gravamen test

...          8. That the testimony of a key prosecution witness should have been stricken in that the ...    Although state law becomes the focus of this inquiry, 'the gravamen of a charge under § 1952 is the violation of federal law * * *.' United ...

...test. The gravamen of their argument is that the FAA improperly excluded ...

...Cumberland's argument seems to be that the gravamen of the financial responsibility test is that the owner or operator of a ...

... accessing Baker's account. She testified in her. deposition that this "would send up a red flag that more. ... and "[t]he gravamen of estoppel . . . is misleading and. consequent loss." Id. at 684. ...

... before the officials sought a court order authorizing a pregnancy test (she having claimed to be pregnant), an x-ray, and a rectal examination. ...33 . .         But these dangers are not the gravamen of my dispute with JUSTICE STEVENS; the Court has concluded that medical ...

... other appellate courts after Baral have continued to use the “gravamen” test when applying the anti-SLAPP statute. . . For example, in ...

... third party claims against the other for indemnity, were selected as 'test cases' to determine the issues of liability and the right to indemnity. 1 ...Where the gravamen of the complaint is the negligent performance of operational tasks, rather ...

... injury by reason of defendant-appellant's assertedly false testimony in a hearing held in connection with a grand jury investigation of ...         The dissent, stressing that the gravamen of appellees' complaint concerns an act committed on the witness stand, ...

... panel. Further, Holliday overruled the "gravamen" test. employed by the court in Sears v. Penrose Hospital, supra. ...

...'s claims for declaratory and injunctive relief based on the "time-tested principle of Ex Parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 ... three-factor test applied in Thomas and San Diego Guns, for the gravamen of the suit is economic injury rather than threatened prosecution. Indeed, ...

...The gravamen of the IRS's exemptions seems to be that a taxpayer will not be penalized ...He argues that the Regulation converts the statute into a test of "ordinary business care," because a taxpayer who demonstrates ordinary ...

...test by his employer, he tested positively for methamphetamine and was fired. ...But that is not his claim. We think, instead, that the gravamen of Mr. Graham's complaint is that CT relied on an improperly conducted ...

...41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). The gravamen of Establishment Clause claims is the three-prong test articulated by the ...

... to injunctions, this means following eBay 's familiar four-factor test:. . . A plaintiff must demonstrate: (1) that it has suffered an ...The gravamen of estoppel . . . is misleading and consequent loss. Delay may be ...

... in a concerted refusal to deal with her, and that this is the gravamen of her antitrust complaint: "McCready alleges that she has been the victim ... determinative factor in the proper application of the "target area" test to the facts of this case:. In determining who has standing to sue, the ...

... burdens on interstate commerce--a court should apply a balancing test:. Where the statute regulates even-handedly to effectuate a legitimate ... proper constitutional test to the nature of the case law to the gravamen of Plaintiffs' legal position. Contrary to the Administrator's spin, the ...

... name" and thus must satisfy "the same standing test. that applies to individuals." See OCA-Greater Hous. v. Texas, ... "the statute whose violation is the gravamen of the. complaint, " and, more precisely, "the statutory. ...

...tests to determine into which category a particular device falls is clearly ... not constitute the tort of 'unfair competition.' However, the gravamen of Pursche's dependent claim is not Atlas' breach of contract, but rather ...

... facilitate child slavery. Indeed, the gravamen of the. complaint is that defendants depended on-and orchestrated-a. ... the touch and concern test. Id. The only guidance. the Court provided about the "touch and ...

... use in state and local inspection and maintenance programs, "short tests" which could reasonably identify vehicles that exceeded emission ...         42 U.S.C. Sec. 7541(b)(1)-(iii). The gravamen of petitioner's challenge is the alleged failure of EPA to meet these ...

...This was consistent with Mr. Sutton's deposition testimony taken in TAS I on February 11, 2004. Joint App'x at 417-418. He also ...The gravamen" of Cummins' appeal centers on the second prong of the res judicata test\xE2"...

...23, 2015). [6] The Supreme Court’s ruling focused on the “gravamen of the complaint,” a term which has proven difficult to define over the ...Schulder, 547 S.W.2d 927, 931 (Tenn. 1977). This was the test adopted by the Court of Appeals. Other courts have held the “gravamen” ...

... for Hull, requesting authorization to administer a thallium stress test. Dr. Fallon denied both requests for a thallium stress test and instead ...1990).         The district court found that the gravamen of Hull's claims is that he was denied a thallium stress test.5 We agree. ...

...at 555 & n. 3, 127 S.Ct. 1955. The test, as authoritatively formulated by Twombly, is whether the complaint ...31 .          The gravamen of plaintiffs' allegations lies in what the District Court described as ...