흡연손해배상청구권에 대한 미국 연방법원의 集團訴訟의 認證與否

• 영문명: Analysis on the Certification of Class Action for Smoking Damage in US Federal Court
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 오대성
• 간행물 정보: 『비교사법』비교사법 제10권 3호, 487~519쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

This article is analysis and evaluation about Federal cases in which whether class certification is proper in tobacco class action. For the purpose of this, three federal cases are examined, such as Guillory case in Illinois, Mahoney case in Iowa, and Simon II case in New Yark. These cases were decided as following. In Guillory case, Plaintiffs brought class action against defendant tobacco companies, seeking damages and injunctive relief. Plaintiffs moved for class certification, alleging that all prerequisites had been met. The court denied the motion for certification of the class. In Mahoney case. Plaintiffs moved class certification alleging they are now suffered or had died from lung cancer by smoking. The court denied plaintiffs' motion to certify. In Simon II case, plaintiffs filed class action against defendant cigarette companies claiming damage and moved class certification. The court affirmed plaintiff's motion for certification and held numerous common questions of law and fact existed and ordered jury trial by three steps. This is first case which is certified in tobacco class action hy Federal court. This article is concentrated on the class certification in tobacco class action and is to compare three cases and evaluate the courts' opinion about class certification, especially about typicality, predominance and superiority of the requirements for certification.

목차

1. 서론

2. 집단소송의 인증요건

3. Guillory 사건(Illinois주 연방법원판결)

4. Mahoney사건(Iowa주 연방법원판결)

4. SimonⅡ사건(뉴욕주 연방법원판결)

5. 연방법원판결(결정)의 검토

6. 결론

참고문헌

ABSTRACT