Exact(5)
In Coopers, a putative representative plaintiff whose motion for class certification had been denied by the district court sought to appeal under § 1291.
Relying less on economic incentives, it seeks to design a representative plaintiff for the class action who would function as a true "gatekeeper," pledging its reputational capital to assure class members of its loyal performance.
The lawsuit was launched in February 2009 by two survivors, including Marcia Brown Martel, the class action's representative plaintiff, who was just four when she was removed from her family home on the remote Beaverhouse First Nation near Kirkland Lake, Ontario.
A shareholder plaintiff in a derivative suit alleges claims in the right of the corporation rather than directly; thus, representative actions raise the concern that the best interest of the class might diverge from the best interest of the representative plaintiff's attorneys.
In reality, McCorvey truly was a "representative plaintiff," Garrow said.
Similar(55)
Amid the familiar talk of "landmark decisions", the legal ground seems to be shifting.The new trial, which began in Miami on July 6th and is known as the Engle case after the first of its six representative plaintiffs, is on behalf of all smokers in Florida who were injured by their addiction to cigarettes.
Reasoning that the representative plaintiffs "have a strong interest that recovery for all of the medical categories be maximized because they may have claims in any, or several categories," the District Court found "no antagonism of interest between class members with various medical conditions, or between persons with and without currently manifest asbestos impairment". Id., at 318.
A complete ban on law firms representing former clients in class actions might go too far, but under the current rules too many nuisance suits feature "representative" plaintiffs that are too close to the lawyers they are supposed to be watching with a critical eye.
"That SFX and Mr. Sillerman would try to deny its partnership with our clients, especially in light of the extensive documentary evidence proving that a deal was made, is appalling," said John C. Hueston, a representative for plaintiffs at Hueston Hennigan LLP, in a statement provided to FORBES.
At least 30 U.S. senators and 166 representatives are plaintiffs in the lawsuit, representing the largest number of legislators ever to sue a U.S. president.
At least 30 U.S. senators and 166 representatives are plaintiffs in Wednesday's lawsuit, representing the largest number of legislators ever to sue a U.S. president, according to two lawmakers who are among the plaintiffs.
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