Valid claim
From Wikipedia, the free encyclopedia
In Law, a valid claim is a "grievance that can be resolved by legal action." [1] [2] It is a claim that is not frivolous, [3] nor is based on fraud. [4]
In some state court systems, a valid claim is called a Claim for relief or a Claim and delivery.[citation needed]
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[edit] United States (Federal) law
Valid claim is used in a number of different contexts in Federal law.
Under US bankruptcy law, a creditor must have a valid claim in order to attend the creditors' meeting and to collect all or part of a debt.
A valid claim is used to describe beneficial interest in antiquities under the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990. [5]
[edit] Patent law
Under patent law, a claim must have a valid basis. [6] [7]
The United States Supreme Court took up the issue in LabCorp v. Metabolite, in which a patent claim for testing for homocysteine was ruled valid by a United States District Court and the Court of Appeals for the Federal Circuit. [8] [9] This concerned the pharmaceutical industry. [10] The high court ruled that it had granted a writ of certiorari "improvidently", leaving intact the lower court decisions. [11] For a fuller discussion of this case, see LabCorp v. Metabolite, Inc.
[edit] Liens
A lien must be based on a valid claim.[citation needed] Under Texas law, a mechanic's lien must have a valid basis. [12] Under New York law, a lis pendens, or notice of pendency of a claim against real property, must be valid, such as a pending divorce lawsuit.[citation needed] Under the law of most states, a claim against an estate must be proven or validated. [13]
[edit] References
- ^ Lectric Law Dictionary
- ^ Scott C. Gottlied, LLC web site
- ^ Photo Attorney web site
- ^ Note, Insurers struggle with arson law, found at Find-Articles.com
- ^ Note, Does museum have valid claim to native antiquities?, The Honolulu Advertiser, August 8, 2004, found at moolelo.com web site. Retrieved September 5, 2007.
- ^ Note, European Patent Office (EPO) - Requirements for a Valid Claim to Convention Priority, found at Ladas law Firm web site
- ^ Note, Patent Infringement, found at Neustel Law Offices LTD web site. Retrieved September 5, 2007.
- ^ Note, Supreme Court: LabCorp Briefing Round I on LabCorp v. Metabolite, found at Patently O, a patent law blog
- ^ Duke Law School web site
- ^ Andrew Bridges, The Associated Press, B Vitamin Supreme Court Case Could Prove Tough Medicine for Patent Lawyers, March 21, 2006, found at law.com. Retrieved September 5, 2007.
- ^ LabCorp v. Metabolite, 548 U.S. __ (2006), found at US Supreme Court official web site.
- ^ David D. Peden, Texas Mechanic's Lien and Bond Claim Law: The Construction Lien, found at Findlaw Library web site
- ^ See, e.g., Wallace v. Hill, 249 P.2d 452, 1952 OK 325 (1952). Found at Lindlaw.com web site
