Misplaced Pages

#147852

132-452: While Concentra is currently the product of a number of mergers, the original company was OccuSystems Inc., founded in Amarillo, Texas by Dr. Richard Rhem in 1979. After completing his residency and moving to Buffalo, Wyoming to practice family medicine for three years, he opened a practice in the underserved Amarillo, which he thought presented an opportunity. According to Rehm, he adopted

264-473: A skatepark west of the city. Amarillo's largest parks are Medical Park, Thompson Memorial Park, and Memorial Park, near Amarillo College's Washington Street Campus. From 1978 to 2002, the Junior League of Amarillo and the city of Amarillo's Parks and Recreation Department co-sponsored Funfest, a family entertainment festival, benefiting the city parks and the league's Community Chest Trust Fund. Funfest

396-434: A bill review company. The acquisition of First Notice Systems was important for the business because making sure that injuries were reported with 24 hours reduced medical costs and got workers back to work more quickly. The company agreed to be taken private again in 1999 by Welsh, Carson, Anderson & Stowe , who owned the company through the purpose-made entity Yankee Acquisition Corporation. Having continued expansion, by

528-575: A city sales tax, and it provides aggressive incentive packages to existing and prospective employers. In the mid-to-late 1990s, the AEDC gained notoriety by sending mock checks to businesses across the country, placing full-page advertisements in The Wall Street Journal , and paying an annual $ 1 million subsidy to American Airlines to retain jet service. The AEDC is largely responsible for bringing Bell Helicopter Textron's development of

660-419: A class action ensures that all plaintiffs receive relief and that early-filing plaintiffs do not raid the fund (i.e., the defendant ) of all its assets before other plaintiffs may be compensated. See Ortiz v. Fibreboard Corp. , 527 U.S. 815 (1999). A class action in such a situation centralizes all claims into one venue where a court can equitably divide the assets amongst all the plaintiffs if they win

792-623: A class action may avoid the necessity of repeating "days of the same witnesses , exhibits and issues from trial to trial". Jenkins v. Raymark Indus. Inc. , 782 F.2d 468, 473 (5th Cir. 1986) (granting certification of a class action involving asbestos ). Second, a class action may overcome "the problem that small recoveries do not provide the incentive for any individual to bring a solo action prosecuting his or her rights". Amchem Prods., Inc. v. Windsor , 521 U.S. 591, 617 (1997) (quoting Mace v. Van Ru Credit Corp. , 109 F.3d 388, 344 (7th Cir. 1997)). "A class action solves this problem by aggregating

924-634: A class of which the defendant is a member. Landeros v. Flood (1976) was a landmark case decided by the California Supreme Court that aimed at purposefully changing the behavior of doctors, encouraging them to report suspected child abuse. Otherwise, they would face the threat of civil action for damages in tort proximately flowing from the failure to report the suspected injuries. Previously, many physicians had remained reluctant to report cases of apparent child abuse, despite existing law that required it. Fourth, in "limited fund" cases,

1056-399: A class settlement. The ruling was a response to an objector who claimed Rule 23 required that the fee petition be filed before the time frame for class member objections to be filed; and payments to the class representative violates doctrine from two US Supreme Court cases from the 1800s. As of 2010, there was no publicly maintained list of nonsecurities class-action settlements, although

1188-413: A collision course with Amarillo. The tornado, shortly after 8 pm, ripped through Amarillo's most densely populated areas, demolishing almost half of the city, causing catastrophic damage and loss of life. In 1951, the army air base was reactivated as Amarillo Air Force Base and expanded to accommodate a Strategic Air Command B-52 Stratofortress wing. The arrival of servicemen and their families ended

1320-440: A company could effectively supplement direct government regulation of securities markets and other similar markets. The second development was the rise of the civil rights movement , environmentalism and consumerism . The groups behind these movements, as well as many others in the 1960s, 1970s and 1980s, all turned to class actions as a means for achieving their goals. For example, a 1978 environmental law treatise reprinted

1452-519: A company specializing in the funding and management of litigation in Australia and New Zealand. It was the biggest class-action suit in New Zealand history. The Austrian Code of Civil Procedure ( Zivilprozessordnung  – ZPO) does not provide for a special proceeding for complex class-action litigation. However, Austrian consumer organizations ( Verein für Konsumenteninformation (VKI) and

SECTION 10

#1732782321148

1584-457: A consolidated mass action against the pharmaceutical giant in the State of California. This opinion may arguably render nationwide mass action and class action impossible in any single state besides the defendant's home state. In 2020, the 11th Circuit Court of Appeals found incentive awards are impermissible. Incentive awards are a relatively modest payment made to class representatives as part of

1716-833: A contract or its clauses may be revoked. In two major 21st-century cases, the Supreme Court ruled 5–4 against certification of class actions due to differences in each individual members' circumstances: first in Wal-Mart v. Dukes (2011) and later in Comcast Corp. v. Behrend (2013). Companies may insert the phrase "may elect to resolve any claim by individual arbitration" into their consumer and employment contracts to use arbitration and prevent class-action lawsuits. Rejecting arguments that they violated employees' rights to collective bargaining, and that modestly-valued consumer claims would be more efficiently litigated within

1848-525: A coupon for future services or products with the defendant company) are a way for a defendant to forestall major liability by precluding many people from litigating their claims separately, to recover reasonable compensation for the damages. However, existing law requires judicial approval of all class-action settlements, and in most cases, class members are given a chance to opt out of class settlement, though class members, despite opt-out notices, may be unaware of their right to opt-out because they did not receive

1980-738: A group basis. Supporters (mostly pro-business) of the high court's ruling argue its holding is consistent with private contract principles. Many of those supporters had long-since argued that class action procedures were generally inconsistent with due process mandates and unnecessarily promoted litigation of otherwise small claims—thus heralding the ruling's anti-litigation effect. In 2017, the US Supreme Court issued its opinion in Bristol-Meyer Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), holding that over five hundred plaintiffs from other states cannot bring

2112-737: A horse statue and a local artist paints on it. Two of the Amarillo area's higher education institutions have at least one museum in their campuses. The Amarillo Art Center [1] , opened in 1972, is a building complex with the Amarillo Museum of Art (AMoA) and concert hall located on the Washington Street Campus of Amarillo College. Located on the campus of West Texas A&M University, the Panhandle-Plains Historical Museum claims to be

