Shelley and Fedeles Co-Author Law360 Article on New French Class Action Law

Shook, Hardy & Bacon Product Liability Partner Marc Shelley and Associate Emily Fedeles have co-authored an article about the new French Consumer Act (Loi Hamon), which contains a class action procedure for consumer protection and antitrust claims. Published by Law360 on May 5, 2014, the article chronicles the history of the Act as it moved through the French government, summarizes its provisions and details the new class action procedure. Shelley and Fedeles also identify significant flaws in the procedure, focusing especially on the lack of protection for defendants. For example, the law deprives defendants of defenses that they might have if the claims were brought individually; in addition, it creates one-way res judicata because a court’s judgment on general liability can happen before the class certification stage, and a judge’s liability ruling does not bind absent putative class members if the class has not yet been certified.