This is true even if individual plaintiffs attempt the certify a class of all tribal members; the tribe itself must sue.
The plaintiff must attempt to minimize the loss arising from the breach, referred to as a 'duty to mitigate your loss'.
In the case, the plaintiffs attempted unsuccessfully to prevent the deployment of troops to Iraq.
Binnie J concludes that the plaintiff in this case is attempting to pass off an economic right as a moral right.
"The plaintiffs are attempting to use a U.S. law to punish him for his speech," Mr. Rosen said.
The plaintiff, Surocco, was attempting to remove goods from his home while the fire raged nearby.
She added, "If Napster is correct, these plaintiffs are attempting the near monopolization of the digital distribution market."
The plaintiffs were attempting to make the amount variable based on size.
Commentators believed that the plaintiffs may attempt to bring their case before the European Court of Human Rights.
The judge cited "inferences that there was a motive related to the content of the speech that these plaintiffs were attempting to exercise."