Case law

Green v. Condra

2009 NCBC 21 · North Carolina Business Court · Aug 14, 2009

An exculpatory provision, however, cannot limit or eliminate liability with respect to (1) acts or omissions that the director at the time of such breach knew or believed were clearly in conflict with the … the evidence supports Plaintiffs’ contentions, Plaintiffs would be entitled to an instruction at trial on the law of conspiracy in order to associate together Miller and the other individual Defendants for the purpose of establishing

In re the Estate of Imburgia

127 Misc. 2d 756 · New York Surrogate's Court · Dec 20, 1984

In order to qualify for Federal aid, State plans for medical assistance must comply with certain requirements imposed by Congress (42 USC § 1396a). … Moreover, a February 1983 Medicaid transmittal very clearly delineates the distinction between “deeming” and State recovery statutes (State Medicaid Manual, HCFA-Pub 45-3, § 3812, Feb. 1983, reported in Medicare and Medicaid

Opinion No. (1999)

Oklahoma Attorney General Reports · Jul 19, 1999

Legislative intent can be established by consideration of statutory language. … This action does not qualify an insurer as a health care provider under the above-noted definition.

Wendy H Elwood Trust v. Bartholomew County Assessor

Indiana Tax Court · Aug 7, 2023

As recognized by the Indiana Board, however, there is no bright-line test or finite objective standard to establish when the customary or regular practice in a taxpayer’s trade or business involves holding land in inventory … R. at 139 ¶ 23 (stating that the fact-sensitive determination is “a far cry from the type of ‘simple true or false finding of fact’ that qualify an issue as objective” (citation omitted)).)

I. M. B. v. A. C. B.

407 A.2d 544 · Delaware Family Court · Nov 22, 1978

The funds established by the Plan are in the nature of an insurance trust to which an employee has no vested rights unless and until such employee qualifies for benefits under the terms of the Plan. … The language of Article VI, Section 5 clearly indicates that the motive for the clause is to ensure that SUB-Payments are used to fulfill the support obligations of the employee.

In re the Estate of Lamborn

168 Misc. 504 · New York Surrogate's Court · Jul 9, 1938

In order to clearly define the issues involved, the facts relative to the commencement of this proceeding should be stated. … Sometimes it is developed that the executor, a New York resident, is precluded from qualifying under the law of the State of domicile. Jurisdiction is entertained as a matter of discretion.

Opinion No. (2001)

Oklahoma Attorney General Reports · Jul 16, 2001

State Election Bd., 357 P.2d 421 , 424 (Okla. 1960), which stated: By enacting [the analogous statute in effect at that time, which has been recodified], the Legislature, in our opinion, clearly indicated that it intended … The answer is yes. ¶ 9 Decades ago the Supreme Court established the rule "that a party having a due and proper certificate of election to an office is prima facie entitled to qualify and assume the duties of such office.

Carl v. Department of Revenue

6 Or. Tax 347 · Oregon Tax Court · Mar 10, 1976

He had never bought, sold or grown timber and did not consider himself a qualified timber cruiser (merely maldng estimates when required in conjunction with his farm appraisals). Mr. … The disastrous effect as to the subject property bottomlands was clearly *359 presented by competent witnesses and impressive exhibits. Mr.

Martin v. City of Tigard

14 Or. Tax 517 · Oregon Tax Court · Feb 17, 1999

The Supreme Court found that, in adopting section 11b, the voters did not intend to alter the well-established meaning of the term “local improvement.” … The above statute clearly makes ORS 305.580 the exclusive remedy and ORS 305.583 3 gives jurisdiction of that remedy to the Tax Court. There are no limitations or conditions in ORS 305.580.

In Re Miller

759 A.2d 455 · Court of Judicial Discipline of Pennsylvania · Feb 1, 2002

The answer to this is quite simple: nothing in a “Comment” can change what is clearly stated in the text of a statute, rule, or canon. … Calculated falsehoods delivered during a campaign are accordingly subject to no greater constitutional immunity than such statements receive when made in other contexts.

