class or representative action

class or representative action
class or representative action
A class action provides a means by which, where a large group of persons are interested in a matter, one or more may sue or be sued as representatives of the class without needing to join every member of the class. This procedure is available in federal court and in most state courts under Rule of Civil Procedure 23.
See also New York C.P.L.R. No. 901.
There are general requirements for the maintenance of any class suit. These are that the persons constituting the class must be so numerous that it is impracticable to bring them all before the court, and the named representatives must be such as will fairly insure the adequate representation of them all. In addition, there must be an ascertainable class and there must be a well defined common interest in the questions of law and fact involved affecting the parties to be represented. The trial court must also certify the lawsuit as a class action. Daar v. Yellow Cab Co., 67 Cal.2d 695, 63 Cal.Rptr. 724, 731, 433 P.2d 732.
Prior to the revision of Federal Civil Procedure Rule 23 in 1966, there were three categories of class actions, popularly known as "true", "hybrid", and "spurious." These categories no longer exist under present Rule 23.
+ representative action
An action is a "representative action" when it is based upon a primary or personal right belonging to the plaintiff stockholder and those in his class. Lehrman v. Godchaux Sugars, 207 Misc. 314, 138 N.Y.S.2d 163, 166.
A stockholder's action against corporation is "representative," when based on primary or personal right of plaintiff and other stockholders of his class, and "derivative" when based on corporation's primary right, asserted on its behalf by plaintiff because of corporation's failure to act. Gordon v. Elliman, 202 Misc. 612, 115 N.Y.S.2d 567, 568, 571, 572.
- derivative action

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • class or representative action — A class action provides a means by which, where a large group of persons are interested in a matter, one or more may sue or be sued as representatives of the class without needing to join every member of the class. This procedure is available in… …   Black's law dictionary

  • representative action — class or representative action A class action provides a means by which, where a large group of persons are interested in a matter, one or more may sue or be sued as representatives of the class without needing to join every member of the class.… …   Black's law dictionary

  • representative action — class or representative action A class action provides a means by which, where a large group of persons are interested in a matter, one or more may sue or be sued as representatives of the class without needing to join every member of the class.… …   Black's law dictionary

  • representative action — A legal action in which one or a few members of a class sue on behalf of themselves and other members of the same class; a lawsuit brought by the stockholders of a corporation, on its behalf, for the enforcement of a corporate right. Dictionary… …   Law dictionary

  • representative action — Same as class action …   Ballentine's law dictionary

  • class action — class or representative action A class action provides a means by which, where a large group of persons are interested in a matter, one or more may sue or be sued as representatives of the class without needing to join every member of the class.… …   Black's law dictionary

  • class action — class or representative action A class action provides a means by which, where a large group of persons are interested in a matter, one or more may sue or be sued as representatives of the class without needing to join every member of the class.… …   Black's law dictionary

  • representative — A person or thing that represents, or stands for, a number or class of persons or things, or that in some way corresponds to, stands for, replaces, or is equivalent to, another person or thing. Gaffney v. Unit Crane & Shovel Corp., D.C.Pa., 117 F …   Black's law dictionary

  • action — Conduct; behavior; something done; the condition of acting; an act or series of acts. Term in its usual legal sense means a lawsuit brought in a court; a formal complaint within the jurisdiction of a court of law. Pathman Const. Co. v. Knox… …   Black's law dictionary

  • action — Conduct; behavior; something done; the condition of acting; an act or series of acts. Term in its usual legal sense means a lawsuit brought in a court; a formal complaint within the jurisdiction of a court of law. Pathman Const. Co. v. Knox… …   Black's law dictionary

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