2244-625: A joint venture between Select Medical Holdings Corporation (Select Medical) and Welsh, Carson, Anderson & Stowe, a private equity fund, for approximately $ 1.06 billion in cash. The deal called for Select Medical to own 50.1% of the stock, while Welsh, Carson, Anderson & Stowe would own 49.9%. In February 2018, Concentra combined with U.S. HealthWorks in a transaction between Select Medical and Dignity Health . In December 2023, Select Medical announced an intent to spin off Concentra, and in June 2024, Concentra filed an initial public offering under

2376-554: A large number of plaintiffs, independent of class action procedures. For instance, under Ontario's Condominium Act, a condominium 's governing corporation may launch a lawsuit on behalf of the owners for damage to the condominium's common elements, even though the corporation does not own the common elements. The largest class action suit in Canada was settled in 2005 after Nora Bernard initiated efforts that led to an estimated 79,000 survivors of Canada's residential school system suing

2508-552: A local rule of court. The Federal Court of Canada permits class actions under Part V.1 of the Federal Courts Rules. Legislation in Saskatchewan , Manitoba , Ontario , and Nova Scotia expressly or by judicial opinion has been read to allow for what are informally known as national "opt-out" class actions, whereby residents of other provinces may be included in the class definition and potentially be bound by

2640-509: A majority of Concentra's equity since 1999. Humana made this acquisition as part of an attempt to expand into primary care practices and medical services organizations. According to Humana, in the years preceding 2015 it chose to focus more on primary care than on Concentra's work on occupational injuries. In a press release, Humana stated that "Concentra's operations did not ultimately align with Humana's strategy as well as we had originally anticipated." In June 2015 Humana sold Concentra shares to

2772-403: A median household income of $ 52,941 and per capita income at $ 28,274. An estimated 15.4% of the population lived at or below the poverty line . In 2020, there were 78,706 occupied households, out of which 26,945 were married couples living together, 4,327 had a female householder with no spouse present, and 1,858 were male householder, no spouse present. The age distribution of the city in 2020

SECTION 20

#1732782321148

2904-423: A multitude of persons may sue on behalf of, or for the benefit of, all persons "with the same interest in the subject matter of a proceeding". The presence and expansion of litigation funders have been playing a significant role in the emergence of class actions in New Zealand. For example, the "Fair Play on Fees" proceedings in relation to penalty fees charged by banks were funded by Litigation Lending Services (LLS),

3036-519: A parallel class action for residents of other provinces. The first court to certify will generally exclude residents of provinces whose courts have certified a parallel class action. However, in the Vioxx litigation, two provincial courts certified overlapping class actions whereby Canadian residents were class members in two class actions in two provinces. Both decisions are under appeal. Other legislation may provide for representative actions on behalf of

3168-410: A philosophy of rather than "trying to maximize the dollar volume per patient," instead "trying to minimize the dollar volume per patient." This benefited employers, who got employees back to work quickly, and allowed him to profit by taking a large caseload. The early company got beneficial exposure from an association with a television health program syndicated on ABC in several states. By 1990, after

3300-410: A public company may have losses too small to justify separate lawsuits, but a class action can be brought efficiently on behalf of all shareholders. Perhaps even more important than compensation is that class treatment of claims may be the only way to impose the costs of wrongdoing on the wrongdoer, thus deterring future wrongdoing. Third, class-action cases may be brought to purposely change behavior of

3432-553: A securities class-action database exists in the Stanford Law School Securities Class Action Clearinghouse and several for-profit companies maintain lists of the securities settlements. One study of federal settlements required the researcher to manually search databases of lawsuits for the relevant records, although state class actions were not included due to the difficulty in gathering the information. Another source of data

3564-619: A series of new clinics and acquisitions, the company operated four clinics, and Rhem decided to try to expand out of a fear of being overrun by larger, consolidating companies. Rehm hired a CEO, who acquired $ 35 million in seed money from venture capitalists Welsh, Carson, Anderson & Stowe and the Sprout Group , and the company began to buy up other clinics. By 1992, only two years later, it owned about 50 in seven states. The company continued expanding and acquiring investments, and by 1997 operated about 110 centers in 16 states. In 1997,

3696-406: A series of sale deals in 2006 and 2007, Concentra restricted its focus on occupational health, medical center growth, and wellness and preventive care. The firm began an urgent care program in 2007. In December 2010, Humana announced its acquisition of Concentra for approximately $ 790 million. Welsh, Carson, Anderson & Stowe , a New York City –based private equity firm, had previously owned

3828-526: A significant reduction of overall costs. The Austrian Supreme Court , in a judgment, confirmed the legal admissibility of these lawsuits under the condition that all claims are essentially based on the same grounds. The Austrian Parliament unanimously requested the Austrian Federal Minister for Justice to examine the possibility of new legislation providing for a cost-effective and appropriate way to deal with mass claims. Together with

3960-506: A single proceeding through the efforts of the representative plaintiff(s) and appointed class counsel. The antecedent of the class action was what modern observers call "group litigation," which appears to have been quite common in medieval England from about 1200 onward. These lawsuits involved groups of people either suing or being sued in actions at common law . These groups were usually based on existing societal structures like villages, towns, parishes, and guilds. Unlike modern courts,

4092-600: A site for a town after he chose a well-watered section along the right-of-way of the Fort Worth and Denver City Railroad, which had begun building across the Texas Panhandle. Berry and Colorado City, Texas , merchants wanted to make their new town site the region's main trading center. On August 30, 1887, Berry's town site won the county seat election and was established in Potter County. Availability of

Concentra - Misplaced Pages Continue

4224-410: A typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, in which the plaintiffs sue one or more defendants, and all of the parties are present in court. For example, a group in a class action lawsuit could be any person who ever bought a specific dangerous product; in a traditional lawsuit,

4356-441: A way to uniformly settle all of the many claims brought via a mass action. Some states permit plaintiff's counsel to settle for all the mass action plaintiffs according to a majority vote, for example. Other states, such as New Jersey, require each plaintiff to approve the settlement of that plaintiff's own individual claims. Class actions were recognized in "Halabi" leading case ( Supreme Court , 2009). Class actions became part of

4488-474: Is Caprock Canyons State Park and Trailway , the state park is the home of the official Texas State Bison Herd, who were captured and taken care of by cattle rancher Charles Goodnight. Local millionaire Stanley Marsh 3 funded many public art projects in the city including the Cadillac Ranch , located west of Amarillo on Interstate 40 , a monument of painted Cadillac automobiles that were dug into

