Surowitz v. Hilton Hotels Corp

In Surowitz v. Hilton Hotels Corp., 383 U.S. 363, 366, 368, 86 S. Ct. 845, 15 L. Ed. 2d 807 (1966), the representative plaintiff was a Polish immigrant who did not understand her complaint, did not know the defendants by name, could not explain the nature of their alleged misconduct, and had little specific knowledge of her shareholder's derivative action. Nevertheless, the Supreme Court upheld her verification of the complaint under Rule 23 (b) and found no impediment to her serving as a class representative while relying on her counsel's advice and investigation; any other result would "prevent unsophisticated litigants from ever having their day in court." Id. at 373.