Case law

Bednar, Jason v. Memorial Healthcare System d/b/a Memorial Hospital

2025 TN WC App. 14 · Tennessee Workers' Compensation Appeals Board · Apr 11, 2025

Following the trial, the court concluded that the employee had not met his burden of proof in establishing a compensable physical or mental injury. … Hazlewood’s opinion that Employee does not qualify for a diagnosis of right lower extremity CRPS. Dr.

Opinion No. (2009)

Oklahoma Attorney General Reports · Dec 8, 2009

What constitutes a "clearly unwarranted invasion of personal privacy" is not defined in the ORA. … Once an investigation is complete and a final disciplinary action that qualifies under Section 24A.7(B) occurs, the record(s) indicating that action must be available for public inspection and copying.

In re the Construction of the Will of Lawless

194 Misc. 844 · New York Surrogate's Court · Feb 25, 1949

or, having qualified, seeks to resign his office, or of a fiduciary who refuses to accept the gift or specifically renounces the same. … It is difficult to perceive humanitarian purposes more clearly encompassed within the mandate of the Tilden Act. (City Bank Farmers Trust Co. v.

Estate of Berg v. Director, Division of Taxation

17 N.J. Tax 256 · New Jersey Tax Court · Mar 25, 1998

Inge and Werner testified that the transfers for all three women were made in response to rising nursing home care costs and in an attempt to accelerate their qualifying for Medicaid. … Such action indicates an intent to preserve the decedent’s assets and estate for her heirs and clearly constitutes a testamentary disposition.

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. 78-207 (1978) Ag

Oklahoma Attorney General Reports · Aug 31, 1978

Thus, the Legislature clearly intended to prohibit full-time faculty members, who are not engaged in the active practice of medicine, from service on the Board of Medical Examiners. … It is equally clear that the Legislature never sought to prohibit the majority of legal and active practitioners of medicine and surgery from being qualified to serve on said Board although they nominally served as faculty

Timofeyev v. Palant & Shapiro

30 Misc. 3d 546 · Civil Court of the City of New York · Nov 29, 2010

Stepanyuk’s claim or could establish that the $2,000 retainer came solely from his funds. He failed to do either. … This required the defendant to establish that the fee being charged was not excessive. Defendant failed to do so. Defendant must return the $2,000 if the claimant can establish who is entitled to the money.

NYCHA Coney Island Houses v. Ramos

41 Misc. 3d 702 · Civil Court of the City of New York · Sep 16, 2013

Where a landlord commences a nonpayment summary proceeding, seeking unpaid rent, a respondent may assert “constructive eviction” as a defense. 10 To establish a constructive eviction defense, the tenant must establish that … This is consistent with case law and statutes, as the elements to establish claims for breach of the warranty of habitability, and entitlement to a rent abatement, differ from those to establish a claim for constructive eviction

Christian v. General Tire and Rubber Co.

North Carolina Industrial Commission · Apr 12, 1996

The defendant-employer was a duly qualified self-insured at all relevant times. 3. The issues for determination are: a. Did plaintiff sustain a compensable injury on or about December 20, 1990 and/or February 13, 1991? … Although plaintiff's disk herniation was not caused by the work-related incidents, the record clearly establishes that prior to his December, 1990 and February 13, 1991 injuries by accident or specific traumatic event, the

Opinion No. (1979)

Oklahoma Attorney General Reports · Sep 19, 1979

2 If so, where such fund is created by the State for the purpose of permitting it to make disbursements of monies to individuals qualifying as eligible candidates and to associations qualifying as eligible political parties … They are composed of individual electors qualifying as "eligible candidates", and voluntary associations of electors qualifying as "eligible political parties".

Opinion No. 79-195 (1979) Ag

Oklahoma Attorney General Reports · Sep 19, 1979

2 If so, where such fund is created by the State for the purpose of permitting it to make disbursements of monies to individuals qualifying as eligible candidates and to associations qualifying as eligible political parties … They are composed of individual electors qualifying as "eligible candidates", and voluntary associations of electors qualifying as "eligible political parties".

Corvallis Nbhd. Housing Svcs. v. Linn Cty. Assessor

21 Or. Tax 95 · Oregon Tax Court · Feb 27, 2013

Assessor some clearly admissible material. For this reason the court overrules the objection of the taxing authorities. B. … The retirees in Friendsview Manor collectively put up the capital to establish and operate their retirement home. 247 Or at 96.

Garten Foundation v. Department of Revenue

12 Or. Tax 554 · Oregon Tax Court · Dec 2, 1993

Apparently plaintiff believed that, because the equipment had been incorporated into its real property, it would qualify for exemption. … The statute clearly requires the application for exemption to be filed not later than April 1 of each year. It is important to note two differences between ORS 307.162 and ORS 307.112.

State of Delaware v. Michael W. Durham

Delaware Court of Common Pleas · Jan 17, 2017

The Supreme C0urt’s pre-emptive language in Seth and 2§22750’s language of “informing or failure to inform” clearly applies in both situations 2313 24 See State v_ Powell, 2002 wL 1308368, at *3 (Del. super. … The Delaware Supreme Court established clear precedent in Seth v. State.

Westpoint Stevens, Inc. v. Panda-Rosemary Corp.

1999 NCBC 11 · North Carolina Business Court · Dec 16, 1999

Bibb clearly had the power to sell the Rosemary Complex without Panda’s approval. … Panda required an acceptable thermal host to maintain its standing as a "qualifying facility" under PURPA.

Department of Insurance v. Dealers Ass'n Plan

31 Fla. Supp. 2d 168 · State of Florida Division of Administrative Hearings · Jun 13, 1988

only to qualified participating employers and their qualified employee participants. … These provisions clearly satisfy the requirement that they “regulate insurance.”

In re the Accounting of Gould

13 Misc. 2d 694 · New York Surrogate's Court · Aug 22, 1958

Although both were also named as trustees, only the executor-attorney qualified as a trustee. Prior to his death the decedent had operated a drugstore business in Manhattan. … then informed by the executor-attorney that the store had been sold or that a contract was already in existence. *697 Letters written by the executor-attorney to counsel for the widow dated July 31, 1953 and August 4, 1953 clearly

Metroeb Rlty Corp. & Realty Mgmt. Co. v. Fuller

32 Misc. 3d 941 · Civil Court of the City of New York · Jul 12, 2011

It notes that respondent, who is represented by counsel, reaped the benefits that he bargained for under the stipulation, and has failed to establish proper grounds to vacate it. … This court finds that respondent fails to establish any of the above grounds to warrant the vacatur of the stipulation.

McLoskey v. Reid

4 Bradf. 334 · New York Surrogate's Court · Aug 15, 1857

This, however, would clearly be a matter of discretion, and not of strict right. … On looking into the accounts, it appears 'that the executors, at the time of qualifying, were debtors to the estate in an amount sufficient to pay these legacies.

Post v. Pearsall

22 Wend. 425 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1839

And in Sullivan’s history of land titles, under the class of public immunities—the subjects of dedication, the author has enumerated burying places, training grounds, and,common landing places. … The next point of inquiry then is, what is the sort and degree of evidence admitted or required by the law in order to establish such a public right to the qualified use and en *475 joyment of private property ?