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17) Implied causes of action were used frequently by the Warren Court and continued to be favored during the years immediately following Chief
313; 2) who is a viable defendant under either statutory cause of action; and 3) what are "damages" under the two statutory causes of action and, in particular, is direct injury to property required?
56) Others, employing the seemingly more expansive inquiry permitted under Guggenheimer, give greater scrutiny to the plaintiffs causes of action in light of the affidavits and are more willing to dismiss claims of questionable merit.
The appellate court distinguished the four causes of action from the two that the statute authorized expressly.
When the Thompsons alleged "that the defendant's single wrongful act invaded two different primary rights, they stated two causes of action.
Most courts denying the causes of action have ultimately concluded that recognition of such claims is best left to the legislature.
These rulings eliminate these causes of action from the case.
Holwell clarifies a decision the court entered two months earlier establishing that Texas law requires issuers of directors & officers (D&O) liability policies to advance defense costs incurred in connection with covered and non-covered causes of action interposed in the same lawsuit.
313(3) creates a private cause of action imposing liability without proof that the defendant caused the pollution, or merely modifies existing common law causes of action, which require proof of causation.
Boyle noted that despite the court's ruling, future cases like Draper's will be limited by a medical malpractice "reform" law recently passed in New Jersey, which requires such causes of action to be brought before a child's 13th birthday.
A prisoner moved to amend his [section] 1983 complaint to add additional defendants and to add two causes of action pertaining to his conditions of confinement.
RFI is also considering dismissing three of the five causes of action against the city, Souza said.