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This chapter discusses essential terms and instruments in collective redress such as mass harm situations and mass tort, isomorphic claims, negative value claims, substantial value claims, res iudicata in collective redress, opt-in, opt-out, mandatory and mixed systems of collective redress and settlement only class actions. Mass harm is characterised by many concurrent and simultaneous infringements of similar or identical rights and claims of numerous persons (so-called isomorphic claims). Collective redress litigation is characterised by representative claimants (lead plaintiff, qualified entities) and finality ultra partes or erga omnes. Traditionally, finality operates only among clearly defined parties (res iudicata ius facit inter partes). Absent class members in collective redress and the representative plaintiff form a new type of party, a collective or ideological party. This may help to understand the extension of finality ultra partes or erga omnes. Absent class members join the collective or ideological party either in an opt-out, opt-in, mixed or mandatory system of collective redress. The link between the court adjudicating in collective redress, the representative plaintiff (collective or ideological) and all the other persons harmed by mass harm and bound by res iudicata, is based on the right to ‘opt-out’ or, as the case might be, the right to ‘opt-in’. There are also cases where there is no possibility to opt-in or opt-out; the link between court and those harmed is created ex lege (so called mandatory systems of collective redress). Mass harm in collective redress is regulated by a single decision producing legal effects for all harmed persons thus avoiding repetitive litigation of similar claims. This effect in collective redress is obtained by the extension of res iudicata to all harmed persons represented by the representative plaintiff also called ‘the collective or ideological party’. The representative plaintiff or the collective or ideological party is litigating to obtain redress for mass harm having force of ‘extended’ res iudicata. The chapter ends with a discussion of settlement-only class actions.

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Building Blocks of Collective Redress: From Mass Harm Situations to Settlement Only Classes

  • 章节

  • 发表日期：

    2026年

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  • Jorg Sladič

摘要

This chapter discusses essential terms and instruments in collective redress such as mass harm situations and mass tort, isomorphic claims, negative value claims, substantial value claims, res iudicata in collective redress, opt-in, opt-out, mandatory and mixed systems of collective redress and settlement only class actions. Mass harm is characterised by many concurrent and simultaneous infringements of similar or identical rights and claims of numerous persons (so-called isomorphic claims). Collective redress litigation is characterised by representative claimants (lead plaintiff, qualified entities) and finality ultra partes or erga omnes. Traditionally, finality operates only among clearly defined parties (res iudicata ius facit inter partes). Absent class members in collective redress and the representative plaintiff form a new type of party, a collective or ideological party. This may help to understand the extension of finality ultra partes or erga omnes. Absent class members join the collective or ideological party either in an opt-out, opt-in, mixed or mandatory system of collective redress. The link between the court adjudicating in collective redress, the representative plaintiff (collective or ideological) and all the other persons harmed by mass harm and bound by res iudicata, is based on the right to ‘opt-out’ or, as the case might be, the right to ‘opt-in’. There are also cases where there is no possibility to opt-in or opt-out; the link between court and those harmed is created ex lege (so called mandatory systems of collective redress). Mass harm in collective redress is regulated by a single decision producing legal effects for all harmed persons thus avoiding repetitive litigation of similar claims. This effect in collective redress is obtained by the extension of res iudicata to all harmed persons represented by the representative plaintiff also called ‘the collective or ideological party’. The representative plaintiff or the collective or ideological party is litigating to obtain redress for mass harm having force of ‘extended’ res iudicata. The chapter ends with a discussion of settlement-only class actions.