Case law

Department of Revenue v. Hoyt

8 Or. Tax 367 · Oregon Tax Court · May 20, 1980

Unless the Government seeks testimony that will subject its giver to criminal liability, the constitutional right to remain silent absent immunity does not arise. … United States, 340 US 367 , ante, 344, 71 S Ct 438 , 19 ALR2d 378 (1951), and to require him to answer if 'it clearly appears to the comb that he is mistaken.’ Temple v. Commonwealth, 75 Va 892, 899 (1881).

Barnes, William v. Jack Cooper Transport Co.

2019 TN WC 175 · Tennessee Court of Workers' Compensation Claims · Dec 9, 2019

He clearly is in need of surgical intervention and will likely not get sustained relief from conservative measures. … Garside’s CV was admitted as an exhibit to his deposition, and he is clearly a qualified expert. Although the Court does not have Dr.

Maurer v. Slickedit, Inc.

2005 NCBC 1 · North Carolina Business Court · May 15, 2005

It is duplicative and redundant. {61} Plaintiff’s claim against the corporation is barred by the intracorporate immunity doctrine. … Because defendants Andre and Erica Boisvert are officers and directors of SlickEdit, they are entitled to intracorporate immunity against plaintiff’s conspiracy claim. So is Clark Maurer.

55-05 Myrtle Avenue Realty Corp. v. Academy for Career Education Corp.

161 Misc. 2d 967 · Civil Court of the City of New York · Jun 22, 1994

As noted by the respondent ACE, the incentive to undertake such a burden would be severely diluted if the entire tax benefit did not accrue to the one who qualified for it. … Clearly, such an outcome would not have been the intention of the City Council.

In re the Accounting of Harris

199 Misc. 1087 · New York Surrogate's Court · May 8, 1951

Those provisions clearly show testator’s intention that at least during the period of administration as extended by him, all of the general legacies shall share in the income of the estate. … The executor and residuary legatees, however, assert that testator’s qualifying words “ until they are respectively paid ”, show his intention that at no time should the legatees be able to demand more than a prorata share

Gibbs, Doris v. Express Services, Inc., aka Express Employment Professionals

2021 TN WC 227 · Tennessee Court of Workers' Compensation Claims · Sep 14, 2021

Gibbs’s evidence is insufficient to establish an essential element of the nonmoving party’s claim. Tenn. Code Ann. § 20-16-101 (2020); see also Rye v. … Seaworth’s affidavits clearly state her opinion that the work incident was not the primary cause of any disablement or need for additional treatment, i.e., the injury did not arise primarily out of the employment.

Chalk v. Daggett

257 S.W. 228 · Texas Commission of Appeals · Jan 9, 1924

While the allegations as to one of the notes could hardly be construed as being clearly to the effect that the agreement that was eliminated was oral, the case appears to have been tried below, and to be presented here in … Parol contracts for payment on condition of subsequent undated accounting, as here, would qualify and vary both the absolute obligations to pay and the definite dates of payment, and would therefore have no effect uf>on the

Clapp v. Bromagham

9 Cow. 530 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1827

But, if he was a deforciant, his possession was adversary to1 them, „ . . ..... and if there was anything equivocal m that possession, or ^¡g oriqinal entry and possession as committee of the ° j x luiiatic could qualify … it, his. sale of the whole to Clapp, and Q¡appig entry an¿ possession, were clearly adverse.

Friends of Children, Inc. v. Department of Health & Rehabilitative Services

35 Fla. Supp. 2d 208 · State of Florida Division of Administrative Hearings · Jul 29, 1988

This position is not established by record evidence however. FRIENDS clearly did not make the M’s, or the S family in 1983, for that matter, process the Interstate Compact paper work. FRIENDS prepared the requests. … The record and the above findings of fact clearly establishes that the Petitioner processed and obtained Interstate Compact approval in Maryland for placement of the child with the Maryland family, while they were in Georgia

Hale v. Ohio Dept. of Adm. Servs.

2013 Ohio 4854 · Ohio Court of Claims · Jun 19, 2013

This program of self-insurance is different than the one established by the Ohio Supreme Court. … However, an insurer need not defend any action or claims within the complaint when all the claims are clearly and indisputable outside the contracted coverage. Preferred Risk Ins. Co. v.

