Find link

language: af: Afrikaans als: Alemannisch [Alemannic] am: አማርኛ [Amharic] an: aragonés [Aragonese] ar: العربية [Arabic] arz: مصرى [Egyptian Arabic] as: অসমীয়া [Assamese] ast: asturianu [Asturian] az: azərbaycanca [Azerbaijani] azb: تۆرکجه [Southern Azerbaijani] ba: башҡортса [Bashkir] bar: Boarisch [Bavarian] bat-smg: žemaitėška [Samogitian] be: беларуская [Belarusian] be-tarask: беларуская (тарашкевіца) [Belarusian (Taraškievica)] bg: български [Bulgarian] bn: বাংলা [Bengali] bpy: বিষ্ণুপ্রিয়া মণিপুরী [Bishnupriya Manipuri] br: brezhoneg [Breton] bs: bosanski [Bosnian] bug: ᨅᨔ ᨕᨘᨁᨗ [Buginese] ca: català [Catalan] ce: нохчийн [Chechen] ceb: Cebuano ckb: کوردیی ناوەندی [Kurdish (Sorani)] cs: čeština [Czech] cv: Чӑвашла [Chuvash] cy: Cymraeg [Welsh] da: dansk [Danish] de: Deutsch [German] el: Ελληνικά [Greek] en: English eo: Esperanto es: español [Spanish] et: eesti [Estonian] eu: euskara [Basque] fa: فارسی [Persian] fi: suomi [Finnish] fo: føroyskt [Faroese] fr: français [French] fy: Frysk [West Frisian] ga: Gaeilge [Irish] gd: Gàidhlig [Scottish Gaelic] gl: galego [Galician] gu: ગુજરાતી [Gujarati] he: עברית [Hebrew] hi: हिन्दी [Hindi] hr: hrvatski [Croatian] hsb: hornjoserbsce [Upper Sorbian] ht: Kreyòl ayisyen [Haitian] hu: magyar [Hungarian] hy: Հայերեն [Armenian] ia: interlingua [Interlingua] id: Bahasa Indonesia [Indonesian] io: Ido is: íslenska [Icelandic] it: italiano [Italian] ja: 日本語 [Japanese] jv: Basa Jawa [Javanese] ka: ქართული [Georgian] kk: қазақша [Kazakh] kn: ಕನ್ನಡ [Kannada] ko: 한국어 [Korean] ku: Kurdî [Kurdish (Kurmanji)] ky: Кыргызча [Kirghiz] la: Latina [Latin] lb: Lëtzebuergesch [Luxembourgish] li: Limburgs [Limburgish] lmo: lumbaart [Lombard] lt: lietuvių [Lithuanian] lv: latviešu [Latvian] map-bms: Basa Banyumasan [Banyumasan] mg: Malagasy min: Baso Minangkabau [Minangkabau] mk: македонски [Macedonian] ml: മലയാളം [Malayalam] mn: монгол [Mongolian] mr: मराठी [Marathi] mrj: кырык мары [Hill Mari] ms: Bahasa Melayu [Malay] my: မြန်မာဘာသာ [Burmese] mzn: مازِرونی [Mazandarani] nah: Nāhuatl [Nahuatl] nap: Napulitano [Neapolitan] nds: Plattdüütsch [Low Saxon] ne: नेपाली [Nepali] new: नेपाल भाषा [Newar] nl: Nederlands [Dutch] nn: norsk nynorsk [Norwegian (Nynorsk)] no: norsk bokmål [Norwegian (Bokmål)] oc: occitan [Occitan] or: ଓଡ଼ିଆ [Oriya] os: Ирон [Ossetian] pa: ਪੰਜਾਬੀ [Eastern Punjabi] pl: polski [Polish] pms: Piemontèis [Piedmontese] pnb: پنجابی [Western Punjabi] pt: português [Portuguese] qu: Runa Simi [Quechua] ro: română [Romanian] ru: русский [Russian] sa: संस्कृतम् [Sanskrit] sah: саха тыла [Sakha] scn: sicilianu [Sicilian] sco: Scots sh: srpskohrvatski / српскохрватски [Serbo-Croatian] si: සිංහල [Sinhalese] simple: Simple English sk: slovenčina [Slovak] sl: slovenščina [Slovenian] sq: shqip [Albanian] sr: српски / srpski [Serbian] su: Basa Sunda [Sundanese] sv: svenska [Swedish] sw: Kiswahili [Swahili] ta: தமிழ் [Tamil] te: తెలుగు [Telugu] tg: тоҷикӣ [Tajik] th: ไทย [Thai] tl: Tagalog tr: Türkçe [Turkish] tt: татарча/tatarça [Tatar] uk: українська [Ukrainian] ur: اردو [Urdu] uz: oʻzbekcha/ўзбекча [Uzbek] vec: vèneto [Venetian] vi: Tiếng Việt [Vietnamese] vo: Volapük wa: walon [Walloon] war: Winaray [Waray] yi: ייִדיש [Yiddish] yo: Yorùbá [Yoruba] zh: 中文 [Chinese] zh-min-nan: Bân-lâm-gú [Min Nan] zh-yue: 粵語 [Cantonese]

jump to random article

searching for Cause of action 364 found (887 total)

alternate case: cause of action

Jones v. Alfred H. Mayer Co. (506 words) [view diff] no match in snippet view article find links to article

Wikisource has original text related to this article: Jones v. Mayer Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968), is a landmark United States Supreme

United States v. Stanley, 483 U.S. 669 (1987), was a United States Supreme Court case in which the Court held that a serviceman could not file a tort action

Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from

Supreme Court case which held that plaintiffs must present a "plausible" cause of action. Alongside Bell Atlantic Corp. v. Twombly (and together known as Twiqbal)

A dignitary tort is type of intentional tort where the cause of action is being subjected to certain kinds of indignities.[page needed] Historically,

"intermeddling with or use of … the personal property" of another gives cause of action for trespass. Since CompuServe Inc. v. Cyber Promotions, Inc., various

