new cause of action

new cause of action
A phrase applied in determining the application of a statute of limitations to an amended pleading. A cause of action based upon a state of facts different from those in the original pleading, a cause of action pleaded in behalf of parties not named in the original pleading, or a cause of action which embraces both such features. Love v Southern Railway Co. 108 Tenn 104, 65 SW 475.

Ballentine's law dictionary. . 1998.

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  • cause of action — 1: the grounds (as violation of a right) that entitle a plaintiff to bring a suit an amended pleading reiterating a cause of action for lost profits J. H. Friedenthal et al.; also: the part of a suit brought on those grounds removed the cause of… …   Law dictionary

  • Cause of action — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • Implied cause of action — is a term used in United States statutory and constitutional law for circumstances when a court will determine that a law that creates rights also allows private parties to bring a lawsuit, even though no such remedy is explicitly provided for in …   Wikipedia

  • splitting cause of action — Dividing a single or indivisible cause of action into several parts or claims and bringing several actions thereon. Van Brode Mill. Co. v. Kellogg Co., D.C.Del., 113 F.Supp. 845, 852. Commencement of action for only part of the cause of action.… …   Black's law dictionary

  • splitting a cause of action — n. Pursuing a cause piecemeal by bringing an action for only part of a claim, while reserving another part or other parts for separate lawsuits. The practice has been long deemed impermissible. Webster s New World Law Dictionary. Susan Ellis Wild …   Law dictionary

  • new — As an element in numerous compound terms and phrases of the law, this word may denote novelty, or the condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and is employed in contrasting… …   Black's law dictionary

  • new — As an element in numerous compound terms and phrases of the law, this word may denote novelty, or the condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and is employed in contrasting… …   Black's law dictionary

  • Cause — • Cause, as the correlative of effect, is understood as being that which in any way gives existence to, or contributes towards the existence of, any thing; which produces a result; to which the origin of any thing is to be ascribed Catholic… …   Catholic encyclopedia

  • cause — 1 n 1: something that brings about an effect or result the negligent act which was the cause of the plaintiff s injury ◇ The cause of an injury must be proven in both tort and criminal cases. actual cause: cause in fact in this entry but–for… …   Law dictionary

  • action — ac·tion n [Latin actio legal proceeding, from agere to do, carry out, initiate legal proceedings] 1 a: a judicial proceeding for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense …   Law dictionary

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