Part III Reception of Foreign Collective Redress and Punitive Damages Decision in National Jurisdictions, 15 Foreign Punitive Damages Decisions and Class Actions in Italy »
Francesco QuartaFrom: Extraterritoriality and Collective Redress
Edited By: Duncan Fairgrieve, Eva Lein
15.01 Within the United States, the district courts’ obligations at the certification stage of a class action are fuelled by a good dose of legal pragmatism. A well-established principle in civil procedure invites these courts in diversity jurisdiction—at the certification stage of any transnational class action—to verify whether there exists a possibility that any final judgment rendered will not be recognized or enforced in a class member’s jurisdiction of origin, or in the country where most or all of the defendant’s assets are located.1 If, on the basis of...