The Class Action Lawsuit in the U.S.
It refers to a lawsuit filed by a majority of the parties in common interest. It is often used when it is difficult for individuals to file cattle because of the large number of victims and small amounts of damage. The US class action lawsuit is a way of solving collective disputes of personal conduct by allowing the individual to belong to the victim group to be recognized as a party and to have him or her carry out a lawsuit for the benefit of all group members.
Unlike other countries, which recruits large-scale litigation participants over a long period of time, in the United States, even if only one complaint is filed, the case can be filed on behalf of the group. If there is a large number of potential victims who may be in the victim group, the court will classify the plaintiff as a group.
The representative party must be a member of the group, and the representative plaintiff and the plaintiff representative must have an adequacy of representative. In other countries such as South Korea, all of the plaintiffs participating in the litigation must prove their damages, so the litigation is prolonged and the class action rate is considerably low. In the United States, however, a lawyer leads the case and lead attorneys work in a manner that demonstrates the damage to all potential victims.
In order to be recognized as a class action, the following prerequisites must be met:
(1) There must be a definable class.
(2) Numerosidad requirements
(3) commonality of commonality and
(4) Typicality
The Discovery, a preliminary evidence verification procedure in the United States, also applies to class action lawsuits. Civil litigation is a system in which parties can obtain important evidence by searching the information held by the other party before the trial begins. If the defendant hides or disposes of the adverse data, it may be deemed to have accepted the plaintiff's allegation along with the fine and may be subject to a judgment of loss. The United States also applies to class action lawsuits relating to human resources, particularly wage claims. Typically, class action lawsuits are often filed against claims for damages due to overtime or break / lunch breaks and whether managers or independent contractors are exempted from extended work allowances. The punitive damages system also applies to the class action lawsuit, so it should be considered that damages can be enormous.
Unlike other countries, which recruits large-scale litigation participants over a long period of time, in the United States, even if only one complaint is filed, the case can be filed on behalf of the group. If there is a large number of potential victims who may be in the victim group, the court will classify the plaintiff as a group.
The representative party must be a member of the group, and the representative plaintiff and the plaintiff representative must have an adequacy of representative. In other countries such as South Korea, all of the plaintiffs participating in the litigation must prove their damages, so the litigation is prolonged and the class action rate is considerably low. In the United States, however, a lawyer leads the case and lead attorneys work in a manner that demonstrates the damage to all potential victims.
In order to be recognized as a class action, the following prerequisites must be met:
(1) There must be a definable class.
(2) Numerosidad requirements
(3) commonality of commonality and
(4) Typicality
The Discovery, a preliminary evidence verification procedure in the United States, also applies to class action lawsuits. Civil litigation is a system in which parties can obtain important evidence by searching the information held by the other party before the trial begins. If the defendant hides or disposes of the adverse data, it may be deemed to have accepted the plaintiff's allegation along with the fine and may be subject to a judgment of loss. The United States also applies to class action lawsuits relating to human resources, particularly wage claims. Typically, class action lawsuits are often filed against claims for damages due to overtime or break / lunch breaks and whether managers or independent contractors are exempted from extended work allowances. The punitive damages system also applies to the class action lawsuit, so it should be considered that damages can be enormous.
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