plaintiff

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Related to Plaintiffs: complainant

Plaintiff

The party who sues in a civil action; a complainant; the prosecution—that is, a state or the United States representing the people—in a criminal case.

plaintiff

n. the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights. (See: complaint, defendant, petitioner)

plaintiff

noun accuser, adversary, claimant, individual who brings a lawsuit, litigant, one who brings an action, opponent, party to the suit, party who sues, petitioner, petitor, suitor
Associated concepts: indispensable party plaintiff, nominal plaintiff, proper plaintiff, real plaintiff, third party plaintiff
Foreign phrases: Reus excipiendo fit actor.The defendant by pleading may make himself a plaintiff. Melior est condiiio possidentis ubi neuter jus habet. The condition of the possessor and that of the defendant is better than that of the plaintiff. Cum par delictum est duorum, semper oneratur petitor, et melior habetur possessoris causa. When there is equal fault on both sides, the burden is always placed on the plaintiff, and the cause of the possessor is preferred. In praeparatoriis ad judicium favetur actori. In those matters preceding judgment the plaintiff is favored.
See also: actor, claimant, complainant, litigant, party, suitor

plaintiff

the person bringing an action in court. In England and Wales now a claimant. For Scotland called a pursuer.

PLAINTIFF, practice. He who, in a personal action, seeks a remedy for an injury to his rights. Ham. on Parties, h.t.; 1 Chit. Pl. Index, h.t.; Chit. Pr. Index, h.t.; 1 Com. Dig. 36, 205, 308.
     2. Plaintiffs are legal or equitable. The legal plaintiff is he in whom the legal title or cause of action is vested. The equitable plaintiff is he who, not having the legal title, yet, is in equity entitled to the thing sued for; for example, when a suit is brought by Benjamin Franklin for the use of Robert Morris, Benjamin Franklin is the legal, and Robert Morris the equitable plaintiff. This is the usual manner of bringing suit, when the cause of action is not assignable at law, but is so in equity. Vide Bouv. Inst. Index, h.t.; Parties to Actions.

References in periodicals archive ?
In most welding fume cases, the plaintiffs have failed to convince the trier of fact of a connection between the exposure to welding fumes containing manganese and Parkinson's disease or some other neurological disorder such as parkinsonism or manganism.
Six circuits had held that the entire litigation recovery (including the portion paid to an attorney as a contingent fee) is income to the plaintiff, with little emphasis on state law; other circuits have been explicit that the fee portion of the recovery is always income to the plaintiff.
In these cases, plaintiffs may only win court orders to stop future unlawful employment practices and, possibly, recover their attorneys' fees.
Both the legislation and the rule changes are aimed squarely at ending venue shopping, the practice of plaintiffs filing suit in jurisdictions that historically have produced large damage awards in medical malpractice lawsuits, regardless of where the alleged negligence actually occurred.
LawCash then takes out a lien on the case, with plaintiffs generally receiving $500 to $100,000 up front.
Current law bars federal courts from hearing class actions where any of the named plaintiffs and named defendants are from the same state and requires that each proposed class member have a claim exceeding $75,000.
The plaintiffs asserted section 10(b) and rule 10b-5 (of the Securities Exchange Act of 1934) claims against the firm based on Cygne's 1993 and 1994 financial statements.
The frequency with which plaintiffs raise the issue undoubtedly perpetuates this view, with potentially unfortunate consequences for agencies and communities.
The jury, however, also found the such actions did not constitute a "taking or damaging" of plaintiffs' property entitling plaintiffs to compensation.
Three Tower Associates, sponsors of North Shore Towers cooperatives in Floral Park, Queens, has consented to give four black plaintiffs and the Open Housing Center $245,000 and to run 97 ads over the next four years featuring black models.
Alan Jacoby as Co-Lead Plaintiffs in a securities fraud class action against SendTec, Inc.