For the same cause of action a single suit will lie and the two parties sued against shall be called defendants.
The executor of the estate will usually be substituted in as the plaintiff.
no
In the US, anyone can sue anyone for anything. The question is not whether you can sue, but whether you can win. This would be an action for battery. One of the defenses for battery is consent. If the defendant can prove that the plaintiff consented to the battery, the plaintiff will not be able to prevail.
In the US, anyone can sue anyone for anything. The question is not whether you can sue, but whether you can win.To win a case for defamation, the Plaintiff would have to meet all requirements under the state's definition of defamation (usually that defendant tarnished plaintiff's character, that such tarnish caused financial harm to plaintiff, etc.) If the call meets those requirements, the plaintiff may be able to win.Another View: Is this a trick question? If the call was anonymous - just WHO do you intend to bring suit against?
A demand letter is a letter from a potential plaintiff directed to the person they are considering suing. It usually explains that they are about to sue, why, and what they want in order to not sue.
both parties. by Rayhan
People who frequently sue others are sometimes referred to as "litigious individuals" or "serial litigators."
Threatening to sue has no legal weight whatsoever. On the other hand, if the plaintiff in a lawsuit dies, the matter may proceed with the plaintiff's heirs, etc.
No. Whoever files first is the Plaintiff. If the Defendant then chooses to "cross-sue", the Defendant will still be the defendant on the pleadings even though by virtue thereof, the defendant has launched what is called a counter-claim. In such a scenario, the Defendant will have to defend the Plaintiff's claim, and progress the counter-claim ---- in the same way the plaintiff will need to progress its claim as Plaintiff (and yes, in the same way, the Plaintiff will have to defend the counter-claim launched by the Defendant). By way of additional info, note that the "whoever files first" rule is generally applied to "fix" jurisdiction too. Although the general rule is that the Defendant should be sued in its own jurisdiction, rules modify this basic approach, most often by way of the applicable treaty (e.g. by "special jurisdiction" and "exclusive jurisdiction") and thus by such rules, often the plaintiff is able to sue in its own jurisdiction. Therefore if both potential parties believe they have a claim against the other, where the rules allow for the jurisdiction to be in the plaintiff's own, then it works on a "first come first served basis.
Yes you can sue soneone who has no money
No. Only intended beneficiaries and contract parties can sue for breach of contract.
Standing to sue is determined by whether the prospective plaintiff has shown that a personal legal interest has been invaded by the defendant. It is based on whether the person bringing the suit is the one injured or not.