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- Title
From "Predominance" to "Re solvability": A New Approach to Regulating Class Actions.
- Authors
Erbsen, Allan
- Abstract
The article presents information on the predominance and resolvability principles related to class actions. The predominance test explicitly refers to the significance of individual issues. The new "resolvability" test that focuses on whether a class action is an appropriate means of resolving disputed claims. It involves both common and individualized elements. The new resolvability test would combine with the existing superiority and commonality tests to require a four-step analysis of how similarity and dissimilarity among putative class members' claims should affect certification.
- Subjects
CLASS actions; CITIZEN suits (Civil procedure); JUSTICE administration; DISPUTE resolution; PARTIES to actions; CONFLICT management
- Publication
Vanderbilt Law Review, 2005, Vol 58, Issue 4, p995
- ISSN
0042-2533
- Publication type
Article