Case law

McLaurin, Katlyn N. v. AT&T Services, LLC

2019 TN WC App. 6 · Tennessee Workers' Compensation Appeals Board · Jan 31, 2019

The abuse of discretion standard of review does not immunize a lower court’s decision from meaningful appellate scrutiny, however, as discretionary decisions “require a conscientious judgment, … Employer has not established that its desire for a successive opinion is reasonable at this time. After six months have elapsed, if Employee cannot see Dr.

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 ?

Van Etten v. State

103 Misc. 2d 487 · New York Court of Claims · Mar 5, 1980

Such duty in this State has arisen by specific legislative enactment and since in derogation of the common law and the State’s sovereign immunity, it should be strictly construed and extended only to the extent required. … Such is clearly a proper and legal means for imposing and allocating maintenance responsibilities and liabilities. (See, e.g., Rooney v City of Long Beach, 42 AD2d 34, 37-39 .)

Harvey Nobel & Beaverbrook Motors, Inc. v. Director, New Jersey Division of Motor Vehicles

19 N.J. Tax 153 · New Jersey Tax Court · Jun 19, 2000

Under IFTA, New Jersey is required to refund tax to qualifying vehicle users amounts constituting credits for fuel purchased in New Jersey and used out of state. … constitute justification, in law or equity, for this court to create an exception for this taxpayer, who should have had knowledge of these Regulations prior to the sampling period, and accept the taxpayer’s proofs which are clearly

In re the Judicial Settlement of the Account of Proceedings of Ziegler

11 Mills Surr. 15 · New York Surrogate's Court · Jul 15, 1913

the accumulated income should become part of the corpus of the estate, to be paid in the manner provided for the disposition of the corpus; but -by adding “ until my said son comes twenty-one years of age ” the testator clearly … The only question that could be raised at this time as to the decrees heretofore entered by this court is the question of jurisdiction, and as the jurisdiction of the court is established by the allegation of the necessary

Opinion No. 79-168 (1979) Ag

Oklahoma Attorney General Reports · Jul 31, 1979

When the public trust leases governmentally owned property, the unitary ownership fragments, leaving only the reversion to qualify for the ad valorem tax exemption. … In construing Section 19.6 and 26 of the Revenue Act of 1939, the Court noted that the legislative intent, as well as earlier Illinois case law, clearly mandated the practice of taxing private leasehold interests in tax-exempt

In re the Estate of Chambers

167 Misc. 843 · New York Surrogate's Court · May 26, 1938

For purposes of present decision this issue will be resolved in favor of the petitioner and it will be assumed that he is the duly appointed, qualified and acting receiver in supplementary proceedings of the respondent, Charles … The provisions of the will are somewhat confused, but on diagramatic analysis the devolutionary wishes of the testator in respect of all portions of his property are clearly discernible.

People v. Alderson

144 Misc. 2d 133 · Criminal Court of the City of New York · Apr 14, 1989

of a situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly … "One does not acquire immunity from prosecution for trespass by closing one’s eyes to reality and stubbornly asserting an 'honest belief to remain where one is not privileged to be; rather, a defense is stated only when one

In re the Estate of Van Bokkelen

155 Misc. 289 · New York Surrogate's Court · Mar 19, 1935

The total of the established debts wherever located is next to be found. Distribution is then to be made in the ratio of assets wherever situated, to debts wherever existent. … Section 165 of the Surrogate’s Court Act clearly provides that a creditor’s share of the distributable assets is based upon the amount of debts “ here and elsewhere.”

Siebe v. University of Cincinnati

117 Ohio Misc. 2d 46 · Ohio Court of Claims · Oct 29, 2001

Rahausen, and thereafter concluded that the catheter was clearly misplaced. Dr. Alexander testified that he reprimanded Dr. Rahausen for not interpreting the x-ray correctly. … In addition, expert medical testimony may be helpful to the court in establishing whether the emotional injury is, in fact, serious; however, it is not required.

