Nicole Guettard Un Official Fan Site Tribute

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Movie Title Year Distributor Notes Rev Formats Al otro lado del espejo 1973 Comptoir Français du Film NonSex Shining Sex 1975 Sweet Home Video NonSex A class action, also known as a class action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member of that group. The class action originated in the United States and is still predominantly a U.S. phenomenon, but Canada, as well as several European countries with civil law have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. Contents 1 Description 2 History 2.1 England 2.2 United States 2.2.1 Modern developments 2.3 Statistics 3 Advantages 4 Criticisms
5 Ethics 6 Defendant class action 7 Mass actions 8 Class action legislation 8.1 Argentina 8.2 Australia and New Zealand 8.3 Austria 8.4 Canada 8.5 Chile 8.6 France 8.7 Germany 8.8 Italy 8.9 India 8.10 Netherlands 8.11 Poland 8.12 Russia 8.13 Spain 8.14 Switzerland 8.15 United Kingdom 8.15.1 England and Wales 8.16 United States 8.16.1 Federal courts 8.16.1.1 Jurisdiction 8.16.1.2 Class certification under Rule 23 8.16.1.3 Notice and settlement 8.16.2 State courts 9 See also 10 References 11 External links 11.1 United States

11.2 Europe Description In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties.[1] This differs from a traditional lawsuit, where one party sues another party for redress of a wrong, and all of the parties are present in court. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who have been injured by the same defendant in the same way.[1] Instead of each damaged person bringing his or her own lawsuit, the class action allows all the claims of all class members—whether they know they have been damaged or not—to be resolved in a single proceeding through the efforts of the representative plaintiff(s) and appointed class counsel.[1] History England The antecedent of the class action was what modern observers call "group litigation", which appears to have been quite common in medieval England from about 1200 onward.[2]:38 These lawsuits involved groups of people either suing or being sued in actions at common law. These groups were usually based on existing societal structures like villages, towns, parishes, and guilds. Unlike modern courts, the medieval English courts did not question the right of the actual plaintiffs to sue on behalf of a group or a few representatives to defend an entire group.[2]:38–40 From 1400 to 1700, group litigation gradually switched from being the norm in England to the exception.[2]:100 The development of the concept of the corporation led to the wealthy supporters of the corporate form becoming suspicious of all unincorporated legal entities, which in turn led to the modern concept of the unincorporated or voluntary association.[2]:124–25 The tumultuous history of the Wars of the Roses and then the Star Chamber resulted in periods during which the common law courts were frequently paralyzed, and out of the confusion the Court of Chancery emerged with exclusive jurisdiction over group litigation.[2]:125–32 By 1850, Parliament had enacted several statutes on a case-by-case basis to deal with issues regularly faced by certain types of organizations, like joint-stock companies, and with the impetus for most types of group litigation removed, it went into a steep decline in English jurisprudence from which it never recovered.[2]:210–12 It was further weakened by the fact that equity pleading in general was falling into disfavor, which culminated in the Judicature Acts of 1874 and 1875.[2]:210–12 Group litigation was essentially dead in England after 1850. United States Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject-matter (Federal-questionDiversity SupplementalRemoval) Personal (In personamIn remQuasi in rem) Venue Change of venue Forum non conveniens Pleadings Complaint (Cause of actionCase Information StatementClass action (2005 Act) ) DemurrerAnswer (affirmative defense)ReplyCounterclaimCrossclaimJoinderIndispensable partyImpleaderInterpleaderInterventionOther motions Pre-trial procedure DiscoveryInitial conferenceInterrogatoriesDepositions Request for admissions Request for production Resolution without trial Default judgmentSummary judgmentVoluntary dismissalInvoluntary dismissalSettlement Trial Parties plaintiffdefendantPro seJury (voir dire)Burden of proof Judgment (As a matter of law (JMOL)Renewed JMOLNotwithstanding verdict (JNOV)Motion to set asideDe novo (new trial) ) Remedy (InjunctionDamagesAttorney's fee (American ruleEnglish rule)Declaratory judgment) Appeal MandamusCertiorari vte Class actions survived in the United States thanks to the influence of Supreme Court Associate Justice Joseph Story, who imported it into U.S. law through summary discussions in his two equity treatises as well as his opinion in West v. Randall (1820).[2]:219–20 However, Story did not necessarily endorse class actions, because he "could not conceive of a modern function or a coherent theory for representative litigation".[2]:219–20 The oldest predecessor to the class-action rule in the United States was in the Federal Equity Rules, specifically Equity Rule 48, promulgated in 1842. Where the parties on either side are very numerous, and cannot, without manifest inconvenience and oppressive delays in the suit, be all brought before it, the court in its discretion may dispense with making all of them parties, and may proceed in the suit, having sufficient parties before it to represent all the adverse interests of the plaintiffs and the defendants in the suit properly before it. But in such cases, the decree shall be without prejudice to the rights and claims of all the absent parties.[3] This allowed for representative suits in situations where there were too many individual parties (which now forms the first requirement for class-action litigation – numerosity).[4] However, this rule did not allow such suits to bind similarly situated absent parties, which rendered the rule ineffective.[2]:221 Within ten years, the Supreme Court interpreted Rule 48 in such a way so that it could apply to absent parties under certain circumstances, but only by ignoring the plain meaning of the rule.[2]:221–222 In the rules published in 1912, Equity Rule 48 was replaced with Equity Rule 38 as part of a major restructuring of the Equity Rules, and when federal courts merged their legal and equitable procedural systems in 1938, Equity Rule 38 became Rule 23 of the Federal Rules of Civil Procedure. Modern developments A major revision of the FRCP in 1966 radically transformed Rule 23, made the opt-out class action the standard option, and gave birth to the modern class action. Entire treatises have been written since to summarize the huge mass of law that sprang up from the 1966 revision of Rule 23.[2]:229 Just as medieval group litigation bound all members of the group regardless of whether they all actually appeared in court, the modern class action binds all members of the class, except for those who choose to opt out (if the rules permit them to do so). The Advisory Committee that drafted

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