Written by attorneys · grounded in primary & secondary sources — see below
A party to a lawsuit. The term encompasses both plaintiffs and defendants who assert or defend claims in judicial proceedings.
Luna Lang sued her former employer for wrongful termination. During closing argument her lawyer stated that the company's CEO was personally responsible for the firing and deserved punishment. The opposing counsel objected that the remark violated ethical limits on statements about a civil litigant's culpability.
Leo Lynch proved that Loyal Insurance breached its policy but could not show any actual financial loss. The court entered judgment in his favor and awarded one dollar in nominal damages to recognize that a litigant had established the cause of action.
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Latoya Lane sued a university for employment discrimination. The assigned federal judge had previously served as a trustee of the university while it negotiated with Lane's counsel. After the conflict surfaced, the court of appeals vacated the judgment because the judge should have recused himself from the litigant's case.
Landon Long, a physician, filed suit to challenge a state criminal statute restricting certain medical procedures. The court held that Long had standing as the direct target of the statute and could assert his own constitutional rights as a litigant.
Lucas Lee alleged that federal agents violated his Fourth Amendment rights during a search. He brought a damages action directly under the Constitution, seeking relief as a litigant whose federal rights had been invaded without statutory authorization for the remedy.
Levi Lowe filed a federal antitrust complaint alleging parallel conduct by several telecommunications firms. The district court dismissed the action, holding that the allegations failed to state a plausible claim under the standard governing a litigant's complaint.
A litigant is a party to a lawsuit. The term covers both plaintiffs who initiate claims and defendants who respond to them in judicial proceedings.
Supporting sources
Model Rule 3.4(e) prohibits a lawyer from stating a personal opinion about the culpability of a civil litigant or the credibility of a witness during trial. The rule prevents lawyers from becoming unsworn witnesses about the parties.
A litigant who establishes a cause of action but fails to prove compensable loss receives nominal damages. The award recognizes the legal right without compensating for actual harm.
Yes. Under the First Amendment overbreadth doctrine a litigant may attack a law restricting expressive activity as substantially overbroad on its face to prevent chilling of protected speech by others.
…123. 2. Roe had standing to sue; the Does and Hallford did not. Pp. 123-129. (a) The normal rule of federal standing 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.…