gravamen test
2841 results for gravamen test
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71 F.3d 119 (4th Cir. 1995), 94-2602, Supermarket of Marlinton, Inc. v. Meadow Gold Dairies, Inc.
... its case against the Meadow Gold officials primarily on the testimony of Paul French, a former general manager of Valley Rich. French testified, ...at 727. We explained in Horne, "privity is not the gravamen of the [Rule 804(b)(1) ] analysis. Instead, the party against whom the ...
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123 F.3d 246 (5th Cir. 1997), 96-60413, Sunbeam Products, Inc. v. West Bend Co.
...The gravamen of trademark law is source identification. Therefore, a given mark or ... secondary meaning, for purposes of the preliminary injunction test. A mark or product feature has acquired secondary meaning if it "has come ...
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126 F.3d 655 (5th Cir. 1997), 96-31113, United States v. Rogers
...Testimony at trial showed that a black man wearing a baseball cap, sunglasses and a ..."The gravamen of the determination is fairness and reliability." Sanchez, 988 F.2d at ...
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723 F.2d 675 (9th Cir. 1984), 82-4069, Ybarra v. Reno Thunderbird Mobile Home Village
...1983, alleged that the prosecutor knowingly introduced perjured testimony. The Supreme Court held the prosecutor was absolutely immune from a Sec. ...As the district court stated,. In this case, the gravamen of the plaintiffs' claim [is] that the prosecutor suppressed or failed to ...
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394 F.2d 329 (9th Cir. 1968), 21492, Williams v. Field
... that 'the records and files of this court do not sustain the gravamen of the complaint submitted for filing in forma pauperis * * *.' Williams ...The application of such a test would generally divest state prisoners of the privilege of proceeding in ...
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532 F.3d 157 (2nd Cir. 2008), 06-4216, Arar v. Ashcroft
...In doing so, however, we have noted that “the test for determining whether [a statute vesting exclusive jurisdiction in the ... 1. What is the gravamen of Arar's complaint? 2. Does it allege a deprivation of his right to ...
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Shifting the burden in software licensing agreements.
..., most courts evaluate the contract's "predominant purpose." (20) This test asks which part of the contract is paramount--the goods sold or the ...) The second test, used by a minority of courts, is known as the "gravamen of the action" test. (22) Under the "gravamen" test, courts determine ...
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719 Fed.Appx. 47 (2nd Cir. 2017), 17-1157, MMA Consultants 1, Inc. v. The Republic of Peru
... upon' the particular conduct that constitutes the. gravamen of the suit." Atlantica Holdings, 813. F.3d at 107 (quoting OBB ...for Pl.-Appellant at 36. But we do not conduct the. gravamen test by engaging in an " exhaustive. claim-by-claim, element-by-element ...
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MMA Consultants 1, Inc. v. The Republic of Peru, 121917 FED2, 17-1157
... upon' the particular conduct that constitutes the. gravamen of the suit." Atlantica Holdings, 813. F.3d at 107 (quoting OBB ...for Pl.-Appellant at 36. But we do not conduct the. gravamen test by engaging in an "exhaustive. claim-by-claim, element-by-element ...
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65 F.3d 256 (2nd Cir. 1995), 1531, Securitron Magnalock Corp. v. Schnabolk
... on numerous occasions," that the Magnalock "failed our laboratory test when we applied the 1000 volt test" and that Kalon "currently [has] a ...349(h)). It is clear that "the gravamen of the complaint must be consumer injury or harm to the public interest." ...
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383 U.S. 463 (1966), 42, Ginzburg v. United States
...Besides testimony as to the merit of the material, abundant evidence was introduced that ... misused them, and it was that misuse which constituted the gravamen of the crime." Id. at 515. Speaking for the Court in affirming the ...
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764 F.2d 1101 (5th Cir. 1985), 84-1270, Callejo v. Bancomer, S.A.
...It is evident that the gravamen of the complaint, succinctly set forth in paragraph 7 thereof, is as ... 589 F.Supp. at 1469. Applying this test, the Braka court concluded, "Here, the activity at issue is Bancomer's ...
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566 F.3d 775 (8th Cir. 2009), 08-2612, Hertz v. Woodbury County, Iowa
...Many of the Plaintiffs testified that they live many miles from the police station and have lengthy ... See id. (citing various exemption claims). The gravamen of Plaintiffs' complaint is that they performed " work" during mealtimes, ...
