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| | Cause of action - Wikipedia, the free encyclopedia |
 | | "Cause of action" encompasses both the legal theory of what legal wrong the plaintiff claims to have suffered, and the remedy, which is what a court is allowed to order the defendant to do to compensate the plaintiff for that wrong. | | | In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. | | | If a complaint does not allege facts to support every element of the cause of action it describes, the court will dismiss the complaint for failure to state a claim, for which relief can be granted. |
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http://wikipedia.lotsofinformation.com/wiki/index.php/Cause_of_action
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| | [No title] |
| | In many lawsuits there are several causes of action stated separately, such as fraud, breach of contract, and debt, or negligence and intentional destruction of property. |
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http://dictionary.law.com/definition2.asp?selected=156&bold=
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| | Smith v. Superior Court (Abbott Ford) 151 Cal. App. 3d 491, 198 Cal. Rptr. 829 (1984) |
| | Because we conclude that the eighth count stated a cause of action for intentional spoliation of evidence, significantly prejudicing the Smiths' opportunity to obtain damages for their injuries, the alternative writ is to be discharged and the trial court directed to overrule the demurrer. | | | Abbott Ford contends that a cause of action for an intentional tort of spoliation of evidence is precluded under California statutory and case law, because a penal statute has in effect preempted the field. | | | The disallowance of such duplicative causes of action after completion of the trial is solidly grounded on the impermissibility of making collateral attacks on the findings of a court and the desire to end litigation. |
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http://www.law.harvard.edu/publications/evidenceiii/cases/smith.htm
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| | COURT ALLOWS BATTERED WOMEN |
| | Furthermore, until now, the "battered-women's syndrome" has not been an affirmative cause of action recognized by the courts of this state, and, in fact, has been cognizable under the law only as a defense in criminal actions. | | | 1189 (1979), this case is novel because the court has allowed (1) a "cumulative" cause of action (referring to it as one continuous cause of action) and (2) a cause of action based on what, until now, was used as a defense in a criminal case. | | | Although he recognized this, Judge Napolitano allowed this new cause of action to stand despite the motion to have the action dismissed for failure to state a claim for relief, starting that the New Jersey Supreme has expressly held that trial courts must accord any plaintiff's complaint a "meticulous" and "indulgent" examination. |
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http://www.gourvitz.com/cause.htm
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| | 33-18-242. Independent cause of action -- burden of proof. |
| | (4) In an action under this section, the court or jury may award such damages as were proximately caused by the violation of subsection (1), (4), (5), (6), (9), or (13) of 33-18-201. | | | Actions may be bifurcated for trial where justice so requires. | | | (2) In an action under this section, a plaintiff is not required to prove that the violations were of such frequency as to indicate a general business practice. |
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http://data.opi.state.mt.us/bills/mca/33/18/33-18-242.htm
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| | OSCN Found Document:BENNETT v. WINFREY |
| | Fogg, the cause was assigned to a Justice of this court for examination and report to the court. | | | Whereupon defendant moved to strike the third cause of action from the petition for the reason that the causes of action in plaintiff's petition are not identical and are improperly joined, which motion the court overruled. | | | Where the evidence discloses that a husband acted as agent of his wife, he is a competent witness to testify in her behalf in the trial of a civil action, for or against her, as to what he does and says in relation therewith. |
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http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=29783
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| | Welcome to Knapp Petersen & Clarke - Publications - Litigation |
| | The trial court agreed that this was an appropriate case for imposition of judicial estoppel. | | | The court specifically found that plaintiff, in bad faith, had failed to disclose his personal injury cause of action in the bankruptcy case with the intent of concealing this asset from the reach of his creditors. | | | The failure to disclose a claim to the bankruptcy court could result in a successful defense of the case in state court based on judicial estoppel. |
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http://www.kpclegal.com/pub_litigate_sprg98_3.htm
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| | CATHOLIC ENCYCLOPEDIA: Cause |
