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Published bySavanah Rosten Modified over 10 years ago
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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
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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 resolution developed 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 attorneys fees awarded must be based on the value of coupons redeemed
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