4620-465: Is US Bureau of Justice Statistics Civil Justice Survey of State Courts , which offers statistics for the year 2005. Proponents of class actions state that they offer a number of advantages because they aggregate many individualized claims into one representational lawsuit . First, aggregation can increase the efficiency of the legal process, and lower the costs of litigation. In cases with common questions of law and fact, aggregation of claims into

4752-755: Is Amarillo's only local museum to exclusively feature local history. Other notable museums in the area are the Kwahadi Kiva Indian Museum and the English Field Air & Space Museum . The Kwahadi Kiva Indian Museum features a collection of Native American artifacts and provides dance performances. The English Field Air & Space Museum, which had been operated by the Texas Aviation Historical Society featuring aircraft and space exhibits, in 2007 closed its doors and lost many of its aircraft. The museum

4884-441: Is attributable to the award of the coupons shall be based on the value to class members of the coupons that are redeemed". 28 U.S.C.A. 1712(a). A common critique is that class actions are a form of judicially sanctioned extortion . The extortion thesis was first articulated by law professor Milton Handler , who published a famous law review article in 1971 calling the class action a form of "legalized blackmail". It has garnered

5016-401: Is available against defendant classes at all. In a class action, the plaintiff seeks court approval to litigate on behalf of a group of similarly situated persons. Not every plaintiff looks for or could obtain such approval. As a procedural alternative, plaintiff's counsel may attempt to sign up every similarly situated person that counsel can find as a client. Plaintiff's counsel can then join

5148-499: Is found liable, and the declaratory judgment can be used then to pursue damages in the same procedure or in individual ones in different jurisdictions. If the latter is the case, the liability cannot be discussed, but only the damages. There under the Chilean procedural rules, one particular case works as an opt-out class action for damages. This is the case when defendants can identify and compensate consumers directly, i.e. because it

5280-584: Is located a 5-hour plus drive in Denton, TX despite there being a UU congregation in Amarillo it does not host a CUUPs chapter. Amarillo is considered the regional economic center for the Texas Panhandle, as well as Eastern New Mexico and the Oklahoma Panhandle. The meat packing industry is a major employer in Amarillo; about one-quarter of the United States' beef supply is processed in

5412-620: Is located near the middle of the Texas Panhandle . It does not share similar weather characteristics with south and east Texas . It is situated in the grasslands of the Texas Panhandle, and is surrounded by dense prairie. Amarillo is infamous for its unpredictable weather patterns, with massive temperature changes on a daily basis, raging winds, devastating hailstorms and "northers", long periods of drought, late frosts, spring tornadoes, dust-storms, and floods. Though urbanization, agricultural farming, and construction have taken place over

Concentra - Misplaced Pages Continue

5544-441: Is no stranger to devastating tornadoes. Tornadoes have occurred in and around the city in 1968, 1970, 1982, 1986, 2001, 2007, and most recently in 2013, 2015 and 2016. The strongest tornado to ever hit Amarillo was a deadly F4 tornado that struck the city in the night time hours of May 15, 1949. Amarillo suffered a direct hit, causing catastrophic damage and loss of life in Amarillo's most densely populated areas. The tornado devastated

5676-421: Is now rebuilding its aircraft collection as Texas Air & Space Museum and is located on American Drive on the south side of the airport. Most of Amarillo's population growth and commercial development are occurring in the southern and northwestern parts of the city. Similar to many towns in the Texas Panhandle, the city's downtown has suffered economic deterioration throughout the years. To help revitalize it,

5808-627: Is stored in the Bush Dome Reservoir at the Cliffside facility. Following the lead of the Fort Worth and Denver City Railroad, the Atchison, Topeka and Santa Fe Railway and Chicago, Rock Island and Pacific Railroad established services to and from Amarillo. Each of these three carriers maintained substantial freight and passenger depots and repair facilities in the city through most of the 20th century and were major employers within

5940-941: Is the Canadian River , which divides the Western High Plains ecological region. The southern divide of the Western High Plains is the Llano Estacado or Staked Plains geographical region. The river is dammed to form Lake Meredith , a major source of drinking water in the Texas Panhandle region. The city is situated near the Panhandle Field, in a productive gas and oil area, covering 200,000 acres (81,000 ha) in Hartley , Potter, Moore , Hutchinson , Carson, Gray , Wheeler , and Collingsworth Counties. The Potter County portion had

6072-468: Is the Spanish word for the color yellow). Early residents originally pronounced the city's name more similar to the Spanish pronunciation / ˌ ɑː m ə ˈ r iː j oʊ / ah-mə- REE -yoh , which was later displaced by the current pronunciation. On June 19, 1888, Henry B. Sanborn , who is given credit as the "Father of Amarillo", and his business partner Joseph F. Glidden began buying land to

6204-400: The 2000 U.S. census . In 2020, there were 76,778 households with an average of 2.57 people per household. Of the households, 60.8% lived in owner-occupied housing units and the median value of an owner-occupied housing unit was $ 140,030. The median homeowner costs with a mortgage were $ 1,272 and without a mortgage $ 479. Amarillo had a median gross rent of $ 876 from 2016 to 2020. Amarillo had

6336-481: The Amarillo Botanical Gardens has gardens, indoor exhibits, and a library for visitation throughout the year. The Texas Pharmacy Museum claims to be the only Texas museum specialized in the research, collection, preservation, and exhibition of the history of pharmacy, is also located in the city's hospital district. Founded in 2013, by businessman Tom Warren, The Amarillo Historical Museum

6468-699: The American Quarter Horse breed. The organization is headquartered in Amarillo and has a museum. There is also an American Quarter Horse Hall of Fame exhibited in the museum. In addition, the AQHA and Center City of Amarillo co-sponsors the project, "Hoof Prints of the American Quarter Horse" which consist of horse statues located in front of several Amarillo businesses, such as the downtown Amarillo National building, Nationwide Insurance, and Edward Jones. An area business would purchase

6600-760: The Austrian Ministry for Social Security, Generations and Consumer Protection , the Justice Ministry opened the discussion with a conference held in Vienna in June 2005. With the aid of a group of experts from many fields, the Justice Ministry began drafting the new law in September 2005. With the individual positions varying greatly, a political consensus could not be reached. Provincial laws in Canada allow class actions. All provinces permit plaintiff classes and some permit defendant classes. Quebec

