Class Actions in the United States and Israel: A Comparative Approach
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Alon Klement
Abstract
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.
© 2018 by Theoretical Inquiries in Law
Articles in the same Issue
- Frontmatter
- Introduction
- Keynote Address
- The American Class Action: From Birth to Maturity
- Publicly Funded Objectors
- Tiered Certification
- Can and Should the New Third-Party Litigation Financing Come to Class Actions?
- The Global Class Action and Its Alternatives
- Class Actions in the United States and Israel: A Comparative Approach
- Regulation Through Litigation — Collective Redress in Need of a New Balance Between Individual Rights and Regulatory Objectives in Europe
- Towards Collaborative Governance of European Remedial and Procedural Law?
- Class Action Value
- When Pragmatism Leads to Unintended Consequences: A Critique of Australia’s Unique Closed Class Regime
- Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China
- The Regime Politics Origins of Class Action Regulation
Articles in the same Issue
- Frontmatter
- Introduction
- Keynote Address
- The American Class Action: From Birth to Maturity
- Publicly Funded Objectors
- Tiered Certification
- Can and Should the New Third-Party Litigation Financing Come to Class Actions?
- The Global Class Action and Its Alternatives
- Class Actions in the United States and Israel: A Comparative Approach
- Regulation Through Litigation — Collective Redress in Need of a New Balance Between Individual Rights and Regulatory Objectives in Europe
- Towards Collaborative Governance of European Remedial and Procedural Law?
- Class Action Value
- When Pragmatism Leads to Unintended Consequences: A Critique of Australia’s Unique Closed Class Regime
- Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China
- The Regime Politics Origins of Class Action Regulation
