Plaintiff

Question: What must a plaintiff prove for a workplace discrimination case to succeed? Please locate online a news article where a plaintiff has filed a workplace discrimination suit. Briefly discuss the facts of the case and the laws that have allegedly been violated.

Answer: In Gross, the Court held that a plaintiff bringing a claim under the Age Discrimination in Employment Act (ADEA) must show by a preponderance of the evidence that age was the “but for” cause of the employer’s adverse employment decision. An employer does not have to prove that it would have made the same decision regardless of age, even if the employee produces some evidence that age may have been a contributing factor in the decision. Thus, the Court decided, the burden-shifting framework in mixed motive Title VII cases does not apply to age discrimination claims under the ADEA. Although a positive ruling for employers, Miller criticized this decision in a press release, stating: “The Supreme Court’s ruling will make it even more difficult for workers to stand up for their basic rights in the workplace. A narrow majority of the Supreme Court has once again overturned decades of precedent and congressional intent and sided with powerful corporate interests on a workplace discrimination case.” He further warned that “[l]ike with the Lilly Ledbetter case, Congress may be forced to clarify the law’s intent so we can prevent the damage this decision will have on workers’ civil rights.” The Lilly Ledbetter Fair Pay Act – which was signed into law in January – expressly overturned the Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc. by extending the time period in which employees can assert pay discrimination claims. Therefore, expect the introduction of legislation aiming to amend the ADEA to effectively nullify the Gross opinion, and make it easier for a plaintiff to bring successful disparate impact age discrimination claims against employers. http://www.dcemploymentlawupdate.com/...…

Question: What if the plaintiff does not allow us to depose their witnesses? I am involved in a civil litigation with someone. We are being sued. The plaintiff's original lawsuit against us was dismissed by the judge. Their attorney admitted to ours that their case was very weak. They have subsequently refiled citing various "facts" and the judge has since allowed their case to proceed. Our attorney asked to depose their witnesses and none have been provided. The deadline that was provided to them has come and gone. Would our attorney be able to file for a dismissal because of this or would we have to go to court without being able to interview their witnesses previously.

Answer: Depends on the laws in your state, and the specifics of your case. Generally speaking, lawyers are not free to refuse court orders in most circumstances; but only an attorney licensed to practice in your state and familiar with the specifics of your case would know the answer to this. The other side's behavior doesn't necessarily mean automatic dismissal. Your attorney definitely should bring this up with the court.

Question: What happens when the plaintiff doesn't show for court to defend a restraining order issued to an ex? Does the plaintiff get issued a warrant for their arrest? Or do they proceed without the plaintiff or is the restraining order dismissed? Does anyone know for sure? Will you let me know if this is what you've been told, seen, heard, or if you were a defendant or plaintiff in a case like such. THANKS EVERYONE FOR THE HELP!!!

Answer: They proceed without the plaintiff and the order is dismissed.

Question: How long after a deposition must a plaintiff decide to go to trial? At the beginning of February, I had a deposition over a gift that was said to be an engagement ring.I haven't heard anything from the plaintiff's attorney and it now mid May. How long do I need to wait before the court will drop or dismiss the case?

Answer: Are you the defendant? If so, ask your lawyer. If you were only a witness you would not necessarily hear anything about the case until you are subpoenaed for trial

Question: How much would top phd California plaintiff lawyers get paid? How much would a top phd california plaintiff lawyer get paid per year? Also what if the phd lawyer also was a barrister?

Answer: I'm not sure what you mean by "phd lawyer." Lawyers don't typically have Ph.D.s; they have JDs. And all of them have that; it's what they get for completing law school. Further, "plaintiff's lawyers" are usually secured on contingency and/or receive part of the settlement of a lawsuit if they win, nothing if they don't. That is why they are usually fairly picky about the cases they take.

Question: Does the plaintiff of a class action lawsuit make a lot of money? I know that the lawyer makes about 30% of the money. How much can a plaintiff make?

