Also known as: plaintiffs · claimant
Written by attorneys · grounded in primary & secondary sources — see below
The party who commences a civil action in a court of law.
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Paige Porter holds the note on a commercial property after the borrower defaults on payments. She files a foreclosure action in state court naming the original mortgagor and a junior lienholder as defendants. The court treats Paige as the plaintiff and requires notice to all necessary parties before ordering the sale.
Pedro Pacheco sues a corporation for breach of contract and sends a written notice asking the defendant to waive formal summons service. The defendant receives the notice and must decide whether to accept service or force the plaintiff to incur additional costs. The court recognizes Pedro as the plaintiff entitled to request the waiver under the applicable rule.
Paula Pierce brings a derivative suit on behalf of a corporation alleging that directors breached their duties. After a special committee determines that continuing the suit is not in the corporation's best interests, Paula must plead specific facts showing the committee failed to meet statutory requirements. The court identifies Paula as the plaintiff bearing the initial burden on that issue.
Pierce Patterson claims an implied easement across neighboring land after a prior conveyance severed access to his parcel. He files suit against the current owner and must prove the extent of necessity for the easement. The court treats Pierce as the plaintiff whose claim turns on that factual showing.
Parker Phillips suffers injury when a heavy object falls from a building under the defendant's exclusive control. He sues in tort and relies on circumstantial evidence to infer negligence within the defendant's duty. The court recognizes Parker as the plaintiff entitled to have the jury decide whether the inference applies.
Pamela Phillips files a civil complaint containing only conclusory assertions of wrongdoing. The defendant moves to dismiss, arguing the allegations fail to state a plausible claim. The court dismisses the action because Pamela, as plaintiff, did not plead facts that make relief plausible rather than merely possible.
The mortgagee or holder of the note typically serves as the plaintiff. Necessary parties such as the mortgagor must receive notice, and failure to join them can affect the validity of the sale.
The plaintiff must allege with particularity facts showing that the committee failed to meet the statutory requirements for its determination. The burden of proof then depends on whether the committee consisted of qualified directors.
The plaintiff must plead well-pleaded factual allegations that plausibly give rise to relief. Conclusory statements are disregarded, and the remaining facts must make the claim plausible rather than merely possible.
…abortions, and a married couple (the Does), who had no children and whose wife was not pregnant, joined in the action as plaintiffs. The Does alleged that they were a childless married couple, that the wife had a medical condition making pregnancy dangerous, and that they had been unable to find a doctor willing to…