Negligent entrustment is a cause of action in United States tort law which arises where one party ("the entrustor") is held liable for negligence because

means that the plaintiff must prove each element of the claim, or cause of action in order to recover. The cost of pursuing civil litigation has sometimes

development of … a cause of action (for invasion of privacy)'. The elements of such a cause of action – and whether the cause of action is to be left to

private damages action under" a legislatively conferred cause of action. A statutory cause of action extends only to plaintiffs whose interests "fall within

case, parties with a claim to ownership of the property will retain a cause of action (a right to sue) against the party who made the fraudulent conveyance

allowing recovery for wrongful death." In other jurisdictions the cause of action did not exist until the passage of a wrongful death statute. Jurisdictions

Disparagement, in United States trademark law, was a statutory cause of action which permitted a party to petition the Trademark Trial and Appeal Board

faith and fair dealing", and is therefore considered to be a tort cause of action eligible for punitive damages (in excess of the value of the insurance

Breach of promise is a common-law tort, abolished in many jurisdictions. It was also called breach of contract to marry, and the remedy awarded was known

conversations. D-Link has denied these accusations and has enlisted Cause of Action Institute to file a motion against the FTC for their "baseless" charges

jurisdiction, common grounds include: The plaintiff was a minor at the time a cause of action accrued. The plaintiff has been deemed mentally incompetent. The plaintiff

well known pursuant to the Paris Convention. In the United States, a cause of action for use of a mark for such dissimilar services is called trademark

(Second Cause of Action) is GRANTED, 2) Internet Archive's motion to dismiss Shell's counterclaim for breach of contract (Third Cause of Action) is DENIED;

even if the statute of limitations were not tolled. "Generally, a cause of action accrues and the statute begins to run when a defendant commits an act

question is a legal issue that arises in connection with the major cause of action in a lawsuit. The forum court will have already decided that it has

could not be applied. It was available only as a defence and not as a cause of action. Mr and Mrs Combe were a married couple. Mr Yasser M Combe promised

Court decided that estoppel, in certain circumstances, could be a cause of action. Maher owned some property with buildings on it in Nowra. He was negotiating

Circuit ruling in Filártiga v. Peña-Irala created a new common law cause of action for torture under the ATS: "For purposes of civil liability, the torturer

the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to

conclude no substantial evidence supports the jury's verdict on any cause of action." Noon is married to Ali Noon (McKnight), 1995 NCAA Heptathlon runner-up

decision of the Ford court indicated that the court had recognized a cause of action under contributory cybersquatting, but found in favor of GreatDomains

Wrongful birth is a legal cause of action in some common law countries in which the parents of a congenitally diseased child claim that their doctor failed

limitations on implied causes of action. The Court determined that a cause of action would not be implied for the violation of rights where the U.S. Congress

Little Hunting Park, Inc., which held that 42 U.S.C. § 1982 provided a cause of action for retaliation for advocacy for African Americans. Because Sullivan

the transferring party insolvent. It is generally treated as a civil cause of action that arises in debtor/creditor relations, typically brought by creditors

government entity, he had received the benefit of fair procedure and had no cause of action for the mildly adverse action that resulted. In the US, the existence

allowed any "identifiable" group of native descendants to bring a cause of action without regard to their federal recognition status. Tribes such as

for upholding the bargain. While promissory estoppel cannot found a cause of action it was held that in the peculiar situation of land, consideration is

A cause of action for breach on the part of the obligor lies with the assignee, who will hold the exclusive right to commence a cause of action for

"borrow" the statute of limitations for the cause of action from the state in which the cause of action arose. The lex fori determines whether a foreign

Correctional Services Corporation v. Malesko, 534 U.S. 61 (2001), was a case decided by the United States Supreme Court, in which the Court found that

remedy (such as a cause of action for defamation) would be relevant to the determination whether there is a separate cause of action under 42 U.S.C. §

1985(3) of The Civil Rights Act of 1871 does not provide a federal cause of action against persons obstructing access to abortion clinics. Alexandria

reversed and, one judge dissenting, held that the complaint stated a cause of action under the Act. The case was heard by the United States Supreme Court

criticized for failing to respect the sovereignty of the state in which the cause of action arose, and because courts can tip the balance in one way or another

bearing a less rate of interest, and the old bonds, which were the cause of action in this suit, were surrendered and destroyed. These facts were brought

“unlawful means” for this tort, the conduct must give rise to a civil cause of action by the third party or would do so if the third party had suffered loss

nuisance. The case can be seen as the birth of the ordinary man having a cause of action in certain types of environmental law against his immediate neighbour

proprietary estoppel can create a cause of action in English law, though the other two can act in support of a cause of action or a reply to a defence. Under

the CDA, holding that Section 230 "creates a federal immunity to any cause of action that would make service providers liable for information originating

cause of action was expressed in the process, regardless of whether or not it was correct. The Bill of Middlessex disclosed the true cause of action,

and Corrupt Organizations Act (RICO) provision that creates a civil cause of action for any person or entity injured in their business or property by reason

necessary to determine whether or not a party has a factual basis for a cause of action. In civil actions seeking a foreclosure or seizure of property, a party

is based on a principle of preserving "good faith". The test for a cause of action for breach of confidence in the common law world is set out in the

which a U.S. state may "borrow" a shorter statute of limitations for a cause of action arising in another jurisdiction. The purpose of borrowing statutes

European Union directive Infliction of Emotional Distress, a tort cause of action, falling under intentional torts This disambiguation page lists articles

have limitation periods to bar actions that are taken long after the cause of action has lapsed. For example, in Malaysia the time period to file a tort

exist in both scenarios where B has a cause of action and that the wall will never exist if B has no cause of action. a Court of Law orders owner A to limit

administrative mandate petition may allege ordinary mandate as another cause of action. Many common writ petitions directed towards administrative bodies

of the Latin phrase "Ex turpi causa non oritur actio", meaning "no cause of action arises from a wrong". The primary problem arising when courts refuse

the corporation might surrender it to the maker and thereupon the cause of action on those notes should revive. Held that the new note was upon a sufficient

who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own standing or otherwise, the cause of action appears to arise

Justice to enjoin violations of the Act, but does not create a private cause of action. Thus, victims or putative victims must work with the U.S. Attorney

Constitution properly raised a claim under 42 U.S.C. § 1983, which provides a cause of action for civil rights violations, rather than under the habeas corpus provisions