Answer: It would depend on the number of plaintiffs. For example, say you have 1000 plaintiffs, and the law firms get about 30%, you're right on that - and the recovery is $10 million. Then each plaintiff would get around $7,000 ($10 mil, - 30%, divided by 1000 plaintiffs.) Sometimes the lead plaintiff will get a little bit more (a few thousand, maybe) if they helped out on the class action. Btw, the lawyers do well, but you have to keep in mind this is a tremendously complex and difficult type of civil litigation to bring, and it takes a lot of money and resources on the part of the law firms. Many times, the suit wouldn't even have been brought otherwise.

Question: I need to find two cases where a plaintiff successfully sued for battery? I need to find two cases where the plaintiff successfully sued for civil battery or intentional infliction of emotional distress. I can't seem to locate any.

Answer: Check jury verdicts reports or similar services to find cases where plaintiffs sued successfully for those claims. Good luck, Dana

Question: How can a plaintiff find out if there is a relationship between the judge, the defendant, and her attorney? If I am a plaintiff, is there any kind of document that they could sign to help prevent me from biased judge's decisions? Can I even ask them about their relationship in the court room?

Answer: No

Question: Can you be sued again for the same thing in 2 different states when the plaintiff was given a judgment? Plaintiff in Maryland sued Connecticut resident in Maryland. CT resident did not respond to summons. Default judgment to Plaintiff. CT bank lawyers refused to garnish CT bank account due to lack of jurisdiction. Plaintiff now suing in CT for the same matter. Can she do that?

Answer: apparently -discuss this with your attorney.

Question: Can a plaintiff in CA Small Claims Court use a proxy to appear? This is an out-of-state relative threatening to sue (long story). Small Claims says the Plaintiff must appear personally; I just want to know if there are ever exceptions where a proxy is allowed to appear in the Plaintiff's stead? Thanks! In this case, I would be the defendant; the plaintiff would be a relative who lives out of state. I fully intend to show up and defend my case if it comes down to that.

Answer: Yes you must appear, it will do your cause no good if you don't. Just use a bit of common sense and good luck and be honest xxx

Question: Is it legal for a Plaintiff to question a defendants witness outside of court? My husband and I are defendants in a court case against his grandfather (the Plaintiff) and he stopped one of our witnesses at the local grocery and asked him if he was ready for trial. Isn't this like battery of a witness or something? It this legal?

Answer: You're thinking of witness tampering, and it isn't witness tampering unless he tries to get the witness to change his testimony.

Question: In an Unlawful Detainer case in California that is represented by an attorney, can Plaintiff sign the forms? When the forms says "signature of plaintiff or attorney for plaintiff" it shouldn't require the attorneys's signature should it? If so, what is the code section that demands it?

Answer: Code section? It's not a CODE section. The attorney is the agent of the plaintiff. When an attorney has filed a notice of appearance (either by filing a summons/complaint or by filing a notice of appearance) that attorney is placing the defendant, the court, and everyone else on notice that HE is the voice of the plaintiff. Unless or until that attorney files a notice of withdrawal, no pleading is valid without the signature of that attorney.

Question: How to file a motion for plaintiff to amend their complaint? I am representing myself (pro se) in a civil matter. The plaintiff has sued myself and my husband and my business. My husband has no involvement in the case and has never been a partner or share holder in the company. How do I get the suit amended so that it does not include my husband. The defendants are listed as Jane Doe d.b.a Jane Doe Realty and John Doe d.b.a Jane Doe realty. I am not sure why they included him as he has no previous or current involvement with my company. Any help would be appreciated.

Answer: You don't. Husband can make a motion to dismiss on his own behalf, if the complaint does not state facts showing his personal liability. The court can grant that motion or not, but cannot order the plaintiff to amend the complaint.

Question: In a personal injury case,does the barrister acting for the plaintiff share all the information about the case? UK When the barrister acting for the plaintiff seeks compensation,does he have to share all the medical files/reports with the other-side or do they play a game of bluff until the day of court? Thanks for any information.