In re Roosevelt

5 Redf. 601 · New York Surrogate's Court · Jun 15, 1882

Jones, or such of the three as might qualify, were named as “executors thereof and trustees under the same.” … Roosevelt and Theodore Roosevelt qualified as executors and ti’ustees. Mr. Jones never qualified.

Opinion No. (1999)

Oklahoma Attorney General Reports · Jan 13, 1999

The first reads: The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this State. Okla. Const. art. … The judiciary can interfere with legislative action only when it clearly appears that a given act contravenes the basic law of the State and for that reason is unconstitutional and void.

In re the Judicial Settlement of the Account of Gough

8 Mills Surr. 458 · New York Surrogate's Court · Nov 15, 1911

The rule that an irrevocable trust arises when a deposit is made by one in form in trust for another and the bank-book is delivered to the apparent beneficiary without any qualifying circumstances does not apply. … I. 296), and In re Sowerby’s Trust, (2 K. & J. 630) have established the rule that, if the Court finds, upon the construction of the will, that the testator clearly intended not to give a mere bounty to the legatee, but to

Frank v. State Bank & Trust Co.

10 S.W.2d 704 · Texas Commission of Appeals · Nov 21, 1928

The opinion, however, clearly explains that it is within the power of the Legislature to affect the rights and remedies to be enforced outside .of the courthouse by the statute of limitations, but that there was no Texas … Now, it is elementary that the State may establish, alter, lengthen, or shorten the- period of prescription of existing rights, provided that a reasonable time be given in future for complying with the statute.”

Hillenga v. Dept. of Rev.

21 Or. Tax 396 · Oregon Tax Court · May 15, 2014

A per- son’s domicile remains that person’s domicile until that per- son establishes a new domicile at a different location. Davis v. Dept. of Rev., 13 OTR 260, 264 (1995). … Taxpayers have offered nothing that would permit the court to establish these elements for taxpayers’ cell phone usage.

Montessori School of Eugene, Inc. v. Lane County Assessor

16 Or. Tax 198 · Oregon Tax Court · Feb 8, 2000

ANALYSIS There is no dispute that Plaintiff is a school which would be entitled, under ORS 307.145, to qualify for a property tax exemption. … Damage is clearly present in the approximately $27,000 in roll corrections which Defendant now seeks from Plaintiff. With those observations Plaintiffs case is complete.

In re the Accounting of Bankers Trust Co.

8 Misc. 2d 233 · New York Surrogate's Court · May 3, 1957

Once again we have a clearly expressed purpose to preserve absolute equality between the two lines of descent. … Resort to the established canons of construction confirm the gift to a class whose membership has not yet closed.

Jack v. Martin

14 Wend. 507 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1835

531 The doctrine at this day is too well settled to admit of cavil or doubt, not only by judicial decisions but by the voice of the American people, that the several states have reserved to themselves all the rights and immunities … of independent sovereignties, except such powers as are conferred upon congress by the explicit language of the constitution, or are clearly and unequivocally to be implied from it.

In re Proving the Last Will & Testament of Eyett

124 Misc. 523 · New York Surrogate's Court · Mar 2, 1925

part of many persons about to make testamentary dispositions of their possessions to rely upon their own slight and faulty knowledge of such matters rather than to avail themselves of the knowledge and experience of well-qualified … Not the slightest intimation of fraud is made. *529 The circumstances of the execution of the instrument clearly appear from the attestation clause.

People v. Sanchez

47 Misc. 3d 612 · Criminal Court of the City of New York · Jan 28, 2015

As long as the signature, *617 the intent of the maker, and the verification are established, then the fact that the agreement and signature are proved by email is irrelevant. … The complainant in the instant case clearly stated her intent by her reply email, “I agree” with the typed signature after being sent the complaint and supporting deposition.