Bank of America Corporation (No. 1-09-cv-06829), complaint under cause of action of Securities Fraud. At the onset of the litigation SEC and Bank of

the cause of action: Limitation Act 1980, ss. 14A and 14B Archived 2008-04-08 at the Wayback Machine From the date of accurual of the cause of action or

the rule that the matter relied on as constituting the cause of action should be a cause of action properly belonging to the general body of corporators

the defendant has a residence or place of business in Canada, the cause of action arose in Canadian waters, or the parties have agreed the Federal Court

the jury answer directed questions as to the required elements for a cause of action or special issues and to demarcate monetary awards of damages by economic

the cause of action existed; the period of delay ends only when the legal action is formally filed. Informing or warning the defendant of the cause of action

become familiar with the purported author's handwriting prior to the cause of action from which the trial arose can testify that a document is in that handwriting

other system resources of the plaintiff is sufficient to establish "a cause of action for trespass to chattels." The ruling has been followed and cited in

possession of magic texts is not likely to have been the true or primary cause of action against him. Evidence in a later case against a physician named Gabrielopoulos

The Supreme Court reversed and clarified that ATS did not create a cause of action, but instead merely "furnish[ed] jurisdiction for a relatively modest

presence in the jurisdiction, or on the occurrence of some element of the cause of action in the jurisdiction. Personal jurisdiction is predicated on Virginia's

Central Bank of Denver v. First Interstate Bank of Denver, 511 U.S. 164 (1994), was a decision by the United States Supreme Court, which held private plaintiffs

a cause of action for breaches of the New Zealand Bill of Rights Act, a previously unavailable remedy. Where a plaintiff has an existing cause of action

application to 'merge' proceedings, giving rise to res judicata or a cause of action estoppel in civil proceedings.: 277–278  A plea of "autrefois acquit"

cause of action was expressed in the process, regardless of whether or not it was correct. The Bill of Middlesex disclosed the true cause of action,

bearing a less rate of interest, and the old bonds, which were the cause of action in this suit, were surrendered and destroyed. Fraud and collusion was

raising as a comparison a 1410 case in which the court deemed that no cause of action would lie where a schoolmaster opened a new school that drew students

starts from the date of accrual of the cause of action or (if later) knowledge of the potential cause of action. Summary offences: normally 6 months but

to any statutory immunity conferred by the 1974 Act, it was a good cause of action in tort against the ICC based on inducement of breach of contract?

presence in the jurisdiction, or on the occurrence of some element of the cause of action in the jurisdiction. Personal jurisdiction is predicated on Virginia's

pre-emption in this case, the Texas cause of action would be pre-empted because it conflicts directly with an ERISA cause of action. McClendon's claim falls squarely

substantive cause of action, but where there is good reason to suppose that their assets may in truth be the assets of the defendant against whom a cause of action

cause of action is decided on certain grounds and a second cause of action precludes a party from making an argument based on the decided first cause

holds the burden of proof. It expresses that the statute creates a cause of action for liability and does not create a property right, and holds that

Super Valu, 254 Wis. 2d 347 (2002) – Opinion of the Court refusing a cause of action for retaliation involving terminated wife of police officer who ticketed

Pavlovich v. Superior Court, 29 Cal. 4th 262, is a California Supreme Court case in which the court declined to find personal jurisdiction over a non-resident

Court's 2018 decision in Jesner v. Arab Bank, PLC ruled out an ATS cause of action against foreign corporate defendants, the significance of the "touch

discussed below. Estoppel by record: This frequently arises as issue/cause of action estoppel or judicial estoppel where the orders or judgments made in

which the Supreme Court of the United States held that statutory 'cause of action to sue' does not satisfy Article III standing requirements; plaintiffs

in Employment Act of 1967 and the Fair Housing Act of 1968 create a cause of action for disparate impact. While disparate impact is a legal theory of liability

and when applicable, the damage to the chattel. The remedy for this cause of action not only requires the defendant to pay the plaintiff the full value

a "sufficient interest", within three months of the grounds of the cause of action becoming known. By contrast, claims against public bodies in tort or

deciding the standing question. 6–2 Thole v. US Bank 2020 Statutory 'cause of action to sue' does not satisfy Article III standing requirements; plaintiffs

prepared with a breach of standards. The Court held that there was no cause of action successfully pleaded by the Appellant and that the appeal should be

included the phrase: "A suit arises under the law that creates the cause of action." For almost a hundred years this test was the foundation for federal

state's wrongful death statute, the court held, cautioning that the cause of action does not extend against a woman who has a legal abortion. In current

until the plaintiff becomes aware of the material facts on which a cause of action are discovered or ought to have been discovered by the plaintiff in

employment based on that person's credit information and creates a private cause of action for those injured due to violation by employers." On February 6, 2019

Iran. Because some courts have held that the AEDPA does not create a cause of action against foreign states, plaintiffs have used the TVPA and the AEDPA

rendered the other issue on appeal, the holding that the members had a cause of action and stated a claim, vacated as moot. Alexander Hamilton, one of the

The failure to say constitutes an admission of the justice of the cause of action against the defendant; it does so more strongly than a mere default

(1989–1993) Statement of claim, a legal document on which one states a cause of action Strategic Organizing Center, a group of United States labor unions

"admitting all your averments of fact to be true, you still have no cause of action", or "defence" (as the case may be). It may be, however, that the authors

by an individual there would be no cause of action. There is the further question whether there is a cause of action, the acts being done by several. The

Lilly Co. In Collins, the court found that the plaintiff could bring a cause of action against a single defendant, and the burden of proof would be shifted

private damages action under" a legislatively conferred cause of action. A statutory cause of action extends only to plaintiffs whose interests "fall within

proved were sufficient to render defendant liable to plaintiff on the cause of action stated. Plaintiff moved for judgment on the verdict, and defendant

and decided in the earlier litigation, even when they arise in a new cause of action, such as a dispute as to liability for a later year. However, the Supreme

group of celebrities Judicial panel, set of judges who sit to hear a cause of action Jury panel, body of people convened to render a judicial verdict Panel

possessor has a legally protected interest. The trespass to chattels cause of action, frequently asserted in recent years against Internet advertisers and

defendant resides, or where there are sufficient contacts between the cause of action and the jurisdiction. In the United States, the U.S. District Court

applied to the conveyances in question, held that the Cayuga had a valid cause of action, and rejected the affirmative defenses of: sovereign immunity pursuant

