A la une Etats-Unis : la Cour suprême durcit les conditions des poursuites en justice pour fraude contre les sociétés
Auteur | Legal News |
Par un arrêt Tellabs c/ Makor rendu le jeudi 21 juin 2007, la Haute juridiction judiciaire des Etats-Unis a mis un frein aux procès abusifs intentés en nom collectif contre les sociétés américaines. Pour qu'une class action soit entendue en justice, les plaignants qui estiment qu'une entreprise est coupable de manipulation de cours devront faire plus que simplement alléguer qu'une fraude est plausible, mais donner une justification convaincante que c'est bien le cas. Les juges définissent trois critères pour déterminer la validité des poursuites : le juge doit partir du principe que les faits dénoncés sont vrais (il reviendra au jury d'en...
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