The Parties and Their Claims
CHAPTER 4: The Parties and Their Claims
Who or What is a Party
Definition of Parties:
The parties in a court action are the persons or entities who are ultimately the winners or losers of that action.
They initiate the interposition of government to resolve disputes that they were unable to settle themselves.
In many cases, the outcome is not wholly satisfactory for either party, indicating a risk inherent in seeking judicial resolution.
Titles Given to the Parties
Plaintiff:
The party who brings the action based on a claim or claims against the other party.
This party resorts to the courts first to settle the dispute.
The status of being a plaintiff does not inherently affect the outcome; victory is determined by proof and argument.
Multiple claims can be made by the plaintiff against the defendant regardless of their relationship.
Defendant:
The party who defends against the claims brought forth by the plaintiff.
The defendant needs to demonstrate that the claims made by the plaintiff lack merit in whole or in part.
The defendant may also possess a counterclaim against the plaintiff, unrelated to the original claim, which may be based on different circumstances.
Counterclaim:
A claim made by a defendant against a plaintiff within the same action.
The titles of plaintiff and defendant remain with the parties throughout the duration of the action.
Co-defendants:
If multiple defendants are involved, one defendant may assert a claim against other defendants within the same action, referred to as a Cross Claim.
Claims and Multiple Parties:
Several unrelated claims may be filed in the same action under CPLR § 601(a), although consumer credit transactions have a 5 claim limitation per CPLR § 601(b).
The decision to allow unrelated claims is at the discretion of the attorney and the court, considering potential confusion or impediments.
Cases from different courts may be consolidated under specific conditions, particularly in supreme and county courts, to save time and costs.
Special Proceedings
Designations in Special Proceedings:
In special proceedings, terms like Petitioner and Respondent are employed instead of Plaintiff and Defendant.
In appellate cases, parties are referred to as Appellant and Appellee, with indications of their designations from the trial level (example: Plaintiff-Appellee).
Nature of Special Proceedings:
Special Proceedings are authorized actions designed for swift attention and resolution.
These proceedings typically involve cases like infant claims, property garnishment, and enforcing money judgments.
Not all Special Proceedings fall under the CPLR; for example, eviction cases fall under the Real Property Actions and Proceedings Law.
Who May be a Party
Proper Parties:
A court cannot render enforceable judgments if the parties involved are not proper parties.
The dispute must involve the right parties with the correct interests represented to proceed.
Standing:
Plaintiffs must demonstrate standing, meaning they have suffered a loss due to the defendants' actions.
The loss does not have to be directly caused; it can stem from consequences linked to the defendants' actions with foreseeability.
Example of Standing:
An individual suffering injury due to inattention, as opposed to an attractive person, cannot successfully sue the latter.
Conversely, a pool owner may be liable if a child trespasses and is injured, given certain circumstances.
More Parties
Adding Parties to a Claim:
Once an action is initiated, additional parties can be joined through mechanisms like Interpleader and Impleader.
Interpleader:
This occurs when a party anticipates being sued by multiple plaintiffs for a similar claim.
It allows the threatened party to involve all necessary parties through a single action to resolve the issue collectively.
Impleader:
This term relates to bringing a "third party" into the case, a person not originally a party but may share liability regarding the injury or damages.
Joint and Several Liability:
Plaintiffs may collect the total judgment from one defendant with sufficient assets (deep pockets), regardless of shared liability among defendants.
If one pays more than their fair share, they can seek contribution from co-defendants.
Indemnification vs. Contribution:
Indemnification involves a party not directly responsible for the loss assuming financial responsibility due to their relationship with the party who caused the loss, while contribution involves shared liability.
Intervention:
Non-parties may seek to join an action if their interests are affected by the outcome, which must be done by motion for intervention.
Types of Intervention
Intervention by Right (CPLR 1012): Conditions include:
Statutory Authority:
The ability to intervene is conferred by a statute.
Class Actions:
Participation when interests are inadequately represented in class action judgments.
Real Property Concerns:
If the action concerns real property that may adversely impact the non-party.
Intervention by Permission (CPLR 1013):
Non-parties can move for permission to intervene at the court's discretion, which considers the legal, factual commonalities, potential delays, and prejudicial effects.
Substitution / Representation of Parties
Circumstances Necessitating Substitution:
If a party dies, becomes incompetent, or is under receivership, a court may order the substitution of a representative (not personally liable) to protect the interests of that party.
Guardians for Infants:
Infants are generally represented by parents unless the court appoints a guardian ad litem for their representation in legal matters.
Importance of Representation:
It's essential for legal representatives or parties to address the need for proper representation or substitution promptly to avoid complications.
Class Actions
Definition of Class Action:
A class action involves one or more parties initiating a lawsuit against a defendant or multiple defendants.
Typically arises when a group of individuals feels they are wronged (e.g., in Product Liability cases).
Representative of the Class:
A member is chosen to represent the interests of the class, proving that he/she can adequately represent the class, possesses characteristic claims, and has independent motives.
Class Action Standards:
Impractical Joinder:
If the class contains so many individuals that joining every member would be impractical.
Commonality:
Common issues and facts among members outweigh individual differences.
Typicality:
Claims must be typical of the class and address broader concerns rather than individual litigant needs.
Superiority of Class Action:
Must demonstrate that a class action is a superior method for resolving the collective claims.
Notice Requirements:
Reasonable notice of the class action must be provided to affected parties, approved by the court, including options for opting out of the class action.