Answer: In all PI disputes, the parties have a system of what is known as 'disclosure' whereby both sides share evidence and witness evidence. All litigation is very much "cards on the table" and that's why 98%+ of PI claims settle.

Question: What happens when the plaintiff cancels the case in district court? If the plaintiff cancels a case (for any reason) in district court suing the defendant, can the plaintiff file another case at a later date suing the exact same person?

Answer: Yes, The 'Double Jeopardy' clause, only applies to criminal defendants meaning, they cannot be tried twice for the same crime. Small Claims Court, and Civil Court, are different.

Question: Does one file answers to Interrogatories with the Plaintiff or the court or both? I am being sued by a junk debt collector for an old debt. I have filed the notice of intent to defend and the Plaintiff has served me with interrogatories. I have those answers completed and ready to file, the question is who gets these answers? Should I send a copy to both the court and the Plaintiff or just the court or just the Plaintiff? Maryland District Court is the venue.

Answer: They go to the plaintiff or plaintiff's attorney. The must be dated before the deadline and should include a "Proof of Service" signed by someone who is not a party to the lawsuit. This person must swear under penalty of perjury that they mailed the document on a date certain to the address mailed to. Typically, it must be in the mail within 24 hours after it is dated.

Question: In Texas, can a case be dismissed if a plaintiff disappears before trial? For example, a plaintiff files a case. Defendant deposes plaintiff. Then plaintiff disappears for months and no one knows where he or she is, including plaintiff's attorney. Can plaintiff's attorney still proceed with the suit even though no one knows where plaintiff is? Can defendant have case dismissed for want of prosecution? Citation to some authority, case, rule, would be highly appreciative.

Answer: If you're trying to get out of something by "disappearing" the plaintiff, that will not work for you.

Question: Is it unethical for a plaintiff's attorney to tell defendant attorney he intends to withdraw from the case? Isn't that information confidential between plaintiff's attorney and his or her client?

Answer: Attorneys are ethically bound not to disclose client confidences. I do not think the attorney was telling anything that was told to him by the client. Although there be other rules that also apply to this situation, if the attorney actually does withdraw soon afterwards, then there is nothing wrong with his statement to the opposing side that he intends to withdraw. There is a bigger problem if the attorney does not withdraw or if the attorney does not withdraw within a reasonable time frame after his statement.

Question: What is the timeframe that a plaintiff civil case can be reopen if her motion to dismissed was granted? I know that a Motion to Reopen a Sexual Harassment case has to be file but can a civil case be reopen since the plaintiff's motion to dismissed a case was granted by a federal judge in 06/2008.

Answer: It would depend on whether the case was dismissed "with prejudice" or "without prejudice." If it was dismissed with prejudice, you can't reopen it. If it was dismissed without prejudice you might be able to reopen, but 2 years is a long time in a sexual harassment case. I cannot find anything about how long you have to reopen the case. You can just file your motion and see what happens.

Question: What is the legal defense where the plaintiff has no legal standing because the 'tiff is not a legal entity? What is the name of a legal defense where the plaintiff has no legal standing because the plaintiff is not a legal entity; a trademark for example?

Answer: I think your question is "What does the defendant do to get a case dismissed because the plaintiff is a trademark rather than a legal 'person'?" (Corporations are legal persons for this purpose.) If that is the question, I imagine motions to dismiss for lack of personal and/or subject-matter jurisdiction and failure to state a claim for which relief may be granted would suffice for dismissal on summary judgment (assuming the pleadings could no longer be amended to add another plaintiff). All three motions could be made in one filing. Technically, these aren't "defenses" but rather pointing out to the court that the plaintiff's case, assuming all the facts alleged by the plaintiff are true, could still not possibly win. Of course, how in the world would a trademark have filed the claim in the first place? No lawyer who could pass the bar would fail to name the trademark-owner as the plaintiff in a case like this.