US Class Actions with Non-US Citizens as Class Members: Fairness Issues Considered by Daniel P Shapiro and Gail H Kim*

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As international commerce expands, citizens of other countries will participate increasingly in U.S.-based commerce and, as a result, will be exposed to the U.S. system of justice and dispute resolution, including class action lawsuits. This raises numerous questions for courts, including how to deal with defendants in a class action where non-U.S. class members may have the opportunity to bring a second, subsequent lawsuit against the same defendants in the plaintiffs’ home country. Courts should keep in mind fundamental protections that ensure fairness for defendants in class litigation. This article discusses the current approach and potential solutions and alternatives that may manage the risk of unfair, redundant litigation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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