In some cases, there are conditions precedent to starting a lawsuit. Where applicable, the fact that you have completed these hurtles should get their own section within the complaint. Some examples of conditions precedent include demand upon the board of directors in a shareholders derivative action, filing a notice of claim in an action against a municipality, and filing an EEOC or NYS Division of Human Rights complaint in an employment discrimination or harrassment suit. These requirements can be imposed by statute, or by contract, and will require a party exhaust their administrative remedies (i.e., complete an internal grievance or appeal procedure) prior to filing suit. This requirement is fairly common in employment disputes, insurance disputes, and when dealing with government agencies.
<< Facts Common to All Causes of Action || "Pleadings" Table of Contents || Causes of Action >>
Subscribe to:
Post Comments (Atom)
Disclaimer: Nothing on this law blog should be understood to constitute legal advice or establish an attorney-client relationship. To the extent anything on this site may be considered attorney advertising, take notice that prior results do not guarantee a similar outcome.
No comments:
Post a Comment