
Free US Law Dictionary
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Plaintiff
A plaintiff (Î in legal shorthand), also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (eg. an order for damages).
In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form and/or a complaint — these documents are known as pleadings — that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant(s) according to the rules of civil procedure.
Not all lawsuits are plenary actions, involving a full trial on the merits of the case. There are also simplified procedures, often called proceedings, in which the parties are termed petitioner instead of plaintiff, and respondent instead of defendant. There are also cases that do not technically involve two sides, such as petitions for specific statutory relief that require judicial approval; in those cases there are no respondents, just a petitioner.
A plaintiff identified by name in a class action is called a named plaintiff.
The party to whom the complaint is against is the defendant; or in the case of a petition, a respondent. Case names are usually given with the plaintiff first, as in Plaintiff v. Defendant.
Court Imposes Sanctions on Plaintiff and Counsel, Orders Plaintiff to Provide Access to Database and for Attorney and his Law Firm to Pay Defendant's Costs, Fees, and Expenses
Bray & Gillespie Mgmt. LLC v. Lexington Ins. Co., 2009 WL 546429 (M.D. Fla. Mar. 4, 2009)
This case arises from an insurance dispute following damage to Bray & Gillespie's ('B&G') resort properties from Hurricanes Charley, Frances, and Jeanne...
Jack Meligan "Plaintiff Loyal" Structured Settlements? "Plaintiff Loyal" Settlement Planning?
We all make mistakes and I'm no exception. But some of us are mature enough once we know we've made a mistake, to correct that mistake...
When the plaintiff and the defendant in a civil suit file cross-motions for summary judgment, and a federal district court grants the defendant's motion and denies the plaintiff's, what happens if the plaintiff appeals only from the denial of her motion?
When the plaintiff and the defendant in a civil suit file cross-motions for summary judgment, and a federal district court grants the defendant's motion and denies the plaintiff's, what happens if the plaintiff appeals only from the denial of her summary judgment motion? In a ruling issued today, the U...
Court Rejects Medical Malpractice Defendants’ Attempt to Allow Jury to Find Plaintiff’s Father and Cousin, Both Physicians, Liable for Plaintiff’s Injuries
The plaintiff in Antaki v. Lerman sued North Shore University Hospital Plainview and Craig C. Lerman, MD alleging that he was the victim of medical malpractice in the hospital’s emergency room for failure to diagnose the presence of the bacteria C-difficile in his colon, which failure ultimately led to undergo surgery including a subtotal colonoscopy [...
If a jury is erroneously instructed that it must find the plaintiff was at least 51 percent responsible for causing an accident, and the jury then finds the plaintiff was 53 percent responsible, did the erroneous instruction constitute harmless error?
If a jury is erroneously instructed that it must find the plaintiff was at least 51 percent responsible for causing an accident, and the jury then finds the plaintiff was 53 percent responsible, did the erroneous instruction constitute harmless error? A three-judge panel of the U...
Class Action Defense Cases–Walker v. Calumet City: Seventh Circuit Reverses Attorney Fee Award To Class Action Plaintiff Holding Dismissal Of Class Action As Moot Did Not Make Plaintiff Prevailing Party
Class Action Plaintiff not Entitled to Attorney Fee Award under 42 U.S.C. § 1988 Following District Court Dismissal of Class Action as Moot because Plaintiff was not “Prevailing Party” within the Meaning of Supreme Court Authority Seventh Circuit Holds
Plaintiff filed a putative class action against Calumet City, Illinois, alleging that she suffered damage because the enforcement of a local ordinance interfered with her ability to sell real property that she owned in the City; the class action complaint alleged that “the ordinance violated her right to procedural due process and unreasonably restrained the alienability of her property...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Should I hire a lawyer if injured in a car accident even if the other party admits fault and their insurance company is agreeing to pay damages?
If the person that caused an accident admits to liability you don't really need ...

What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Should I hire a lawyer if injured in a car accident even if the other party admits fault and their insurance company is agreeing to pay damages?
If the person that caused an accident admits to liability you don't really need ...