6732-454: The Canadian government . The settlement amounted to upwards of $ 5 billion. Chile approved class actions in 2004. The Chilean model is technically an opt-out issue class action, followed by a compensatory stage which can be collective or individual. This means that the class action is designed to declare the defendant generally liable with erga omnes effects if and only if the defendant

SECTION 50

#1732782321148

6864-590: The Class Action Fairness Act of 2005 , passed by the United States Congress, found: Class-action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm. There are several criticisms of class actions. The preamble to

6996-805: The Dory Funk wrestling family, former UFC Champions Heath Herring and Evan Tanner , astronaut Rick Husband , professional golfer Ryan Palmer, rockabilly pioneer Buddy Knox , actress Carolyn Jones , actress and dancer Cyd Charisse , actor and poet Harry Northup , State Senator Max Sherman , Republican state chairman Tom Mechler , politicians Beau Boulter and John Marvin Jones , businessman T. Boone Pickens, Jr. , singer-songwriter JD Souther , gambler Thomas " Amarillo Slim " Preston, soldier and interior decorator Clyde Kenneth Harris , and music artist and composer Terry Stafford ("Amarillo by Morning"; "Suspicion"). Singer Lacey Brown of Amarillo advanced to

7128-567: The Federal Rules of Civil Procedure . A major revision of the FRCP in 1966 radically transformed Rule 23, made the opt-out class action the standard option, and gave birth to the modern class action. Entire treatises have been written since to summarize the huge mass of law that sprang up from the 1966 revision of Rule 23. Just as medieval group litigation bound all members of the group regardless of whether they all actually appeared in court,

7260-573: The National Register of Historic Places reflect the economic growth from around 1900 to the start of World War II. Polk Street contains many of the city's historic downtown buildings and homes. The large historic homes on this street were built close to downtown, and homes were located on the west side of the street as a symbol of status because they would be greeted with the sunrise every morning. The city of Amarillo's Parks and Recreation Department operates over 50 municipal parks, including

7392-575: The Working Ranch Cowboys Association is held every November in the Amarillo Civic Center . The Amarillo Livestock Auction on Bull Road holds a free-to-the-public cattle auction on Tuesdays. Now located on Interstate 40, The Big Texan Steak Ranch is famous by offering visitors a free 72  ounce (2 kg) beef steak if it (and its accompanying dinner) is eaten in under an hour. Globe-News Center for

7524-632: The cowboy and Texas culture. During the third week of September, the Tri-State Fair & Rodeo brings participants mostly from Oklahoma, New Mexico and Texas to Amarillo since 1921. On the Tri-State Exposition grounds, the Amarillo National Center is a special events center for events ranging from national equestrian competitions to motor sports and rodeos . The World Championship Ranch Rodeo sponsored by

7656-480: The entire text of Rule 23 and mentioned "class actions" 14 times in its index. Businesses targeted by class actions for inflicting massive aggregate harm have sought ways to avoid class actions altogether. In the 1990s, the US Supreme Court issued several decisions that strengthened the "federal policy favoring arbitration ". In response, lawyers have added provisions to consumer contracts of adhesion called "collective action waivers", which prohibit those signing

7788-432: The railroad and freight service after the county seat election made the town a fast-growing cattle -marketing center. The settlement originally was called Oneida; it later changed its name to Amarillo, which probably derived from yellow wildflowers that were plentiful during the spring and summer or the nearby Amarillo Lake and Amarillo Creek , named in turn for the yellow soil along their banks and shores ( Amarillo

7920-685: The 77.83%, 74.53% identify as Christian. Baptists made up 40.2% of the Christian population and Catholics were 13.3% of the local population. Methodists and Pentecostals were the next largest Christian groups, followed by Presbyterians , Mormons , Episcopalians or Anglicans , and Lutherans . Approximately 8.1% of the population were of another Christian faith. In 2021, about 0.1% of Amarillo's residents identified with Judaism and 2.1% were Muslim. An estimated 1.1% followed an Eastern religion such as Buddhism or Hinduism . The closest Covenant of Unitarian Universalist Pagan meeting officially advertised

8052-548: The Amarillo Chamber of Commerce announced a new initiative to help local businesses rebound from the pandemic. Its tourism industry also rebounded. Amarillo has a number of natural attractions near the city. The Palo Duro Canyon State Park is the United States' second largest canyon system, after the Grand Canyon and is located south of Amarillo. The canyon is a prominent mountain biking destination and hosts

SECTION 60

#1732782321148

8184-575: The Amarillo National Bank Plaza One building houses the headquarters of Amarillo National Bank , the city's largest financial institution. The Santa Fe Building , completed in 1930, was the regional offices of the Atchison, Topeka and Santa Fe Railway, but was vacant for several years until Potter County bought the building for $ 426,000 in 1995 to gain new office spaces. Amarillo's historic homes and buildings listed on

8316-696: The Amarillo's public schools, Amarillo College, Canyon Area Library, Lovett Memorial Library in Pampa, Texas , and Hutchinson County Library in Borger, Texas . The Amarillo Public Library's main branch is located in downtown and operates four neighborhood branches. Wonderland Amusement Park is located in northern Amarillo at Thompson Park, named for Ernest Thompson. The park also houses the Amarillo zoo and offers picnicking . Amarillo residents are known as Amarilloans . Notable Amarilloans include actress Ann Doran (1911–2000), old-style journalist Bascom N. Timmons ,

8448-539: The Archdiocese's churches were cited as a defendant class. This was done to include their assets (local churches) in any settlement. Where both the plaintiffs and the defendants have been organized into court-approved classes, the action is called a bilateral class action. In the United States, only a few hundred defendant class actions have been filed (mostly in securities cases and constitutional challenges), and circuit courts are split as to whether injunctive relief

8580-727: The Australian legal landscape only when the Federal Parliament amended the Federal Court of Australia Act in 1992 to introduce "representative proceedings", the equivalent of the American "class actions". Likewise, class actions appeared slowly in the New Zealand legal system. However, a group can bring litigation through the action of a representative under the High Court Rules which provide that one or

