Also known as:arising-out-of requirement · arising out of · arising-out-of
Written by attorneys · grounded in primary & secondary sources — see below
A nexus element that demands a factual or legal connection between asserted claims or rights and a common transaction, occurrence, or course of conduct.
Sources & Authorities
How it applies
Common Examples
6
Plaintiff Joinder in Shared Accident
Adrian Aguilar and Andrew Avery were injured when their vehicles collided with the same delivery truck operated by Artemis Logistics. They filed a single complaint alleging negligence against the company. The court permitted joinder because both claims arose out of the same occurrence involving the truck's operation.
Double Jeopardy Bar on Greater Offense
Alfred Ashford was acquitted of reckless driving after a jury trial. The state later charged him with vehicular homicide based on the identical collision. The court dismissed the homicide prosecution because the greater offense arose out of the same conduct for which jeopardy had already attached.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Alexandra Armstrong purchased land subject to a recorded promise limiting building height. She sought to enforce the restriction against a later buyer who violated it. The court held that the benefit ran with the land even though no direct privity existed beyond the original promise itself.
Officer Indemnification Exclusion
Antonio Alvarado, an officer but not a director of Avalon Pharmaceuticals, approved an improper bonus payment to himself. When shareholders sued, the company refused indemnification. The court denied coverage because the liability arose out of conduct constituting receipt of an unauthorized financial benefit.
Parental Immunity for Supervisory Acts
Adam Anderson's unemancipated child was injured while Adam was supervising the child's use of a family lawnmower. The child sued for ordinary negligence. The court dismissed the action under parental immunity because the claim arose out of the exercise of parental authority within the family relationship.
Forum Selection Clause Enforcement
Anchor Bank contracted with a vendor that included a clause designating New York courts for disputes. When the bank sued in Alabama over performance issues, the vendor moved to transfer. The court enforced the clause because the claims arose out of the contract containing the selection provision.
Common questions
Frequently Asked
3
What must plaintiffs show to satisfy the arising out of requirement for joinder under Rule 20?+
Plaintiffs must demonstrate that their rights to relief arise out of the same transaction or occurrence. This factual link permits joinder even if the claims are not identical.
Supporting sources
How does the arising out of requirement operate in double jeopardy analysis for lesser included offenses?+
Jeopardy on the lesser offense bars prosecution of the greater offense when both arise out of the same conduct. The greater offense requires no additional proof beyond the lesser plus extra elements.
Supporting sources
Does the arising out of requirement in property covenants eliminate the need for privity?+
The benefit of a promise respecting land use can run without privity between promisor and promisee other than that created by the promise itself.
Supporting sources
326 U.S. 310 (1945)Civil Procedure
…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…