cause of action definition

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More than 10.000 documents for cause of action definition

- Century Surety Co v. Hardscape Const, (5th Cir. 2009)
... and against any damage, liability or cause of action arising directly or indirectly out of or... suit falls within the policy's definition of a covered "occurrence." Century argued below th...
- Federal Circuits
- Transnational class actions and interjurisdictional preclusion.
..., (85) they do not employ a shared definition of the scope of the claim or the claim preclusive ... as "there is an identity of the factual cause of action." (87) The Dutch Report provides, for ex...
- Notre Dame Law Review
- Vol. 86 Nbr. 1, February 2011
- Jackson v. Birmingham Bd. of Ed., 544 U.S. ___ (2005)
... on the ground that Title IX's private cause of action does not include claims of retaliation, ... the basis of sex." Retaliation is, by definition, an intentional act. It is a form of "discriminati...
- U.S. Supreme Court

- U.S. District Court, Maryland Court Summaries: May 30, 2011
Consumer Law Unjust enrichment

...FACTS: Amy Smith filed a putative class-action lawsuit against Alacrity Services, LLC, asserting ...615 (Md.2005). Given this definition of the cause of action, it was incumbent upon Smit...
- The Daily Record (Baltimore)
- June 06, 2011
- Wilkie v. Robbins, 551 U.S. (2007)
... . 1. Robbins does not have a private action for damages of the sort recognized in Bivens. Pp... meritorious case for a new constitutional cause of action, but neither does it plainly answer no t...' conduct does not fit the traditional definition of extortion, it also does not survive as a RICO p...
- U.S. Supreme Court
- What a Waste! what’s a Prudent Lender to do?
Waste defined. II. Mortgagee’s standing and remedies for waste. III. Solutions for nonrecourse lenders. Conclusion.

... is defined as any act or omission that causes lasting damage or permanent loss of the fee or tha... are three elements essential to a cause of action for waste: (1) there must be an act or omission co...Under the definitions provided above, it is obvious that an “act” by...
- Business Law Brief
- Nbr. V-1, October 2008
- Migra v. Warren City School Dist. Bd. of Ed., 465 U.S. 75 (1984)
...The complaint alleged two causes of action - a breach of contract by the Board and ...The definition of "cause of action" or "claim" is critical in the...
- U.S. Supreme Court
- Clinical evaluation of safety and efficacy of a new topical treatment for onychomycosis.
... susceptible to infection.This infection can cause changes in one or more nails such as brittleness, ...
- Journal of Drugs in Dermatology
- Vol. 10 Nbr. 10, October 2011
- Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999)
... provides no ground for a Title IX private cause of action for damages. The en banc Eleventh Circui... proscriptions also bears on the proper definition of "discrimination" in a private damages action. T...
- U.S. Supreme Court
- Reformulating Outrage: A Critical Analysis of the Problematic Tort of Iied
The intentional infliction of emotional distress (IIED), also known as the tort of outrage, is a relatively new cause of action, first appearing in the legal academic literature during the 1930s. Since that time, IIED has gained widespread acceptance and is now recognized in all US jurisdictions, with most courts invoking the definition set forth in the Restatement (Second) of Torts. Despite this general acceptance of the tort, courts routinely assert that IIED is a disfavored cause of action. Courts appear wary of holding defendants liable for plaintiffs' emotional injuries and therefore seek to discourage such claims. To explain the conflicting IIED jurisprudence, this note traces the emergence and evolution of IIED in the American legal system. This note concludes with a corollary pr...
- Vanderbilt Law Review
- Vol. 61 Nbr. 3, April 2008