A person who sues on behalf of a group of plaintiffs in a class action. — Also termed named plaintiff. See CLASS ACTION. [Cases: Federal Civil Procedure 164; Parties 35.13. C.J.S. Parties §§ 31, 34.]
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representative action. 1. CLASS ACTION. 2. DERIVATIVE ACTION(1).
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A lawsuit in which the court authorizes a single person or a small group of people to represent the interests of a larger group; specif., a lawsuit in which the convenience either of the public or of the interested parties requires that the case be settled through litigation by or against only a part of
Numerous similarly situated people for whom a claimant’s representative and an adversary propose a contract specifying the payment terms for the class members’ claims in exchange for the release of all claims against the adversary. • During the 1980s and 1990s, mass-tort defendants began using settlement classes as a means of foreclosing claims by some
A party’s maintenance of an action on behalf of others with a similar interest, as a class representative does in a class action. See VIRTUAL-REPRESENTATION DOCTRINE. [Cases: Judgment 677; Parties 35.3. C.J.S. Judgments §§ 847, 851–854; Parties § 28.]
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merchandise (m[schwa]r-ch[schwa]n-dIz also -dIs). 1. In general, a movable object involved in trade or traffic; that which is passed from hand to hand by purchase and sale. 2. In particular, that which is dealt in by merchants; an article of trading or the class of objects in which trade is carried on by physical transfer;
collective bargaining. Negotiations between an employer and the representatives of organized employees to determine the conditions of employment, such as wages, hours, discipline, and fringe benefits. See CONCESSION BARGAINING. [Cases: Labor Relations 171. C.J.S. Labor Relations § 148.] “Collective bargaining means the joint determination by employees and employers of the problems of the em-ployment relationship.
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per capita (p[schwa]r kap-i-t[schwa]), adj. [Latin “by the head”] 1. Divided equally among all individuals, usu. in the same class (the court will distribute the property to the descendants on a per capita basis). Cf. PER STIRPES . [Cases: Descent and Distribution 43; Wills 530. C.J.S. Descent and Distribution §§ 27–28; Wills §§ 1015–1016.] “Per