US Class Actions with Non-US Citizens as Class Members: Fairness Issues Considered

As international commerce expands, citizens of other countries will participate increasingly in U.S.-based commerce and, as a result, will be exposed to the U.S. system of justice and dispute resolution, including class action lawsuits. This raises numerous questions for courts, including how to deal with defendants in a class action where non-U.S. class members may have the opportunity to bring a second, subsequent lawsuit against the same defendants in the plaintiffs’ home country. Courts should keep in mind fundamental protections that ensure fairness for defendants in class litigation. This article discusses the current approach and potential solutions and alternatives that may manage the risk of unfair, redundant litigation.