Also known as: stems · stemmed · stemming
Written by attorneys · grounded in primary & secondary sources — see below
To originate in or arise out of another fact, event, or legal provision.
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Stella Shapiro sued a rival for federal copyright infringement after the rival published a substantially similar novel. She added a state unfair competition claim based on the same copying. The federal court exercises supplemental jurisdiction because the state claim stems from the identical set of operative facts as the federal claim.
Santiago Sanchez was arrested without a warrant when federal agents entered his home and conducted a full search. His subsequent damages action against the agents stems from the alleged violation of Fourth Amendment rights during that encounter.
Seth Shapiro sold goods to Washington residents through traveling salesmen. The state's tax and regulatory claims against the company stem from those in-state sales activities that created minimum contacts with the forum.
Sydney Santos was convicted under a federal statute for possessing a firearm near a school. The constitutional challenge succeeds because the regulated conduct stems from purely local, non-economic activity that lacks a substantial effect on interstate commerce.
Sofia Stern owned Grand Central Terminal. The owners' regulatory takings claim stems from the city's refusal to permit construction of a new office tower above the terminal under the landmarks preservation law.
Sierra Solutions sold cars with undisclosed paint repairs. The due process challenge to the punitive award stems from the ratio between the compensatory damages and the much larger punitive damages imposed by the Alabama jury.
It means the claims arise from a common nucleus of operative facts so that they form part of the same case or controversy. A federal court may then exercise supplemental jurisdiction over the related state claim.
No. Acceleration may also stem from violation of other covenants such as failure to pay taxes, maintain insurance, or avoid waste, even when security is not impaired.
A jurisdictional rule stems from fair play and substantial justice when it avoids imposing hardship or inconvenience that greatly outweighs any advantage of litigating in the forum.
…“contrary to natural justice.” And previous cases had indicated that the ancient rule against judgments without notice had stemmed from “natural justice” concepts. These cases, while giving additional reasons why notice under particular circumstances is inadequate, did not mean thereby that all legislative enactments…