Also known as:associations · freedom of association · unincorporated association · bar association
Written by attorneys · grounded in primary & secondary sources — see below
An organized group of persons formed to pursue a common purpose or activity. The group may sue or be sued, designate representatives for testimony, and receive or convey property interests under governing rules.
Sources & Authorities· 38 primary sources
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
How it applies
Common Examples
6
Deposition Notice to Trade Group
Aurora Biotech receives a deposition notice describing topics about its supply contracts. The company designates its compliance officer to testify on its behalf after conferring with the serving party about the matters listed. The officer answers questions using information reasonably available to the organization.
Judge Recusal After Prior Work
Judge Alvarez previously worked at a firm where a colleague handled the same contract dispute now before the court. The judge discloses the earlier association and steps aside because the colleague participated substantially in the matter.
Screening After Lawyer Departure
After Andre Antoine left the firm, the remaining lawyers accept a new client whose interests conflict with a matter Antoine handled. The firm implements screening procedures and provides written notice to the former client to avoid imputation of the conflict.
Religious Housing Preference
The Oakridge Neighborhood Association owns apartments it rents only to members of its faith for noncommercial purposes. The association limits occupancy to persons of the same religion without violating fair housing rules.
Partnership Formation by Conduct
Amber Alonzo and Austin Abbott begin operating a delivery service, sharing profits and management decisions without a written agreement. Their conduct creates an association that meets the statutory definition of a partnership.
Accredited Genetic Testing Lab
A laboratory accredited by the AABB performs genetic testing in a parentage case. The court accepts the results because the testing meets the statutory standards for reliability and accreditation.
Common questions
Frequently Asked
5
How does an association designate a representative for deposition under the federal rules?+
The organization must confer in good faith with the serving party about the matters for examination. It then designates one or more officers, directors, managing agents, or other consenting persons to testify on its behalf about information known or reasonably available to the organization.
Supporting sources
When does a judge's prior association with a lawyer require recusal?+
Recusal is required if the judge was associated with a lawyer who participated substantially in the matter during the association. The rule focuses on the substantial participation of the former colleague in the same controversy.
What conditions allow a firm to represent a client adverse to a former associate's client?+
The firm may proceed unless the matter is the same or substantially related and a remaining lawyer possesses material confidential information. Screening and notice requirements may also apply depending on the timing of the lawyer's departure.
Supporting sources
Does the Fair Housing Act permit a religious association to limit housing to members of its faith?+
Yes, a religious organization or association may limit sale, rental, or occupancy of its noncommercial dwellings to persons of the same religion. The preference is allowed unless membership in the religion itself is restricted on account of race, color, or national origin.
Supporting sources
What constitutes a partnership under the Uniform Partnership Act?+
An association of two or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form one. The term includes a limited liability partnership.
Supporting sources
,” noting that
freedom of association
is a peripheral First Amendment right. Disclosure of membership lists of a constitutionally valid
association
, we held, was invalid “as entailing the likelihood of a substantial restraint…
s that the Constitution has been understood to protect.
Freedom of association
has been constitutionally recognized because it is often indispensable to effectuation of explicit First Amendment guarantees. See NAACP v. Alabama ex rel. Patterson , 357 U. S. 449,…
between Bendectin and birth defects. Other experts proffered by plaintiffs propose to testify that Bendectin causes limb reduction defects in humans because it causes such defects in…
ContractsPerformance, breach, and discharge · Obligations of good faith and fair dealingUBEFoundational