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25 - Class Actions and the Regulatory State

Lessons from Israel

from Part V - Middle East and Africa

Published online by Cambridge University Press:  29 January 2021

Brian T. Fitzpatrick
Affiliation:
Vanderbilt University School of Law
Randall S. Thomas
Affiliation:
Vanderbilt University School of Law
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Summary

Israel presents an illuminating case for the study of class actions. On its face, the Israeli class action is a story of success. The uptake of the class action mechanism to Israel is unprecedented: Israel has become the world leader in the number of per capita class actions just a few years after the introduction of the class action law. On the other hand, the wave of class litigation has also raised serious concerns. Unique to Israel is the complaint that cases have little quality – most class actions seem to generate little impact, and filings often target the nonenforcement of obsolete provisions, rather than tackling important legal and social problems. The procedural aspects of class actions are also insightful. A robust regulatory framework underlies many Israeli class actions, and accordingly the Israeli law developed distinct tools that facilitate the interaction between agencies and class litigation. The lessons from the Israeli case study can therefore be useful for policymakers who consider the implementation of the class action mechanism, particularly in heavily regulated jurisdictions.

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The Cambridge Handbook of Class Actions
An International Survey
, pp. 503 - 527
Publisher: Cambridge University Press
Print publication year: 2021

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