What is the difference between a representative and a derivative action?

"New York", United States of America

The following excerpt is from Lazar v. Knolls Coop. Section No. 2, 205 Misc. 748 (N.Y. Sup. Ct. 1954):

Although there is dictum in Gordon v. Elliman (280 App. Div. 655), which appears to sweep away the distinction between a representative and a derivative action, it is my opinion that such distinction exists. The plaintiff does not challenge acts of the management on behalf of the corporation. He challenges the right of the present management to exclude him and other stockholders from proper participation in the affairs of the corporation. He claims that the defendants are interfering with the plaintiff's rights and privileges as stockholders.

Other Questions


Can a plaintiff in a medical malpractice class action represent the class if they disagree with the course of the action? (MultiRegion, United States of America)
Does a judgment of dismissal of a stockholder's derivative suit for failure to answer interrogatories bar a subsequent derivative suit based on the same cause of action? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
When an action is transferred to a different court in a different jurisdiction under Section 1404(a) of the Civil Code of Civil Procedure, what state law applies in the other court? (MultiRegion, United States of America)
Is there any difference between the actions of the same attorney in one action and the other? (MultiRegion, United States of America)
What is the difference between a class action and a similar class action? (MultiRegion, United States of America)
Is a derivative action against a closely held corporation enforceable? (MultiRegion, United States of America)
What is the difference between a claim and a claim in which damages are awarded in two separate actions? (MultiRegion, United States of America)
Is a lawyer required to represent a class in a class action? (MultiRegion, United States of America)
Can a claim be struck against Her Majesty The Queen on the grounds that, as now pleaded, it discloses no cause of action and may prejudice or delay the fair trial of the action? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.