Chapter 42 Group Actions
【Class Action】(Class Action)
[The so-called class action is a special type of litigation that is set up when there are common facts or common legal issues, there are a large number of plaintiffs, and they cannot all appear in court. In this lawsuit, the huge number of plaintiffs,
As a group, a lawsuit is filed against the defendant, and the final judgment is retroactive to all group members.]
For example, a pharmaceutical factory produces a drug suitable for pregnant women to treat colds, but the drug eventually causes birth defects in the fetuses. Since a large number of pregnant women take the drug, such a large number of victims will be able to treat
Drug company files class action lawsuit.
When Miyagawa thought of "class action lawsuit", he was a little stunned.
This is the only reasonable reason why Kitahara wants to know the status of other highway maintenance centers.
If the Kawamoto Expressway is not only defective in road maintenance on the G227 section, but there are systemic problems in the management of the expressway by the entire company, and multiple maintenance centers have neglected to maintain the road surface, then the accident on the Kawamoto Expressway
Traffic perpetrators may file a class action lawsuit against Kawamoto Expressway.
Miyagawa quickly recalled the Kawamoto Expressway's expressway construction share in Toyo - a full 36%!!!
If we estimate based on this ratio directly, at least 36% of traffic accident cases on expressways occur on sections of the Kawamoto Expressway.
Suppose further that for every one hundred accidents on the Kawamoto Expressway, one is related to road maintenance. Then, this probability is 0.36%.
Miyagawa immediately opened the laptop next to him and quickly typed on the keyboard to check the number of traffic accidents every year. The per capita car ownership in Japan is very high. The number of traffic accidents every year is at least millions. And infringement lawsuits
The statute of limitations for lawsuits is 3 years, which means that traffic accidents in the past three years must be accumulated and calculated.
Soon, the search engine interface displayed the results.
After nearly three years of highway traffic accidents were accumulated, the number was about 1.2 million.
If we calculate based on the assumed probability just now...
Miyagawa quickly opened the calculator software on his mobile phone and entered the numbers into his phone. As soon as the numbers were entered, he anxiously pressed the "=" sign.
There is no difficulty in running this simple calculation on the mobile phone software.
However, I saw that the screen flickered slightly.
Almost as soon as you press the "equal sign", the result appears.
Digital display: "4320".
In other words, there is a possibility that more than 4,300 drivers may file lawsuits against Kawamoto Expressway!!!
It is a class action lawsuit with a scale of more than 4,300 people!!!
At the moment when I saw the numbers, it seemed that the whole world was quiet. There was only the sound of the fan in the law firm, whirring, whirring, whirring, and the sound of the young man in a suit in front of me eating breakfast.
Miyagawa opened his mouth slightly, and could no longer control his surprise. The phone slipped directly from his palm and fell to the table with a "clang". When did Kitahara think of it? He was investigating the G227 section of the highway.
Have you already thought of it? Or, Kithara has seen this possibility from the beginning!
Miyagawa's heart has been shocked.
He and Kitahara also graduated from Tokyo University's Faculty of Law.
It has only been two or three years since he started working. To a certain extent, Kitahara should be a young lawyer at the "novice level" just like himself.
But...but, why, the Kitahara in front of him has actually thought of such a move. If I use the analogy of playing chess, I seem to be a chess boy who can only see within 3 moves, while the Kitahara in front of me is already a chess player who can
to the master 15 steps away.
Hearing the sound of the keyboard and noticing the strange look on Miyagawa's expression, Kithara raised her head, looked at it, and stuffed the last bite of the sandwich into her mouth. She must have guessed what she was going to do. It was pretty good.
, Miyagawa is still very talented in law. Kitahara looked at Miyagawa with a smile, as if he was admiring his proud disciple.
"Instigating... a class action lawsuit?" Miyagawa recovered from the shock just now and asked tentatively.
"Shh~~~~" Beihara wiped his mouth with a tissue, then put his finger in front of his lips, made a quiet gesture, and said with a smile: "This is our trump card."
