 of the Code of Civil Procedure of Québec. Following a brief survey of the origins of class actions in English and American law, the Québec class action is defined as a form of procedure available to plaintiffs only, based on the existence of a group acting through a representative. It is then distinguished from similar forms of procedure, whether under Québec law (art. 59 and 67 C.C.P.) or foreign law (constitution de partie civile, relator, Adhasionsprozess, etc.). The introductory part goes on to examine the relationship of class actions to basic principles of civil procedure in Québec (such as the rules on standing), to challenge some widely-held beliefs concerning class actions and their social and economic impact, and finally to underline the unitary character of class actions under Québec law. Brought under closer analysis, the introductory paragraph of art. 1003 underscores the requirement of a hearing by the court, indicates the nature and timing of judicial authorization, and determines the scope and extent of the conferment of representative status. The case of groups referred to in art. 1048 C.C.P. is examined in this connection. The paper then surveys in turn each of the lettered paragraphs of art. 1003 C.C.P., in the light of similar provisions in Québec and other jurisdictions, with special reference to the American Federal rule. Similitudes and contrasts are thereby brought into view. It thus appears that paragraph d) is alone in showing definite American influence; indeed, discussion of this paragraph centres on foreign law. A critical review is made of the cases under each of the paragraphs. Certain approaches to the construction of art. 1003 are also criticized, especially those implying further conditions to the grant of representative status or involving the use or irrelevant tests in this regard, in spite of differences between American and Québec procedures or between the American and Canadian constitutions. Finally, the paper underlines the requirement, imposed by art. 1022 and 1024 C.C.P., that conditions laid down by art. 1003 continue to exist throughout the duration of the case. The paper concludes that the Québec class action is probably the most liberal of all, and may open up new approaches toward using court proceedings to implement policy. However, it is feared that the courts may prove unreceptive to the innovative spirit behind this form of action; indeed, some cases decided so far seem to show a serious misapprehension of its character.

PENERAPAN METODE STORY READING UNTUK MENINGKATKAN KEMAMPUAN BERBICARA ANAK USIA 5 - 6 TAHUN DI TK MELATI / ABA 005 PULAU BALAI

2015 ◽  
Vol 4 (2) ◽  
pp. 143
Author(s):  
Hasnidar '
Keyword(s):  
Data Collection ◽  
Initial Data ◽  
Research Data ◽  
Class Action ◽  
Percentage Increase ◽  
Story Reading ◽  
Reading Methods ◽  
Number Of Children ◽  
Class Actions ◽  
Speaking Skills

This study aims to improve speaking skills of children aged 5-6 through methods Story Reading in TK Melati/ ABA 005 Pulau Balai. The method used is a Class Action Research. Class actions that researchers do the research is to use the method Story Reading to improve speaking skills of children aged 5-6 years in TK Melati TK Melati/ ABA 005 Pulau Balai, and is observed by the observer. Samples taken are TK Melati/ ABA 005 Pulau Balai with the number of children of 20 people, consisting of 13 men and 7 women. Data collection techniques in this research is through observation of teachers and children as well as data capability speaking children aged 5-6 years with use of methods Story Reading. Hipotesis in this study is if the method will be applicable Story Reading can improve speaking skills of children aged 5-6 years in TK Melati/ ABA Pulau Balai 005 can be enhanced through storytelling. Results of the research data obtained by using the method Story Reading can improve the ability to speak of children aged 5-6 years in TK Melati / ABA 005 Pulau Balai. The percentage increase in the ability to speak the child at the age of 5-6 years using Story Reading methods in TK Melati/ ABA 005 Pulau Balai, from initial data to the second cycle increased by 32.2%. The implication of this study is the use of methods Story Reading used properly, can improve speaking skills of children aged 5-6 years in TK Melati/ ABA 005 Pulau BalaiKeywords: story reading, speech

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