gravamen test

... 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 ...

...In June 1997, Sigmon was randomly selected to undergo testing for the presence of alcohol and narcotics in his bloodstream pursuant to a ...See Gallagher, 49 F.3d at 1447. Because the gravamen of Sigmon's argument is that the Appellees conspired with Tulsa to violate ...

... Franchise Tax Board issued notices of additional assessments, the gravamen of which was that appellant should have treated its overseas subsidiaries ... improper because it failed to meet either of the additional tests mandated by the Foreign Commerce Clause.    Id., at 451-454, 99 S.Ct., ...

... 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. ...

... 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 ...

...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 ...

...(607) The test adopted by the court from the Eleventh Circuit in Bivens is the ..."The gravamen of [a] RICO cause of action is not the violation of state law, but rather ...

...    The distinction between an aggregation and a combination and 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 ...

... 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 ...

... 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. ...

...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” ...

...'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, ...

...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"...

...Graham, a truck driver, was required to take a random drug 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 ...

..., 123 L.Ed.2d 47, and identified that conduct by looking to " the 'gravamen of the complaint,'" id., at 357, 113 S.Ct. 1471, 123 L.Ed.2d 47. Pp. 5-6. ...P. 7.          (3) As opposed to adopting a one-element test, the Nelson Court zeroed in on the core of the plaintiffs' suit--the ...

...This standard applies with. equal force to lay and expert testimony. Cordova v. Industrial Claim Appeals,. 55 P.3d 186 (Colo. App. 2002). ...App. 2001). ("gravamen test" overruled and penalties not limited to § 8-43-401(2)(a). if ...

...(5) Various common law tort and RICO claims created the gravamen of the lawsuit, providing the basis for jurisdiction over all the parties ... IV additionally suggests that the Second Circuit should adopt a new test, loosely based on the China Trade factors, to determine whether a court ...

...This definition is over-inclusive, failing to pass a broad-brush test of conceptual analysis. This definitional failure unsurprisingly muddies ... of "such purposes as," the first two components describe the gravamen of the wrong of torture according to the CAT (and also the Declaration): ...

... 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. ... "the statute whose violation is the gravamen of the. complaint," and, more precisely, "the statutory. ...

... Sheriff Elaine Palen, among other law enforcement officers, testified for the government. Schmitz and his girlfriend, Micki Yeager, testified ...Specifically, Schmitz argues:.         "The gravamen of Appellant's argument is that the district court utilized the wrong ...

... • Preliminary Hearing and Trial : Howard. testified at trial that she had identified Dennis as the. shooter at a ... the absence of any argument regarding the gravamen of. Lambert .. [Dennis] has failed to establish a basis. for ...