Aggregate Litigation: Class Actions, Multidistrict Litigation, and Other Aggregation Devices

Our treatment of aggregate litigation will necessarily be limited. Nevertheless, transnational lawyers should be aware of how aggregate litigation functions in the United States and the important consequences it can have for those subject to it. We limit ourselves to a quick overview of the rules and processes, followed by a look at how the aggregate litigation tools had important impacts on the Chinese Drywall Litigation. You should be aware of the different types of aggregate litigation we mention (including the different types of class actions and the requirements under Rule 23 for forming and certifying a class action).  You will notice that the WordCloud for this chapter is unusually sparse, and you should feel comfortable relying on that as setting boundaries on what you will be expected to know. Beyond that, you should be able going forward to take aggregate litigation into account as you give advice and counsel on the risks of being subject to U.S. jurisdiction.