But after September, 2011, when the change became effective, the plaintiff would have to bring
a separate case against each defendant.
Not exact matches
The defense motions have included asking the judge to drop some charges, and give each
defendant a
separate trial to avoid having the
case against one prejudice the others.
In motions filed Friday night, attorneys for most of the
defendants said they want
separate trials for their clients to avoid the chance of unrelated evidence
against one or two
defendants tainting the others»
cases.
The federal
case against nine
defendants was so complex it was split into two
separate trials.
While there is precedent for filing the suit
against all of the
defendants together, other similar
cases have resulted in a judge ordering that there be
separate trials for each
defendant, making the plaintiff much less likely to sue each offender.
The
case involves
separate allegations
against two
separate sets of
defendants (Rand Simberg / CEI and Mark Steyn / NRO).
If, instead of bringing counterclaims in the original lawsuit, the
defendant brings a
separate lawsuit
against the plaintiff, the plaintiff could seek to either (1) consolidate the
cases if they are filed in the same court system (i.e. a federal
case and a federal
case, or a New York State
case and a New York State
case), or (2) move to dismiss the new lawsuit because the claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit pending resolution of the first lawsuit, or (4) move to dismiss the claims in the second lawsuit on the merits if it is apparent from the face of the countersuit that it does not state a claim upon which relief can be granted or was filed in the wrong court.