Also known as: arise out of · arises out of · arisen out of · arose out of · arising from
Written by attorneys · grounded in primary & secondary sources — see below
A connection between an event, claim, or liability and a particular transaction, occurrence, conduct, or status that establishes a causal or relational link.
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Andre Antoine sued Apollo Energy for breach of a supply contract after the company failed to deliver parts on time. Apollo answered and asserted a counterclaim for damages from Andre's alleged misuse of the same parts in a related project. The counterclaim must be asserted because it shares the identical supply transaction as the subject of Andre's claim.
Albert Allen purchased shares in Alpine Mining. The corporation later incurred environmental cleanup costs from its mining operations. Creditors attempted to collect directly from Albert. Albert faces no personal liability because the obligations originated solely from the corporation's own acts.
Angela Acosta joined a new firm after leaving her prior employer. The new firm discovered that a current client matter overlapped with a matter Angela had handled at her old firm. The firm may disclose limited information to identify and resolve the conflict created by Angela's employment change.
Aether Technologies allowed its sales manager to use company letterhead and attend trade shows while representing the firm. A third party contracted with the manager for equipment believing he spoke for Aether. The contract binds Aether because the manager's authority arose from the company's own manifestations to the third party.
Ava Adebayo paid to participate in a guided rock-climbing excursion run by Alliance Holdings. She signed a waiver and then fell when a guide negligently failed to secure an anchor. Ava cannot recover because she voluntarily accepted the risk created by the company's negligent conduct.
Andrew Avery was tried and convicted of armed robbery for holding up a store. Prosecutors later charged him with larceny for taking cash from the same registers during the identical incident. The larceny prosecution is barred because the lesser offense arose out of the same conduct already adjudicated.
A claim arises out of the same transaction when it shares a logical relationship with the opposing party's claim such that separate trials would involve substantial duplication of evidence. The rule requires the pleader to assert any such claim at the time of service if jurisdiction exists.
A shareholder is not personally liable for liabilities of the corporation, including those arising from the corporation's own acts, except to the extent of unpaid consideration for shares. The protection applies even when the acts generating the liability are those of the entity itself.
…of this case emphasizes the imminence and enormity of that threat. One of the acute and highly emotional issues in this country arises out of efforts of many people, even including some public officials, to continue state-commanded segregation of races in the public schools and other public places, despite our several holdings…
…there are sufficient to render the corporation amenable to suit brought in the courts of the state to enforce an obligation arising out of its activities there. International Harvester Co. v. Kentucky , 234 U. S. 579, 587; People’s Tobacco Co. v. American Tobacco Co. , 246 U. S. 79, 87; Frene v. Louisville Cement Co. , 77…
…in the Special Prosecutor plenary authority to control the course of investigations and litigation related to "all offenses arising out of
…importance of classes of legally protected interests. And current limitations upon the effective functioning of the courts
…1915, ch. 90, 1915 Tex. Gen. Laws 143 (repealed 1955) (Act designed to relieve society of "the heavy economic and moral losses
Disclosure is permitted solely to detect and resolve conflicts arising from the lawyer's change of employment or firm ownership changes, provided the information would not compromise attorney-client privilege or prejudice the client.
Apparent authority arises from the principal's manifestations to third persons that the agent possesses authority to act on the principal's behalf. The power to affect legal relations exists only when the third party reasonably relies on those manifestations.
A plaintiff who voluntarily assumes a risk of harm arising from the defendant's negligent or reckless conduct cannot recover for that harm. The bar applies whether the assumption is express or implied from the circumstances.
Attachment of jeopardy for a lesser included offense bars subsequent prosecution for the greater offense arising out of the same conduct. The greater offense requires no additional proof beyond the lesser plus extra elements, so the second prosecution is precluded.