8712-619: The Class Action Fairness Act stated that some abusive class actions have harmed class members possessing legitimate claims and defendants acting responsibly; have adversely affected interstate commerce; and have undermined public respect for the country's judicial system. Class members often receive little or no benefit from class actions. Examples cited for this include large fees for the attorneys, while leaving class members with coupons or other awards of little or no value; unjustified awards are made to certain plaintiffs at

8844-477: The Federal Chamber of Labour / Bundesarbeitskammer ) have brought claims on behalf of hundreds or even thousands of consumers. In these cases, the individual consumers assigned their claims to one entity, who has then brought an ordinary (two-party) lawsuit over the assigned claims. The monetary benefits were redistributed among the class. This technique, labeled as "class action Austrian style," allows for

8976-531: The Mainstage and the Adventure Space, are located west of Amarillo's downtown. The Pioneer Amphitheater , located in nearby Palo Duro Canyon, is the setting for the outdoor musical drama Texas, which plays nightly during the summer. The musical depicts a story about the history of Texas Panhandle settlers throughout the years. In 2002, the producers changed its name to Texas Legacies after retiring

9108-670: The Performing Arts , opened in 2006, houses the Amarillo Opera, Amarillo Symphony, and Lone Star Ballet concerts. The facility, located just across the Amarillo Civic Center, features a 1,300-seat auditorium. The Globe-News Center was built in hope by city officials and others that it will revitalize the downtown area. The nonprofit community theater group, Amarillo Little Theatre, has its season run from September to May. The theater group's two facilities,

9240-447: The Spanish word for yellow), "Yellow City" for its name, and "Rotor City, USA" for its V-22 Osprey hybrid aircraft assembly plant. Amarillo operates one of the largest meat-packing areas in the United States. Pantex , the only nuclear weapons assembly and disassembly facility in the country, is also a major employer. The location of this facility also gave rise to the nickname "Bomb City". During April 1887, J. I. Berry established

9372-476: The United States thanks to the influence of Supreme Court Associate Justice Joseph Story , who imported it into US law through summary discussions in his two equity treatises as well as his opinion in West v. Randall (1820). However, Story did not necessarily endorse class actions, because he "could not conceive of a modern function or a coherent theory for representative litigation." The oldest predecessor to

9504-573: The V-22 Osprey hybrid aircraft and the future site of Marine One assembly in Amarillo. From 2020 to 2021, Amarillo experienced its greatest amount of economic development in 30 years. Amazon , Asset Protection Unit, and Texas Tech University Vet School were named some major organizations contributing to the city and metropolitan area's economic growth. Through the COVID-19 pandemic in Texas ,

9636-427: The [said] losses." The terms of the settlement, according to CSMS, "provide very little relief to aggrieved physicians" and would require them to "give up virtually all legal claims they may have" that are tangentially related to the claims in this suit. CSMS recommended that doctors who were substantially aggrieved consider opting out of the class action lawsuit to retain the option of pursuing an individual claim against

9768-483: The adverse interests of the plaintiffs and the defendants in the suit properly before it. But in such cases, the decree shall be without prejudice to the rights and claims of all the absent parties. This allowed for representative suits in situations where there were too many individual parties (which now forms the first requirement for class-action litigation – numerosity). However, this rule did not allow such suits to bind similarly situated absent parties, which rendered

9900-594: The annual 50-mile Palo Duro Canyon Trail Run. Palo Duro has a distinct hoodoo that resembles a lighthouse. Another natural landmark near the city, the Alibates Flint Quarries National Monument is located 30 miles (48 km) north of Amarillo. It is once known as the site for prehistoric inhabitants to obtain flint in order to make tools and weapons. About 100 miles (160 km) southeast of Amarillo in Briscoe County

10032-507: The area. The city is also the location of headquarters for the Texas Cattle Feeders Association. Petroleum extraction is also a major industry. The helium industry has decreased in significance since the federal government privatized local operations in the late 1990s. Bell Helicopter Textron opened a helicopter assembly plant near the city's international airport in 1999. The city's largest employer in 2005

10164-498: The case. Finally, a class action avoids the situation where different court rulings could create "incompatible standards" of conduct for the defendant to follow. See Fed. R. Civ. P. 23(b)(1)(A). For example, a court might certify a case for class treatment where a number of individual bond-holders sue to determine whether they may convert their bonds to common stock . Refusing to litigate the case in one trial could result in different outcomes and inconsistent standards of conduct for

10296-601: The city and most of the county as a whole lie in USDA Plant Hardiness Zone 7a. Amarillo is characterized by a winter season featuring large diurnal temperature variation , great day-to-day variability, possible sudden and/or severe Arctic air outbreaks (in Texas, called "blue northers"), possible blizzards and hot summers with generally low humidity. The average annual precipitation is 20.4 inches or 520 millimeters. Much of Amarillo's precipitation falls during heavy convective showers and thunderstorms during

10428-454: The city with corn , wheat , and cotton as the primary crops. Other crops in the area include sorghum , silage , hay , and soybeans . The Texas Panhandle, particularly in Hereford, Texas , serves as a fast-growing milk producing area as several multimillion-dollar state of the art dairies were built in the early 2000s. The Amarillo Economic Development Corporation (AEDC) is funded by

10560-613: The city's depression. Between 1950 and 1960, Amarillo's population grew from 74,443 to 137,969. However, the closure of Amarillo Air Force Base on December 31, 1968, contributed to a decrease in population to 127,010 by 1970. In 1970, the U.S. Census Bureau reported Amarillo's population as 6.1% Hispanic and 88.5% non-Hispanic white. In the 1980s, ASARCO , Iowa Beef Processors (present day Tyson Foods ), Owens-Corning , and Weyerhaeuser built plants at Amarillo. The Eastridge neighborhood houses many immigrants from countries such as Vietnam , Laos , and Burma . Many of them found employment at

10692-514: The claims of all of these persons in one complaint, a so-called "mass action", hoping to have the same efficiencies and economic leverage as if a class had been certified. Because mass actions operate outside the detailed procedures laid out for class actions, they can pose special difficulties for both plaintiffs, defendants, and the court. For example, settlement of class actions follows a predictable path of negotiation with class counsel and representatives, court scrutiny, and notice. There may not be

10824-399: The class but may be treated the same. Proposed settlements could offer some groups (such as former customers) much greater benefits than others. In one paper presented at an ABA conference on class actions in 2007, authors commented that "competing cases can also provide opportunities for collusive settlement discussions and reverse auctions by defendants anxious to resolve their new exposure at

