Word: plaintiffs
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...this was Greek to Mrs. Surowitz, but she readily agreed to act as plaintiff in a shareholder's suit alleging fraud. Since Rule 23 (b) of the Federal Rules of Civil Procedure requires that "the complaint shall be verified by oath," she swore to her belief in the truth of its contents before a notary public. Skeptical, Hilton's lawyers forced Mrs. Surowitz to take the stand in a Chicago federal district court to prove her understanding of all the details in her 60-page complaint. Naturally, she flunked the quiz. Calling it "a sham," the judge dismissed...
...Need for Answers. Speaking for the Supreme Court in a 7-to-0 decision last week, Justice Hugo Black scorned the lower courts' apparent notion "that a woman like Mrs. Surowitz, who is uneducated generally and illiterate in economic matters, could never under any circumstances be a plaintiff in a derivative suit brought in the federal courts to protect her stock interests." Whatever its technicalities, said Black, Rule 23 (b) "was written to further, not defeat, the ends of justice." Added he: "It has now been practically three years since the complaint was filed...
Unhappily for the airline, France has yet to ratify that treaty. As a result, Plaintiff Rossow was able to rely on a 1924 French law that says: "The right of an aerial vehicle to fly over private property cannot be exercised in such conditions as to interfere with the rights of the proprietor." Those rights, said the plaintiff, were clearly violated since the jets created a 115-decibel din, a nerve-snapping 45 decibels above what scientists say humans can tolerate. To the airline's shock a court of appeals upheld Rossow, noting only that any lack of effort...
Even if A.I.D. is "adultery," the plaintiff husband in a divorce suit is still in trouble. If he consented, his wife may claim "condonation" (his tacit forgiveness), which usually bars divorce. If he did not consent, he may still be unable to prove that A.I.D. ever took place: he does not know the donor, his wife has a right to silence, and the doctor may not be allowed to testify if she objects. As a result, the husband faces the difficult job of proving that he actually was sterile nine months before the birth of his wife's child...
...unable to prove that Webster was the society's legal agent, and he was forced to withdraw his federal suit. When that happened, the Birch Society, which had filed a countersuit against McGaw, also called off its lawyers. Had the Birch Society gone into court as a plaintiff, it would have faced the difficult task of proving that it had suffered damages from McGaw's editorial. More important, it could have been forced to produce the same membership lists that it was so anxious to keep under wraps...