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'Look then to be well edified, when the fool delivers the madman': insider-trading regulation after Salman v. United States.
..." purposes, our inquiry focuses on the second prong of this two-prong test, which the SEC announced in the seminal case In re Cady, Roberts & Co., ...." (104) It appears then, at least to Justice Breyer, that the gravamen of the "personal benefit" test is whether the tipper believes that the ...
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556 F.3d 361 (6th Cir. 2009), 07-5078, O'Bryan v. Holy See
..., directing district courts first to ascertain the claim's gravamen to determine whether the FSIA plaintiff is simply using creative ... function exception, courts apply the two part Berkovitz test:. The first inquiry is whether the challenged action involved an element ...
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862 F.2d 1355 (9th Cir. 1988), 86-6091, Republic of the Philippines v. Marcos
...18 U.S.C. Sec. 1964. Pendent Jurisdiction. The gravamen of the Republic's entire case is the allegation that the Marcoses stole ..."These are not two distinct tests, but rather the opposite ends of a single 'continuum in which the required ...
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874 F.2d 20 (1st Cir. 1989), 88-1866, United States v. Bay State Ambulance and Hosp. Rental Service, Inc.
...Every member of the committee who voted and who testified at trial, stated that Bay State had always been their number one choice ...The gravamen of Medicare Fraud is inducement. Giving a person an opportunity to earn ...
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706 F.2d 1322 (5th Cir. 1983), 82-2087, United States v. Cauble
...We have not, however, formulated a test to determine whether the requisite nexus has been established by the ... 129 The gravamen of the offense under Sec. 656 is the defendant's depriving the bank of ...
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801 F.2d 1437 (4th Cir. 1986), 85-5035, United States v. Tedder
...Tedder had testified before the Grand Jury, but he was not named in its first indictment. That ...The gravamen of conspiracy is that each conspirator is fully liable for the acts of all ...
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615 F.2d 1372 (5th Cir. 1980), 79-1221, Mid-Texas Communications Systems, Inc. v. American Tel. and Tel. Co.
... The gravamen of WTC's theory of liability is that Bell violated section 2 of the ...1960) (monopolist's conduct tested under "fairness" approach which includes consideration . . of ...
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Independent Contractor Status And The ABC Test
I have handled almost 100 unemployment insurance audits by the New Jersey DOL, where the underlying gravamen is that certain individuals are or are not independent contractors. The Auditors enforce the law very strictly and follow, in my view, an almost mechanistic approach in their determinations that virtually every 1099 person they audit is an “employee.”
. I have handled almost 100 unemployment insurance audits by the New Jersey DOL, where the underlying gravamen is that certain individuals are or are not independent contractors. The Auditors enforce the law very strictly and follow, in my view, an almost ...
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344 F.3d 822 (9th Cir. 2003), 01-57218, Carpinteria Valley Farms, Ltd. v. County of Santa Barbara
... decision today does not overrule or limit the traditional ripeness test for "as applied" takings claims or claims for which the analysis depends ... ripe for judicial review, the district court determined that the gravamen of Nesbitt's complaint was an "as applied" takings challenge to the ...
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674 F.3d 332 (4th Cir. 2012), 09-5130, United States v. Jefferson
...Jefferson did not testify in his own defense. During the trial, the prosecution, in proving that the ...Condolon, 600 F.2d 7, 8 (4th Cir.1979) (" The gravamen of the [wire fraud] offense is simply the misuse of interstate ...
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43 F.3d 775 (2nd Cir. 1994), 477, Waldman Pub. Corp. v. Landoll, Inc.
...at 490 (citations omitted). The test of originality is concededly a low threshold. By this definition, the ..., 648 F.2d 602 (9th Cir.1981), the Ninth Circuit discussed the gravamen of the injury in a reverse passing off case:. [T]he originator of the ...
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940 F.2d 925 (5th Cir. 1991), 90-1099, Samaad v. City of Dallas
... upon different things but are reluctant to articulate hard-and-fast tests. 9 . Some courts concentrate on the facts underlying the ... unequal treatment of persons similarly situated that would be the gravamen of a complaint for denial of equal protection" (citations omitted)); ...