Also known as: incompatible · incompatibilities
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
Conflict in personality and disposition between spouses that leads to the breakdown of a marriage. This serves as a no-fault ground for divorce in jurisdictions that recognize it.
Conflict in personality and disposition between spouses that leads to the breakdown of a marriage. This serves as a no-fault ground for divorce in jurisdictions that recognize it.
It allows divorce based on conflict in personality and disposition between spouses that has caused the marriage to break down. Jurisdictions recognizing this ground do not require proof of fault by either party.
A risk arising when separate lawsuits by individual class members would produce inconsistent or varying adjudications that establish incompatible standards of conduct for the party opposing the class.
Island Manufacturing faces separate suits from consumers in multiple states claiming its product labels are misleading. If individual actions proceed, one court might order specific disclosures while another forbids them. This creates incompatible standards of conduct for the company. The risk supports certification under the rule allowing a single class action to avoid such conflicts.
A condition, statement, or action that conflicts with the proper conduct of a person's business, trade, profession, or office or with a lawyer's duties to a client.
Insight Consulting accuses a competitor of publishing statements that the firm mishandles client funds. The statements impute conduct incompatible with the firm's profession. Liability arises without proof of special harm because the matter conflicts with proper professional standards.
A lawyer at Interlink Communications joins the board of a legal services organization that sometimes sues the firm's clients. Participation in a board decision would create obligations incompatible with duties to those clients under the conflict rules. The lawyer must therefore decline involvement in that decision.
A risk arising when separate lawsuits by individual class members would produce inconsistent or varying adjudications that establish incompatible standards of conduct for the party opposing the class.
A condition, statement, or action that conflicts with the proper conduct of a person's business, trade, profession, or office or with a lawyer's duties to a client.
Each sense below has its own examples, sources, and questions.
Certification is proper when separate actions would create a risk of inconsistent adjudications that establish incompatible standards of conduct for the opposing party. The rule prevents the defendant from facing conflicting obligations from multiple judgments.
Indigo Textiles tells a buyer that its fabrics will perform well in high-heat environments. The buyer has no other information about the fabrics. The statement implies that facts known to the seller are not incompatible with the opinion. If the seller actually knows contrary facts, the opinion can support a misrepresentation claim.
Ivy Ibarra and her partner seek to marry in a state that limits marriage to opposite-sex couples. The restriction creates an incompatibility between the state's law and constitutional requirements of equality. The court evaluates whether the law can stand given the fundamental nature of the marriage right.
Idina Iverson's children refuse to salute the flag in school on religious grounds. The state requires the salute, creating an incompatibility between the mandate and individual conscience protected by the Constitution. The court holds that the compulsion violates free speech principles.
A statement imputing conduct or a condition that conflicts with the proper performance of the plaintiff's business, trade, profession, or office qualifies. Liability follows without special harm when the imputation meets this standard.
A lawyer may not participate in a decision or action of a legal services organization if doing so would be incompatible with duties owed to a client under Rule 1.7. The lawyer must avoid such participation to prevent a concurrent conflict.
A statement of opinion about undisclosed facts may reasonably be read as implying that the speaker's known facts do not conflict with the opinion. This implied representation can support a claim if the speaker actually knows contrary facts.
…essential nature of the marriage right, discussed at length in Zablocki , see id. , at 383–387, that made apparent the law’s incompatibility with requirements of equality. Each concept—liberty and equal protection—leads to a stronger understanding of the other. Indeed, in interpreting the Equal Protection Clause, the Court has…