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Requirements for Bringing Suit PowerPoint PPT Presentation


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Requirements for Bringing Suit. Cause of Action -- legally recognized harm Jurisdiction -- “right court” -- need both: Subject Matter Jurisdiction and Personal Jurisdiction. Requirements for Bringing Suit, #2. Timing: File suit within limitations period Not unripe or moot

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Requirements for Bringing Suit

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Requirements for bringing suit l.jpg

Requirements for Bringing Suit

  • Cause of Action -- legally recognized harm

  • Jurisdiction -- “right court” -- need both:

    • Subject Matter Jurisdiction and

    • Personal Jurisdiction


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Requirements for Bringing Suit, #2

  • Timing:

    • File suit within limitations period

    • Not unripe or moot

  • Unripe:too early, no real dispute requiring judicial resolutiondeveloped yet

  • Moot:too late, dispute requiring judicial resolution no longer exists


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Requirements for Bringing Suit, #3

  • Standing:

    • Person bringing suit has a personal interest that is directly affected by the action complained of

    • Requirements for standing:

      • Injury in fact

      • Causation

      • Redressability


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Class Action Suits

  • Allows many suits to be consolidated in one action

  • Requirements:

    • So many similar claims to be impracticable for them to sue individually

    • Commonality: there are questions of law and fact common to all members of the class

    • Plaintiff seeking to represent the class also suffers the same legal harm


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Federal Restrictions on Class Action Suits

  • Class Action Fairness Act of 2005

  • Class actions are to be filed in federal courts where:

    • The amount in controversy is >$5 million

    • Any class member is a citizen of a state different from where the defendant resides

    • Any class member or the defendant is a resident of a foreign state

  • Class actions suits may be filed in state courts if:

    • more than 2/3 of the plaintiffs reside in the same state, and

    • at least one defendant is a resident of that state

  • Where “coupon settlements’ are proposed, the attorney’s fees awarded must be based on the value of coupons redeemed


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