Also known as: sues · sued · suing · bring suit · file suit
Written by attorneys · grounded in primary & secondary sources — see below
To commence a civil proceeding in court against another party to enforce a legal right or obtain redress for an alleged wrong.
Samantha Stone sold her home to Sean Steele under a contract that required her to repair the roof before closing. At closing she delivered a deed that contained no repair promise. After moving in, Steele discovered the roof still leaked. Because the contract merged into the deed, Steele cannot sue Stone for breach of the repair obligation.
Sentinel Security, an LLC with its principal place of business in the Southern District of New York, sues a supplier for breach in that district. Under the venue statute the LLC is deemed to reside only where it maintains its principal place of business, so the action is properly venued there.
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Southland Foods, a limited liability company, contracts to buy equipment that arrives defective. Southland Foods sues the manufacturer directly in its own name rather than through its members. The uniform act grants the LLC capacity to sue in its own name, allowing the company to proceed without joining the members.
Silverline Industries, a general partnership, is owed payment on a promissory note. The partnership sues the maker in the name of the partnership. The uniform act expressly authorizes a partnership to sue in the name of the partnership, so the action proceeds without naming the individual partners as plaintiffs.
Steven Silva is subjected to an unreasonable search by federal agents. He sues the agents for damages under the Fourth Amendment even though no statute expressly creates the cause of action. The Supreme Court recognized an implied right to sue federal officers for constitutional violations, allowing Silva's claim to proceed.
Sophia Singh, a pregnant woman, sues a district attorney to enjoin enforcement of a state criminal abortion statute. She alleges the statute violates her constitutional rights. The Supreme Court held that she has standing to sue, permitting the federal court to reach the merits of her claim.
Merger discharges contractual promises not embodied in the deed, so a buyer generally cannot sue for breach of those terms after accepting the deed. Exceptions remain for fraud, mutual mistake, or promises collateral to the transfer.
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An LLC is deemed to reside, as plaintiff, only in the district of its principal place of business. As defendant it resides in any district where it is subject to personal jurisdiction.
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Yes. The uniform act grants a partnership the capacity to sue and be sued in the name of the partnership itself.
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The uniform limited liability company act expressly confers on an LLC the capacity to sue and be sued in its own name.
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…Court for the Northern District of Texas, to which the action was referred, held that the Does and Hallford had no standing to sue, but that Roe did have standing, and that the Texas abortion laws were unconstitutional. The court declared the laws void but refused to issue an injunction against their enforcement.…