cognizable cause of action

15498 results for cognizable cause of action

vLex Rating
  • Aulizia v. Westfield Natl. Ins. Co., (Ohio 2007)

    INSURANCE - UM/UIM; summary judgment; stipulation; S.B. 20; Sexton; Moore; limitation; no bodily injury; H.B. 261; Hedges; no cognizable cause of action.

  • Akers v. Alonzo, (Ohio 1992)

    Medical malpractice - Statute of limitations - Cause of action accrues, when - "Cognizable event" analysis applied.

  • Savage v. Kucharski, (Ohio 2006)

    MALPRACTICE – Civ.R. 56(C); summary judgment; standard of review; statute of limitations for legal malpractice; R.C. 2305.11(A) provides that a claim for legal malpractice must be brought within one year after the cause of action accrues; cause of action for legal malpractice accrues when there is a cognizable event whereby the client discovers or should have discovered his injury related to...

  • High Court Allows Couple to Sue Foster Group

    The Utah Supreme Court has given a Riverton couple the go-ahead to sue a private organization that places abused children with foster parents, after the parents took in a foster child who turned out to have a history of sexually abusing at least 18 other children. In a unanimous ruling released Friday, the high court overturned a 3rd District decision by finding that Utah law should not bar the...

  • 2012-G-3120, (Ohio 2013)

    MALPRACTICE - legal, client must file such claim within one year after the cause of action accrued; cause of action accrues and statute of limitations begins to run on the latter of a cognizable event or the termination of the attorney-client relationship; termination of relationship depends on affirmative act of either party that signals end of relationship; communication can be written or oral;...

  • Opulent Life Church, et al v. City of Holly Spring, (5th Cir. 2012)

    ... injury outweighs any harm that the injunction might cause to the defendant; and (4) that the injunction will not disserve .... RLUIPA expressly provides a cause of action for violations of its requirements: “A person may assert a ... that it intends to exclude a damages remedy” from a cognizable cause of action. Sossamon, 131 S. Ct. at 1660 (citing Franklin v. ...

  • HEDELITO GARCIA V. LINDA THOMAS, (9th Cir. 2012)

    ...Thomas for Michael Benov as the respondent in this action. 6395. ...FARRA and its regulations generate interests cognizable as liberty interests under the Due Process Clause, which ... the sole and exclusive means for judicial review of any cause or claim under the United Nations Convention Against Torture ...

  • Baker v. Carr, 369 U.S. 186 (1962)

    ... of equal protection presented a justiciable constitutional cause of action upon which appellants are entitled to a trial and a ... Second: That, although the matter is cognizable and facts are alleged which establish infringement of appellants' ...

  • Chicago v. International College of Surgeons, 522 U.S. 156 (1997)

    ...ICS then filed actions in state court under the Illinois Administrative Review Law for ... that term is generally used to denote a judicially cognizable cause of action, and they and the federal claims derive from a ...

  • Khulumani v. Barclay National Bank, Ltd., Ntsebeza v. Daimler Chrysler, (2nd Cir. 2007)

    ... I The plaintiffs in this action bring claims under the Alien Tort Claims Act, 28U.S.C. § 1350 ... in the context of determining whether to recognize a cause of action under the ATCA. Specifically, the Court explained that ... the applicable primary violation of international law cognizable under the ATCA, but also the standard for aiding and abetting ...

  • Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992)

    ... school operated by respondent school district, filed an action for damages in Federal District Court under Title IX of the ... have the power to award any appropriate relief in a cognizable cause of action brought pursuant to a federal statute. See, e. ...

  • Sossamon v. Texas, 563 U.S.(20xx) (2011)

    ... It also provides an express private cause ofaction for "appropriate relief against a government," ... are unique:They do not traditionally confer a right of action for damages to enforce complixnce. More fundamentally, ... the power to award anyxxxxxxxxxxx relief in a cognizable cause of action broughtpursuant to a federxx stxxxxx." Id., at ...

  • 'Lance v. Wyeth': A New Cause Of Action In Pennsylvania?

    ... At the lower court level, Wyeth filed and won a motion for summary judgment, arguing that Lance failed to assert a cognizable cause of action. On appeal, the intermediate appellate court found that Lance should have been permitted to proceed with a claim of negligent design only. Wyeth and Lance cross-appealed to the ...