States without fair compensation." Therefore, she argued, Robbins had a cause of action against the government and his case should have been allowed to go

Newcastle upon Tyne will not be completed until 1781. December 3 – The cause of action in Sommersett's Case, which eventually leads to the end of slavery

Developments' particulars of claim on the ground that it disclosed no cause of action. The particulars of claim required Transnet to enter into good-faith

(in the sense that, unlike lawful picketing, it may give rise to a cause of action in tort) in the United Kingdom since the coming into force of section

convinces me that, for reasons given, they have no scintilla of a cause of action that this Court can or should hear." On March 3, 2016, COMER filed

specifically to a formal determination against a claimed legal right or cause of action. Thus, in a civil case, dismissal without prejudice is a dismissal

ruling should have been upheld "because federal law does not provide a cause of action to plaintiffs whose constitutional rights have not been violated".

referred to as DOHSA) functions as a wrongful death statute, providing a cause of action for surviving family members when an individual dies as a result of

any physical damage to the body. Because courts have recognized a cause of action for battery in the absence of body-to-body contact, the outer limits

or remedies under Section 1950.5 or 1954. (2) His right to assert a cause of action against the lessor which may arise in the future. (3) His right to

Provinces Act of 1996. It has jurisdiction to hear civil actions where the cause of action has arisen out of commercial transactions in which the debt, damage

plaintiff has a cause of action against the defendants, he is without remedy. To hold that the facts of this case do not give a cause of action against them

general law of mortgages, which allows most mortgagors to sustain a cause of action (sue) on a wrongful sale to restore the property into their qualified

employer), protection under the state human rights law, and a special cause of action for domestic workers who suffer sexual or racial harassment. In July

provides an implied cause of action. Does the statutory prohibition on discrimination also imply a prohibition on and cause of action for,retaliation against

being without merit. Claims can be brought by anyone stating a proper cause of action. Circumstances changed in 1961 when the Supreme Court of the United

deceptive claims of origin. The Lanham Act does not explicitly provide a cause of action for contributory infringement. Thus, contributory trademark infringement

violation of Fourteenth Amendment protections for equal treatment. The cause of action was brought under Reconstruction-era civil rights legislation, specifically

death lawsuit, holding that the plaintiffs successfully pleaded a cause of action for illegal marketing. Remington appealed to the United States Supreme

disposition of embryonic and fetal tissue remains, creating a civil cause of action and imposing a civil penalty, creating criminal offense. The law was

who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own standing or otherwise, the cause of action appears to arise

for the full amount. However, in suing, the creditor has only one cause of action; i.e., the creditor can sue for each debt only once. If, for example

make payment in lieu. Therefore, if wrongful dismissal is the only cause of action, nothing can be recovered for mental distress or damage to reputation

authored three Supreme Court opinions holding that a plaintiff has a cause of action for money damages (compensatory and punitive) arising solely out of

extension of an existing cause of action, such as passing off or libel, until it formed a separate and autonomous cause of action, but rather through one

incorrect. The parents’ cause of action for their resulting losses is labeled "wrongful birth," while the infant’s cause of action for their own losses is

letterhead. As a result, an organization funded by the Koch brothers, Cause of Action, issued a statement calling for her to be investigated for ethics violations

Therefore, a public body which acts ultra vires is liable in tort is a cause of action can be established just like any individual would be. An ultra vires

Vs. Sanjay Dalia Archived 2022-04-08 at the Wayback Machine – If cause of action has arisen wholly or in part in place where plaintiff resides or is

three-judge matter, and dismissed the case for failure to state a cause of action. The direct appeal to the Supreme Court was dismissed for lack of jurisdiction

Law, Act No. 3992 "Drive on Left Side of Road. — Unless a different cause of action is required in the interest of the safety and security of life, person

to the tax authorities. The "three traditional requirements of the cause of action for breach of confidence": [19]  were identified by Megarry J in Coco

jurisdiction to award damages was confined to loss of injury flowing from a cause of action which had accrued before the writ was issued", equity allowed for "damages

her property as a result of ethnic intimidation may bring a civil cause of action against the person who commits the offence to secure an injunction

judgment, stating the lower courts were in error to dismiss the stated cause of action as the petitioner is entitled to have his case heard on its merits

instituted action for the ejectment of Brooks from certain property. Her cause of action was founded upon an undisputed allegation that she was the owner of

judgment of a state court the same effect, either as evidence or as cause of action, which is given to it in like proceedings in the courts of the state

marks. Though the Court disposed of the case in ruling there was no cause of action under trade-mark law, it nonetheless considered the common law tort

non-domiciliaries. (a) Acts which are the basis of jurisdiction. As to a cause of action arising from any of the acts enumerated in this section, a court may

certain racial group (blacks) from promotion under a disparate impact cause of action. The twenty non-black firefighters claimed discrimination under Title

effectively was fighting for its life against the legislature, its cause of action ostensibly sought the return of the Charter and the Seal from the University

and that the refusal to do so shall not create any civil claim or cause of action. (Proposed Constitutional Amendment) Be it enacted by the people of

of Madison County found that the fraternity had failed to state a cause of action and that its claim was "time-barred." In 1989, Virginia Tech banned

or in any form of action other than those named, even though the cause of action were the same. The Lateran Council of 1215 effectively abolished trial

male. Her marriage to Jonathan was invalid, and she cannot bring a cause of action as his surviving spouse." The decision made it legal for a cis woman

gain, as the case may be, acquiesce in such institution; or c) – the cause of action, wholly or in part, arises. Consumer courts do not have jurisdiction

prescribed duty of care to students of school. There was no reasonable cause of action in negligence against Diocese. Claim for vicarious liability against

not apply to real property. Real property is generally subject to a cause of action known as foreclosure. In the United States, repossessions are carried

dismissed on the basis that the pleadings disclosed "no reasonable cause of action or, alternatively, under the inherent jurisdiction of the court." The

Nothing in this Section or any law enacted under this Section creates a cause of action in equity or at law for compensation, attorney's fees, or damages against

company. The Supreme Court held that the plaintiffs had a prima facie cause of action against the engineering company for negligent misrepresentation. I

