“ When the defense of laches is clear on the face of the complaint, and where it is clear that the plaintiff can prove no set of facts to avoid the insuperable bar, a court may consider the defense on a motion to dismiss .” Solow v. Nine West Group, 2001 WL 736794, * 3 ( S. D. N. Y.

When either a plaintiff ( or prosecutor ) or defendant brings direct evidence or testimony which was not anticipated, the other side may be granted a specific opportunity to rebut it.

When drafting his complaint, a plaintiff may be able to avoid dismissal on ripeness grounds by requesting alternative relief in the form of a declaratory judgment, which in many states and jurisdictions allows a court to declare the rights of parties under the facts as proven without actually ordering that anything be done.

When the defendant is served but does not answer the legal pleadings the plaintiff may seek a default judgment by application to the court.

When a final judgment is entered, the plaintiff is usually barred under the doctrine of res judicata from trying to bring the same or similar claim again against that defendant, or from relitigating any of the issues, even under different legal claims or theories.

When a unanimous decision is not reached and the jury feels that one is not possible, they declare themselves a ' hung jury ', a mistrial is declared and the trial will have to be redone at the discretion of the plaintiff.

When a court of equity is presented with a good claim to equitable relief, and it is clear that the plaintiff also sustained monetary damages, the court of equity has jurisdiction to render legal relief, e. g., monetary damages.

When applied in defense by a defendant it may be called a ' shield ', and where applied by a plaintiff it may be called a ' sword '.

When St. Louis lawyer Sidney Redmond, one of the three dozen African Americans then admitted to the Missouri bar, informed Charles Hamilton Houston, who was leading the NAACP's legal effort against the segregationist Jim Crow laws, that Gaines was willing to be a plaintiff, Houston at first asked him if he could find someone else.

When a cause of action is abolished, a plaintiff who seeks to allege such a cause could be met with a successful demurrer.

When the plaintiff sought to question the newspaper reporter about the article, the reporter and his newspaper refused, claiming protection under New Jersey's shield law.

When substantiating a civil fraud claim, the plaintiff is generally required to prove that the defendant falsely represented a material fact, that this representation was made with intent to deceive, that the plaintiff reasonably relied on the representation, and the representation resulted in damages to the plaintiff.

When there is an express contract for a stipulated amount and mode of compensation for services, the plaintiff cannot abandon the contract and resort to an action for a quantum meruit on an implied assumpsit.

When asked about the lawsuits that ended up coming from her family's involvement with Michael Jackson, June Chandler made the distinction that ( even though she was listed as a plaintiff and received settlement money ) it was not she who sued Jackson, but Jordan and his father Evan.

When, in early 1979, the decision was made in favor of the plaintiff, the publishers of Fantastica were without a usable name, and a pressing need to get the long-delayed issue to the printers.

When the moving party is the plaintiff, then it has to show that there's no way that a jury could find against it.

When U. S. states ( including the named plaintiff, California ) filed a lawsuit alleging antitrust violations, the defendant companies raised a number of defenses, asserting that the United States lacked jurisdiction over their acts, that various statutes exempted them from liability, and that principles of comity dictated that they should not be brought before a U. S. court.

When the family business failed, Mercer left school and on his mother's urging -- for she hoped that he would become an actor -- he joined a local little theater group.

When that failed, he enlisted Branch Rickey's aid in the formation of a third major league, the Continental, with New York as the key franchise.

When the Confederate attempt to defend Petersburg failed, the Confederate army retreated but was pursued and defeated, which resulted in Lee's surrender to Grant at Appomattox Court House on April 9, 1865.

When his quest to keep the team in Milwaukee finally failed after the 1965 season, he changed the group's name to Milwaukee Brewers Baseball Club, Inc., after the minor league baseball team he grew up watching, and devoted himself to returning Major League Baseball to Milwaukee.

When the coach failed and injured Winterbottom, he sued Wright.

When machine translation ( also known as mechanical translation ) failed to yield accurate translations right away, automated processing of human languages was recognized as far more complex than had originally been assumed.

When the business failed, his father would quietly turn the huge stacks of useless stationery and pencils over to his children, requiring them to use up all the material as fast as possible.

When Domitian found out, he allegedly murdered Paris in the street and promptly divorced his wife, with Suetonius further adding that once Domitia was exiled, Domitian took Julia as his mistress, who later died during a failed abortion.

When this plan failed, privateering became one of the major goals within the WIC.

When he failed in his attempts to meet General Yahya Khan, Masud too resigned from his position as Commander of Eastern Air Command, and took retirement from Air Force.

When Nature failed to do this spontaneously, contact with a conductor of animal magnetism was a necessary and sufficient remedy.

When Godzilla 1985 failed at the box office, it was the last Godzilla film produced by Toho to receive any major release in North American theaters until Godzilla 2000 fifteen years later.

When they failed, several went into hiding and established close ties with Cuba.

When the prophetic powers of the last of the Pythias failed her, Rassilion, Omega and a shadowy figure known as The Other seized power in the name of science and rationality.

When Edgar failed, they suggested to Ricordi that he should drop Puccini, but Ricordi said that he would stay with him and made him an allowance from his own pocket until his next opera.

When this failed and Barcelona fell to the Nationalists in early 1939, it was clear the war was over.

When the counter-attack failed to stop the Soviet advance, Hitler held Himmler personally liable and accused him of not following orders.

When Saddam Hussein failed to comply with this demand, the Gulf War ( Operation " Desert Storm ") ensued on January 17, 1991.

When it failed to become the hit that was expected, Frankenheimer admitted he developed a serious problem with alcohol.

When this threat failed, Innocent excommunicated the king in November 1209.

When the VNQDD fled to China after the failed uprising against the French, they settled in Yunnan and Canton, in two different branches.

" When Britain declared war on Germany in September 1939, contact with his Soviet controllers was lost and Philby failed to attend meetings.

When the storms failed to return in 1899, it was generally thought that the dust had moved on and storms were a thing of the past.

When a young mechanic failed to repair the car in a way satisfactory to Stein, the garage owner shouted at the boy, " You are all a " génération perdue.

When PenPoint failed in the marketplace, SmartSketch was ported to Microsoft Windows and Mac OS.