Edited by Albert A. Foer and Randy M. Stutz
Chapter 4: Initiation of a Private Action
Michael D. Hausfeld 1 § 4.01 Introduction § 4.02 Considering alternatives to courts 4.02.1 Federal Trade Commission 4.02.2 Department of Justice 4.02.3 State regulators 4.02.4 Arbitration 4.02.5 Pre-litigation settlement § 4.03 Choosing between state and federal court 4.03.1 Federal court 4.03.2 State court § 4.04 Selecting a venue 4.04.1 Judicial Panel on Multidistrict Litigation 4.04.2 Considerations § 4.05 Suits by foreign plaintiffs 4.05.1 U.S. law claims and the FTAIA 4.05.2 Foreign law claims in U.S. courts § 4.06 Preparing and serving a complaint § 4.01 Introduction Although the initiation of a private claim in the United States appears relatively straightforward – a plaintiff prepares, files, and serves a complaint – this process actually involves a number of important choices on the part of a litigant: (1) Should the case be in court at all, or is some alternative forum preferable? This chapter discusses options such as complaining to the Federal Trade Commission or Department of Justice, pursuing arbitration, or attempting to negotiate a prelitigation settlement. If the dispute or claim is to be in court, should it be filed in state or federal court? This chapter provides an overview of why one or the other might be more appropriate. What venue should be selected? This chapter explores requirements for jurisdiction and venue, the role of the multidistrict litigation process, and considerations about when to invoke the process and what factors to emphasize. Are U.S. courts even available? This chapter examines limitations on the right of foreign plaintiffs to take advantage of the U.S. court system. (2) (3) (4) 1...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.