The dawning of the age of the litigation entrepreneur

Date

2009

Authors

Waye, V.C.
Morabito, V.

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Journal article

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Civil Justice Quarterly, 2009; 28(3):389-433

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Abstract

In the United States, claims aggregators have appeared as a new form of litigation entrepreneur. Claims aggregators collect claims from nominal claim holders then prosecute the claims in a single action. As such they constitute a potential form of competition for class action attorneys and litigation financiers as providers of access to justice. This article examines claims aggregation in three common law jurisdictions--England, Australia and the United States--and compares claims aggregation with another well established form of entrepreneurial litigation, the class action. Legal and financial impediments to the growth in claims aggregation are also considered.

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Copyright 2012 Sweet & Maxwell and its Contributors

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