Also known as:party in litigation · parties to litigation · litigants · litigation parties
Written by attorneys · grounded in primary & secondary sources — see below
The individuals or entities who assert claims or defend against them in a judicial proceeding.
Sources & Authorities
How it applies
Common Examples
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Gender-Based Jury Strike
Pearl Porter sued Prime Logistics for employment discrimination. During jury selection the company's lawyer used peremptory challenges to remove all female members of the venire. The court sustained the objection and seated the struck jurors because the strikes rested solely on gender.
Racial Strike by Private Party
Pamela Phillips sued Paragon Construction for breach of contract. The defense attorney struck every Black prospective juror. The trial court disallowed the strikes because jury selection is a state function and private litigants may not discriminate on race.
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Cases
Statutes
Model Codes
Restatements
Study Supplements
Pierce Patterson left his in-house role at Progressive Healthcare and joined a firm representing a competitor in a contract dispute. The court disqualified the entire firm because Patterson had substantial responsibility for the same matter while at the company and no effective screen was implemented.
Judge Holding Municipal Bonds
Preston Pratt owned bonds issued by the city that was a defendant in a pending tort case before him. The judicial conduct commission imposed discipline because the ongoing financial interest created an appearance of impropriety even though the judge had not ruled on any bond-related issue.
Repeated Judicial Errors
Judge Paula Pierce repeatedly directed guilty verdicts in criminal trials, proceeded without counsel present, and failed to advise defendants of appeal rights. The commission removed her for gross incompetence that violated the duty of diligence owed to all litigants.
Pleading Standard Challenge
Perry Pratt filed a complaint against Patriot Insurance alleging an antitrust conspiracy but supplied only parallel conduct without additional facts. The court dismissed the action because the allegations did not state a plausible claim for relief.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Common questions
Frequently Asked
4
Which party must file ownership disclosures in a federal criminal case involving a corporate defendant and an organizational victim?+
The nongovernmental corporate defendant must file a statement identifying any parent corporation and any publicly held corporation owning ten percent or more of its stock. The prosecutor must make a comparable disclosure for any organizational victim unless good cause is shown.
Supporting sources
When does use of peremptory challenges by a private litigant in a civil case become state action?+
Jury selection is a traditional public function performed with significant court participation. Therefore private litigants may not exercise peremptory challenges in a racially discriminatory manner.
Supporting sources
What obligation does a former in-house counsel have when the new firm represents an adverse party in a substantially related matter?+
The lawyer is disqualified if the lawyer had personal and substantial responsibility for the matter at the company. Absent prompt and effective screening the entire firm is also disqualified.
Supporting sources
May a judge continue to hold bonds issued by a municipality that is a party before the court?+
No. Continued ownership creates an appearance of impropriety and potential conflict even if the judge does not participate in any decision affecting the bonds.
Supporting sources
576 U.S. 644 (2015)Legislation and Regulation
…recognition of their relationships, along with corresponding government benefits. Our cases have consistently refused to allow litigants to convert the shield provided by constitutional liberties into a sword to demand positive entitlements from the State. See DeShaney v. Winnebago County Dept. of Social Servs. , 489 U.S.…