The court held by a majority of 3–2 that Donoghue's case disclosed a cause of action.: 562  The majority consisted of Lord Atkin, Lord Thankerton and Lord

constitutionally enter a final judgment on an otherwise non-core tort cause of action asserted as a compulsory counterclaim to a creditor's nondischargeability

to mitigate or relieve the risk causing the injury from which the cause of action arises. It operates as a complete bar to liability on the theory that

immunity from suit in federal court, irrespective of the nature of the cause of action pleaded against it. Further, cases for copyright violation by university

themselves has a cause of action against the establishment that served them. Some states, such as New Jersey, will allow such a cause of action but will instruct

"W.&M. Drops Football; Schedule Difficulties and Lack of Players Cause of Action" (PDF). The New York Times. August 26, 1943. Retrieved August 15, 2011

upheld in Canadian law. Therefore an implied promise would not create a cause of action. Instead quantum meruit is based on the need to prevent the neighbor

cancer in 2015). Section 804 of the PACT Act contains a new federal cause of action for those exposed to and injured by the toxins in the water at Marine

jumping from a second story window to escape apprehension, there is no cause of action against the property owner even though that injury would not have been

laws, such as the False Claims Act (FCA), which creates a private cause of action against those defrauding the federal government. For example, in United

legislation Ousters, characters in Dan Simmons' series of Hyperion novels A cause of action available to one who is refused access to their concurrent estate This

laws, such as the False Claims Act (FCA), which creates a private cause of action against those defrauding the federal government. For example, in United

include: The location where the cause of action arose. In most states, defendant must usually show that the cause of action arose outside of the jurisdiction

Infringement is defined by section 120 of the Trade Marks Act, and includes a cause of action for infringement of well-known marks. The Australian Border Force has

“Don't go by this WhatsApp University. You are here with a speculative cause of action. We are not going to create confusion in the minds of people.” "The

independent republic, by the name of "The State of Missouri". June 29 – The cause of action that will lead to the U.S. Supreme Court case known simply as The Antelope

Parliament otherwise provides for the purpose of s 47, that element of the cause of action created by s 46 or by a law enacted under s 51(xxxvi) for the purpose

for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to the equity jurisdiction in suits quia timet

concedes that he could have filed his § 1981 action at any time after his cause of action accrued; in fact, we understand him to claim an unfettered right so

Supreme Court refused to recognize the existence of a regulatory taking cause of action, and held that the only remedy available to the owner would be a petition

one denying indebtedness and the other averring that the alleged cause of action did not accrue within three years before the suit. The plaintiff's

a cause of action, but also releases him. Of course, if these stipulations, owing to excepted perils, are not performed, there is no cause of action, but

won a directed verdict because the judge decided that there was no cause of action in contract. Plaintiff appeals her contract claim, arguing that the

1998 Act does not create any new cause of action between private persons. But if there is a relevant cause of action applicable, the court as a public

plaintiffs' case failed on the basis that it was statute barred as the cause of action arose on the first sale of a maisonette by the owner, more than six

613, P.130. Vol. 41. 20 December 1913. Sack, Robert D. (1999). "The Cause of Action". Sack on defamation: libel, slander, and related problems. Vol. 1

example, a victim of sexual harassment in the workplace may have a cause of action for negligent hiring on the part of her employer if she can show that

the basis of the EEOC, which involved the same parties and the same cause of action and which is irreconcilable with the EEOC and/or where the EEO Certificate

Extraterritorial jurisdiction Dwyer Arce (June 24, 2010). "Supreme Court rules no cause of action for foreign plaintiffs in securities fraud litigation". JURIST - Paper

appointment not been allegedly unlawfully terminated. The crux of the main cause of action was that Melamed alleged to have contracted with himself in two different

countries have authority over the parties or events giving rise to the cause of action. Title 28 of the United States Code, sections 1331 & 1332 give federal

provided that the particular court has jurisdiction to hear the principal cause of action. Most of the states have two further levels of courts, which are comparable

it can determine the level of negligence required to state a valid cause of action. In the business world the standard of care taken can be described

'discrimination'; the judge dropped the race discrimination cause of action; the political cause of action had previously been dropped because it missed the statute

court. Lee argued that Nair's counterclaim disclosed no reasonable cause of action and constituted an inflammatory attack on the integrity of the Singapore

windfarms, claimed an injury of $2.25 billion—disclosed no reasonable cause of action. The Great Lakes once supported an industrial-scale fishery, with record

Pennsylvania's denial of a cause of action for the termination of an at-will employee. The court looked to the cases that stated a cause of action exists only where

Prenatal Injuries. Supreme Court of Illinois Refuses to Recognize Cause of Action Brought by Fetus Against Its Mother for Unintentional Infliction of

Law, Act No. 3992 "Drive on Left Side of Road. — Unless a different cause of action is required in the interest of the safety and security of life, person

paragraphs of the statement of claim should be struck out as disclosing no cause of action because GM had never made any sales directly to CNL or to its competitors

he believes in a divine being, the Prime Mover is not the efficient cause of action in the Universe, and plays no part in constructing or arranging it

Edward J. McGoldrick ruled, "The plaintiff has failed to sustain either cause of action by proof of sufficient probative force". In his opinion, based on the

literature – Scientific literature of medicine Medical malpractice – Legal cause of action when health professionals deviate from standards of practice harming

health authority applied to strike out the claim as disclosing no cause of action on two grounds. First, that the claim arose out of the health authority's

the at-will employment doctrine, the 1980 opinion that authorized a cause of action for wrongful life, and the 1984 opinion that created the right to Cumis

President for Investigations at the small-government advocacy organization Cause of Action Institute. In June 2017, President Donald Trump nominated Kerner to

for a claim must be commenced within a certain period of time or the cause of action becomes extinguished. Ewan McKendrick notes that exclusion clauses

Episode: "Bottlecaps" 2003 The Practice Judge Natalie Brown Episode: "Cause of Action" 2004 Sex and the City Trudy Stork Episode: "Out of the Frying Pan"

upon maritime property which attaches to the res from the moment a cause of action arises. It remains "inchoate" until the issuing of a writ. By remaining

conducting activities in Missouri. the relation of the cause of action to the contacts – the cause of action was the alleged plaintiff's injury that arose from