| | Thus, by lapse of time, a cause may cease to be actionable; or by legal enactment, as in the case of a solicitor, who cannot sue for his bill of costs until one month after its delivery. | | | A cause of action is the entire set of facts that give rise to an enforceable claim. | | | The term cause is also employed in several other suppositions, philosophical, scientific, legal, etc., to which reference will be made in the course of the present article. |
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http://www.newadvent.org/cathen/03459a.htm
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| | OSCN Found Document:MEYER v. VANCE |
| | It is clear that it was the intention of the framers of the Code that the court in one action might settle all matters in controversy between the parties relating to the contract or transaction, which is the foundation of the action. | | | In the present case the cause of action is for damages for wrongful receivership. | | | In this connection it is pointed out that the accrual of plaintiff's alleged cause of action was not dependent on termination of the Osage County case by trial of the issues therein, but had fully accrued during the pendency thereof. |
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http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=36854
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| | Cause of Action |
| | For common law actions, such as breach of contract or assault, the elements were developed by the courts. | | | To obtain judicial relief, a litigant must demonstrate that the facts of his or her situation satisfy every element of a recognized cause of action. | | | Like most fundamental principles of United States law, the rules concerning "cause of action" first developed in the English common law courts. |
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http://users.ipfw.edu/vetterw/cause-of-action.htm
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| | action en responsabilité cause of action for liability |
| | Only common law terminology is used in the English version ("cause of action in tort") and only civil law terminology (action en responsabilité civile délictuelle) is used in the French version. | | | In the English version, the term "cause of action in tort" is replaced by "cause of action for liability". | | | In the French version, the term action en responsabilité civile délictuelle is replaced by action en responsabilité. |
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http://canada.justice.gc.ca/en/ps/bj/harm/action_resp.html
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| | Oracle Messages 'Cause and Action' |
| | Action: Specify a valid session ID that you have privilege to access, that is either you own it or you have the CHANGE_USER privilege. | | | Action: If desired, delete the entire log (after archiving if required), by using DROP LOGFILE; ORA-00363, 00000, "log is not the archived version" Cause: The log given to recovery is a backup of the online version from the time it was the current log. | | | Action: Retry with a user session ID. ORA-00030, 00000, "User session ID does not exist." Cause: The user session ID no longer exists, probably because the session was logged out. |
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http://www.oracle.com/pls/wocprod/docs/page/ocom/technology/products/designer/supporting_doc/Des10g_9044/deshlp72/messages/ora_messages.htm
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| | Law Reporter: Private cause of action for TCPA violation may be brought in state court |
| | Thus, plaintiffs complaint states a cause of action under the TCPA that may be brought in state court, the court concluded. | | | The TCPA is unusual, the court explained, in that it gives state courts exclusive jurisdiction over private rights of action and limits federal court jurisdiction to civil actions brought by state or federal authorities. | | | Defendant contended that a private right of action under the TCPA in state court was conditioned on a statute or regulation permitting such an action and that no such authority existed in New York. |
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http://www.findarticles.com/p/articles/mi_qa3898/is_200012/ai_n8911431
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| | CAUSE - Definition |
| | (Law) A suit or action in court; any legal process by which a party endeavors to obtain his claim, or what he regards as his right; case; ground of action. | | | That which is the occasion of an action or state; ground; reason; motive; as, cause for rejoicing. | | | Any question, civil or criminal, litigated or contested before a court of justice. |
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http://www.hyperdictionary.com/dictionary/cause
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| | Law Reporter: Cause of action for UM benefits accrues on date of accident |
| | The court acknowledged that Minnesota's position conflicts with the majority of jurisdictions, which hold that a cause of action does not accrue until the contract has been breached by the insurer's denial of the claim. | | | Applying this reasoning here, the court found that because liability, rather than insurance coverage, is the underlying substantive issue, a cause of action for either UIM or UM benefits accrues when the accident occurs and the claimant can seek a judicial determination of liability and recover damages. | | | The trial court granted the insurer summary judgment, finding Weeks's cause of action accrued on the accident date and, thus, was barred by the six-year limitations statute. |
