NCJ Number
78859
Date Published
1980
Length
80 pages
Annotation
The application of various doctrines of civil procedure to class action litigation is discussed, with special attention to the application of class litigation to the Racketeer Influenced and Corrupt Organizations Act (RICO).
Abstract
Class actions save the time, effort, and expense of both parties to the suit and the courts by combining multiple lawsuits into one action. An equally important purpose is enabling the court to determine the rights of a class of numerous individuals by one final judgment. Class actions are also hailed as an incentive to small claimants to litigate claims that would otherwise be too small to be practical as individual suits. In providing enhanced sanctions and new remedies to deal with the activities of organized crime, RICO can be assumed to permit class action litigation. In addition to fulfilling the general purposes of class action litigation, RICO class actions should effectively deter criminal activity. In detailing the nature, advantages, and disadvantages of class action suits in general and as applied under RICO, the presentation begins with a discussion of the development of class action litigation under English Bills of Peace, American Equity Rules, original Rule 23, and modern Rule 23, followed by consideration of the jurisdictional requirements of modern class action litigation. The subject of proper parties in modern class action litigation is considered, and the requirements of modern Rule 23 are examined. Following a discussion of attorney's fees, specific advantages and disadvantages of RICO class actions are indicated. A total of 382 footnotes are listed. For additional material on RICO, see NCJ 78839.