Opinion No. (2008)

Oklahoma Attorney General Reports · Nov 5, 2008

and continuously regulated the natural gas industry, including in the areas of production and purchasing, (b) parties with contracts on these subjects could not have reasonably expected that their contractual rights were immune … Section 570.9(A) establishes the rights of an "owner" to produce its interest in monthly production from a well. 7.

Sabino v. Director

14 N.J. Tax 501 · New Jersey Tax Court · Mar 1, 1995

Sabino have not established to the Division’s satisfaction that the Direct Expenses were ordinary and necessary expenses of Peat Marwick’s business of accountancy. … Clearly, the Legislature alone possesses this power. See Regs. § 1.162-15. "In general.

In re the Accounting of Marine Midland Trust Co.

4 Misc. 2d 430 · New York Surrogate's Court · Feb 8, 1956

In addition, all the other judicially established criteria for resolving such ambiguities as abound in the above-quoted paragraph, caused by inexpert draftsmanship, support the same conclusion. … But, since no clarification of the court’s view on this particular question is apparent, the best conjecture would be that, if any consideration at all was given to the presence of this qualifying term, it was regarded as

In re the Estate of Bubelier

138 Misc. 2d 180 · New York Surrogate's Court · Dec 31, 1987

The two issues raised by proponents’ motion to strike the appearance of the objectant are whether the joint will qualifies as "another” will of the decedent and, if so, whether it is on file in this court. … Despite some of the factual similarities, comparison of the language used in the two joint wills clearly establishes that the intent of their respective makers was quite different.

Opinion No. 74-262 (1974) Ag

Oklahoma Attorney General Reports · Apr 8, 1975

It is further declared to be a matter of public interest and concern that the dental profession, through advancement and achievement, merits and receives the confidence of the public and that only properly qualified dentists … Pollock, 256 P. 927 , 125 Okl. 170 , which provided in the Syllabus: "The universal rule is that acts of the legislature will not be held invalid unless they are clearly in conflict with some constitutional provision, and

Jones v. Traders & General Ins. Co.

169 S.W.2d 160 · Texas Commission of Appeals · Feb 17, 1943

Causal connection must be established between the injury and the death. … It clearly appears from the testimony of Dr. Collins that he reached the conclusion that Jones was insane or “out of his mind” solely because of his belief that anyone who would commit suicide is “off balance”.

Sanders v. State

191 Misc. 248 · New York Court of Claims · Dec 31, 1947

Moreover, in view of the trend of decisions, the thought occurs that our jurisprudence may yet spread the ever widening waiver of governmental immunity from tort liability to the point where the State will be held to answer … Y. 420, 422-423 [1924]), the answer is clearly “ no ”.

In re the Construction of the Will of Eibl

206 Misc. 54 · New York Surrogate's Court · May 6, 1954

Strickland, attorney at law, Albion, New York, has been duly appointed and qualified as special guardian for Fred Babcock, an infant under the age of fourteen years who is the devisee and legatee named in said paragraph. … As Surrogate Wingate holds in Matter of Rubinstein ( 169 Misc. 273, 275-276 ): “ The principles respecting the ademption of specific testamentary gifts are clearly and firmly established in law. ' Ademption * * * is only

In re Van Derzee

121 N.Y.S. 662 · New York Surrogate's Court · Jan 24, 1910

Van Derzee, duly qualified as executor. On October, 19, 1908, the petitioner duly filed his account of proceedings as such executor, and petitioned for the final settlement of such account. … It also appears clearly to me that the testatrix in her will (which is in her own hand *664 writing) first made this bequest $100, and then changed it to $200 by writing the word “two” over the “one,” and the evidence is

Opinion No. (2007)

Oklahoma Attorney General Reports · Feb 14, 2007

The Wheless court noted that the plaintiff was not discharged "for refusing to act in violation of an established public policy, nor for acting consistent with an established public policy. … Special District Judges may still be terminated at any time, for no reason or any reason and even in bad faith, as long as the termination does not violate such a clearly established public policy mandate. III.