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http://www.findarticles.com/p/articles/mi_qa3898/is_199811/ai_n8825349
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| | Ordinary cause: why take an ordinary cause action? |
| | Though a SW arrestment can be pursued, an ordinary cause in the Sheriff Court with its attendant publicity might for some cases, prove more effective and encourage prompt payment in the future. | | | You may take an ordinary cause action at any time within 20 years after the date on which the tax etc became due and payable, provided that a demand for payment has been made. | | | Whilst Summary Warrant will normally be your first choice for recovery action, Ordinary Cause proceedings can be a worthwhile alternative for debts in the £1,500.01 to £50,000 range - for ceased partnership cases, for example, or if the effects position is uncertain or Summary Warrant action has previously proved unsuccessful. |
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http://www.hmrc.gov.uk/manuals/enfsmanual/html/ENFS4101/12_0003_E(S)4.103.htm
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| | TITLE 1: CHAPTER 3 - LIMITATION OF ACTIONS |
| | All actions upon a liability created by a federal statute, other than a forfeiture or penalty, for which no period of limitations is provided in such statute, shall be commenced within two (2) years after the cause of action has accrued. | | | When payment has been made upon any demand founded on contract or a written acknowledgment thereof, or promise to pay the same has been made and signed by the party to be charged, the time for commencing an action runs from the date of such payment, acknowledgment or promise. | | | (c) This section shall not be construed to extend the period for bringing an action allowed by the laws of this state. |
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http://legisweb.state.wy.us/statutes/titles/title01/chapter03.htm
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| | SurfWax: News, Reviews and Articles On Cause Of Action |
| | Roberts signed a brief stating that, although the act was criminal under law, "The existence of a cause of action by no means assures the right to an unlimited array of remedies." The Supreme Court unanimously rejected that position. | | | The trial and appellate courts held that the insured failed to state a cause of action. | | | In dismissing the complaint in the derivative action, the Court determined that the plaintiff did not have the right to bring a private cause of action under Section 304 of the Sarbanes-Oxley Act of 2002 and declined to exercise jurisdiction over the other claims. |
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http://www.lawkt.com/files/Cause_Of_Action.html
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| | Messenger Online: Civil Cause of Action |
| | The solution in legal terms is to clarify statutory language by creating a specific "civil cause of action" for anyone who is injured by an underage drinker who got their alcohol from a non-commercial adult provider. | | | The court said in part, "While the legislature may decide that the reach of the Civil Damages Act needs to be revisited and amended, it is not our prerogative to do so." While some of the justices dissented, arguing the intent of the legislatures language was clear, even the majority admitted their hands where tied. | | | For example, a person injured by an underage drinker who was sold alcohol illegally in a bar can recover their damages from the bar. |
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http://www.miph.org/mjt/newsletters/dec99/cause.html
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| | SSRN-Imputation or Publication: The Cause of Action in Defamation Law by Andrew Kenyon |
| | A cause of action based on the publication should be recognised as preferable in any reforms to defamation law. | | | The cause of action's basis - in the imputations or the publication - should be seen as an important aspect of how speech is protected under defamation law. | | | The article critically reviews the NSW Law Reform Commission's repeated support for the imputation-based cause of action, and argues that it should not prevent Australian law moving to a cause of action based on published material. |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=597364
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| | Divorce Cause of Action Question - Legal Help |
| | Trying to litigate what would amount to be an action for separate maintenance while the parties cohabitate, particularly on the basis of oral promises, would be sufficiently peculiar that there, also, she would likely benefit from speaking with a family law specialist. | | | Now my question is, she does not want to file for dissolution of marriage, but she wants to file a civil complaint for his failure to support her with monthly payments and by moving all the furniture out of the house, what is her cause of action. | | | Under the circumstances you describe, it sounds like the husband is attempting to coerce the wife into filing for divorce, and it seems quite possible that a court will find that the prenuptial agreement cannot be enforced given his conduct. |