10956-512: The class-action rule in the United States was in the Federal Equity Rules , specifically Equity Rule 48, promulgated in 1842. Where the parties on either side are very numerous, and cannot, without manifest inconvenience and oppressive delays in the suit, be all brought before it, the court in its discretion may dispense with making all of them parties, and may proceed in the suit, having sufficient parties before it to represent all

11088-465: The community. Amarillo was hit by the Dust Bowl and entered an economic depression . U.S. Routes 60, 87, 287, and 66 intersected at Amarillo, making it a major tourist stop with numerous motels, restaurants, and curio shops. World War II led the establishment of Amarillo Army Air Field in east Amarillo and the nearby Pantex Army Ordnance Plant, which produced bombs and ammunition. After the end of

11220-475: The company in the future. In 2009, Concentra was part of a class action workers' compensation case, Josephine Gianzero et al. v. Wal-Mart Stores Inc. et al , alongside Wal-Mart and its insurance adjuster Claims Management Inc. (CMI). The lawsuit was filed in Colorado federal court on behalf of 13,521 Wal-Mart employees who had received treatment for work-related injuries. According to Denver Business Journal ,

11352-594: The company merged with Boston-based CRA Managed Care, a cost containment and case-management company of similar size which also operated about 100 locations. It now did business as Concentra Managed Care, a publicly listed firm, under the parent company Concentra Inc.. This gave it operations in 49 states, D.C. , and Canada, and allowed it to operate as a "one-stop shop" for worker's compensation services. The company subsequently acquired TotalMed, an online medical transcription company; First Notice Systems Inc., an outsourced call reporting company; and Preferred Payment Systems,

11484-635: The contracts from bringing class-action suits. In 2011, the US Supreme Court ruled in a 5–4 decision in AT&;T Mobility v. Concepcion that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class-action lawsuits, which will make it more difficult for consumers to file class-action lawsuits. The dissent pointed to a saving clause in the federal act which allowed states to determine how

11616-417: The court's judgment on common issues unless they opt-out in a prescribed manner and time. Court rulings have determined that this permits a court in one province to include residents of other provinces in the class action on an "opt-out" basis. Judicial opinions have indicated that provincial legislative national opt-out powers should not be exercised to interfere with the ability of another province to certify

11748-496: The defendant corporation . Thus, courts will generally allow a class action in such a situation. See, e.g., Van Gemert v. Boeing Co. , 259 F. Supp. 125 (S.D.N.Y. 1966). Whether a class action is superior to individual litigation depends on the case and is determined by the judge's ruling on a motion for class certification. The Advisory Committee Note to Rule 23, for example, states that mass torts are ordinarily "not appropriate" for class treatment. Class treatment may not improve

11880-643: The early 1900s. Discovery of natural gas in 1918 and oil three years later brought oil and gas companies to the Amarillo area. The United States government bought the Cliffside Gas Field with high helium content in 1927 and the Federal Bureau of Mines began operating the Amarillo Helium plant two years later. The plant was the sole producer of commercial helium in the world for a number of years. The U.S. National Helium Reserve

12012-421: The east to move Amarillo after arguing that Berry's site was on low ground and would flood during rainstorms. Sanborn also offered to trade lots in the new location to businesses in the original city's site and help with the expense of moving to new buildings. His incentives gradually won over people, who moved their businesses to Polk Street in the new commercial district. Heavy rains almost flooded Berry's part of

12144-528: The efficiency of a mass tort because the claims frequently involve individualized issues of law and fact that will have to be re-tried on an individual basis. See Castano v. Am. Tobacco Co. , 84 F.3d 734 (5th Cir. 1996) (rejecting nationwide class action against tobacco companies). Mass torts also involve high individual damage awards; thus, the absence of class treatment will not impede the ability of individual claimants to seek justice. Other cases, however, may be more conducive to class treatment. The preamble to

12276-419: The end of that year the company operated 233 medical centers. In November 2001 the company acquired National Healthcare Resources Inc., a consulting company to the automobile insurance and workers compensation industries. In 2002 it also acquired EM3 Inc., a provider of web content management products; and OccMed Services, which developed a web-based integrated prevention and injury management product. Following

12408-401: The expense of other class members; and confusing notices are published that prevent class members from being able to fully understand and effectively exercise their rights. For example, in the United States, class lawsuits sometimes bind all class members with a low settlement . These " coupon settlements " (which usually allow the plaintiffs to receive a small benefit such as a small check or

12540-548: The ground head first. Marsh also participated in an ongoing art project called the Dynamite Museum, which consists of thousands of mock traffic signs . These signs, bearing messages such as "Road does not end" or displaying a random picture, are scattered throughout the city of Amarillo. Besides these works, one can find close to the city the final earthwork of Robert Smithson (and another commission by Marsh), Amarillo Ramp . The city has events and attractions honoring

12672-508: The ground, or accumulates in playa lakes . According to the United States Census Bureau , the city has a total area of 90.3 square miles (234 km ), with 89.9 sq mi (233 km ) of it land and 0.4 sq mi (1.0 km ) of it (0.50%) covered by water. The Amarillo metropolitan area covers four counties: Armstrong , Carson , Potter, and Randall. About 20 miles (32 km) northeast of Amarillo

12804-586: The impetus for most types of group litigation removed, it went into a steep decline in English jurisprudence from which it never recovered. It was further weakened by the fact that equity pleading, in general, was falling into disfavor, which culminated in the Judicature Acts of 1874 and 1875. Group litigation was essentially dead in the United Kingdom after 1850. Class actions survived in

12936-585: The largest historical museum in Texas. Don Harrington Discovery Center , located in the city's hospital district, is an interactive science center and space theater with over 60 hands-on exhibits. Outside of the building is a steel structure called the Helium Monument which has time capsules and designates Amarillo the "Helium Capital of the World". Near the proximity of the Discovery Center,

13068-464: The last century in and around Amarillo, the native grasslands that dominate this region have remained largely untouched. Amarillo sits closer in proximity to the Oklahoma , New Mexico and Colorado state capitals than it does to Austin . The region's surface is relatively flat and has little soil drainage. Due to the lack of developed drainage, much of the rainfall either evaporates, infiltrates into

