Lapas attēli
PDF
ePub

CLASS ACTION JURISDICTION ACT

HEARINGS

BEFORE THE

SUBCOMMITTEE ON

IMPROVEMENTS IN JUDICIAL MACHINERY

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-FIRST CONGRESS

FIRST SESSION

ON

S. 1980

TO IMPROVE JUDICIAL MACHINERY BY PROVIDING FEDERAL JURISDICTION FOR CERTAIN TYPES OF CLASS ACTIONS, AND FOR OTHER PURPOSES

39-2810

JULY 28 AND 29, 1969

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1970

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

JOHN L. MCCLELLAN, Arkansas
SAM J. ERVIN, JR., North Carolina
THOMAS J. DODD, Connecticut
PHILIP A. HART, Michigan

EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana

QUENTIN N. BURDICK, North Dakota
JOSEPH D. TYDINGS, Maryland
ROBERT C. BYRD, West Virginia

ROMAN L. HRUSKA, Nebraska
HIRAM L. FONG, Hawaii
HUGH SCOTT, Pennsylvania
STROM THURMOND, South Carolina
MARLOW W. COOK, Kentucky
CHARLES MCC. MATHIAS, JR., Maryland
ROBERT P. GRIFFIN, Michigan

SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY
JOSEPH D. TYDINGS, Maryland, Chairman

JOHN L. MCCLELLAN, Arkansas
PHILIP A. HART, Michigan
SAM J. ERVIN, JR., North Carolina
ROBERT C. BYRD, West Virginia

ROMAN L. HRUSKA, Nebraska
HUGH SCOTT, Pennsylvania
ROBERT P. GRIFFIN, Michigan

M. ALBERT FIGINSKI, Chief Counsel
LEE M. MILLER, Deputy Counsel
GEORGE PENRY, Minority Counsel

(II)

[blocks in formation]
[ocr errors]

APPENDIXES

[merged small][merged small][merged small][ocr errors][merged small]

Black, Charles L., Jr., Luce professor of jurisprudence, Yale Law
School, to the chairman, dated May 12, 1969-

Black, Charles L., Jr., Luce professor of jurisprudence, Yale

Law School, to Congressman Bob Eckhardt, dated May

27, 1969

[blocks in formation]

Kripke, Homer, professor of law, New York University School
Law, to the chairman, dated July 11, 1969.
Lefkowitz, Hon. Louis J., attorney general, State of New
York, to the chairman, dated June 2, 1969__
Mishkin, Paul J., professor of law, University of Pennsylvania
Law School, to the chairman, dated July 18, 1969-
Voorhis, Jerry, president emeritus, Illinois Federation of
Consumers, to the chairman, dated June 23, 1969-----
Wright, Charles Alan, professor of law, University of Texas
School of Law, to the chairman, dated June 17, 1969_...

B. Resolutions:

Vestal, Allen D., Murray professor of law, College of Law,
University of Iowa, memorandum re. S. 1980_.
Vestal, Allen D., Murray professor of law, College of Law,
University of Iowa, memorandum re. H. R. 11656__

Appendix II-Cases:

Page

Spear v. H. V. Greene, 140 N.E. 795 (Mass. 1923).

Daar v. Yellow Cab Co., 433 P. 2d. 732, 63 Cal Rptr. 724 (1967) –
Eisen v. Carlisle, 391 F. 2d. 555 (2nd Cir. 1968).

Holstein v. Montgomery Ward, No. 68 CH 275 (Ill. Cir. Ct. 1968) -
Snyder v. Harris, 89 S. Ct. 1053 (1969),

Appendix III-Articles:

117

131

145

157

183

Cohn, The New Federal Rules of Civil Procedure, 54 Geo. L. J. 1204, 1213-1228 (1966) - - - - .

188

Dole, Consumer Class Actions Under the Uniform Deceptive Trade
Practices Act, 1968 Duke L. J. 1101.

197

Dole, Consumer Class Actions Under Recent Consumer Credit Legislation, 44 N.Y.U.L. Rev. 80 (1969)__

232

Frankel, Some Preliminary Observations Concerning Civil Rule 23, 43 F.R.D. 39 (1968).

Kaplan, Continuing Work of the Civil Committee: 1966 Amendments of the Federal Rules of Civil Procedure, 81 Harv. L. Rev. 356, 379-400, 414-16 (1967)

265

280

Rice, Consumer Transaction Problems 48 B. U. L. Rev. 559, 579-83 (1968).

309

Simeone, Class Suits under the Codes, 7 West. Res. L. R. 5 (1955).
Wheaton, Representative Suits Involving Numerous Ligitants, 19
Cornell L. Q. 399 (1954).

312

352

Appendix IV-Miscellaneous:

Editorial, Des Moines, Iowa Register, May 31, 1969.
Extract, Corporate Crime, Congressional Record, June 2, 1969.
Magnuson, The Dark Side of the Market Place, 59-87 (1968)_

395

395

408

National Institute for Education in Law and Poverty, Handbook on
Consumer Law, section 74 (1968)..

421

Report of the National Advisory Commission on Civil Disorders, 224 (New York Times Ed. 1968).

478

Text and memorandum on New York City Consumer Protection Act of 1969__

481

[blocks in formation]

SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY

OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10:05 a.m., in room 6226, New Senate Office Building, Senator Joseph D. Tydings (chairman of the subcommittee) presiding.

Present: Senators Tydings, and Thurmond.

Also present: M. Albert Figinski, chief counsel; Lee M. Miller, deputy counsel; George Penry, minority counsel, and F. Glen Smith, minority staff.

Senator TYDINGS. The subcommittee will come to order.

Today we begin hearings on S. 1980, the Class Action Jurisdiction Act. This act is designed to make consumer rights meaningful by providing a judicial forum in which they can be effectively protected. It is a commonplace observation that effective consumer remedies have not kept pace with the increasing recognition of consumer rights in this Nation. Despite the intensified campaign in recent years against those who defraud and deceive consumers, despite movements in many States to set up consumer councils, and despite the increasing awareness of consumer problems, the defrauded consumer has very little chance of actually obtaining satisfactory relief.

Neither administrative regulation nor individual private lawsuits adequately protect consumer rights. Administrative budgets and personnel are limited and, in some cases, the statutory structure or powers of an agency may actually inhibit its effectiveness.

Lawsuits are costly. In many instances the financial loss to a single consumer is not large enough to make individual litigation practicable. But while the cost of an individual suit may be prohibitive, many persons acting as a defrauded class could afford to enforce their individual rights. A consumer class action compensates for a single consumer's inability to litigate a small loss by enabling one or more representatives of a group of consumers with similar injuries to place the group injury in issue. The aggregate group claim is generally large enough to make it possible to obtain private counsel on reasonable

terms.

It is also worth noting that the mere existence of an effective class action remedy may serve to deter fraudulent conduct. The potential defendant is forced to consider not only the possible economic loss from a class action but also the visibility, publicity, and public reaction that could result.

« iepriekšējāTurpināt »