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http://www.expertlaw.com/forums/about531.html
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| | SENATE BILL 406 P.N. 1632 |
| | This 9 action shall not be collateral to the original action and shall 10 proceed without reference to its status. | | | 7 The injured party must file this action in the same court and 8 division where the original action or matter was filed. | | | A person may not be precluded from bringing 19 an action pursuant to Subchapter E.1 on the sole basis that the 20 person first brought an action under this subchapter. |
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http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/SB0406P1632.HTM
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| | PRIME COMMODITIES, INC. v. J. V. CAMPISI, INC. |
| | A cause of action accrues when a judicial proceeding may first be legally instituted upon it. | | | A complaint, either informal or formal, must be filed within nine months of when the cause of action arose. | | | In this case the Respondent actually paid Complainant without rendering an accounting, and Complainant was put on notice at that point that something was amiss under the consignment contract, and could have brought an action for an accounting at that point. |
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http://www.usda.gov/da/oaljdecisions/vol59/Vol59_at_461.htm
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| | CIVIL ACTION |
| | Civil Action includes any action within the jurisdiction of a district justice except an action by a landlord against a tenant for the recovery of the possession of real property. | | | A district justice may issue subpoenas throughout the Commonwealth to require the attendance of witnesses in any cause of action triable before the district justice. | | | in the manner provided or prescribed by the law of the place in which service is to be made for service in that place in an action in any of its courts of general jurisdiction. |
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http://members.aol.com/RulesPA/DJ4.html
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| | Divorce Source: Torts/Criminal Conversation/Validity of Cause of Action |
| | The trial court dismissed the criminal conversation cause of action. | | | The court also held that revenge motives and extortion schemes could be encouraged by the continued viability of such a cause of action. | | | The Idaho Supreme Court rejected the wife's contention that the criminal adultery statute codified the common-law tort and, thus, the court could not abolish the action, only the legislature could. |
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http://www.divorcesource.com/research/dl/torts/94may106.shtml
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| | Does Plaintiff Have A Valid Cause Of Action - AnyLawyer.info |
| | this court to grant a new cause of action. | | | This cause of action requires that facts having... | | | the requirements of a valid legal cause of action." Neitzke at 329-30. |
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http://www.anylawyer.info/does-plaintiff-have-a-valid-cause-of-action.htm
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| | SSRN-A Constitutional Cause of Action and the Internal Revenue Code: Can You Shoot (Sue) the Messenger? by Christopher ... |
| | In 1971, the Supreme Court in Bivens created a constitutional cause of action allowing a plaintiff to obtain money damages against federal officers in their individual capacities. | | | Based on the same conduct, a taxpayer may institute a Bivens action against an individual federal official with no corresponding monetary limitation. | | | Under current law, an aggrieved taxpayer may recover damages against the United States, subject to a monetary limitation, for unlawful conduct by employees of the Internal Revenue Service. |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=556000
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| | Cause of Action |
| | The cause of action in a lawsuit is the specific grievance or violation of rights that gives grounds for a legal action. | | | The reason a lawsuit may be brought to court. | | | Contact us with questions, suggestions or general feedback :: Link to the Legal Dictionary :: Our Disclaimer :: Copyright © 2005 |
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http://www.legal-dictionary.org/legal-dictionary-c/Cause-of-Action.asp
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| | Legal Definition of Splitting A Claim/Cause Of Action |
| | Because a primary purpose of claim preclusion is to protect defendants from being harassed by repetitive actions based on the same claim, the rule need not be enforced where the State and County have implicitly consented to the splitting of the Dodds' claim under state and federal laws. | | | SPLITTING A CLAIM/CAUSE OF ACTION - Dividing a single or indivisible claim or cause of action into separate parts and bringing separate suits upon it, either in the same court, or in separate courts or jurisdictions. | | | The 'Lectric Law Library's Lexicon On * Splitting A Claim/Cause Of Action * |
