Also known as: cause of action · COA
Written by attorneys · grounded in primary & secondary sources — see below
A set of facts that, if proven, entitles a plaintiff to a judicial remedy against a defendant.
Attorney Nora agrees to represent client Colin Chambers in a contract dispute. Nora proposes to take a 20 percent ownership interest in the underlying claim in exchange for reduced hourly fees. The ethics board finds the arrangement violates the prohibition on acquiring a proprietary interest in the cause of action being litigated.
Cody Callahan alleges that federal officers violated his Fourth Amendment rights during a search. He files suit directly under the Constitution in federal court even though the statute contains no private right of action. The court recognizes an implied cause of action sufficient to support federal question jurisdiction.
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Caitlin Crowley proves that Cardinal Insurance breached a duty but shows no actual loss. The court awards one dollar in nominal damages because she has established a cause of action even though compensatory damages are unavailable.
Cynthia Cortez sues her former fiancé for breach of promise to marry after he ends the engagement. The court dismisses the complaint because the state statute has abolished that cause of action along with other heartbalm suits.
Caleb Chang is served with process while attending a one-day conference in the forum state. The plaintiff asserts an unrelated contract claim. The court upholds personal jurisdiction because the defendant was physically present when served, regardless of the cause of action's connection to the state.
Coastal Shipping, a Delaware corporation, sues Compass Logistics, also a Delaware citizen at the time of filing. After suit begins, Compass relocates its principal place of business to another state. The court retains diversity jurisdiction because citizenship is fixed when the cause of action is instituted.
No. A cause of action exists only when the facts satisfy the elements of a recognized legal theory that the law will remedy. Courts may dismiss complaints that allege harm but fail to state a claim under any accepted doctrine.
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A lawyer may not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, with narrow exceptions for lawful liens and reasonable contingent fees.
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Nominal damages may be awarded when the plaintiff has established a cause of action but cannot prove actual compensatory loss. The award recognizes the violation of a legal right even though no measurable harm occurred.
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A case arises under federal law when the plaintiff alleges a right to relief directly under the Constitution or federal statutes, even if the provision does not expressly create a private remedy. Federal courts may recognize implied causes of action sufficient to support jurisdiction.
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…(1967), the Court applied the New York Times standard to actions under an unusual state statute. The statute did not create a cause of action for libel. Rather, it provided a remedy for unwanted publicity. Although the law allowed recovery of damages for harm caused by exposure to public attention rather than by factual…