And with extensive experience with state attorneys general and multistate actions, we effectively support consumer protection investigations and litigation. We have done so by compelling individual arbitration, transferring jurisdiction, winning motions to dismiss and summary judgment, defeating class certification, winning immediate appeal under Rule 23(f) and prevailing at trial, as well as using creative resolution strategies when appropriate. Our class action team has a proven track record of successfully defending clients in hundreds of national and state class, collective and multiplaintiff actions alleging privacy, consumer protection, advertising, employment, environmental and shareholder claims, among others. We help you defend and protect your business and brand from complex disputes brought by the aggressive class action plaintiffs’ bar. Hard copies are available on request from the Commission's Secretariat at 20/F Harcourt House, 39 Gloucester Road, Wanchai, Hong Kong.Class actions pose exceptional challenges and threaten extraordinary liabilities. 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. The report can be browsed at this website. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Find out if you are eligible for compensation and how you can submit a claim. is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Once experience is accumulated in the funding of class actions by the Consumer Legal Action Fund, then a general class action fund extended to actions outside the ambit of the Consumer Council could be considered if the proposed regime is extended to other types of cases. This national Class Action is the first of its kind and seeks compensation for the damages and abuses suffered by all Indian Day School students who were forced to attend Indian Day Schools and were excluded from the Indian Residential Schools Settlement Agreement. In the light of experience gained, the Administration can assess whether and when the regime should be extended to other types of cases.

This cautious approach was to avoid the risk of unduly encouraging litigation.Īnother merit of this incremental approach is to allow the court system and the community to gain experience in this new type of procedure. To obtain the designation for the case, the lead plaintiff or plaintiffs must demonstrate to a court. A plaintiff or small group of plaintiffs will start an individual lawsuit and request class certification. The Commission recommended phasing the implementation of a class action regime by starting with consumer cases, which would bring within the net, potentially the largest segment (or even the majority) of cases suited to class actions. Class actions arise when a single wrongful act or a set of them causes harm or violates the legal rights of numerous people and parties. These actions not only pose great financial risk, but also have the potential. On December 30, 2019, the Court preliminarily approved a proposed settlement in a class action lawsuit, Folweiler Chiropractic v.American Family Insurance Company, Case No. In a class action, a representative plaintiff sues on behalf of himself and all the other persons ('the class') who have a claim in respect of the same (or a similar) alleged wrong, and whose claims raise the same questions of law or fact. When a class action is filed, the financial and reputational stakes are high. The Commission believed that the introduction of a comprehensive regime for class action would enhance access to justice and would provide an efficient, well-defined and workable mechanism. The proposal was put forward after careful and thorough consideration of the responses to the Commission's consultation paper. The Law Reform Commission published a report on, proposing that a mechanism for class actions should be adopted in Hong Kong.