The typical case in which the one-plaintiff rule is invoked is one in which plaintiffs challenge the legality of some governmental policy and seek declaratory and injunctive relief.
Consider the situation in which all plaintiffs in a given case may well lack standing but some potential plaintiffs somewhere probably have it.
Plaintiff claims that Plaintiff has no obligation to pay no-fault claims to Blenman or to any of the Medical Provider Defendants because Blenman failed to comply with a condition precedent to coverage under the Policy.
Plaintiff commenced this action on November 19, 2014, by Summons and Complaint.
To establish fraudulent joinder, the out-of-state defendant often must present evidence upon removal to show that the plaintiff, based on the factual allegations, cannot recover against the non-diverse defendant, thereby rendering the claims not colorable.
These cases reflect that a federal court is not bound to accept a plaintiff's own testimony purportedly supporting the Complaint's allegations when other available evidence shows that they are either not true or cannot be true.
ordinary plaintiffs for the purpose of denying professional plaintiffs
This Part argues that modern professional plaintiffs have
More so, the plaintiffs
are praying for an order unfreezing their corporate and personal accounts frozen upon the orders/directives of the EFCC.
Lynch noted that the plaintiff
's argument against the application of judicial estoppel had not been accepted in any circuit, including the 1st Circuit.
argues it had a basis to suspect violations of the Lanham Act when it filed the initial complaint, since it had a valid registration for the VIVE mark, the record shows that its position became objectively unreasonable as soon as the litigation got started.
In 2008, Xerox notified the plaintiffs
that the plan offered in 1986 was being changed.