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https://uslawessentials.com/what-does-pleading-alternative-mean/
Pleading in the alternative means that a party in a civil litigation may plead different and even inconsistent legal theories or facts at the outset of a case. Here, pleading refers to Complaints and Answers and affirmative defenses.
https://blogs.findlaw.com/strategist/2018/04/pros-and-cons-of-pleading-in-the-alternative.html
Pleading in the alternative has long been an accepted practice for both plaintiffs and defendants. Although courts may be quick to knock out causes of action for being duplicative, many practitioners don't hesitate to plead almost every viable alternative theory, or request for relief.Author: George Khoury, Esq.
https://www.davisanddavispc.com/blog/2015/august/the-importance-of-pleading-in-the-alternative/
Aug 21, 2015 · The Importance of Pleading In the Alternative. Pursuant to the Fair Labor Standards Act (FLSA), in order to in order to bring a lawsuit for failure to pay overtime, an employee must meet the burden of proving a nexus to interstate commerce.
https://legal-dictionary.thefreedictionary.com/pleading+in+the+alternative
alternative pleading. n. a legal fiction in which a party to a lawsuit or a defendant charged with a crime can plead two ways which are inconsistent with each other. Examples: a) someone hurt in an accident can plead that the other party was negligent or ran into him intentionally.
https://definitions.uslegal.com/a/alternative-pleading/
Alternative Pleading Alternative pleading generally refers to the legal practice of putting forth alternative theories of liability in a dispute. Such theories are inconsistent and contradictory and the party presenting them may rely on each one separately as a basis for recovery.
https://law.lis.virginia.gov/vacode/title8.01/chapter7/section8.01-281/
Nov 01, 2019 · Pleading in alternative; separate trial on motion of party. A. A party asserting either a claim, counterclaim, cross-claim, or third-party claim or a defense may plead alternative facts and theories of recovery against alternative parties, provided that such claims, defenses, or demands for relief so joined arise out of the same transaction or occurrence.
https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3011&context=ylj
attained by allowing pleadings in the alternative. Certainty in pleading is necessary in order to apprize the adversary of the issues involved. that he may be prepared to defend his cause. If that is the reason for the requirement of certainty, then it must be construed as a requirementAuthor: Gregory Hankin
https://www.floridacivpro.com/rules-1-010-to-1-250/1-110-general-rules-of-pleading/
Relief in the alternative or of several different types may be demanded. Every complaint shall be considered to demand general relief. (c) The Answer. In the answer a pleader shall state in short and plain terms the pleader’s defenses to each claim asserted and shall admit or deny the averments on which the adverse party relies.
https://www.law.cornell.edu/rules/frcp/rule_8
(2) Alternative Statements of a Claim or Defense. A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.
https://www.justanswer.com/personal-injury-law/bbhe5-regarding-pleading-alternative-claim.html
Jun 10, 2018 · Pleading in the alternative is something where a person has multiple theories for recovery in a case and that is allowed and is done in the same pleading not in multiple pleadings. So you would make your alternative claims in the one pleading. You can quote from your affidavit from merit in …5/5(141.1K)
https://libguides.depaul.edu/c.php?g=504427
Mar 16, 2018 · Federal Rule 12(e) allows for the defendant to file a motion for a more definite statement when the complaint is too vague. The motion must be filed before filing a responsive pleading (the answer). The alternative to attacking a complaint is to file a 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted.Author: Anne Hudson
https://provemyfloridacase.com/tag/alternative-pleading/
Oftentimes, a plaintiff will plead alternative claims or theories of liability against a defendant(s). Pleading in the alternative is allowed under Florida Rule of Civil Procedure 1.110(g). The plaintiff is entitled to elect--between two mutually exclusive (alternative) remedies--the remedy it prefers any time prior to the entry of final judgment.
https://law.justia.com/codes/illinois/2005/chapter56/61878.html
The first pleading by the plaintiff shall be designated a complaint. The first pleading by the defendant shall be designated an answer. If new matter by way of defense is pleaded in the answer, a reply shall be filed by the plaintiff, but the filing of a reply is not an admission of the legal sufficiency of the new matter.
https://www.lexology.com/library/detail.aspx?g=84d5f85f-114b-412e-a725-d9576c02f931
Jan 24, 2017 · Therefore, the alternative claim was impermissible as a matter of pleading. As a result, the court ordered the exclusion of those paragraphs of the plaintiff's pleading which put forward an...
https://law.justia.com/cases/california/court-of-appeal/3d/39/241.html
Plaintiff, a 19-year-old young man, suffered severe, permanent injuries as a result of an intersection automobile collision between a vehicle operated by him and one operated by defendant. The cause came to trial on a complaint alleging a cause of action based on negligence and a cause of action based on willful misconduct.
https://www.youtube.com/watch?v=M5he3p2Whpk
Jul 13, 2017 · A pleading in the alternative sets forth multiple claims or defenses either hypothetically or alternatively, such that if one of the claims or defenses are held invalid or insufficient, the other...
https://www.lexic.us/definition-of/pleading_in_the_alternative
pleading in the alternative.—If a pleader Is In doubt whether ..." 2. A Treatise on Pleading and Practice in Courts of Record in Civil Cases in by Arthur B. Honnold (1922) "pleading in the alternative An alternative statement of facts, under either of which the opposite party would be liable, may be pleaded, ..." 3.
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