Case law

Pate v. N.C. D.O.T.

North Carolina Industrial Commission · Feb 17, 2005

Query whether this qualifies as a judgment on the merits with respect to a claim of collateral estoppel. Identical issues were not involved. … In addition, although grounded in negligence, a state tort claim was not available at common law because of application of the doctrine of sovereign immunity.

In re the Estate of Winburn

140 Misc. 18 · New York Surrogate's Court · Apr 28, 1931

Have they behind them an established dividend record over a period of years? (Matter of Leonard, 118 Misc. 598 .) … It is my conclusion that no negligence on the part of the executors, in continuing to hold the securities in the instant case, was established. The objection is dismissed.

Gibeau v. Lane County Assessor, Tc-Md 091478b (or.tax 12-10-2010)

Oregon Tax Court · Dec 10, 2010

CONCLUSION Plaintiffs have the burden of proof and must establish their case by a "preponderance" of the evidence. See ORS 305.427. … Plaintiffs in this case have clearly met that statutory requirement. Accordingly, their appeal must be granted.

Portland General Electric Co. v. Department of Revenue

7 Or. Tax 33 · Oregon Tax Court · Mar 1, 1977

The scope of the imposition should be clearly expressed. … A reading of the six subsections contained in the statute shows an intent to establish rough rules of thumb.

In re the Construction of Agreements among Martin B.

17 Misc. 3d 198 · New York Surrogate's Court · Jul 30, 2007

All three courts concluded that post-conceived children qualified for such benefits. As can clearly be seen from all the above, the legislatures and the courts have tried to balance competing interests. … To achieve such balance, the statutes, for example, require written consent to the use of genetic material after death and establish a cutoff date by which the child must *204 be conceived.

Texas Eastern Transmission Corp. v. Department of Treasury

11 N.J. Tax 198 · New Jersey Tax Court · Jun 4, 1990

These amendments establish a new test which broadens that court definition. … It was also clearly the intent of the Legislature that oil refineries, for instance, be classified as real property.

Harris v. Knickerbacker

5 Wend. 638 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1830

As there was clearly a part performance, the parties went into proof of the agreement. … R. 146, is very explicit on this subject. “ Unless the plaintiff has clearly established the contract as charged, and also a part performance of the same contract, he has not entitled himself to the relief sought.”

In re the Estate of Werner

142 Misc. 702 · New York Surrogate's Court · Jan 30, 1932

The words “ as above provided," in their setting meaning upon his said wife’s death, seem to qualify the word “ receives ” and to lift it out of its literal meaning. … to the cases in which there has occurred a gift over on the death of a legatee before actually receiving bis legacy, Sterling, J., says: ‘ These cases are not entirely consistent among themselves; but this at least they establish

Tinajero v. Balfour Beatty Infrastructure

North Carolina Industrial Commission · Sep 13, 2010

is indicated in this case, whether, in the interest of fairness to all parties, the Industrial Commission should designate a qualified individual with an established medical background to prepare such a plan after consulting … Plaintiff clearly expressed interest in becoming more independent and a desire to live on his own.

In re Bennett

135 Misc. 486 · New York Surrogate's Court · Dec 30, 1929

S. 265 ) said (at p. 291): “ These provisions establish a rule of evidence rather than of jurisdiction. … Bennett, upon duly qualifying according to law, will be appointed in her stead and that Nannie B. Anderson must account -within thirty days. Enter decision and decree, on notice, accordingly.

Slater, Ronnie v. ADECCO Usa, Inc.

2026 TN WC App. 18 · Tennessee Workers' Compensation Appeals Board · Mar 24, 2026

Employer also argues that the authorized physician’s suggestion that Employer provide this service clearly contemplates that it is within Employer’s discretion. … Tennessee Code Annotated section 50-6-226(d)(1) provides that, to qualify for an award of additional attorneys’ fees, an employee must show either that the employer did not provide medical treatment as ordered by a court

Soybel v. Gruber

136 Misc. 2d 430 · Civil Court of the City of New York · Aug 5, 1987

Venture case clearly abandoned her rent-controlled residence. The court in the Heller case commented that given the facts in the L.J.M. … Leon Lefer, testified that *433 respondent Gruber has a progressive form of Alzheimer’s disease requiring medication and the continuous care of a qualified physician.

Christenbury v. Drexel Heritage Furn., Inc.

North Carolina Industrial Commission · Oct 11, 1995

Defendant was a duly qualified self-insured, and Associated Risk Services Corporation was the administering agent. 4. … Medical evidence in the record clearly establishes that the plaintiff is capable of performing some work. Defendant has produced evidence that work suitable to plaintiff's capacity is available.

Rhoades v. El Paso & S. W. Ry. Co.

248 S.W. 1064 · Texas Commission of Appeals · Mar 14, 1923

Such discretion is, however, subject to review if it clearly appears that the rights of the parties have been disregarded. … There is no contention that any of the jurors in this case were not qualified generally to sit upon a jury.

Airwork Service Division v. Director, Division of Taxation

2 N.J. Tax 329 · New Jersey Tax Court · Mar 27, 1981

Indeed, all changes in words and phrasing in a statute adopted from another state are deemed deliberately made with the purpose of limiting, qualifying or enlarging the adopted rule. Martin v. … It is a well established rule of statutory *347 construction that a change of language in a statute implies a purposeful alteration in substance of the law. Nagy v.

Tully & Di Napoli, Inc. v. State

51 Misc. 2d 11 · New York Court of Claims · Jul 29, 1966

This type of agreement is loaded with assurances and almost guarantees by the contractor that not only will he be fair to the subcontractor on the established subcontract agreement, but will pursue on his behalf the claim … A reading of the order made in the Ottaviano case clearly indicates that it was not a denial of the State’s motion but it was qualified by the facts above mentioned.

Moore v. Wooten

280 S.W. 742 · Texas Commission of Appeals · Feb 10, 1926

Wooten, deceased, was duly appointed by the probate court of Walker county as administratrix of the estate of her deceased husband, and duly qualified by giving the bond and taking the oath required of her by the law. … Tbe extent of tbe interest, whether it be separate or the community estate, in tbe entire 1,500 acres is clearly stated in the inventory, and is prima facie true in an ordinary statutory proceeding in trespass to try title

City of Belton v. Harris Trust & Savings Bank

283 S.W. 164 · Texas Commission of Appeals · Apr 20, 1926

All powers mentioned in and under section 4 of the Act of the Thirty-Third Legislature, pages 310 to 316, entitled “An act authorizing cities having more than five thousand inhabitants, by a majority vote of the qualified … They establish, prima facie, the validity of the claims allowed and authorized their payment. But they have no other effect.”

Opinion No. 69-310 (1969) Ag

Oklahoma Attorney General Reports · Nov 26, 1969

This is especially proper in Oklahoma because our constitution requires that the purpose of an act be clearly expressed in its title." … that the amendment to Section 19 O.S. 866 .2 [ 19-866.2 ] only granted additional powers to those counties (1) which are qualified to avail themselves of the provisions of the Metropolitan Area Planning Commission Act (See

In re the Judicial Settlement of the Accounts of the Surviving of Koch

2 Mills Surr. 46 · New York Surrogate's Court · Nov 15, 1900

The unwilling and qualified statements practically forced from the son of the surviving executor, that he had seen George Braun, are not at all convincing. … It does not clearly appear just bow payment was made to Braun.