クラスアクションの成立を否定する連邦裁判所判決の州裁判所への争点効 : In re Bridgestone/Firestone 判決を中心に

概要

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The success of modern class action depends on certification, the step where the court decides whether the litigation should proceed as a class action and whether the named plaintiffs can represent the class. A court's decision to grant or deny certification may determine whether it proceeds at all. In response to the denial in federal courts, plaintiffs have migrated to more receptive state forums. Filing their claims simultaneously in state courts, plaintiffs have found success where they previously failed in federal court. The Seventh Circuit visited the forum shopping issue in In re Bridgestone/Fire-stone, ruling that a federal court order reversing the certification of a class action should preclude any state court class action from seeking a similar certification by use of Anti-Injunction Act. This note argues whether state court actions can be stayed by a federal court is a nagging problem of the dual jurisdictional system in the United States, and finds the Seventh Circuit ruling is correct for the solution of this problem. After the analysis on both legislative and judicial moving on the issue, this note consequently recommends that (1) Federal Supreme Court should approve the Seventh Circuit ruling ; (2) Federal Legislature should amend the existing jurisdictional law for avoiding the abuse of forum shopping.
京都文教大学の論文