Pennsylvania's denial of a cause of action for the termination of an at-will employee. The court looked to the cases that stated a cause of action exists only where

livestock owners and motorists on public roads, allowing motorists a cause of action for accidents involving wandering livestock on grounds of negligence

that its "precedents do not support the existence of a constitutional cause of action behind every statement a public employee makes in the course of doing

standing requirements necessary for a private plaintiff to bring a civil cause of action against spam senders under the CAN-SPAM Act of 2003, as well as the

Dignitary torts – a specific category of intentional torts where the cause of action is being subjected to certain kinds of indignities. Defamation – The

resulting in its diminution in value, or indeed, destruction constitutes a cause of action for the reversioner. A further limitation is the rule against perpetuities

to her. That proposition without more appears to me to state a good cause of action... The reasoning in Wilkinson was upheld by the Court of Appeal of

DISMISSAL OF ADONIS INDICTMENT; Freeing of Gasberg on Same Evidence Cause of Action". The New York Times. February 25, 1941. Retrieved March 19, 2020.(subscription

criminal penalty-enhancement laws; laws creating a distinct civil cause of action for hate crimes; and laws requiring administrative agencies to collect

judgment and granting her leave to amend her complaint to assert a new cause of action for quantum meruit. The district court denied these motions, and Foman

appeal. The statute 11 Hen. 7. c. 12 allowed any poor person having cause of action to bring a writ without paying the usual fees, without paying the fees

judgement in Waltons v Maher, which established equitable estoppel as a cause of action in itself. He was appointed by prime minister Paul Keating to become

warranty). The Court of appeals reasoned: In Rinaldi v. Mohican Co., the cause of action arose after the section of the Personal Property Law quoted took effect

"Trespassing to Collect Data" (SF12) and "Trespassing to collect data- civil cause of action" (SF 80). State Republican Marti Halverson said: "When a person trespasses

authorship dispute on the Late Show with David Letterman, Lapine included a cause of action for defamation to her suit. This action was filed by Tatiana Boncompagni

sexually explicit deepfake content made without their consent with a cause of action against the content's creator. Assembly Bill No. 730 prohibits the

defendant was negligent will analyze at least one of the elements of the cause of action to determine if it is properly supported by the facts and law. For

he believes in a divine being, the Prime Mover is not the efficient cause of action in the Universe, and plays no part in constructing or arranging it

the plan to Congress in January 1997.) Title III creates a private cause of action and authorizes U.S. nationals with claims to confiscated property in

myoclonus) or reticular formation (reticular reflex myoclonus) is also a cause of action myoclonus. Serotonin and GABA neurotransmitters are thought to cause

from Guantanamo Bay. Parkinson signed legislation to create a private cause of action for victims of child pornography. Parkinson lobbied the governors of

States against racial discrimination and segregation although the cause of action was breach of contract. Mundrucu was born in Recife, Brazil in 1791

Toeppen was still pending, the United States gave trademark holders a cause of action against registrants of domain names containing trademarks, in the Anticybersquatting

sexual and violent offenses against children. It also creates a RICO cause of action for child predators and those who conspire with them. The Adam Walsh

fundamental inquiry is always whether the plaintiff has sufficiently plead a cause of action, not whether the plaintiff has some entitlement to judicial action

named in an action in conversion. The facts sufficient to constitute a cause of action for conversion must be set forth in the complaint or declaration, so

Cause of Action Institute, a 501(c)(3) public interest law firm, and served as its Executive Director and President of the Board until 2016. At Cause

Sherman Antitrust Act. Kelco also claimed, as an alternative state-law cause of action, that BFI interfered with its contracts with its customers. In the

that police officers could not be sued under a particular statutory cause of action for failing to administer the Miranda warning, ruling that not every

will not justify a repudiation of the contract, but will only be a cause of action for a compensation in damages. We think the answer to this question

The court generalized from these existing provisions to create a new cause of action for unjust enrichment, allowing the builders to recover from the property

consideration for it. The courts have not gone so far as to give a cause of action in damages for the breach of such a promise, but they have refused

consideration for it. The courts have not gone so far as to give a cause of action in damages for the breach of such a promise, but they have refused

lawyers argued, inter alia, that the United States doesn't have a cause of action against Texas under the circumstances presented because Congress hasn't

named, even though the cause of action were the same. No wager of law was allowed in assumpsit, even though the cause of action were a simple debt. This

estoppel against the assertion of the same matter as a foundation for a cause of action in a second proceeding. By "conflicting" judgments we include judgments

former L'Oréal sales manager Elyse Yanowitz had adequately pleaded a cause of action for retaliatory termination under the California Fair Employment and

consistency to the law). It also considers the enactment of such a cause of action would bring Australia into line with recent common law developments

(no. 1215/2012) provides that when proceedings involving the same cause of action and between the same parties are brought in the courts of different

invasion of privacy (as the courts found libel too ambiguous). It was a cause of action that had never been argued in a Florida court. Rawlings used Cason's

already imposing new orders that discouraged illegal logging. In their cause of action, the petitioners stated that the defendant Secretary had granted timber

Dep't of Homeland Sec., the organizational plaintiffs do not have a cause of action under the APA or under the Constitution because organizational plaintiffs'

Bill Number Bill Title Bill Status S.B. 185 Cause of Action for Minors Injured by Pornography Governor Signed 3/28/2017 S.C.R. 1 Concurrent Resolution

the defendant's tortious act was committed outside New York, (2) the cause of action arose from that act, (3) the tortious act caused an injury to a person

complaint in the United States District Court purporting to state a cause of action for damages under 42 U.S.C. § 1983. Defendants were the Duval County

member" are only those sums the right to which is based by way of cause of action on the statutory contract. That this is the correct interpretation

authorizing preliminary injunctive relief for plaintiffs without a cause of action, without a likelihood of success on the merits (for two reasons), and

that under the Limitation Act 1623 (21 Jas. 1. c. 16), just like a cause of action in contract or tort had to be used within a time limit, so did an action

upon one alleging a regulatory taking." The Court categorized the cause of action in this case as a "facial challenge" to the Act. From the Court's perspective

5–4 decision authored by Justice Powell, reversed, holding that the cause of action was barred by Feres. The opinion indicates that Stencel required the

arguable cause of action against one defendant, there was power to grant an injunction against another defendant against whom no cause of action lay, provided

California held that Triola could proceed with her suit, as it did state a cause of action and the trial court erred in granting judgment to Marvin on the pleadings

