Case law

People v. Twine

121 Misc. 2d 762 · Criminal Court of the City of New York · Oct 31, 1983

Therefore, even if their “belief” were justifiable and constituted an exceptional circumstance to begin with, they fail to establish the critical element of causation, i.e., that this “exceptional circumstance” occasioned … The repose in the prosecutor’s investigation hardly amounts to an exceptional circumstance that qualifies under CPL 30.30 (subd 4, par [g]).

Dove v. Ohio Dept. of Rehab. & Corr.

2023 Ohio 1840 · Ohio Court of Claims · Apr 17, 2023

The direct evidence framework under which plaintiff’s failure to accommodate claim is analyzed requires her to “establish that (1) she ‘is disabled,’ and (2) that she is ‘“otherwise qualified” for the position despite * * … First, Warden Harris clearly indicated he was previously aware that Allen’s workplace management style was described as harassing and disrespectful.

Roehl Transport, Inc. v. Indiana Department of State Revenue

653 N.E.2d 539 · Indiana Tax Court · Jul 10, 1995

Such a use is directly analogous to the 34 enumerated uses set forth in subsection (b) of Rule 45 IAC. 13-4-7 and qualifies Roehl for the “exemption” under 45 IAC. 13-4-7(d). … THE COMMERCE CLAUSE In 1977, the United States Supreme Court expressly rejected the view that interstate commerce is immune from state taxation. See Complete Auto Transit, Inc. v.

Chevron U.S.A. Inc. v. City of Perth Amboy

9 N.J. Tax 571 · New Jersey Tax Court · Mar 24, 1988

Atlantic City, supra, is clearly wide of the mark. … Clearly a municipality can challenge an assessor’s errors by filing timely complaints. N.J.S.A. 54:3-21.

American Refrigerator Transit Co. v. State Tax Commission

1 Or. Tax 429 · Oregon Tax Court · Sep 26, 1963

It is not qualified to do business in Oregon, maintains no office here, has no employees here, solicits no business here, and has no direct contractual arrangements with any railroad which operates in Oregon. … Tax Com., 229 Or 627, 632 , 368 P2d 337 (1962), and its statement of the due process criteria appears firmly established.

Ray v. Department of Revenue

6 Or. Tax 184 · Oregon Tax Court · Sep 11, 1975

It has been noted that there *189 may be a greater constitutional restraint upon the application of a wholly new type tax than upon the retroactive application of a provision involving an established type of tax. 1 Mertens … Since no citizen enjoys immunity from that burden, its retroactive imposition does not necessarily infringe due process, and to challenge the present tax it is not enough to point out that the taxable event, the receipt of

Smith, Angel v. TrustPoint Hospital, LLC

2021 TN WC App. 44 · Tennessee Workers' Compensation Appeals Board · Jan 6, 2021

Moreover, to qualify for medical benefits, an employee need not establish that the aggravation of his or her pre-existing condition caused a permanent disability. Miller, 2015 TN Wrk. Comp. App. Bd. … To qualify for temporary total disability benefits, an employee must establish: (1) that he or she became disabled from working due to a compensable injury; (2) that there is a causal connection between the injury and the

Community League, Inc. v. City of Newark

26 N.J. Tax 139 · New Jersey Tax Court · Sep 30, 2011

Findings of law As pronounced by our courts, “[i]t has long been established in New Jersey law that the tax status of a property is fixed as of the assessing date. City of Jersey City v. … It is clearly evident that the Legislature wanted to continue the exemption when the transfer occurs between two exempt organizations or taxpayers.

Gilday & Associates, P.C. v. Marion County Assessor

Indiana Tax Court · May 20, 2024

J. at 11-13 with Hr’g Tr. at 55-58.) 5 Gilday claims its appeals were initiated under Indiana Code Section 6-1.1-15-12.1; yet, the Forms 130 clearly indicate that all four appeals were actually filed under Indiana Code Section … Gilday has provided no evidence to establish such a status.

Madison County Assessor v. Kohl's Indiana LP

Indiana Tax Court · Nov 17, 2025

These requirements, the Board concludes, are satisfied by “[a]n appraisal from a qualified appraiser” that is USPAP-compliant unless the appraisal is “shown to be inconsistent with the evidence or the requirements of the … satisfied the Board’s two-prong, per-se rule for establishing a prima facie case.