13200-545: The late spring and summer months. According to 'Cities Ranked and Rated' (Bert Sperling and Peter Sander), Amarillo averages 48 days per year during which thunder and lightning is reported. This is above the national average. These storms can be severe: Amarillo and the Texas Panhandle are situated in the western portion of " Tornado Alley " and are prone to severe weather events, occurring primarily between April and July. Severe thunderstorms can produce damaging straight-line winds, large hail, tornadoes, and flash flooding. Amarillo

13332-503: The median figure is near 10 inches or 25 centimeters. Amarillo is also recorded as the windiest city in the U.S. by the Weather Channel. According to the 2020 United States census , there were 200,393 people, 76,778 households, and 50,005 families residing in the city, an increase of 5.1% since the 2010 United States census. At the 2010 U.S. census , there were 190,695 people residing in Amarillo, an increase of 9.8% since

13464-509: The medieval English courts did not question the right of the actual plaintiffs to sue on behalf of a group or a few representatives to defend an entire group. From 1400 to 1700, group litigation gradually switched from being the norm in England to the exception. The development of the concept of the corporation led to the wealthy supporters of the corporate form becoming suspicious of all unincorporated legal entities, which in turn led to

13596-411: The modern class action binds all members of the class, except for those who choose to opt out (if the rules permit them to do so). The Advisory Committee that drafted the new Rule 23 in the mid-1960s was influenced by two major developments. First was the suggestion of Harry Kalven Jr. and Maurice Rosenfield in 1941 that class-action litigation by individual shareholders on behalf of all shareholders of

13728-738: The modern concept of the unincorporated or voluntary association . The tumultuous history of the Wars of the Roses and then the Star Chamber resulted in periods during which the common law courts were frequently paralyzed, and out of the confusion the Court of Chancery emerged with exclusive jurisdiction over group litigation. By 1850, Parliament had enacted several statutes on a case-by-case basis to deal with issues regularly faced by certain types of organizations, like joint-stock companies, and with

13860-594: The most economic cost". Advertising or otherwise soliciting to find lead plaintiffs may also be unethical, as the plaintiff may not genuinely be aggrieved. Although normally plaintiffs are the class, defendant class actions are also possible. For example, in 2005, the Roman Catholic Archdiocese of Portland in Oregon was sued as part of the Catholic priest sex-abuse scandal . All parishioners of

13992-480: The most populous city in the Texas panhandle . A portion of the city extends into Randall County . The estimated population of Amarillo was 200,393 as of April 1, 2020, comprising nearly half of the population of the panhandle. The Amarillo metropolitan area had an estimated population of 308,297 as of 2020. The city of Amarillo, originally named Oneida, is situated in the Llano Estacado region. The availability of

14124-423: The nation's largest natural gas reserve. Approximately 25 miles (40 km) south of Amarillo is the canyon system, Palo Duro Canyon . The tallest peak is reported to be 2,500 feet (760 m) underground in northeastern Potter County under the Alibates Flint Quarries National Monument . Like most of the Texas Panhandle, Amarillo has a temperate semi-arid climate ( Köppen climate classification BSk ). Both

14256-456: The nearby Iowa Beef Processors plant. The following decade, Amarillo's city limits encompassed 60 square miles (155 km ) in Potter and Randall Counties. Interstate 27 highway connecting Lubbock to Amarillo was built mostly during the 1980s. In May 1982, a strong F3 tornado struck Amarillo's western suburbs, devastating parts of Dawn, and Bushland. No fatalities were reported. Amarillo

14388-422: The notice, did not read it or did not understand it. The Class Action Fairness Act of 2005 addresses these concerns. An independent expert may scrutinize coupon settlements before judicial approval in order to ensure that the settlement will be of value to the class members (28 U.S.C.A. 1712(d)). Further, if the action provides for settlement in coupons, "the portion of any attorney's fee award to class counsel that

14520-486: The organization Center City of Amarillo was formed to establish partnerships with groups who have a large presence in the city. Since its conception in the 1990s, Center City has sponsored public art projects and started block parties in the downtown area. The 31-story FirstBank Southwest Tower was opened in Amarillo's downtown in 1971. Completed in the same year as the FirstBank Southwest Tower,

14652-429: The other half. Concentra was ordered to pay $ 520 to each Wal-Mart employee that had been treated at one of its offices and $ 50 to employees who were treated at other clinics. Amarillo, Texas Amarillo ( / ˌ æ m ə ˈ r ɪ l oʊ / AM -ə- RIL -oh ; Spanish for " yellow ") is a city in the U.S. state of Texas and the seat of Potter County . It is the 14th-most populous city in Texas and

14784-729: The parameters of one lawsuit, the U.S. Supreme Court, in Epic Systems Corp. v. Lewis (2018), enabled the use of class action waivers . Citing its deference to freedom to contract principles, the Epic Systems opinion opened the door dramatically to the use of these waivers as a condition of employment, consumer purchases and the like. Some commentators in opposition to the ruling see it as a "death knell" to many employment and consumer class actions, and have increasingly pushed for legislation to circumvent it in hopes of reviving otherwise-underrepresented parties' ability to litigate on

14916-488: The plaintiff is a single individual person or business that bought the dangerous product. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who the same defendant has injured in the same way. Instead of each individual person bringing their own lawsuits separately, the class action allows all the claims of all class members—whether they know they have been damaged or not—to be resolved in

15048-476: The poverty line, including 20% of those under age 18, 14.1% ages 18 – 64, and 12.2% of those age 65 or over. Part of the Bible Belt , Christianity is the predominant religion in Amarillo and its metropolitan area. There are more than 200 churches in the area as of 2013. According to Sperling's BestPlaces in 2021, 77.83% of the population identified as religious, primarily adhering to Christianity. Out of

15180-549: The previous script that was used for 37 years for a more historically accurate one, but attendance declined over the next four seasons, so it was decided to revert to the original Paul Green script in 2006. The Amarillo Public Library is affiliated with the Harrington Library Consortium. The consortium consist of public, college, and school libraries located in the Texas Panhandle that share resources and cooperate with one another. Other members include

15312-457: The railroad and freight service provided by the Fort Worth and Denver City Railroad contributed to the city's growth as a cattle-marketing center in the late 19th century. Amarillo was once the self-proclaimed " Helium Capital of the World" for having one of the country's most productive helium fields. The city is also known as "The Yellow Rose of Texas" (as the city takes its name from

