Search

Class proceedings in Czech legislation Abstract The thesis deals with the class proceedings in the Czech legislation. Its aim is to contribute to the expert debate about the emerging class proceedings legislation within the Czech civil procedural law. For this reason, the thesis analyses the topic of the class proceedings, which the Czech expert public has treated mostly theoretically so far. The thesis focuses on the published bill on the class proceedings that was considered by the Czech Chamber of Deputies until 2021. Apart from a critical analysis of the legislative text, the thesis compares it with other relevant regulations and foreign approaches. The comparison provided is two-fold: firstly with the new European Directive on Representative Actions, secondly with the Austrian legal approach to class action. From a methodological viewpoint, the thesis mostly uses the analytical, comparative and synthetic methods. Within the analysis of different legislations, the author uses a positivist approach, while during the analysis of the suggested legislation the methodological approach is normative. In the introduction, the thesis examines the class action institute from a theoretical viewpoint. Subsequently, the current Czech class action legislation included in the Code of Civil Procedure is analysed along...

The paper discusses the procedural features of concluding a settlement in the claim involving a corporation-participant for compensation of losses caused by the bodies of a legal entity, and aimed at recognizing as invalid a transaction made by a corporation and applying the consequences of its invalidity on appropriate corporate grounds. The author critically evaluates the procedural order applied to the peaceful settlement of a dispute in an indirect claim, provided for under paragraph 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23 June 2015 No. 25, in terms of the possibility of an independent conclusion of a settlement by a corporation-participant. The author justifies the necessity of obtaining the consent of the corporation for the legal entity participant to conclude a settlement. Particular attention is paid to considering the specifics of concluding a settlement in the event that other members of the corporation join an indirect claim. The paper demonstrates the procedural features of concluding an amicable settlement when considering an indirect claim according to the rules of the class proceedings. To conclude the study, the author dwells on the issue of the need for corporate approval of a settlement containing signs of a major transaction and (or) an interested party transaction concluded within the framework of an indirect claim.

This study was conducted to describe the improvement of speech skills and the activeness of learners in English language development through debate methods, the implementation of this activity through Class Action Research. The study was conducted in class VII-B SMPN 2 Gunungsitoli Idanoi, which numbered 27 people. This research was conducted in the Even Semester of the Academic Year 2020/2021. Data sources in this class of research include learners, peers, researchers, and documents. The data collection techniques used are observations, tests, and questionnaires. The data analysis carried out in this study is a descriptive analysis technique that includes quantitative data and qualitative data. Quantitative data is obtained from the results of learning learners, while qualitative data is obtained from observation results. The results showed that debate methods in English learning could improve learners' ability to speak. This is seen from the observation that student activity increased from 68.63% in cycle I to 86.75% in cycle II. The final score of learners increased from 70.37 in cycle I to 88.9 in cycle II. This means that the debate method has a positive effect on improving students' speaking skills.

This special issue on class action litigation in the South African Journal on Human Rights was initiated by a call for papers that was drafted by South African lawyer Carina du Toit. It was indeed ...

(Title: Class Action Research in the Context of German Language Learning). As a means of problem-solving, research methods continue to evolve. In the '40s began to be known action research, and this research was also applied in the classroom or called Class Action Research (CAR). This type of research is becoming increasingly popular to evaluate the learning process of German Language Teaching. However, the focus of CAR talks in German language learning is still likely to be rare. This paper discusses the characteristics and application of CAR in German language learning. In addition, this article also reviews the situation of German learning in general. Thus the article can contribute scientifically to teachers and educators in improving performance in their fields. Keywords: Action Research, CAR, Learning, German Language

A ground-breaking judgment of the Australian Federal Court regarding the Montara oil spill in the Timor Sea in 2009, Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 7) (Sanda (No 7)),1 is one of the few Australian class actions to proceed to a favourable judgment for the claimants. It is also the first judgment against an Australian company for cross-border pollution loss suffered by foreign claimants.

