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Business Organizations Law

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2013

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Six Degrees Of Separation: From Derivative Suits To Shareholder Class Actions, Ángel Oquendo Jan 2013

Six Degrees Of Separation: From Derivative Suits To Shareholder Class Actions, Ángel Oquendo

Faculty Articles and Papers

Trans-individual litigation has revolutionized modern law. It has radically altered the manner of assertion and adjudication of legal claims. Beyond concerning a large number of people, the underlying suits operate in a unique fashion. In particular, they call for the constant protection of the interests of the parties on whose behalf the plaintiffs purport to speak. Not surprisingly, corporate law has partaken in this phenomenon. For instance, derivative suits allow individuals to sue for a larger collectivity, somewhat along the lines of the citizen suits established over a century later. Of course, they entertain the claims of the corporation, rather …