MULTIDISTRICT LITIGATION AND AGGREGATION MECHANISMS: A REAL ALTERNATIVE TO THE CLASS ACTION RULE?

Abstract

Recently, the argument that aggregation mechanisms, as the multidistrict litigation, could be an alternative to class actions became usual. This essay analyses the compatibility between the theoretical frame and the material enforcement of such tool, observing if its use can truly be an adequate path to complex litigation. In this sense, it is presented that, if the multidistrict litigation has a legislative base quite diverse from the class actions one, its reality regularly goes on the opposite way. As a consequence, the kind of partial aggregation that the technique could offer is not really achieved.

Keywords

• collective litigation
• class actions
• multidistrict litigation
• aggregation