Also known as: plaintiff · plaintiffs · plf.
Written by attorneys · grounded in primary & secondary sources — see below
The party who commences a civil action by filing a complaint and seeking relief from the court against one or more defendants.
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Preston Pratt holds the note secured by Pamela Phillips's property and commences foreclosure after default. As plaintiff he joins the mortgagor and junior lienholders as necessary parties and provides them notice of the proceeding. The court can then extinguish those interests through a valid sale.
Penelope Price files suit against Pedro Pacheco and sends a written notice requesting waiver of summons service. Pacheco has a duty to avoid unnecessary service expenses by agreeing to the waiver. Price thereby saves the cost of formal service while preserving the action.
Priya Prasad brings a derivative action on behalf of Phoenix Technologies. After a qualified committee determines that continuing the suit is not in the corporation's best interests, Prasad must allege with particularity facts showing the committee failed to meet statutory requirements. The court then evaluates whether the determination stands.
Parker Phillips is injured when an instrumentality under Paragon Construction's exclusive control malfunctions in a manner that does not ordinarily occur without negligence. As plaintiff, Phillips shows that the indicated negligence falls within the defendant's duty to him. The court permits the jury to infer breach from the circumstances alone.
Pamela Phillips alleges that Pulse Media violated federal law but includes only conclusory assertions without supporting facts. The court disregards those conclusions and examines whether the remaining factual allegations plausibly entitle her to relief. Because the claim remains merely possible rather than plausible, the complaint is dismissed.
Premier Manufacturing sues a defendant in federal court. As plaintiff the corporation is deemed to reside only in the judicial district where it maintains its principal place of business. Venue is therefore proper solely in that district regardless of where the defendant resides.
The mortgagee or holder of the note ordinarily commences the proceeding as plaintiff. State statutes also require joinder of the mortgagor and may require joinder of junior lienholders or tenants who hold interests in the property.
Supporting sources
The plaintiff may notify a defendant subject to service under Rules 4(e), (f), or (h) that an action has been commenced and request waiver of summons service. The notice must be in writing and addressed to the individual defendant or an appropriate officer or agent of a corporation or association.
…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…
…p. 38. He brought suit to be shown as the surviving spouse on Arthur’s death certificate. April DeBoer and Jayne Rowse are co-plaintiffs in the case from Michigan. They celebrated a commitment ceremony to honor their permanent relation in 2007. They both work as nurses, DeBoer in a neonatal unit and Rowse in an emergency…
…by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs
…as declared by its highest court in Falchetti v. Pennsylvania R. Co. , 307 Pa. 203; 160 A. 859, the only duty owed to the plaintiff was to refrain from wilful or wanton injury. The
…special transferable development rights afforded Penn Central as an owner of a landmark site did not “provide compensation to plaintiffs
Supporting sources
When a qualified committee determines that maintaining the derivative proceeding is not in the corporation's best interests, the plaintiff must allege with particularity facts establishing that the committee failed to satisfy the statutory prerequisites. The burden of proof then depends on whether the committee consisted of qualified directors.
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The plaintiff must show that the event ordinarily does not occur without negligence, that other responsible causes are eliminated by the evidence, and that the indicated negligence falls within the defendant's duty to the plaintiff. The court decides whether the inference may reasonably be drawn. The jury decides whether it should be drawn.
Supporting sources
The plaintiff must plead well-pleaded factual allegations that, taken as true, plausibly give rise to an entitlement to relief. Mere conclusory allegations are disregarded, and allegations that are merely possible rather than plausible fail to state a claim.
Supporting sources