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http://www.lectlaw.com/def2/s108.htm
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| | cause of action |
| | Appellant has not had the opportunity, beyond his initial defective complaint, to introduce the evidence because the granting of the demurrer without leave to amend precluded and dismissed the action before trial. | | | The appellate court appointed the trial judge as referee for the taking of additional evidence, adopted the referees findings and made additional findings favorable to the plaintiff. | | | Appellant requests that this evidence be added to the record for review. |
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http://www.angelfire.com/ca5/nojustice/appinteviserr.html
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| | Common Cause Blog :: Action for Elections |
| | States should establish uniform procedures for the counting of provisional ballots, which voters can use when there are questions about their registration. | | | Our New York executive director, Rachel Leon, said yesterday that something like a third of New York City eligible voters don't have a driver's license, and thus would be disenfranchised. | | | Common Cause is a plaintiff in a case against such a law in the state of Georgia. |
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http://www.commonblog.com/section/Elections
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| | Section 25-223 |
| | 25-223 Action on breach of warranty on improvements to real property. | | | Annotations: The statute of limitations in this section applies only to actions brought against contractors or builders. | | | The statute of limitation for an action based on alleged deficiencies in improvements to real property does not run during the time when the plaintiff reasonably could not discover the existence of the cause of action. |
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http://statutes.unicam.state.ne.us/Corpus/statutes/chap25/R2502023.html
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| | "Cause Of Action" Defined |
| | For example, where the payee of a bill was dead at the time when it fell due, it was held the cause of action did not accrue, and consequently the statute of limitations did not begin to run until letters of administration had been obtained by some one. | | | The 'Lectric Law Library's Lexicon On * Cause Of Action * | | | The right to bring an action, which implies that there is some person in existence who can assert, and also a person who can lawfully be sued. |
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http://www.lectlaw.com/def/c217.htm
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| | Cause of action quotes & quotations |
| | actions but by his inaction, and in either case he is justly accountable to them for the injury. | | | But any action is better than no action at all. | | | "A person may cause evil to others not only by his |
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http://en.thinkexist.com/quotes/with/keyword/cause_of_action
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| | Rock & Rosmarin, LLP |
| | In April 20004, New York’s highest court, The COURT OF APPEALS, reversed a 20 year legal precedent, now recognizing that when medical negligence results in the miscarriage or stillbirth of a fetus, the mother is entitled to damages for emotional distress. | | | Medical Malpractice Causing Miscarriage or Stillbirth is now a recognized Cause of Action in New York for Emotional Injuries to the Mother |
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http://rockandrosmarin.com/page7.html
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| | Business Lawyer: The shareholder's cause of action for oppression.@ HighBeam Research |
| | Courts have approved settlements under both options, although the situation may support the use of one cause of action over another and the availability of damages, fees and court costs may be affected. | | | Business Lawyer; 2/1/1993; Thompson, Robert B. The inapplicability of the modes of operation of large, publicly held companies to close corporations has led to the expansion of means to dissolve such corporations, either for oppression or because of a breach of fiduciary duty. | | | Business Lawyer: The shareholder's cause of action for oppression.@ HighBeam Research |
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http://www.highbeam.com/library/doc0.asp?DOCID=1G1:13651335&refid=ip_search
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| | law.com - Rebel Without a Cause of Action |
| | On that point, Scirica found that the lower court was correct to dismiss the suit "because 'Confederate Southern-American' is not a legitimate national origin classification" under Title VII. | | | Now the 3rd U.S. Circuit Court of Appeals has upheld that ruling, but the three-judge panel was split on its reasoning. | | | But Chief 3rd Circuit Judge Anthony J. Scirica, in a concurring opinion, said he believed Storey had properly alleged an "adverse employment action," and that the appellate court was therefore forced to address whether he was a member of a protected class. |
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http://www.law.com/jsp/article.jsp?id=1102944928367
