Also known as: disallows · disallowed · disallowing · disallowance · reject claim · deny
Written by attorneys · grounded in primary & secondary sources — see below
To reject judicially or administratively a claim, motion, request, or right that fails to meet substantive or procedural standards.
Dustin Donovan, born in a foreign territory to U.S. citizen parents, petitioned a state agency for recognition as a U.S. citizen under the Fourteenth Amendment. The agency disallowed the petition after determining he was not subject to U.S. jurisdiction at birth. Donovan then filed suit claiming abridgment of privileges and immunities.
Delilah Duran testified at trial that she had never discussed the contract terms with the defendant. Defense counsel sought to introduce extrinsic evidence of her earlier inconsistent deposition statement. The court disallowed the evidence because Duran had not first been given an opportunity to explain or deny the statement.
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Devon Drake permitted neighbors to cross his land for years without objection, leading them to build a permanent access road. When Drake later fenced the path, the neighbors sued to establish a servitude. The court disallowed Drake's denial of the servitude because injustice could be avoided only by recognizing the burden on the land.
Demetrius Douglas, an alien detained as an enemy combatant, filed a habeas petition challenging indefinite detention. The government moved to dismiss on the ground that Congress had categorically barred such review. The court disallowed the motion because no meaningful substitute existed for challenging the President's authority to detain.
Denise Donovan sued in federal court and recovered only $40,000 after a jury verdict. The defendant moved for an order disallowing costs to Donovan and imposing costs on her instead. The district court granted the motion under the statute governing recoveries below the jurisdictional amount.
Dawson Steel served requests for admission on Duffy Construction. Duffy's responses failed to specifically deny or explain why it could not admit or deny certain facts. The court disallowed the responses as noncompliant and deemed the matters admitted.
A district court may disallow costs to the plaintiff and impose costs on the plaintiff when the recovery is finally adjudged to be less than $75,000, exclusive of interest and costs, in a diversity case originally filed in federal court.
The witness must be given an opportunity to explain or deny the statement, and an adverse party must be given an opportunity to examine the witness about it, unless the court orders otherwise.
A landowner is estopped from denying a servitude when injustice can be avoided only by its establishment, the owner permitted use under circumstances making substantial change in position reasonably foreseeable, and the user did substantially change position in reasonable reliance.
…marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right. The right of same-sex couples to marry that is part of the liberty promised by the Fourteenth Amendment is derived, too, from that Amendment’s guarantee of the equal…