미국의 증권집단소송제도에 대한 고찰
The Study on Securities Class Action of U.S.A.
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Abstract
Class Action of U.S.A is ruled by Federal Rule of Civil Procedure. Therefore, Class Action in securities parts is ruled by Federal Rule of Civil Procedure. And Securities Class Action is ruled by the Private Securities Litigation Reform Act of 1995 enacted to prevent abusive litigations. Therefore, in discussing Securities Class Action in this article, Federal Rule of Civil Procedure and the Private Securities Litigation Reform Act of 1995 are discussed if necessary. Therefore in this article, only Class Action is discussed; mainly the Private Securities Litigation Reform Act of 1995 is analyzed. Because the purpose of Private Securities Litigation Reform Act of 1995 is to prevent abusive litigation, we are able to refer to the Reform Act. In this article, the definition and history of Class Action, the Private Securities Litigation Reform Act of 1995 and Class Action, and the requirements of Class Action are discussed. And the requirements of parties(leading plaintiff) and attorneys, and the beginning of suit and admission procedures are studied. In this, the pleading requirements, and forward-looking statements and safe-harbor rule are discussed. The reason is that pleading requirements, and forward looking statements and safe-harbor rule are related to the admission of class action, because the purpose of these requirements is to prevent the abusive litigation and strengthen the requirement of Complaints. Next, in suit procedures, the procedures of Class Action is analyzed, and the discovery and settlements are discussed. In a strict sense, the discovery have to be conducted before pretrial in Class Action of U.S.A., but the discovery is discussed in convenience in this chapter. And, the accounts of damages and attorney fees are discussed as well. Lastly, the effect of judgement and distribution process are discussed.
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