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John C. Coffee

The chapter examines the expansion of class action litigation in Europe and Asia, comparing the role of law, culture, and incentives in fostering entrepreneurial litigation similar to or different from the forms developed in the United States. This comparative analysis is especially important because the United States Supreme Court’s ruling in Morrison v. National Australia Bank Ltd. effectively limits the ability of shareholders to pursue certain claims within the United States, potentially prompting a renewed emphasis on the availability of representative litigation in other jurisdictions. This chapter begins with a presentation of the representative litigation models utilized in different jurisdictions. The chapter highlights some of the advantages and disadvantages of each model of collective litigation, ultimately finding strong evidence that “entrepreneurial” litigation has indeed begun to spread to other jurisdictions.