The EU Directive 2020/1828 is the arrival point of a troubled harmo-nization process on collective techniques for consumers’ protection, no longer limited to injunctive measures but also extended to redress ones. The essay focuses on the two provisions dedicated, respec-tively, to the binding effects of jurisdictional/ administrative decisions as well as to the exhibition orders. The Author stresses how, through those legislative measures and despite the uncertainties still related to the ongoing implementation process, a European Regulatory Pri-vate Law enforcement is being shaped more and more oriented to the consistency between its “private” and “public”dimension.

Class actions feature severe agency problems, resulting from the divergence of interests between class members and the class attorney. This article proposes a novel mechanism for selecting the class attorney and aligning her interests with those of the represented class. The mechanism applies a combined percentage and hourly litigation fee structure, suggested by Polinsky, Mitchell A., and Daniel L. Rubinfeld. 2003. “Aligning the Interests of Lawyers and Clients,” 5 Am Law Econ Rev 165, in which lawyers earn a percentage of the class’ common fund, and bear the same percentage over their time investment. To maximize the expected payoff for the class, we supplement this fee structure with a preliminary two stages auction, in which the role of the lawyer is tendered using competitive bidding. We prove that the proposed auction approximates the highest possible net payoff for the class as the number of lawyers who compete for the right to represent the class increases. The percentage taken by the lawyer would be the lowest possible, and the winning lawyer would be the one who produces the highest expected net payoff for the class. We then extend the model to cases where the attorney files the class action is compensated for her pre-filing investment, and to settlements (JEL K41, K22)

The purpose of this community service is to provide assistance in writing classroom action research (CAR) and the open journal system (OJS) for physical education teachers in Ogan Ilir District. This community service was carried out online from 20-22 November 2020. The number of participants in this service was 75 physical education teachers consisting of elementary school, junior high school, high school. The methods used in the implementation of the service are lectures, questions and answers, demonstrations, and practice. To see the results of assistance, use a questionnaire to see to what extent this assistance is useful. The results obtained in mentoring the writing of CAR and OJS were that on average 91.8% of participants could understand the writing of CAR and could use OJS. The results of this service are expected to increase competence as a teacher so that it can improve and improve the quality of physical education learning, especially in Ogan Ilir Regency

On December 23, 1969, the National Education Association and the Alabama State Teachers Association (a black organization) filed a class action suit in federal court against the Alabama Dep...

This article provides an analysis of the Directive on representative actions for the protection of the collective interests of consumers of 25 November 2020. The Directive enables qualified entities to bring representative actions on behalf of the consumer. The article uses a Law and Economics approach to stress the advantages of collective actions as a tool to remedy rational apathy and free-rider behaviour. The article therefore in principle welcomes the fact that this Directive will lead to all Member States having some form of collective redress. However, it is rather difficult to fit this Directive into the economic criteria for centralization as there is no obvious danger of cross-border externalities or a race-to-the-bottom. The article is critical of the fact that the Directive only provides for a representative action and does not mention the alternative of a group action (sometimes referred to as a class action). This is especially problematic if there are very few qualified entities that could bring the representative action. Furthermore, the fact that Member States may choose an opt-in procedure instead of an opt-out procedure is critically evaluated. The most problematic aspect of the Directive is the funding of the representative action. Punitive damages and contingency fees are rejected, and the possibility of third-party funding is restricted. It is therefore to be feared that this Directive, notwithstanding the good intentions, may not lead to much application in practice, since the question of how the representative action is to be financed is not resolved in any satisfactory manner.

When the Securities and Exchange Commission (SEC) investigates firms for financial fraud, investors only learn about the investigation if managers disclose it, or regulators sanction the firm. We investigate the effects of such disclosures using confidential records on all investigations, regardless of outcome. Even when no charges are brought, firms that voluntarily disclose an investigation underperform non-disclosing firms by 11.7% over the following year. Disclosure is associated with a higher chance of shareholder class action lawsuits, and more prominent disclosures are associated with worse returns. CEOs who disclose an investigation are 14% more likely to experience turnover. Our results are consistent with transparency about bad news being punished by financial and labor markets.

