Also known as:bringing an action · brought an action · brings an action · commence an action · institute proceedings
Written by attorneys · grounded in primary & secondary sources — see below
An act of commencing litigation by filing a complaint or petition in a court having jurisdiction over the dispute.
Sources & Authorities
How it applies
Common Examples
6
LLC Member Demand Rejected
Uriah met with Cole and the other members of Bright Lodging LLC and asked them to cause the company to recover diverted commissions from an affiliate. Cole refused. Uriah then filed suit asserting derivative claims on behalf of the LLC.
Negligence Victim Sues
After a freight train struck Tompkins on a footpath alongside the tracks, he filed a complaint in federal court alleging negligence in the train's operation and maintenance.
Cohabitant Files Contract Suit
After Caleb sold the shop and house and kept all proceeds, Victoria filed suit in state court asserting breach of their cohabitants' agreement and an equitable claim based on her contributions.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Model Codes
Restatements
Dictionaries
Limited Partner Demand Made
A limited partner first demanded that the general partners cause the partnership to enforce a right belonging to the entity. When the general partners failed to act within a reasonable time, the limited partner filed a derivative action.
Diversity Suit Filed in Federal Court
A Pennsylvania citizen injured by a passing train filed an action in federal court in New York against the railroad company, invoking diversity jurisdiction over the negligence claim.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
Takeover Bidder Challenges State Law
MITE Corporation filed suit in federal court seeking to enjoin enforcement of the Illinois Business Take-Over Act after the Secretary of State initiated administrative proceedings against its tender offer.
Edgar v. MITE Corp.457 U.S. 624 (1982)
Common questions
Frequently Asked
3
When must a member make a demand before bringing a derivative action on behalf of an LLC?+
A member must first demand that the managers or other members cause the LLC to bring an action to enforce the right. The demand requirement is satisfied if the managers or members do not bring the action within a reasonable time.
Supporting sources
Does a cohabitant face special procedural barriers when bringing a contract claim arising from the relationship?+
No. An individual who is or was a cohabitant may commence an action on a contractual or equitable claim arising out of contributions to the relationship. The action is not barred because of a sexual relationship or subject to additional requirements because the parties are or were cohabitants.
Supporting sources
What must a limited partner do before filing a derivative action on behalf of the partnership?+
The partner must first make a demand on the general partners requesting that they cause the partnership to bring an action to enforce the right. If the general partners do not bring the action within a reasonable time, the partner may maintain the derivative action.
Supporting sources
304 U.S. 64, 78–80 (1938)Conflict of Laws
…and that he was struck by something which looked like a door projecting from one of the moving cars. To enforce that claim he brought an action in the federal court for southern New York, which had jurisdiction because the company is a corporation of that State. It denied liability; and the case was tried by a jury. The Erie…