entity · derived
Netherlands
Derived node: assembled mechanically from the claims carrying netherlands. A roster, not an adjudicated definition.
Every claim under this term
- 2029983-020 : The WCAM's requirement that a court evaluate procedural and substantive fairness and the efficiency of the settlement lets the Dutch system avoid blackmail settlements, where a defendant pays simply t
- 2029983-021 : The Dutch unfair trade practice and misrepresentation provisions invoked in Fortis, taken together, approximate the legal protections available in the United States under Section 10(b) and Rule 10b-5,
- 2029983-022 : In Converium the Amsterdam Court of Appeal declared an international collective settlement binding on the parties even though the class members had only tenuous connections to the Netherlands.
- 2029983-023 : By approving U.S.-style fee arrangements, the Converium decision adds an important incentive for plaintiffs' attorneys to bring claims in the Netherlands.
- 2029983-024 : The Converium fee holding is a weak predictor of Dutch practice because lead counsel's work in that case was performed largely within the American legal system and by U.S. law firms, so it remains to
- 2029983-025 : The Netherlands is already Europe's most attractive venue for collective settlements because it is the only European country that allows a collective settlement in mass litigation to bind all class me
- 2029983-026 : Given the Fortis and Converium decisions, it is conceivable that Dutch courts will expand their extraterritorial reach beyond the enforcement of settlements to cases litigated as class actions.
- 2029983-027 : Because the Dutch Supreme Court's World Online presumption of reliance can be extended to ad hoc disclosure violations and misleading periodic reports, the Dutch legal system could compete effectively
- 2029983-028 : The WCAM requirement that a court approved foundation pursue the action makes the Dutch regime more burdensome than the U.S. system, which requires only a lead plaintiff and class approval.
- 2029983-029 : The WCAM's structural limits could reduce the number of successful settlements: while the largest cases such as Shell and Fortis give plaintiffs enough leverage to force large settlements, smaller cas