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| | Plaintiff Has A Valid Cause Of Action - AnyLawyer.info |
| | dismissed no private cause of action, no jurisdiction, no injury, the Government's compliance with the Tunney Act, and no valid claim against Microsoft Plaintiff has failed to demonstrate a... | | | counterclaim to the plaintiff's cause of action because a counterclaim is... | | | The plaintiff has probable cause to initiate civil... |
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http://www.anylawyer.info/plaintiff-has-a-valid-cause-of-action.htm
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| | Take Action - Common Cause |
| | Please sign the petition or pass it along to your friends and family in Florida. | | | Ask Your State Senator to Oppose H.B. Common Cause Ohio has been working for months to strengthen House Bill 3 (H.B. 3) for badly needed changes in Ohio's election system. | | | The fallout from the Ohio “Coingate” scandal, involving Thomas Noe, a rare-coin dealer and Republican financial backer, who is a major player in Ohio politics for years has reached beyond Ohio. Sign our petition asking Governor Bob Taft to appoint an independent investigator to investigate Coingate. |
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http://www.commoncause.org/site/pp.asp?c=dkLNK1MQIwG&b=189958
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| | Holding Power Accountable - Common Cause |
| | "We're seeing a leadership failure right now," said Common Cause President Chellie Pingree. | | | This is part of Common Cause's "Eye on the Gulf" campaign to hold Congress, the Administration and state and local governments accountable for actions in the aftermath of Katrina. We have also called for an independent, non-partisan commission to investigate the government's response to the storm. | | | However, it is the Senate Ethics Committee's responsibility to investigate whether Senator Frist's stock sale from a qualified blind trust violated Senate ethics rules. |
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http://www.commoncause.org
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| | E-Mail Filtering Best Practices: Cause for Action - CSO Analyst Reports |
| | With the spam identified, a robust spam-filtering application will enable different disposition actions. | | | For example, "gray mail" (that is, mail with a questionable probability of being spam) is sent to the recipient, but annotated as possibly being spam. | | | Gartner says that IT security directors should design their e-mail filtering architecture and business policies around legal, risk-avoidance and infrastructure best practices. |
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http://www.csoonline.com/analyst/report2215.html
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| | Section 347-165 Cause of action authorized. |
| | The secretary may bring an action to restrain a foreign limited liability company from transacting business in this state in violation of sections 347.010 to 347.187. |
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http://www.moga.state.mo.us/statutes/C300-399/3470000165.HTM
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| | CAUSE - Action |
| | As a result of this, CAUSE was able to make a formal verbal presentation to the Planning Committee in August 1999, which was well-received. | | | In March 1999 CAUSE held a two-day campaign in Stortford, asking people to sign letters of protest to East Herts District Council against the development of the ASR land. | | | Ramble in September 1999 and again in May 2002, using some of the lanes and public footpaths which run through the ASRs. |
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http://freespace.virgin.net/gary.aldam/chantry/CAUSE/action.html
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| | Pleading the Cause of Action |
| | Recall rules on contents of petition (“a statement in plain and concise language of a plaintiff’s cause of action”; “a short statement of the cause of action sufficient to give fair notice of the claim involved”) | | | Enough facts to give defendant fair notice of of nature of claim |
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http://www.stcl.edu/faculty_pages/faculty_folders/steiner/pleadings/tsld014.htm
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| | Press Action ::: A Lost Cause? |
| | There’s no need to be diplomatic, for diplomacy wasted on a lost cause is, itself, a lost cause. | | | That’s like saying Christians must put their differences aside to line up behind a policy of atheism. | | | The other part of me says go ahead and vent. |
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http://www.pressaction.com/news/weblog/print/gowans08212004
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| | Home - Kintera.org -- The Giving Communities |
| | Hurricane Katrina has been declared by President Bush as "one of the worst national disasters in our nation's history". | | | Search the Cause, Organization and Event directories, contribute money or time to a cause, and spread the word with Causezines, Tributes, eCards and more. |
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http://www.kintera.org/site/pp.asp?c=7dJBKPNxFqG&b=262740
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