Also known as: claimants · plaintiff · petitioner
Written by attorneys · grounded in primary & secondary sources — see below
A party asserting a right or demand in a legal proceeding. The term encompasses plaintiffs in civil actions, mortgagees in foreclosure, and persons seeking recognition of interests such as easements.
Central Dynamics held a note secured by a mortgage on Cedar Creek Farms. After default, Central Dynamics initiated foreclosure and joined all junior lienholders as required by state statute. The court confirmed that Central Dynamics, as the primary claimant, could proceed to sale once notice was properly given to every necessary party.
Claire Campbell filed suit against Compass Logistics and sent a written notice requesting waiver of summons. Compass Logistics accepted the request and avoided the expense of formal service. The court later noted that Claire, as claimant, had properly invoked the waiver procedure under the federal rules.
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Craig Caldwell brought a derivative action on behalf of Cardinal Insurance. After the board rejected the demand, Craig had to plead specific facts showing that the rejection failed to satisfy the statutory prerequisites. The court dismissed the claim because Craig, as claimant, had not met the particularity requirement.
Caleb Chang sought an easement across neighboring land to reach a landlocked parcel. The court weighed the extent of necessity to Caleb as claimant along with other factors listed in the Restatement. Because the necessity was substantial, the easement was granted.
Corinne Cho was injured when equipment fell in a store owned by Cedar Creek Farms. The court applied res ipsa loquitur after finding that the negligence was within the scope of the store's duty to Corinne as claimant. The jury was permitted to infer liability from the circumstances.
Cameron Cruz alleged that federal officers violated his constitutional rights and sought damages directly under the Constitution. The court held that federal question jurisdiction existed even without an express statutory cause of action because Cameron, as claimant, had asserted a federal right to relief.
The mortgagee or note holder is typically the claimant. State statutes also require joinder of the mortgagor and may require joinder of junior lienholders and tenants so that all interests are addressed before sale.
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The claimant must allege with particularity facts showing that the board's determination did not satisfy statutory prerequisites. Failure to do so prevents the claimant from contesting the rejection.
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The claimant is the party seeking recognition of the easement. Courts evaluate the extent of necessity to that claimant along with other factors such as prior use and reciprocal benefits.
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The claimant must still show that the indicated negligence falls within the scope of the defendant's duty. The doctrine supplies an inference of breach but does not eliminate the duty element.
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…is that a litigant may assert only his own constitutional rights or immunities. The rule has no application where, as here, the plaintiff is himself or herself the immediate object of the challenged statute. Pp. 123-129. (b) The Does' complaint based on their own and their wives' alleged injury from the future possibility of…