gravamen test
2884 results for gravamen test
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629 F.3d 213 (D.C. Cir. 2010), 09-7167, In re Interbank Funding Corp. Securities Litigation
..." ), did not reveal Interbank's alleged " Ponzi scheme." Thus, the gravamen of the appellants' complaint is that, by certifying Interbank's materially ...Only the reliance prong of this test is at issue in this appeal. In Affiliated Ute, the ...
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982 F.2d 693 (2nd Cir. 1992), 762, Computer Associates Intern., Inc. v. Altai, Inc.
...The district court accepted Williams' testimony that no one at Altai, with the exception of Arney, affirmatively knew that ...1201, 1205 (S.D.N.Y.1986). The defendant's breach of duty is the gravamen of such trade secret claims, and supplies the "extra element" that ...
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557 F.3d 1066 (9th Cir. 2009), 06-35563, Doe v. See
... Malaysia, 269 F.3d 133, 137-38, 146 (2d Cir.2001) (relying on testimony and affidavits from the parties in concluding that the " generic ... O'Bryan held that, because the " true essence" or " gravamen" of the wrongful activities alleged in the plaintiff's complaint sounded ...
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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)); ...
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306 F.3d 954 (9th Cir. 2002), 01-55841, Luna v. Cambra
...At trial, the prosecution presented the testimony of Leal, who identified Luna as the man who had stabbed him. On ... previously considered additional evidence that does not alter the gravamen of the petitioner's claim. See Brown, 137 F.3d at 1157 n. 3 (alteration ...
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970 F.2d 583 (9th Cir. 1992), 88-5421, United States v. Lopez-Alvarez
...At trial, Garcia, who had been in prison with the defendant, testified that Lopez-Alvarez had on several occasions spoken about his involvement ...Instead, the state is required to support independently only the gravamen of the offense--the existence of the injury that forms the core of the ...
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521 F.3d 306 (4th Cir. 2008), 07-1123, E.E.O.C. v. Sunbelt Rentals, Inc.
... A. The "gravamen" of any hostile work environment claim is that the harassment was ...In addition, Ingram testified that Gray often harassed him about his short prayer sessions during work ...
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653 F.3d 1057 (9th Cir. 2011), 09-56569, United States v. Washington
... the exclusive procedural mechanism by which a federal prisoner may test the legality of detention." Harrison v. Ollison, 519 F.3d 952, 955 (9th ...Because the gravamen of Washington's assertions go to the merits of his conviction, his Rule ...
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340 U.S. 162 (1950), 34, McGrath v. Kristensen
... administrative proceeding creates a situation which is subject to test on constitutional grounds through habeas corpus by one in custody. 11 We ..., though inartistically, appears from the complaint that its true gravamen is the ineffectiveness of the application for relief from service to bar ...
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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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986 F.2d 1521 (9th Cir. 1993), 90-35307, Jordan v. Gardner
...The record includes over 1000 pages of trial testimony transcripts, about 300 court documents, and various . . exhibits ...The gravamen of the inmates' charge here is that the cross-gender clothed body searches ...
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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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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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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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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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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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910 F.2d 1084 (3rd Cir. 1990), 89-1400, United States v. Pungitore
... and Testa Murders. 2. Successive Federal Prosecutions of the Rouse ... The gravamen of an extortion offense under the Pennsylvania statute cited in 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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576 F.3d 221 (5th Cir. 2009), 08-20578, Xtreme Lashes, LLC v. Xtended Beauty, Inc.
...Confusion of origin, not the identity of marks, is the gravamen of trademark infringement. KP Permanent Make-Up, Inc. v. Lasting ... applied a different standard of review, body of law, and legal test. It contributes nothing to this dispute. The evidence ...
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697 F.3d 869 (9th Cir. 2012), 10-17619, In re Rigel Pharmaceuticals, Inc. Securities Litigation
... were dose-related neutropenia, mild elevations of liver function tests, and gastrointestinal (GI) side effects. Dose reduction (to one half the ... with respect to its section 11 claims are unconvincing where the gravamen of the complaint is fraud and no effort is made to show any other basis ...
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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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568 F.3d 1350 (11th Cir. 2009), 08-13446, Williams v. Mohawk Industries, Inc.
... The district court did not evaluate the employees' expert testimony. The district court concluded that arguments by Mohawk attacking the ...Instead, the very gravamen of the RICO claims is the " pattern of racketeering activities" and the ...
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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 ...