Also known as: pursuers · pursuer's · plaintiff · claimant
Written by attorneys · grounded in primary & secondary sources — see below
A party who commences a civil proceeding. The term is used in Scots law and certain civil-law systems as the functional equivalent of a plaintiff.
Select any source to read its text and confirm it supports the definition.
Premier Manufacturing held a note secured by a factory. After default, it filed a foreclosure suit in the Court of Session naming the borrower and two junior lienholders. The court required notice to all necessary parties before the sale could extinguish their interests.
Pulse Media sued a supplier for breach. Its counsel sent a written notice and request for waiver of service to the supplier's registered agent. The supplier complied, avoiding the expense of formal service.
A shareholder of Pinnacle Holdings filed a derivative action alleging self-dealing. The board formed a committee that concluded the suit was not in the corporation's best interests. The shareholder's complaint failed to allege particularized facts showing the determination was improper.
Patricia Patel sought an easement across neighboring land to reach a public road. The court examined the extent of necessity to her parcel, the prior use of the land, and whether reciprocal benefits existed for both owners.
Pedro Pacheco was injured when a crane dropped a load. He showed the event ordinarily does not occur without negligence, eliminated other causes, and established that the indicated negligence fell within the crane operator's duty to him.
Phoebe Park alleged federal agents violated her constitutional rights during a search. She asserted a right to relief directly under the Constitution. The court recognized federal question jurisdiction even though the statute created no express private cause of action.
The term is used in Scots law and certain civil-law systems to designate the party who initiates a civil action. In common-law jurisdictions the equivalent term is plaintiff.
Supporting sources
The mortgagee or holder of the note is the pursuer. The mortgagor and any junior lienholders are necessary parties who must receive notice.
The pursuer must allege with particularity facts showing that the requirements for maintaining the action have not been met. A general allegation of bias is insufficient.
…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…