This casebook focuses on one of the most important and dynamic areas of modern federal civil practice—aggregate-party litigation, particularly class actions and multidistrict litigation. The casebook covers the latest groundbreaking Supreme Court cases involving employment discrimination, arbitration, expert testimony, “pick offs” of class representatives, aggregate proof of damages, and securities fraud. The book not only provides cutting-edge cases, it also explores litigation strategies used by practitioners and examines the theories underlying complex, multi-party litigation. As such, the book is ideal for practitioners, as well as students and faculty. One unique feature of the book is that it has separate, in-depth sections on mass torts, employment discrimination, and securities fraud. It also has sections that address a host of non-class aggregation devices, including joinder, consolidation, intervention, interpleader, impleader, bankruptcy, derivative suits, and suits involving unincorporated associations.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 07/18/2017
Related Subject(s): Complex Litigation

Robert H. Klonoff, Lewis & Clark Law School

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This edition includes a greatly expanded treatment of multidistrict litigation, with the topic now receiving a separate chapter. Included in that chapter is a case study of one of the most highly publicized multidistrict litigation cases, the Volkswagen Clean Diesel case. The new text also focuses on an important topic that has received substantial attention among the circuits: the “heightened ascertainability” test imposed by some federal circuits in reviewing the class definition. And the text includes new treatment of two other important topics: third-party litigation financing and pre-packaged bankruptcies. The text sets out as featured cases numerous Supreme Court cases handed down since the last edition, including Campbell–Ewald Co. v. Gomez; Comcast Corp. v. Behrend; Tyson Foods, Inc. v. Bouaphakeo; and Amgen Inc. v. Connecticut Retirement Plans & Trust Funds. It also features important new federal circuit court cases, including the Third Circuit’s opinion in In re National Football League Players Concussion Injury Litigation, which approved a classwide settlement for retired football players, and the Seventh Circuit's decision in Mullins v. Direct Digital LLC, which rejected the “heightened ascertainability” requirement imposed by the Third Circuit.

Learn more about this series.