Also known as: separate actions · independent action
Written by attorneys · grounded in primary & secondary sources — see below
A distinct lawsuit or proceeding initiated independently rather than as part of an existing action. The filing permits separate adjudication of claims or issues that could otherwise be joined or consolidated.
Sierra Santos and dozens of other investors each filed individual suits against Spectrum Financial alleging the same misleading statements. Because the separate suits risked inconsistent findings on the company's disclosure duties, the court certified a class under Rule 23(b)(1) to avoid conflicting standards of conduct.
Simon Stern and other bondholders considered a class action against Sterling Manufacturing but ultimately filed separate suits. The court declined to certify under Rule 23(b)(3) after finding that each investor's strong interest in controlling its own litigation outweighed the benefits of a single proceeding.
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Simone Sanders sued in Delaware to attach shares owned by out-of-state defendants. The Supreme Court held that the mere presence of the shares did not support jurisdiction over the defendants' unrelated claims, forcing Sanders to pursue a separate action in a forum with proper contacts.
After David Egelhoff's death, his ex-wife claimed life-insurance proceeds under a state statute that automatically revoked her designation. The Court held ERISA preempted the state rule, so the ex-wife had to bring a separate action in federal court to recover the benefits.
Female employees at Wal-Mart sought to litigate pay and promotion claims as a class. The Supreme Court found the evidence of a general policy too weak to satisfy commonality, leaving each worker to file a separate action to prove individual discrimination.
Defenders of Wildlife sued to block a federal project that threatened endangered species abroad. The Supreme Court held the group failed to show concrete injury, so any member wishing to pursue relief had to file a separate action with proper standing allegations.
Rule 23(b)(3)(A) directs courts to consider each class member's interest in individually controlling the prosecution or defense of separate actions. Strong individual stakes or a desire for personal strategy can outweigh the efficiencies of a single class suit.
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No. Support proceedings may be brought within the dissolution action itself. The governing statute requires only that each proceeding carry the proper caption. It does not mandate a wholly separate case number.
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The rule prevents inconsistent or varying adjudications that would establish incompatible standards of conduct for the party opposing the class, or that would as a practical matter dispose of the interests of absent members.
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Yes. Both the Uniform Partnership Act and the Uniform Limited Partnership Act expressly permit a partner or general partner to be named in a separate action to the extent doing so is consistent with the relevant liability provisions.
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…court. Schroeder v. City of New York, supra , at 213; cf. Continental Grain Co. v. Barge FBL-585 , 364 U. S. 19 (1960) (separate actions against barge and barge owner are one "civil action" for purpose of transfer under 28 U. S. C. § 1404 (a)). Moreover, in Mullane we held that Fourteenth Amendment rights cannot depend on…