Edward J. McGoldrick ruled, "The plaintiff has failed to sustain either cause of action by proof of sufficient probative force." In his opinion, the "baby"

ordinance passed in Bellingham, Washington, the same year, added a fifth cause of action in addition to these four: Defamation through pornography, defined

firm has a substantial reserve fund earmarked for this purpose and a cause of action against the Department of Energy for failure to remove spent fuel.

person or business to file a civil cause of action for defamation, libel, slander, or any similar cause of action under State law. Clause 2(f) required

not enforce foreign judgments, and a judgment creditor must bring a cause of action under English law and use the recognised foreign judgment to serve

Construes the National Environmental Policy Act to Create a Powerful Cause of Action" (PDF). Archived from the original (PDF) on 2012-03-02. Retrieved 2010-09-06

trustees to monitor investments". 19 May 2015. "Supreme Court Permits Cause of Action for Putting 401(k) Investments in Retail as Opposed to Institutional

somehow counseled against proceeding with what looked like a very potent cause of action. John Antonelli's 1985 documentary Kerouac, the Movie begins and ends

judgment, on the grounds that the plaintiffs had never had a proper cause of action to begin with (an argument the government had never made). Just a few

legal doctrine which states that a claimant will be unable to pursue a cause of action if it arises in connection with his own illegal act. Particularly relevant

who has an easement is a trespass upon the easement and creates a cause of action for civil suit. For example, putting up a fence across a long-used

the company itself, and that a shareholder does not enjoy a separate cause of action for the diminution in the value of their shares or the failure to receive

the effect that no legal action can be instituted twice for the same cause of action. It is a legal concept originating in Roman civil law, but it is essentially

"Redressing Colonial Genocide Under International Law: The Hereros' Cause of Action Against Germany", 93 California Law Review 1155 (2005). S. Passarge

passing off was said to be no longer definitive of the ambit of the cause of action which now was approximating to a law of 'unfair trading' or 'unfair

Ajaxo claimed a cause of action for breach of contract against E*Trade and a California Uniform Trade Secrets Act, CUTSA, cause of action against both of

passing off was said to be no longer definitive of the ambit of the cause of action which now was approximating to a law of 'unfair trading' or 'unfair

threatens or breaches the legal rights of another. Most common types of cause of action include: To protect confidential information obtained in a commercial

philosopher Peter van Inwagen, agree that chance must be the direct cause of action. This makes them all radical libertarians, as opposed to those who

means that the plaintiff must prove each element of the claim, or cause of action, in order to recover. This rule is not absolute in civil lawsuits;

pharmaceuticals sold to certain health care providers  • provider cause of action for violation Roberts, Scalia, Kennedy, Thomas, Breyer, Alito, Sotomayor

estoppel is not capable (in English law as yet) of creating its own cause of action. Also, concerning estoppel, Judge LJ held, “The interesting question

York; petitioner's complaint to recover deposited sum constituted a cause of action against the respondents, duly-appointed executors of Belmont's will

Kirkland & Ellis in Washington, D.C. He then served as counsel at the Cause of Action Institute, a public interest law firm. Before becoming a judge, Schwartz

Court of Appeal for further proceedings Holding Plaintiff stated a cause of action in lack of informed consent and breach of fiduciary duty, but not in

the ground that they did not state facts sufficient to constitute a cause of action or a defense. These demurrers were heard and overruled by the court

covenant of good faith and fair dealing", which underlies the tort cause of action for insurance bad faith. Digital rights management Fair use Limitations

assumpsit. The former was the basis of the claim and was the real cause of action. The latter was merely fictitious and could not be traversed, but was

chooses to hire only men to perform a specific job, a woman may have a cause of action for intentional gender discrimination under Title VII of the Civil

under the Shield Law, claiming it created only a criminal, not civil cause of action. However, it allowed Cohn's common-law privacy claim to stand. It rejected

unless they are issued following a mandate and they provide private cause of action. The consultation requirement in Executive Order 13175 is not judicially

or nationality of the parties, where the components comprising each cause of action occurred, where any relevant assets, whether movable or immovable,

of advertisements. In the court's view, the title or wording of the cause of action is not dispositive of whether a defendant is acting as a "publisher

L. (2005). "Mexican Repatriation and the Possibility for a Federal Cause of Action: A Comparative Analysis on Reparations". The University of Miami Inter-American

the New York General Business Law. "For a claim to be considered a cause of action to recover damages pursuant to General Business Law § 349 has three

Court finds that Congress did not intend the IQA to provide a private cause of action, and therefore Blaske Marine Plaintiffs' IQA claim fails." Four days

law, it is abundantly clear, the court found, that at common law any cause of action relied on as a ground for setting aside a final judgment, must have

Kardon v. National Gypsum Co., first recognizing an implied private cause of action for Rule 10b-5 violations. Kirkpatrick was a trustee to Lafayette College

new causes of action between individuals, "if there is a relevant cause of action, the court as a public authority must act compatibly with both parties'

version of the work that substantially departed from the original was a cause of action. Section §43(a) of the Lanham Act, which protects brands and trademarks

be drawn from the particular locality (e.g. village) from which the cause of action had arisen. This was based on the assumption that people from that

gives rise to a cause of action at common law, it is not excluded by the statute. The question is whether there is such a cause of action. 53. The flooding

such conduct infringed the plaintiff's rights so as to give him a cause of action. In my opinion, it plainly did. The defendants were doing a great deal

Jones Episode: "Hand of God" The Practice Judge Tyler Flynn Episode: "Cause of Action" 2004 Phil of the Future Dr. Gennaro Episode: "Daddy Dearest" NYPD

killing of Enrique Camarena Salazar in 1985 Sosa v. Alvarez-Machain, a cause of action must be universally recognized by the law of nations as a prohibited

immunity for cooperation with authorities – "Release from liability.—No cause of action shall lie in any court against any electronic communication service

Hans was asserting a violation of the federal Constitution as his cause of action. Furthermore, the Court was well aware that nearly a century earlier

searchSortBy:RELEVANCE,tab:search)) "The Emergence of Unjust Enrichment as a Cause of Action and the Remedy of Constructive Trust, 1988 CanLIIDocs 93". CanLII.

was as matter of law such negligence on his part as to defeat the cause of action irrespective of whether or not such negligence was the proximate cause