  • International Dispute Resolution Update: May 2011 - Part 1

    ...; the Oklahoma court thus ordered the officer to show cause why it should not be held in civil contempt. The officer failed ... of the Oklahoma judgment.1 In response, JJS filed an action in Frankfurt, Germany seeking an injunction directing Commerzbank ..., rather than whether the retailers had pleaded a cognizable cause of action (which is how the district court had ...

  • Lane v. Peña, 518 U.S. 187 (1996)

    ...Walter A. Smith, Jr., argued the cause for petitioner. With him on the briefs were Daniel B. Kohrman, ... of such complaint, or by the failure to take final action on such complaint." 29 U. S. C. § 794a(a)(1). Section ... have the power to award any appropriate relief in a cognizable cause of action brought pursuant to a federal statute." Id., at ...

  • Rush v. Savchuk, 444 U.S. 320 (1980)

    ...After moving to Minnesota, appellee commenced this action against Rush in a Minnesota state court, alleging negligence and ... to support the exercise of jurisdiction over an unrelated cause of action, and it cannot be said that the defendant engaged in ...If a defendant has certain judicially cognizable ties with a State, a variety of factors relating to the ...

  • Kerry A. Richards v. Cobb County, Georgia, (11th Cir. 2012)

    ... state’s statute of limitations for personal injury actions to actions brought pursuant to 42U.S.C. § 1983.” Porter v. ... of limitations “begins to run when the plaintiff’s cause of action becomes legally cognizable,” M.H.D. v. Westminster ...

  • Barnes v. Gorman, 536 U.S. 181 (2002)

    ...These sections are enforceable through private causes of action, whose remedies are coextensive with those available in ... have the power to award any appropriate relief in a cognizable cause of action brought pursuant to a federal statute." Punitive ...

  • USA v. Luis Romero, (11th Cir. 2014)

    ...-13600 Date Filed: 04/14/2014 Page: 9 of 16 for actions on contracts, see Fla. Stat. § 95.11(2)(b). In sum, the U.S. ... was “void of any allegations which would support a cognizable cause of action against the UNITED STATES for the cause of action ...

  • Section 2: Judicial Power and Jurisdiction

    ... "In the first, jurisdiction depends on the character of the cause, whoever may be the parties. This class comprehends 'all cases in ...It is true the United States is made a defendant to this action, but it has no interest adverse to the claimants. The object is ... importance was the expansion of the nature of the cognizable injury beyond economic injury, to encompass "aesthetic, ...

  • No Federal Cause Of Action Based On Assignor Estoppel

    ...§ 1331 because the doctrine of assignor estoppel did not provide a cognizable federal cause of action.  SEL appealed. [A]ssignor estoppel is a form of estoppel, and with rare exception, estoppel is a shield; it is an affirmative defense, not a claim for relief on its own." ...

  • Genesis HealthCare Corp. v. Symczyk, 569 U.S. (2013)

    ...C. §201 et seq., provides that an employee may bringan action to recover damages for specified violations of theAct on behalf ...C. §216(b), gives employees the rightto bring a private cause of action on their own behalf andon behalf of "other employees ... plaintiff mustdemonstrate that he possesses a legally cognizable interest, or " 'personal stake,' " in the outcome of the action. ...

  • Seventh Amendment: Civil Trials

    ... and when new rights and remedies are created "the right of action should be analogized to its historical counterpart, at law or in ... than in an action at equity or admiralty." The statutory cause of action, the Court found, had several counterparts in the ... law and equity jurisdictions, in which actions cognizable in courts of law generally were triable to a jury while in equity ...

  • United States v. Alvarez, 567 U.S. (2012)

    ... cussing defamation, fraud, or some other legally cognizable harm associated with a false statement. In those decisions the ... the speech-related harm the provision will likely cause, the natureand importance of the provision's countervailing ... statements will be thebasis for official governmental action, action that oftenaffects the rights and liberties of others. ...

  • Clapper v. Amnesty International USA, 568 U.S. (2013)

    ... and actual or imminent; fairly traceable to the challenged action; and redressable by a favorable ruling." Monsanto Co. . v. ... for foreign intelligence purposes ifthere is probable cause to believe that "the target of theelectronic surveillance is a .... . . constitutes a cognizable injury"). 3. The majority cannot find support in cases that use ...