Many transnational corporations (TNCs) that conducted business in South Africa during apartheid had deemed it profitable and desirable, despite the country’s systemic human rights violations against its majority black population. In the aftermath of the 1960 Sharpeville Massacre and 1976 student uprising, various United Nations and other international resolutions condemned TNCs for their incestuous relationship with apartheid South Africa and called for international sanctions against the regime. The demise of apartheid in 1994 brought about a new democratic, constitutional dispensation based on respect for human rights. However, attempts at holding TNCs liable for aiding and abetting the apartheid regime were fraught with obstacles and proved unsuccessful. Yet, the pursuit of strategic, class action litigation in areas as diverse as collusive conduct in bread manufacturing to occupational lung disease in South Africa’s goldmining industry have proven to be more successful in developing legal remedies against corporate harm. Areas impacted are extended legal standing under the common law, development of new causes of action and generous application of contingence fees arrangement.

Les répercussions de la crise économique et politique que le Liban connait aujourd’hui ne se sont pas limitées à ses frontières. Un nombre très important d’individus résidants à l’extérieur de ce pays ont été touchés directement depuis le début de la crise. En effet, depuis octobre 2019, toute personne détenant des dépôts auprès des banques commerciales libanaises se voit refuser l’accès à ces fonds, surtout pour les transferts internationaux. Ces mesures mises en place par les banques commerciales représentent, en l'absence de législation appropriée, un contrôle des capitaux de facto dépourvu de toute légalité aux yeux du droit libanais. Compte tenu de la corruption qui ravage les institutions étatiques et des interférences politiques dans l’appareil judiciaire libanais, un recours depuis le Liban s’avère impossible aujourd’hui pour les déposants étrangers. Ces derniers recherchent désespérément un forum compétent afin d’exercer leurs droits dans l’espoir de récupérer un jour leurs économies investies dans les banques libanaises. De ces déposants, un nombre important réside au Québec. Ce groupe de personnes a subi un préjudice commun susceptible d’engendrer des litiges similaires. Ainsi se pose la question traitée par ce mémoire. En ce qui concerne les déposants québécois, et en considérant les objectifs de l’action collective québécoise, cette procédure pourrait-elle satisfaire leurs besoins d’accès à la justice? Afin de répondre à cette question, plusieurs problématiques se posent. Notamment, la compétence des tribunaux québécois de se saisir de ce litige, la satisfaction de ce dernier aux critères d’autorisation de l’action collective et les difficultés inhérentes à cette procédure dans le contexte factuel particulier. Ainsi, le lecteur comprendra, ce mémoire aura l’aspect d’une étude de cas pratique hypothétique. Toutefois, les enjeux juridiques seront traités en détail et de manière exhaustive. L’objectif principal demeure la faisabilité de ce recours selon le droit positif québécois., The repercussions of the economic and political crisis that Lebanon is experiencing today are not limited to its borders. A very large number of individuals residing outside this country have been directly affected since the beginning of this crisis. Indeed, since October 2019, any person holding deposits in Lebanese commercial banks has been denied access to these funds, especially in the case of international transfers. These measures put in place by the commercial banks represent a de facto capital control that is, absent appropriate legislation, illegal under Lebanese law. Given the corruption that plagues state institutions and the political interference in the Lebanese judiciary, recourse from Lebanon is impossible today for foreign depositors. These account holders are desperately seeking a competent forum to exercise their rights in the hope of one day recovering their savings invested in Lebanese banks. Of these depositors, a large number resides in Quebec. This group of people have suffered a common prejudice that could lead to similar litigation. This raises the question addressed by this thesis. With respect to Quebec plaintiffs and considering the objectives of the Quebec class action, could this procedure satisfy their need for access to justice? In order to answer this question, several elements must be considered. In particular, the jurisdiction of the Quebec courts to hear this case, whether it meets the criteria for certification of a class action and the difficulties inherent to this procedure considering the peculiar factual context. Thus, the reader will understand that this thesis will have the aspect of a hypothetical practical case study. However, the legal issues will be dealt with in detail and in a comprehensive manner. The main objective remains to determine the feasibility of this recourse within the framework of Quebec's positive law.

