Can I file A Derivative Suit?


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bushmaster1313
January 30, 2013, 10:02 PM
If a company fritters away the stockholders resources the stockholders can bring a derivative suit.

Can I, a New Jersey resident, bring a derivative suit against someone in NJ government for frittering away money on a "gun buy back" without offering to resell those guns for good hard cash?

http://gunwatch.blogspot.com/2013/01/new-jersey-spends-300000-to-promote.html

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joeschmoe
January 30, 2013, 11:04 PM
Vote.

Sebastian the Ibis
January 30, 2013, 11:48 PM
No. The idea of a derivative suit is that you, as a stockholder, sue for mismanagement. You are not a stockholder of New Jersey.

Rail Driver
January 31, 2013, 12:19 AM
Good question though ... How WOULD one go about suing the government for misappropriation of funds?

Frank Ettin
January 31, 2013, 12:40 AM
Moving pretty far afield from gun law. I'll give folks a chance to bring this thread on topic. But if it doesn't get there soon, it will be closed.

archigos
January 31, 2013, 01:00 AM
Frank,
I think this thread really has some basic merit in the sense that it is proposing a mechanism for opposing the squandering of money for the purpose of destruction of guns. These guns could be sold or donated to people who could make great use from them and instead these gun buybacks do nothing to promote the common good. Perhaps this sort of thinking belongs more in activism or activism planning and discussion, but I do think its relevant to the preservation of our rights and safety.

I'm no legal expert, but I've never heard of a case where taxpayers successfully sued a government for squandering their money, though I think its a pretty valid complaint when there's no benefit derived from it. If there's a version or derivative of the OP's thought though that could actually have legal merit, it may be beneficial to see it happen.
However, I think its also important to consider that financial punishment to a government does not usually affect the agents of that government who violated the social contract; the government just pays out the money and the people pay for it in taxes. The only way to actually discourage anti-rights behavior of politicians and public officials is to take action that will [non-violently] harm them personally - make them pay out of their own wallet (does this ever happen?), get fired, get arrested, or lose their next election.

Girodin
January 31, 2013, 01:10 AM
There is generally speaking no tax payer standing. Furthermore you would need a claim beyond the spending simply being a bad idea (according to you, no less). Such things are handled through the political process.

Frank Ettin
January 31, 2013, 01:17 AM
I think this thread really has some basic merit in the sense that it is proposing a mechanism for opposing the squandering of money for the purpose of destruction of guns....It only has merit if someone can actually bring it on topic and make it relevant.

I'm skeptical. First, a derivative suit is a concept that applies in a corporate setting. How is this relevant for the purposes proposed?

Second, in general how government spends money is a political matter. If you don't like how your representatives are spending money, vote them out and elect other people. Of course, if someone in government is misappropriating government money for his personal use, there are other remedies. And it government enacts a law involving spending, which law is arguably outside its constitutional authority, that law can be challenged in court.

But I don't see this thread really going anywhere gun related. If the next post after mine can't bring this thread on track, I'm closing it.

bushmaster1313
January 31, 2013, 01:34 AM
It's been civil
Let's close it while we are ahead

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