Carter, James v. Ricoh America Corp.

2020 TN WC App. 36 · Tennessee Workers' Compensation Appeals Board · Nov 2, 2020

Employer stated in its notice it would “continue to make efforts to secure a qualified expert.” … We conclude the test set forth in Konvalinka above establishes the framework for our analysis. 2 The Williams court’s four-part test includes: (1) the risk of prejudice to the parties opposing the late filing; (2) the delay

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

4 Mills Surr. 230 · New York Surrogate's Court · Mar 15, 1904

The rule to be applied to the distribution of these proceeds I think is clearly and unequivocally laid down in the case of Meldon v. Devlin, 31 App. … Div. 146 , and the rule so established, together with other questions, was certified to the Court of Appeals and was there affirmed, 167 N. Y. 573 .

St. Louis, B. & M. Ry. Co. v. McLean

253 S.W. 248 · Texas Commission of Appeals · Jun 20, 1923

The government was to operate the carriers, but the usual immunity of the sovereign from legal liability was not to prevent the enforcement of liabilities ordinarily incident to the operation of carriers. … On another trial the witness should be required to qualify himself under the proper rules before being permitted to state his opinion or conclusion.

Kelly v. DiNapoli

70 N.Y.S.3d 881 · Court for the Trial of Impeachments and Correction of Errors · Feb 13, 2018

In these appeals, we are asked to determine whether petitioners, both first responders, established entitlement to accidental disability retirement benefits by demonstrating that they were incapacitated "as the natural and … New York State Comptroller , 30 A.D.3d 884 , 885, 816 N.Y.S.2d 763 [3d Dept. 2006] ["Stepping into a pothole while directing traffic is clearly a risk of the work performed by police officers" and not accidental] and O'Donnell

In re Goodchild

160 Misc. 738 · New York Surrogate's Court · Oct 9, 1936

if the right created is in personam only and the Negotiable Instruments Law regulates instruments creating such rights, a transfer of the present documents to a purchaser for value and without notice would not give the immunity … Each variety of security contemplated by the *748 enactment is clearly and specifically defined (Pers. Prop.

Plasman v. Decca Furniture (Usa), Inc.

2016 NCBC 78 · North Carolina Business Court · Oct 21, 2016

duly chosen and qualified.” … A non-outsider enjoys qualified immunity from liability on a tortious interference claim. Combs v. City Elec. Supply Co., 203 N.C. App. 75, 84, 690 S.E.2d 719, 725 (2010).

Hannon v. Henson

15 S.W.2d 579 · Texas Commission of Appeals · Mar 27, 1929

removed, and the defendant in error was appointed and qualified as permanent guardian. … This is clearly shown not only by the order itself, making *584 permanent tlie temporary guardianship, but by many other orders of the court affecting the official acts of the guardian in the administration of the affairs

Warren v. Cent. State Univ.

2011 Ohio 5953 · Ohio Court of Claims · Oct 21, 2011

“Common words appearing in a written instrument will be given their ordinary meaning unless manifest absurdity results, or unless some other meaning is clearly evidenced from the face or overall contents of the instrument … leave through May 2007. {¶16} Based upon the evidence submitted by the parties, there is no dispute that plaintiff exercised rights afforded by the FMLA, that she was discharged from her employment, and that she was qualified

Edmonds v. Town of Rich Square

North Carolina Industrial Commission · Sep 28, 1995

The defendant is a duly qualified self-insured, through a municipal risk pool, North Carolina Interlocal Risk Management Agency. 3. … Hamilton's records clearly establish that plaintiff was examined and follow-up visits were set, for which plaintiff chose not to return. 16. On June 30, 1992, the plaintiff was seen by Dr.

Sayeedi v. Walser

15 Misc. 3d 621 · Civil Court of the City of New York · Feb 27, 2007

The New York Court of Appeals has held, on more than one occasion, that the “mere shipment” of goods into New York does not qualify as a sole basis for personal jurisdiction. … In the eBay terms and conditions members agree to abide by eBay policies which state clearly “when a seller lists an item on eBay, and the buyer bids for and wins that item, the seller and buyer have entered into a contract