Also known as:enormious · enormous · enormities · wrongs
Written by attorneys · grounded in primary & secondary sources — see below
A term in common-law pleading for unlawful or wrongful acts. It regularly formed part of the phrase et alia enormia in writs and declarations of trespass to allege additional outrages beyond the primary claim.
Sources & Authorities· 2 primary sources
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Statutes
Common Law
Restatements
Dictionaries
How it applies
Common Examples
6
Inadequate Provocation Claim
Edgar Evers filed a trespass declaration against Esme Ellington alleging that she struck him during an argument. The pleading recited the battery and then added et alia enormia to cover further outrages. The facts showed only verbal taunts and a trivial battery from years earlier.
Commercial Speech Regulation
Elite Dynamics sued a state commission after its advertising was restricted. The complaint used the phrase et alia enormia to describe additional regulatory wrongs beyond the core claim. The pleading recited the primary trespass and then added the phrase to cover further outrages.
Central Hudson Gas & Electric Corp. v. Public Service Commission of New York447 U.S. 557, 100 S. Ct. 2343, 65 L. Ed. 2d 341 (1980)
Pleading Sufficiency Dispute
Edgewater Capital filed a complaint alleging an antitrust conspiracy. The pleading included et alia enormia to cover additional harms. The complaint recited the primary trespass and then added the phrase to allege further outrages.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Economic Liberty Challenge
Emma Erickson challenged a labor statute as an unconstitutional interference with contract. Her declaration recited the statutory violation and added et alia enormia for related burdens. The pleading recited the primary trespass and then added the phrase to cover further outrages.
Lochner v. New York198 U.S. 45 (1905)
Commerce Power Limits
Ella Emerson was prosecuted under a federal statute for possessing a firearm near a school. The indictment contained et alia enormia to describe additional violations. The pleading recited the primary trespass and then added the phrase to allege further outrages.
United States v. Lopez514 U.S. 549 (1995)
Punitive Damages Review
Evergreen Bank sought punitive damages after a fraudulent scheme. The complaint alleged the fraud and then et alia enormia for further wrongful acts. The pleading recited the primary trespass and then added the phrase to cover additional outrages.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Common questions
Frequently Asked
3
What does the phrase et alia enormia add to a trespass declaration?+
It allows the plaintiff to allege additional wrongful acts beyond the primary trespass without specifying each one in detail.
Supporting sources
In which type of pleading did enormia most commonly appear?+
It appeared in writs and declarations of trespass at common law.
Supporting sources
Does the term enormia have any modern procedural equivalent?+
Modern complaints may use general allegations of additional harms, but the specific Latin phrase is obsolete.
Supporting sources
376 U.S. 254 (1964)Remedies
…the evils inevitable in either alternative. In this instance it has been thought in the end better to leave unredressed the wrongs done by dishonest officers than to subject those who try to do their duty to the constant dread of retaliation. . . . "The decisions have, indeed, always imposed as a limitation upon…