Opinion No. (1997)

Oklahoma Attorney General Reports · Jun 30, 1997

Sanitary Reduction Works, 126 F. 29 , 32-40 (9th Cir. 1903), aff'd 199 U.S. 306 (1905). ¶ 9 Although the distinction between a franchise and contract for the provision of a public service is subtle and has not been clearly … It is well established in Oklahoma that municipalities act for the public health and discharge a governmental function in the collection and disposal of solid waste. City of Purcell v.

People v. Benoit

152 Misc. 2d 115 · Criminal Court of the City of New York · Jul 25, 1991

Nonetheless, the foregoing analysis clearly establishes that New York City Criminal Court Act § 50, as applied here, is unconstitutional and violative of the Due Process and Equal Protection Clauses of the US Constitution … If the Grand Jury minutes in the Franck case (see, People v Franck, Kings County, Indictment No. 1767/91) reflect that Martine Benoit testified without a waiver of immunity concerning the incident for which she stands charged

Levin v. State

8 Misc. 2d 33 · New York Court of Claims · Aug 15, 1957

These were factors which could have been transferred by a seller to a buyer and under those circumstances the court could properly consider as an element of fair market value, “ clearly-to-be expected future earnings ”. … In many instances the testimony of this expert was based upon the testimony of a qualified engineer as to cost of fill or excavation and as to comparable utility from a construction standpoint.

Paullus v. Department of Revenue

7 Or. Tax 181 · Oregon Tax Court · Sep 9, 1977

License fees for self-propelled mobile cranes are established in ORS 481.210(2)(a), and for fixed load vehicles, in ORS 481.210(5). … The legislative intent to grant an exemption for self-propelled mobile cranes, against patent opposition, is clearly illustrated by this history of revocation and renewal.

Bamberg v. Stern

1 N.Y. City Ct. Rep. 342 · New York Marine Court · Nov 9, 1877

All must have their due and conjoint effect; each must be so far qualified and limited by the other, as that all may have operation in harmony, if so it may be, and *347 each must be kept in subserviency to the general intent … Congress has clearly no power to declare what shall be accepted as an accord and "satisfaction of debts due to the citizens of the several States, except under the power to establish a uniform system of bankruptcy (U.

Commonwealth v. Tate

3 Va. 802 · General Court of Virginia · Jul 15, 1831

declaration of the law” in this case—And that, as the common law is clear, indisputable, and founded upon wise principles of policy, and no act of the legislature, or uniform, recognized and acknowledged usage controlling it, is established … It would be a strange state of things, to require the possession of one office as a necessary qualification for another, and by conferring that other to deprive the party of that which qualified him to receive it; to declare

Buskey v. State

159 Misc. 2d 792 · New York Court of Claims · Nov 18, 1993

Reasonable discretionary determinations of government officials are to be accorded qualified immunity (see, supra) and the initial, 1983 State report, which was important evidence in the Abrams case, also dealt with the S.S.P … However, simply because crossover accidents have occurred on the S.S.P. in Nassau County or even on parts thereof near the subject accident does not legally establish that such a stretch of that highway is per se dangerous

Stone v. Continental Airlines

10 Misc. 3d 811 · Civil Court of the City of New York · Nov 10, 2005

wearing apparel”; “The owner of clothing or other personal item who is familiar with its quality and condition is credited with having some knowledge of its value and may give an estimate of its value without having to qualify … as an expert”]), and clearly may also testify regarding the anticipated use of the items checked.

Queensboro Farm Products, Inc. v. State

175 Misc. 574 · New York Court of Claims · Dec 21, 1940

Out of the classified price plan came the blended price which represented the average of all established classified prices. … The agreement was that the State’s agency “ may in its discretion permit an adjustment of the price ” Claimant and its officers were familiar with existing conditions in the milk market and were qualified to anticipate what

Rakow v. State

18 Misc. 3d 904 · New York Court of Claims · Dec 10, 2007

Public Health Law § 4200 (1) clearly establishes the duty but imposes it on no specified individual or group of individuals. To find upon whom the duty is imposed, we must turn to case law. … The case law clearly establishes the hierarchal right to possession and the corollary duty of proper burial of the decedent, first in the spouse and thereafter the next of kin (Darcy v Presbyterian Hosp. in City of N.Y.,