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In the United States, the class representative, also called a lead plaintiff, named plaintiff, or representative plaintiff, is the named party in a class-action lawsuit. [66] Although the class representative is named as a party to the litigation, the court must approve the class representative when it certifies the lawsuit as a class action.
Pro se who are not state-licensed attorneys cannot bring up a class action lawsuit. [20] Federal courts can impose liability for the prevailing party's attorney fees to the losing party if the judge considers the case frivolous or for purpose of harassment, even when the case was voluntarily dismissed. [52] [53] In the case of Fox v.
Prior to the introduction of the Civil Procedure Rules the courts of England and Wales had used a number of techniques to manage multiple claims. In particular representative claims permitted a plaintiff (now claimant) who shared the same interest in a claim as a group to either begin or continue a claim as a representative of that group.
A "naked" class action waiver is a version of the waiver where the contract in which the waiver is found is not attached to an arbitration agreement. Class action waivers are only protected from state legislatures' actions through the Federal Arbitration Act, if they are bundled with an agreement to send disputes to arbitration.
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If it is breached, the party in default could be sued for breach of that contract. In some jurisdictions, the party in default could also face the original action being restored. The settlement of the lawsuit defines legal requirements of the parties and is often put in force by an order of the court after a joint stipulation by the parties. In ...
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A lawsuit may also involve issues of public law in the sense that the state is treated as if it were a private party in a civil case, either as a plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the ...