"But..." Although he guessed that Kitahara might launch a class action lawsuit, Miyagawa still had a lot of doubts in his heart. It is too difficult to prove that the Kawamoto Expressway has systemic maintenance defects. There are so many sections of expressways in Toyo.
, there are so many conservation centers, how can we have the manpower to collect evidence one by one. Although this idea is good, it is too difficult to implement.
Kithara looked at the expression on Miyagawa's face and could already read her confusion. Miyagawa's concern about the difficulty of collecting evidence is reasonable. Indeed, it is impossible to collect evidence from every nursing center one by one. That would be too much.
It was time-consuming and labor-intensive. However, Miyagawa still lacked a little flexibility.
Kitahara doesn't really want to file a class action lawsuit.
Instead, they put pressure on Kawamoto Expressway through the possibility of class action lawsuits.
Through the possibility of filing a class action lawsuit, he can shake the mountain and defeat the Kawamoto Expressway. Therefore, there is no need to collect evidence personally. You only need to prove to Kawamoto Expressway that it is possible to file a class action lawsuit. As a listed company, it must be possible in an instant.
He will feel tremendous public pressure. At that time, the initiative on the battlefield will be transferred to his hands.
Kitahara opened the box of soy milk, inserted the straw, took a sip, and said: "I checked last night. Miyagawa, your worry is indeed right. Kawamoto's management has found 500 highway sections, and the maintenance center
At least 600 or more. It is indeed impossible to collect them one by one. But, we can prove a preliminary possibility."
Preliminary possibility of...?
Miyagawa was a little stunned. She found that she could no longer keep up with Kitahara's thinking. Why...it was also two years after graduation, but the gap between herself and Kitahara was getting bigger and bigger. The gap in grade points in college was only zero.
Just a few points. But now, there seems to be an unbridgeable gap between the two people's legal levels.
Kitahara took another sip of soy milk, closed his eyes slightly, and felt the fragrance of milk blooming in his mouth, and then said: "I want to try to obtain preliminary data first. That is, are the expressways managed by Kawamoto Expressway better than those of other companies?
Highways are more prone to accidents."
It's like a light suddenly turned on.
The darkness was completely dispelled.
These words instantly woke up Miyagawa, and his confused joints were immediately cleared.
Kitahara is right. If it can be explained from data that the highways owned by Kawamoto Expressway are more prone to accidents than the highways of other companies, this will have already seized a high ground.
Miyagawa immediately typed on the keyboard on his laptop, opened the search engine, and entered the "Traffic Accident Liability Certification Data Network."
The "Traffic Accident Responsibility Certificate Data Network" is a website developed by Japan's Ministry of Land, Infrastructure, Transport and Tourism. It was established to punish traffic police corruption and improve the transparency of traffic law enforcement. Every traffic accident liability certificate issued by the traffic police will be
It is uploaded to this website and the full text is made public for the supervision of all citizens.
A traffic accident determination letter is usually divided into four parts: first, the time and place of the traffic accident; second, the basic situation of the parties involved; third, the determination of the basic facts of the traffic accident; fourth, the determination of liability.
Among them, the first part contains information on which road section the accident occurred.
If we can conduct a comprehensive statistics on the traffic accident liability certificates disclosed by this data network, we can get a data result.
Are the expressways managed by Kawamoto Expressway more prone to accidents than those of other companies?
Thinking of this, Miyagawa couldn't help but feel excited, but as he glanced at the number of documents in the data network, he couldn't help but be poured cold water on him. That was a massive amount of documents in the millions, or even tens of millions.
How to count?
The eyes that had just been shining suddenly dimmed again.
With a "sizzling" sound, Kitahara drank the last sip of soy milk, burped slightly, and looked at the breakfast that had been swept away with satisfaction. Then, he looked at Miyagawa who seemed a little frustrated, and said with a smile.
: "Don't worry about the statistical paperwork, I have a friend..."
Chapter completed!