The article analyses the peculiarities of the regulation of Class Action institution in the civil proceedings of Lithuania and Poland. Due to its limited scope, this article investigates the civil proceedings in the first instance courts only. The authors draw a special focus on the comparative analysis and the analysis of the effectiveness of the procedure in the current regulation by investigating both the doctrine and the available limited case law. The subject of considerations are problems relating both to the admissibility of filing a class action, as well as the course of court proceedings in cases concerning group proceedings, with particular emphasis on their differences from other procedural structures in Poland and Lithuania.

This brief, yet current, commentary discusses the way eugenically guided policies, like the Sexual Sterilization Acts in Alberta (1928–1972) and British Columbia (1933–1973), have impacted Indigenous women’s reproductive healthcare in Canada. Indigenous women from Alberta, British Columbia, Ontario, Northwest Territories, and Saskatchewan have reported they were coerced into having tubal ligation procedures by their healthcare providers, the most recent account occurring in 2018. These procedures fit the definition of genocide according to the United Nations, and a form of torture as defined by the Criminal Code of Canada. This paper includes an analysis of the legislated and non-legislated policies which aim to control Indigenous women’s reproductive rights and discusses the action the Indigenous community has taken to fight back against racist policies and practices within government and healthcare using activism, storytelling, and a class action lawsuit. The article closes with multilevel recommendations moving forward.

We perform a microstructure analysis of trading activities pre- and post-class period end-dates of securities class action lawsuits. We posit that these events are likely to significantly impact the spreads of affected firms, in addition to the well documented market capitalization loss that spurs the legal action. We detect neither meaningful widening of spreads nor change in put-call ratios ahead of the class period end-date, suggesting no microstructure or option open interest signal of the upcoming event. However, we present strong evidence of a significant degradation in market quality post the class period end-date based on widening spreads lasting for at least 60 trading days. We also document a trading volume spike and share price decline around the event date. Our research shows the impact on shareholders extends beyond the capitalization loss through wider spreads for defendant firms, while the same is not true for a control sample.

En droit français, le préjudice boursier a une consistance bien spécifique qui s’explique, d’une part, par l’originalité des évènements qui en sont à la source et, d’autre part, par la haute technicité du fonctionnement du marché boursier. Ses manifestations se déclinent selon une summa divisio fondée sur l’opposition entre le préjudice causé par une désinformation et le préjudice causé par une information privilégiée. Il est réparé, d’un point de vue substantiel, selon des modalités qui, par certains aspects, peuvent être remises en question, notamment au regard de l’un des grands principes qui gouverne le droit de la responsabilité civile, à savoir celui de la réparation intégrale, lequel semble pour le moins malmené. D’un point de vue procédural, sa réparation, par l’entremise de l’action de groupe, semble constituer une possibilité relativement limitée, tandis que son fondement, fréquemment infractionnel, permet à la victime de bénéficier de la diligence raisonnable de l’autorité de poursuite dans le cadre de l’action publique., In French law, stock exchange damage has a very specific consistency, which is explained, on the one hand, by the originality of the events that are at the source and, on the other hand, by the high technicality of the functioning of the stock exchange. Its manifestations are according to a summa divisio based on the opposition between the harm caused by disinformation and the harm caused by inside information. It shall be substantially repaired in a manner which, in certain respects, may be questioned, in particular in the light of one of the major principles governing the law of civil liability, namely that of full reparation, which seems to be roughed up. From a procedural point of view, its redress through group action appears to be a relatively limited possibility, while its frequently offence-based basis allows the victim to benefit from the due diligence performed by the prosecution authority in the public action.