学生复印用沃尔玛集团诉讼案.docx

class action A class action, class suit, or representative action is a type of HYPERLINK /wiki/Lawsuit \o Lawsuit lawsuit where one of the parties is a group of people who are represented collectively by a member of that group. The class action originated in the United States and is still predominantly a U.S. phenomenon, but several European countries with HYPERLINK /wiki/Civil_law_(legal_system) \o Civil law (legal system) civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. Modern class actions in the United States 诉讼1: Federal courts In the United States federal courts, class actions are governed by HYPERLINK /wiki/Federal_Rules_of_Civil_Procedure \o Federal Rules of Civil Procedure Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A. §?1332(d). Cases in federal courts are only allowed to proceed as class actions if the court has jurisdiction to hear the case, and if the case meets the criteria set out in Rule 23. In the vast majority of federal class actions, the class is acting as the plaintiff. However, Rule 23 also provides for defendant class actions. Typically, federal courts are thought to be more favorable for defendants, and state courts more favorable for plaintiffs. Many class actions are filed initially in state court. The defendant will frequently try to HYPERLINK /wiki/Removal_jurisdiction \o Removal jurisdiction remove the case to federal court. The HYPERLINK /wiki/Class_Action_Fairness_Act_of_2005 \o Class Action Fairness Act of 2005 Class Action Fairness Act of 2005 increases defendants ability to remove state cases to federal court by giving federal courts original jurisdiction for all class actions with damages exceeding $5,000,000 exclusive of interest and costs. It should be noted, however, that the Class Action Fairness Act contains carve-outs for inter alia, shareholder class actions covered by the HYPERLINK /wiki/Private_Securities_Litigation_Reform_Act \o