Also known as: causes of action · cause-of-action · COA
Written by attorneys · grounded in primary & secondary sources — see below
An aggregate of operative facts that entitles a person to obtain a remedy in court from another person. The facts must support a recognized legal theory under which relief may be granted.
Claire Campbell hires attorney Connor Clark to pursue a personal injury claim against a trucking company. Clark proposes taking a 20 percent ownership interest in any eventual settlement proceeds in exchange for reduced hourly fees. The arrangement violates the prohibition on acquiring a proprietary interest in the client's cause of action.
Caleb Chang alleges that federal agents conducted an unreasonable search of his home in violation of the Fourth Amendment and seeks damages directly under the Constitution. Even without an express statutory remedy, the complaint states a cause of action arising under federal law sufficient to support federal question jurisdiction.
Select any source to read its text and confirm it supports the definition.
Caitlin Crowley proves that a neighbor trespassed on her land but shows no actual loss in property value or other compensable harm. The court recognizes the established cause of action and awards a trivial sum as nominal damages to vindicate the legal right.
Cameron Cruz sues after his fiancée breaks their engagement, seeking damages for emotional distress and expenses incurred in wedding preparations. Most states have abolished this breach-of-promise cause of action by statute, leaving Cruz without a recognized legal theory.
Chloe Chen is served with process while briefly visiting the forum state on unrelated business. The state court may exercise personal jurisdiction over her even though the underlying cause of action arose elsewhere and her presence was temporary.
Continental Bank files a diversity action against Citadel Security. Complete diversity exists on the filing date even though one party's citizenship changed after the events giving rise to the cause of action occurred. Post-filing changes in domicile do not destroy subject matter jurisdiction.
The plaintiff must allege a set of operative facts that, if proven, would entitle the plaintiff to a judicial remedy under a recognized legal theory. The facts must satisfy every element of the chosen claim.
No. The law does not provide redress for every loss. A plaintiff must identify a recognized legal theory that, if proved, would entitle the plaintiff to relief.
Remedial issues arise only after a plaintiff has established a cause of action. Once the right is infringed in a way that gives rise to a legal claim, the court may consider available remedies such as damages or injunctive relief.
A lawyer generally may not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, subject to narrow exceptions such as a lawful lien or a reasonable contingent fee.
…libel, of the officials of whom the government is composed. There is no legal alchemy by which a State may thus create the cause of action that would otherwise be denied for a publication which, as respondent himself said of the advertisement. "reflects not only on me but on the other Commissioners and the community." Raising…