gravamen of the action test

Receive alerts:
by e-mail
E-mail Your information will be added to a database with the sole purpose of serving your subscription. This database is the exclusive property of vLex Networks S.L. and will never be shared with any other company. By sending your request you accept the Data Protection Policy of vLex Networks S.L. I have read and accept the Terms of Use
via RSS

2.170 documents for gravamen of the action test

- Shifting the burden in software licensing agreements.
... of pending litigation, including a class-action lawsuit. (11) . Although the number of people affe... contract's "predominant purpose." (20) This test asks which part of the contract is paramount--the ... a minority of courts, is known as the "gravamen of the action" test. (22) Under the "gravamen" tes...
- Yale Law Journal
- Vol. 121 Nbr. 5, March 2012
- Hill v. McDonough, 547 U. S. (2006)
..., petitioner Hill brought this federal action under 42 U. S. C. §1983 to enjoin the three-drug ...In Nelson, the Court reasoned that "the gravamen of petitioner's entire claim" was that the surgica... cases, they contend, demonstrate that the test of whether an action would undermine a sentence mu...
- U.S. Supreme Court
- Rothgery v. Gillespie County, 554 U.S. (2008)
...S. C. §1983 action against respondent County, claiming that if it had...Stipulating that the properly formulated test is whether the State has objectively committed its...Instead, the gravamen of petitioner's complaint is that if counsel had b...
- U.S. Supreme Court

- First Amendment: Religion And Free Expression
... (as we have seen) of all religious tests. Thus, the whole power over the subject of religio... the standard of restraint on governmental action. The concept of neutrality itself is "a coat of m..., proof of intent to cause injury, "the gravamen of the tort," is insufficient "in the area of publ...
- Constitution of the United States (Annotated)
- Altria Group, Inc. v. Good, 555 U. S. ____ (2008)
... nor the Federal Trade Commission’s actions in this field pre-empt respondents’ state-law fr... Respondents acknowledge that testing pursuant to the Cambridge Filter Method 2 indicat... misrepresentation,” id., at 528, the gravamen of the claim was the defendants’ failure to warn...
- U.S. Supreme Court
- Adapting contract law to accommodate electronic contracts: overview and suggestions.
... and gender equality, promoting affirmative action programs, as well as recognition of environmental ... forum.(56) The Court continued to expand the test for personal jurisdiction as "modern transportatio... for alternative methods, especially the "gravamen of the action" test.(248) Although mixed contracts...
- Rutgers Computer & Technology Law Journal
- Vol. 26 Nbr. 2, March 2000
- Bennett v. Spear, 520 U.S. 154 (1997)
... federal agencies to ensure that any action they authorize, fund, or carry out is not likely t..., holding that the "zone of interests" testwhich requires that a plaintiff's grievance arguably fal... alleged violations of which serve as the gravamen of the complaint. See National Wildlife Federation...
- U.S. Supreme Court
- US v. Torrell Vann, (4th Cir. 2011)
...And time-tested principles of federalism bar us from construing it... or attempted act occurred; and (5) the action by the defendant was for the pur pose of arousi... "purpose for committing such act is the gravamen of this offense." Hartness, 391 S.E.2d at 180. Bec...
- Federal Circuits
- Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687 (1999)
... for Del Monte Dunes unless the city's actions were roughly proportional to its asserted interest... is no precise analogue for the specific test of liability submitted to the jury in this case, a...That is the gravamen of the § 1983 claim. In these circumstances, we c...
- U.S. Supreme Court
- US v. Torrell Vann, (4th Cir. 2011)
...And time-tested principles of federalism bar us from construing it... or attempted act occurred; and (5) the action by the defendant was for the pur pose of arousi... "purpose for committing such act is the gravamen of this offense." Hartness, 391 S.E.2d at 180. Bec...
- Federal Circuits