Saturday, November 17, 2007
Not quite mass tort scholarship, but perhaps heralding the precursor to mass tort litigation in the EU, is an article recently posted on SSRN by Christina Poncibo (European University Institute) entitled Regulation and Private Litigation: A Debate Over the European Perspective. Here is a portion of the abstract:
The aim of this paper is to present and to discuss the interaction of regulation and private litigation in the European-single-market. The arguments ground both on the regulatory failures and on the fact that shareholders and consumers' actions are mushrooming in the Member States and various nations, including the Netherlands and the United Kingdom, have enacted or are enacting laws allowing aggregation methods to make mass litigation more efficient. The trend toward mass lawsuits, combined with emerging consumer friendly substantive laws and the availability of U.S.-style practices, will probably create a new litigation landscape in Europe over the next few years.