Meantime, if you take any decision materially affecting the company or its shareholders we'll sue you each and individually.

Though cigarette smokers, their survivors and victims of second-hand smoke would still be able to sue individually, the proposal would limit the total amount that the industry would have to pay in court settlements to $5 billion a year.

After the planning board approved the plans, neighboring residents individually sued to stop the construction claiming that they owned a portion of the land.

Other members of the affected class are allowed to sue individually, but only if they have suffered "special damage".

But Sal Liccardo, a trial lawyer in San Jose, Calif., who represents 250 women with breast-implant claims, disputes the contention that courts would be hopelessly clogged if plaintiffs in such cases were given better recourse to sue individually.

Welles, in dissent, agreed that Blacksmith could individually sue for trespass, but disagreed that the appraisal was a condition precedent; he would have reversed and granted a new trial, with costs.

Smokers who opt out of existing class- action suits may still sue individually, but the total amount of awards in their suits would be limited to $5 billion in any year, paid from the industry fund.

However, it is still possible for the federal government to appeal and the witnesses can individually sue Bloomberg for discrimination.

In 2002, Front Sight, Inc. and Piazza individually sued Diana Hsieh for libel.

Wal-Mart's request for review, however, calls the judge's order "flatly contrary" to Supreme Court rulings, argues that it shoehorns existing law to permit the certification of the class and adds that it would actually undercompensate some women "whose rights to sue individually would be eliminated by the judgment."