Can judicial dissolution be added as a condition to a class action personal injury suit
Let's say a company is involved in illegal business practices in one example.
In the second example, if an employers agent or ownership engages in an unlawful act against an employee statutorily is the arbitration clause subject to supremacy over statutory relief?
3 attorney answers
You would need to have a claim for which dissolution of a corporation is a remedy recognized by the law. I'm not aware of a claim that provides such a remedy.
Most civil claims, including claims brought in class actions, provide for monetary damages. Some statutes also provide financial penalties and/or liquidated damages -- i.e., a specified amount of money awarded for the violation of the statute. Finally, some claims allow certain forms of injunctive relief -- most commonly, a court order requiring the wrongdoer to cease his/her/its illegal conduct.
In any event, if you want to bring a class action, you will need to be represented by an attorney who is experienced in handling such cases. Find one if you haven't already.
Legal Information is Not Legal Advice My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide...
The only people who would ever be able to obtain dissolution as a remedy for anything would be shareholders or owners. A lawsuit brought by a non-owner would never result in a court dissolving a defendant against the wishes of the owner(s).
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You can't do a class action without a licensed lawyer, so you should be consulting with lawyers with an eye to retaining one if you have a case. I have very limited experience in that area, but for what it is worth, I have not seen a case that sought that, let alone one that got it.
In terms of statute "vs" arbitration clause, the statute might set forth the elements of the cause of action and the relief available, but that would not mean it could not be arbitrated. If the statute specifically says that the claim goes to litigation even if there is an arbitration clause, that would be different.
Again, you need to consult with a lawyer. Your questions aren't going to be answered to your satisfaction here.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.