Episode: "Past Imperfect" The Practice Attorney George Collins Episode: "Cause of Action" 2006 Malcolm in the Middle Heidi's Dad Episode: "Lois Strikes Back"

(1986), Rehnquist established a hostile-environment sexual harassment cause of action under Title VII of the Civil Rights Act of 1964, including protection

utilities for their alleged contribution to climate change. Whether a cause of action to regulate carbon dioxide emissions can be inferred under federal

Judge Bernard A. Friedman expressed reservations regarding plaintiffs' cause of action, suggesting they amend their complaint to challenge the state's ban

be a "provider or user" of an "interactive computer service". The cause of action asserted by the plaintiff must treat the defendant as the "publisher

made to the Privacy Act, as well as the introduction of a statutory cause of action for breach of privacy. The Australian Government committed in October

Convention imposes a positive obligation to create a free-standing cause of action, without any temporal limitation. This, in our view, is to press the

Convention imposes a positive obligation to create a free-standing cause of action, without any temporal limitation. This, in our view, is to press the

courts because personal actions could be laid in England even if the cause of action arose abroad. In 1698, an act of parliament opened the slave trade

the case of breach of the fiduciary duty, it seems to me that the cause of action is constituted not by failure to make inquiries but simply by the improper

of Louisiana, and that state is not engaged in such commerce, the cause of action must be regarded not as involving any infringement of the powers of

League through the Batman Who Laughs. When the Amazon decides the best cause of action is to make the first Anti-Crisis, she is confronted by the Batman Who

at 574 Phillips J described the difference between the contractual cause of action of wrongful dismissal and the statutory regime of unfair dismissal

communications Decency Act does not apply to copyright infringement as a cause of action. The Inducing Infringement of Copyrights Act, or the INDUCE Act, was

II"), the Supreme Court held that tribes have a federal common law cause of action, not pre-empted by the Nonintercourse Act, for possessory land claims

principle. Subsequent events ought not to frustrate a well-established cause of action. As was written by Justice William O. Douglas in Parker v Ellis dissenting

action was dismissed on September 25, 2023 as having "no reasonable cause of action and therefore has no reasonable prospect of success" with Sa'd ordered

be brought within four years after the cause of action accrued. The UCL postpones accrual of the cause of action until the plaintiff "discovers" the problem

treatment of animals. As the court wrote in its opinion: To imply a cause of action in these plaintiffs might entail serious consequences. It might open

attorneys, and trustees A compilation of case related information such as cause of action, case number, nature of suit, and dollar demand A chronology of dates

disputed claims in plaintiff's statement of claim adequately disclose cause of action — Whether principles of fiduciary duty applicable to private actors

imperatives, arising not only from a lawful or just right, title, or cause of action, but also from love and affection, moral consideration, or past services

her cause of action in tort because she thought of eating there as a sale under the St. 1908, c. 237 §15 Uniform Sales Act. Ash did not plead cause of action

not discovered until 1956, and as a result the injured party had no cause of action. Because the injuries had not been discovered until six years after

Stored Communications Act and Computer Fraud and Abuse Act Provide Cause of Action for Plaintiff". Center for Internet and Society. Stanford University

was meant to "clarify that the Covenant will not create a private cause of action in U.S. Courts". Where a treaty or covenant is not self-executing,

Personal jurisdiction by acts of non-domiciliaries (a) ...As to a cause of action arising from any of the acts enumerated in this section, a court may

such as American Express and Google that the inclusion of a private cause of action would result in stifled Internet innovation, protect outdated business

first published in 1905. The suit was dismissed for failure to state cause of action. District Judge Dawkins quoted the original foreword to Oliver's book

Chief Wyandank Pharaoh, on behalf of the tribe, filed suit, stating a cause of action for ejectment on February 5, 1897. For proof of tribal status, the

highly structured format of (1) parties and legal representatives, cause of action, date when the pleadings were done, the court. Unlike the opinions

patented product into the US, the patent holder may wish to pursue a cause of action in the United States International Trade Commission (ITC) instead of

district court subsequently dismissed the case for failure to state a cause of action. On July 9, 2009, the Seventh Circuit reversed the district court's

Emirates by US lawyers. Boxing promoter Moses Heredia filed a civil cause of action over the signing of Joseph Diaz while he was under contract to Heredia

equitable principle of 'unconscionability' which was later clarified as a cause-of-action. The High Court of Australia held that an act was unconscionable if

requested, read, and relied upon its accountants' audit reports may have a cause of action. Caparo v. Dickman At 176-182 Chatfield, Michael. "Utramares Corporation

principles common to most legal systems. The first is that where a cause of action involves claims against multiple parties, it is convenient for all

remedy which the law gives is inadequate. If the plaintiff has no legal cause of action, the suit necessarily fails. There is nothing in the situation of the

the highest court of appeal reversed and found that there was no cause of action against the publication, and the Beaujolais winemakers were ordered

facilities, goods, or privileges shall not create any civil claim or cause of action. SEC. 7. STATUTORY PROHIBITION. (a) No Impact On Status And Benefits

evidence to establish any reasonable probability of success on any cause of action. In particular Plaintiffs cannot establish deceit with reference to

that it was a bezoar stone, without warranting it to be so, is no cause of action." The majority of the judges held that the buyer was required to show

law has not yet recognised promissory estoppel as giving rise to a cause of action (as has been done under the American Restatement (Second) of Contracts

dismissed in March 2014 for lack of standing and failure to state a valid cause of action. Andrew Schlafly, a Christian conservative activist, was general counsel

confidential or fiduciary nature and therefore does not support a cause of action for negligent misrepresentation"). Nymark v. Heart Fed. Savings & Loan

county where the defendant resides when the action begins, where the cause of action arose, or where property in litigation is located. If multiple defendants

eviction as both an affirmative defense against an eviction and as a cause of action against a landlord. The defense of retaliatory eviction was first recognized

recover anything. The jury responded $10,000. The court found that no cause of action was made out against the receiver, set aside the verdict of the jury

In 2017, Fischer sponsored and passed legislation creating a civil cause of action for a person injured or killed by an act of terrorism. That year, Fischer

post-contract period. In turn, the development of the modern American cause of action for insurance bad faith can be traced to a landmark decision of the