cause of action

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  • noun

Words related to cause of action

a claim sufficient to demand judicial attention

References in periodicals archive ?
In principle, according to arguments forwarded in this article, there is no reason why the rules of cause of action estoppel cannot be limited to the narrow question of whether the prior action decided the issues involved in awarding the judgment.
The Supreme Court in Bivens implied a cause of action that made
1997): "The statute is so badly drafted that if it does intend to create a cause of action, it opens up a real can of worms in terms of who (3) can sue, where, and for what.
7) If, accepting the truth of the allegations and according the plaintiff the benefit of every reasonable inference, the court concluded that the plaintiff stated a cause of action cognizable at law, the defendant's motion was denied.
Based on the legislative history, the appellate court held that the statute allowed a cause of action for the loss of a viable or nonviable fetus in the mother's body, but did not allow a cause of action for the loss of an embryo created by IVF that had not been implanted into the mother, and remanded the case to the circuit court.
It's not acceptable what happened and it is fair to say we are not happy about it, but we are satisfied with the cause of action taken.
Accordingly, since the sine qua non of Tanya's cause of action was the intentional infliction of emotional harm, and there was none, the court concluded that the Childers had no viable cause of action.
The court held, inter alia, that in its initial order granting summary judgment, the trial court properly concluded that the clear and unambiguous terms of the Release and Settlement Agreement failed to reserve a cause of action and barred Francois from pursuing a claim against the University.
More recently, however, the spoliation of evidence has resulted in the ability to assert an independent cause of action in tort.
Cause of Action #1: Tortious interference with a contract: In this action, Oak/Boening alleged intentional and malicious interference by MBD, accusing the Bronx-based distributor of using leverage with brewers to get brand extensions that should have gone to Oak/Boening.
The court noted that adoption of such a theory would subject prisoners to a "Catch 22" by establishing a rule that, by virtue of an inmate having fulfilled the requirements necessary to pursue a cause of action in federal court, he would be precluded from prosecuting the very claim he was forced to exhaust.
States vary widely on whether or not to recognize spoliation as a separate cause of action or whether to give courts, at minimum, discretion for sanctions.
But, Kmiec said: ``If an inmate in a county jail can amass the facts to show there is little or no racial mixing, it seems to me he would have the beginning of a cause of action that is certainly not ruled off-limits by (Wednesday's) decision.
3) Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation.