plaintiff

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Related to plaintiff: defendant

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 ?

Although it may be too soon to draw any definitive conclusions, recent developments favoring plaintiffs in the underlying welding fume litigation could result in further pro-plaintiff decisions and settlements.

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By ruling that the plaintiff didn't need to present direct evidence of discrimination, the Court opened the door for plaintiffs to recover for discrimination, even if companies have a non-discriminatory reason for actions against employees.

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If expert testimony is not necessary for a plaintiff to bring a medical malpractice claim, the plaintiffs attorney must indicate it in the certificate of merit.

Pa. malpractice reforms could set the pace for other states. (Health Law)

On appeal, the plaintiff asserted, among other things, that the officer's action in firing at the vehicle violated the department's policy which explicitly prohibited shooting at moving vehicles and using deadly force to apprehend suspected misdemeanants.

Liability implications of departmental policy violations

Historically, juries have returned massive toxic tort judgments in favor of plaintiffs.

Dividing it up: insurers can benefit from legislation amending the practice of joint and several liability, but in some cases they need to ask about plaintiffs' previous settlements

Thus, the plaintiff may hold a security" interest in the entity or qualified funding asset.

Structured settlements and nonqualified assignments

The failure of the lease to address the issue of tax refund allows the plaintiff to seek recovery of the refund on the theory of unjust enrichment.

Tax refund case question of who paid the RE taxes

In this case, in which the evidence does not establish when plaintiffs knew or should have known that the tax advice was flawed, the deficiency notice marks the latest date on which their malpractice action could have begun to accrue.

Texas Supreme Court rules on tax statute of limitations in malpractice case

3) Initially, the plaintiff must prove a primo facie case by a preponderance of the evidence.

Management difficulties with discrimination complaints

A plaintiff is subject to a significant (and arguably unfair) increase in tax when a fee award is included in gross income because, as a miscellaneous itemized deduction, it is subject to total disallowance for AMT purposes.