미국의 담배집단소송에서 集團調證要件중 공통성과 전형성의 요건의 검토

The Analysis of Commonality and Typicality among the Requisites of Certification in the Case of Tobacco Class Action in the U.S.

This article is analysis and evaluation on the Requirements of Commonality and Typicality in the cases of tobacco class action which is ruled out in Federal courts. In these Cases Plaintiffs brought class action against defendant tobacco companies. moving class certification and alleging that commonality and typicality is satisfied. The court denied the motion for certification of the class in Guillory case and Mahoney case but approved in Simon II case. Pursuant to Rule 23(b) (3). plaintiffs seek to certify a class because all prerequisites for class certification have been met and that certification is proper under Rule 23 (b) (3). Defendant argues that individual issues predominate precluding certification of the class and that a class action lawsuit is not a superior method for adjudicating this dispute. The court denied the motion for certification of the class. It held that the requirements of numerosity and adequacy of representation were met. but that the requirements of typicality and commonality were not met. This article is concentrated on the class certification of tobacco class action and on the analysis and evaluation of the court's opinion about that case. especially about typicality. predominance and superiority of the requirements for certification.