15444-456: The relatively paltry potential recoveries into something worth someone's (usually an attorney's) labor." Amchem Prods., Inc. , 521 U.S. at 617 (quoting Mace , 109 F.3d at 344). In other words, a class action ensures that a defendant who engages in widespread harm – but does so minimally against each individual plaintiff  – must compensate those individuals for their injuries. For example, thousands of shareholders of

15576-530: The rule ineffective. Within ten years, the Supreme Court interpreted Rule 48 in such a way so that it could apply to absent parties under certain circumstances, but only by ignoring the plain meaning of the rule. In the rules published in 1912, Equity Rule 48 was replaced with Equity Rule 38 as part of a major restructuring of the Equity Rules, and when federal courts merged their legal and equitable procedural systems in 1938, Equity Rule 38 became Rule 23 of

15708-886: The south and east sides of the city, killing 7 people, and injuring more than 80 others. The monthly daily average temperature ranges from 38.6 °F (3.7 °C) in January to 79.6 °F (26.4 °C) in July. Sunny weather prevails year-round, with nearly 3300 hours of bright sunshine annually. The National Weather Service in Amarillo forecasts and provides climatic data for the city. Extreme temperatures range from −16 °F (−26.7 °C) on February 12, 1899 to 111 °F (43.9 °C) on June 26, 2011, but lows do not typically dip to 0 °F or −17.8 °C in most years, while highs above 100 °F or 37.8 °C are seen on 4.7 days on average. On average, there are 5.9 days of lows at or below 10 °F or −12.2 °C, 8.8 days where

15840-475: The support of a significant minority of the justices of the U.S. Supreme Court , along with prominent judges like Henry Friendly and Richard Posner . However, empirical studies have generally found the extortion thesis to be "overstated". Class action cases present significant ethical challenges. Defendants can hold reverse auctions and any of several parties can engage in collusive settlement discussions. Subclasses may have interests that diverge greatly from

15972-459: The symbol "CON". Select Medical is planned to retain at least 80% of the stock in the company. In 2005, a class action lawsuit was brought against Concentra and its subsidiaries, Concentra Managed Care MCO Tooltip Managed care organization and Focus Healthcare Management PPO Tooltip Preferred provider organization . It alleged that Concentra and its subsidiaries engaged in silent PPO activities and unfair repricing tactics. The lawsuit

16104-468: The temperature fails to rise above freezing, and 61 days of 90 °F (32.2 °C)+ highs. Unlike in the Rio Grande Valley or eastern portions of Texas, days where the low does not fall below 70 °F or 21.1 °C are relatively rare, due to the aridity and elevation. Blizzards occur occasionally, but snowfall is typically light, averaging nearly 18 inches or 46 centimeters seasonally and

16236-506: The top 24 in season 8 on the hit show American Idol . She returned to the show again in season 9 and advanced to the top 12 but was eliminated from the program on March 17, 2010. Former residents Evander "Ziggy" Hood and Montrel Meander are in the National Football League. The American Quarter Horse Association (AQHA) is an international organization dedicated to the preservation, improvement and record-keeping of

16368-449: The town in 1889, prompting more people to move to Sanborn's location. This eventually led to another county seat election making Sanborn's town the new county seat in 1893. By the late 1890s, Amarillo had emerged as one of the world's busiest cattle-shipping points, and its population grew significantly. The city became a grain elevator , milling, and feed-manufacturing center after an increase in production of wheat and small grains during

16500-509: The war, both of the facilities were closed. The Pantex Plant was reopened in 1950 and produced nuclear weapons throughout the Cold War . In 1949, a deadly F4 tornado devastated much of Amarillo, shortly after nightfall on May 15, tearing through the south and east sides of the city, killing seven people, and injuring more than 80 others. The tornado touched down southwest of Amarillo, near the town of Hereford, then tracked its way northward, on

16632-485: The workers sued Wal-Mart, CMI, and Concentra for "interfer[ing] with and limit[ing] the independent judgment of certain medical providers who treated injured workers employed by [Wal-Mart] in Colorado who sustained on-the-job injuries". After fighting the charges for three years, Judge Robert Blackburn approved a settlement of $ 8 million, requiring Concentra to pay $ 4 million, through its insurer, and Wal-Mart and CMI to pay

16764-480: Was Tyson Foods, with 3,700 employees. The Amarillo Independent School District was next with 3,659 employees followed by Pantex, Baptist St. Anthony's Health Care System, City of Amarillo, Northwest Texas Healthcare System, Amarillo College , Wal-mart, and United Supermarkets . Other major employers include Bell Helicopter Textron, Owens-Corning, Amarillo National Bank and ASARCO . Approximately 14 million acres (57,000 km ) of agricultural land surrounds

16896-443: Was as follows: 7.6% of the population was under the age of 5, 26.8% was under the age of 18, 73.2% 18 and older, 13.8% who were 65 years of age or older. The median age was 34.1 years. The median income for a household in the city was $ 52,941, and the median income for a family was $ 64,632. Married-couple families had a median income of $ 80,819, and non-family households had a median income of $ 31,663. About 15.4% of families were below

17028-687: Was held in Thompson Memorial Park during Memorial Day weekend. Class action A class action , also known as a class action lawsuit , class suit , or representative action , is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly an American phenomenon, but Canada, as well as several European countries with civil law , have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. In

17160-407: Was initiated on behalf of First State Orthopedics and all U.S. physicians with workers' compensation or car accident bills that had been repriced by Concentra or its subsidiaries. The complaint was based on allegations of "breach of contract/duty of good faith and fair dealing, tortious interference with existing and prospective contractual relations and unjust enrichment". A $ 3.7 million settlement

17292-663: Was reached, with Concentra agreeing to pay $ 2,000 to each plaintiff as well as legal expenses. However, the settlement terms were criticized by many of the doctors, supported by medical professional associations, such as the American Medical Association (AMA) and the Connecticut State Medical Society (CSMS) . The AMA filed an objection with the court, claiming that "the defendants' claimed modifications are illusory, impossible of verification, and in any event insufficient to rectify

17424-679: Was the first province to enact class proceedings legislation, in 1978. Ontario was next, with the Class Proceedings Act, 1992. As of 2008, 9 of 10 provinces had enacted comprehensive class actions legislation. In Prince Edward Island , where no comprehensive legislation exists, following the decision of the Supreme Court of Canada in Western Canadian Shopping Centres Inc. v. Dutton , [2001] 2 S.C.R. 534, class actions may be advanced under

#147852