João Paulo Lordelo, ‘The Centrality of Class Certification Decisions in the American Class Actions System and Its Application as a Model to Other Jurisdictions’

ABSTRACT
The present article aims to analyze the relevance of the class certification decision in the experience of the American class actions, presenting this ruling as a model to other jurisdictions where forms of collective redress exist, such as Brazil, Spain, and England. For this purpose, the discipline and the content of this decision are explored, based on Federal Rule 23 and precedents of the US Supreme Court, in order to reveal its centrality within the scope of multi-party actions. Endmost, the conclusion is presented by the possibility of extracting from the American experience a fundamental content of the certification decision, equally applicable to other jurisdictions: the definition of the group (class definition), understood as a basic element for the filing of any kind of class action. This content of the decision can directly affect several other procedural issues, such as the adequacy of representation, proper notice, res judicata, participation, and settlements.

Lordelo, João Paulo, The Centrality of Class Certification Decisions in the American Class Actions System and Its Application as a Model to Other Jurisdictions (December 11, 2021).

First posted 2021-12-17 12:00:03

Leave a Reply