gravamen of the action test

2392 results for gravamen of the action test

  • vLex Rating
  • 520 U.S. 154 (1997), 95-813, Bennett v. Spear

    ...§ 1533, and requires federal agencies to ensure that any action they authorize, fund, or carry out is not likely to jeopardize a ... of Appeals affirmed, holding that the "zone of interests" test— which requires that a plaintiff's grievance arguably fall ... of the ESA, the alleged violations of which serve as the gravamen of the complaint. See National Wildlife Federation, 497 U.S., ...

  • 414 U.S. 453 (1974), 72-1289, National Railroad Passenger Corp. v. National Association of Railroad Passengers

    ...         Respondent brought this action to enjoin discontinuance of certain passenger trains on the ...§ 564(b)(2). 2 The gravamen of the respondent's complaint. . was that these ... In support of the latter proposal, one labor spokesman testified:. The . . . amendment we propose would modify the language of ...

  • 672 F.3d 661 (9th Cir. 2012), 12-15005, State of Nevada v. Bank of America Corp.

    ...           Bank of America removed this action to federal district court, asserting federal subject matter ... receive restitution does not defeat the fact that the gravamen of the action is protection of the public welfare," nevertheless ... Court has never stated a " single, precise, all-embracing test for jurisdiction over federal issues embedded in state-law claims ...

  • 539 U.S. 23 (2003), 03-428, Dastar Corp. v. Twentieth Century Fox Film Corp.

    ...Fox, SFM, and New Line brought this action alleging, inter alia, that Dastar's sale of Campaigns without ... the state law unfair competition claim because "the ultimate test under both is whether the public is likely to be deceived or ...        Thus, as it comes to us, the gravamen of respondents' claim is that, in marketing and selling Campaigns ...

  • 507 U.S. 349 (1993), 91-522, Saudi Arabia v. Nelson

    ...   The respondents Nelson, a married couple, filed this action for damages against petitioners, the Kingdom of Saudi Arabia, a ... 764 F.2d 1101, 1109 (CA5 1985) (focus should be on the "gravamen of the complaint"); accord, Santos v. Compagnie Nationale Air ...Under the Court's test, this omission is what the negligence counts are "based upon." ...

  • 485 U.S. 46 (1988), 86-1278, Hustler Magazine, Inc. v. Falwell

    ...877] affairs, filed a diversity action in Federal District Court against petitioners, a nationally ... is better reached by free trade in ideas -- that the best test of truth is the power of the thought to get itself accepted in ...It is the intent to cause injury that is the gravamen of the tort, and the State's interest in preventing emotional ...

  • 430 U.S. 1 (1977), 75-353, Piper v. Chris-Craft Industries, Inc.

    ..., as a defeated tender offeror, had an implied cause of action for damages under that provision. Pp. 24-42.        (a) ...He formulated instead the following test of scienter: . In short, the scienter requirement would be ...This is not, as we have seen, the gravamen of Chris-Craft's complaint. It seeks no recovery for an improper ...

  • 386 U.S. 612 (1967), 110, National Woodwork Manufacturers Association v. National Labor Relations Board

    ... was enacted not to prohibit primary agreements and primary action directed to work preservation, but to prohibit "secondary" ... II of the Interstate Commerce Act." This reflected the testimony at the Select Committee hearings which attributed abuses of such ... 5 Letter of Judge Learned Hand, quoted in Lesnick, The Gravamen of the Secondary Boycott, 62 Col.L.Rev. 1363, 1393-1394, n. 155 ...

  • 384 U.S. 855 (1966), 502, Dennis v. United States

    ...' motion for production to the defense of grand jury testimony of prosecution witnesses, or alternatively, for in camera ...         (a) The indictment charged concert of action" and specified the culpable role of each petitioner. P. 860.   \xC2"... not merely the filing of false affidavits, which is the gravamen of the charge. This conspiratorial program included, as prime ...

  • 664 F.2d 971 (5th Cir. 1981), 79-3189, United States v. Phillips

    ... themselves of the Fontainebleau's room service; Jiminez testified that Platshorn told him that the room service bill from October ... 13 .         Appellants urge that the action of the trial court in impaneling an alternate after jury ... a pattern of racketeering activity standing alone; the gravamen of a RICO offense is the conduct of an enterprise through a ...

