Requirements for Bringing Suit Cause of Action -- legally recognized harm Jurisdiction -- right court -- need both: –Subject Matter Jurisdiction and –Personal.

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Presentation transcript:

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 Unripe: too early, no real dispute requiring judicial resolution developed yet Moot: too late, dispute requiring judicial resolution no longer exists

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

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

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 attorneys fees awarded must be based on the value of coupons redeemed