Class Actions in the United States and Israel: A Comparative Approach

Unlike most countries, the United States and Israel have employed the class action procedure for decades. This Article compares the two countries’ class action regimes and examines how the device has evolved in those countries. It examines the current procedures, as well as proposed reforms. It also...

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Bibliographic Details
Published in:Theoretical inquiries in law 2018-02, Vol.19 (1), p.151-202
Main Authors: Klement, Alon, Klonoff, Robert
Format: Article
Language:English
Subjects:
Class action lawsuits
Comparative studies
Settlements & damages
State court decisions
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Summary:Unlike most countries, the United States and Israel have employed the class action procedure for decades. This Article compares the two countries’ class action regimes and examines how the device has evolved in those countries. It examines the current procedures, as well as proposed reforms. It also compares class action statistics in the two countries relating to filings and outcomes. We demonstrate the many common features between the United States and Israeli class action procedures. As we illustrate, these common features have led to robust class action practices in both countries. At the same time, there are profound differences between the types of class actions filed and their outcomes. Thus, while Israel has many more class actions than the United States on a per capita basis, the cases are much less consequential from a monetary and subject matter perspective. We explore possible explanations for these observations. Furthermore, this study identifies features — utilized by the United States and Israel — that can serve as models for other countries that are adopting or amending their own class action regimes.
ISSN:1565-1509
1565-3404
DOI:10.1515/til-2018-0006