  • 871 F.2d 331 (3rd Cir. 1989), 88-1634, Rose v. Bartle

    ... are individuals who at the times material to this action held public and party offices in Montgomery County, in the ... . like one later returned, detailed the testimony given in support of the conclusions reached. See Rose app. at ...SECTION 1983 CLAIMS.         The gravamen of the plaintiffs' section 1983 claims is that the defendants, in ...

  • 225 U.S. 347 (1912), 447, Hyde v. United States

    ...         An objection to the admission of testimony in a trial for conspiracy offered exclusively as against one of ... the General Land Office, from time to time, to urge speedy action by those officers upon the matters there pending pertaining to ... that the conspiracy is the "gist" of the offense or the "gravamen" of it, and we realize the strength of the argument based upon ...

  • 436 U.S. 658 (1978), 75-1914, Monell v. Department of Social Services of the City of New York

    ... of Education of the city of New York, brought this class action against the Department and its Commissioner, the Board and its ...The gravamen of the complaint was that the Board and the Department had, as a ...        Finally, even under the most stringent test for the propriety of overruling a statutory decision proposed by ...

  • 424 U.S. 409 (1976), 74-5435, Imbler v. Pachtman

    ..., and charged that respondent had knowingly used false testimony and suppressed material evidence at petitioner's trial. ...He then brought an action against respondent and others under 42 U.S.C. § 1983, seeking ...The gravamen of his complaint against Pachtman was that he had, "with intent, ...

  • 561 U.S. 742 (2010), 08-1521, McDonald v. City of Chicago, Illinois

    ... against the City, which was consolidated with two related actions, alleging that the City's handgun ban has left them vulnerable to ... to hold that a Bill of Rights guarantee failed to meet the test for Due Process Clause protection, finding, e.g., that freedom ...1061, 117 L.Ed.2d 261, and the gravamen of this complaint is plainly an appeal to keep a handgun or other ...

  • __ U.S. __ (2017), 15-497, Fry v. Napoleon Cmty. Sch.

    ... unnecessary where the gravamen of the plaintiff's suit is. something other than the denial ...And the. IDEA's administrative procedures test whether a school. has met this [197 L.Ed.2d 53] obligation: ...F.'s right to equal access--even. if their actions complied in full with the IDEA's. requirements. But the ...

  • __ U.S. __ (2014), 13-316, Loughrin v. United States

    ..." ) is achieved, at least in part, through the specified action, instrument, or method (the " means" ), such that the connection ...The Government suggested that test, but only briefly claimed it was to be found in the " by means ...'s argument fits poorly with our prior holding that the gravamen...

  • 521 U.S. 261 (1997), 94-1474, Idaho v. Coeur d'Alene Tribe of Idaho

    ... members (collectively, the Tribe) filed this federal-court action against the State of Idaho, various state agencies, and numerous ... the courts (either state or Federal) for the purpose of testing its validity").         As is well known, the ultimate ...The gravamen of the complaint and its ultimate purpose was to vindicate the ...

  • 392 U.S. 83 (1968), 416, Flast v. Cohen

    ... (1923), that appellants lacked standing to maintain the action.          Held: .         1. The three-judge ...         The gravamen of the appellants' complaint was that federal funds appropriated ... both nexuses to support their claim of standing under the test we announce today. Their constitutional challenge is made to an ...

  • 416 U.S. 363 (1974), 72-6041, Pernell v. Southall Realty

    ... entitles either party to demand a jury trial in an action to recover possession of real property in the Superior Court for ... our view, this analysis is fundamentally at odds with the test we have formulated for resolving Seventh Amendment questions. We ...23 The gravamen of the offense was the use of violence in obtaining or detaining ...

  • Why Is It Wrong To Punish Thought?

    ... are every bit as dangerous, wrongful, and provable as actions we readily criminalize. If mere thoughts are unpunishable, it's ... One reason for the widespread rejection of the "equivocality test" for the actus reus of attempt is that almost no action meets the ...(85) It's this rights invasion that forms the gravamen of the wrong that the state perpetrates when it forces you to ...

  • The anti-bottleneck principle in employment discrimination law.

    ... of the principle and suggests that we can see it in action not only in legislative enactments, but also in some aspects of ... which a single variable--say, one's score on a standardized test, administered at age eighteen--is completely determinative of ...(201) . But the real gravamen of the disparate impact claim the City had feared--a claim that, ...

  • Modelo constitucional en materia de libertad de pensamiento, conciencia y religión