Case law

LEAVELLE, MARCUS v. RCT MEMPHIS TN PC

2025 TN WC 17 · Tennessee Court of Workers' Compensation Claims · Apr 8, 2025

Leavelle clearly established a doctor/patient relationship with Dr. Bernholt through the ten months of treatment. Therefore, the Court designates Dr. Bernholt as the authorized treating physician. Further, Dr. … Temporary Disability Benefits To qualify for temporary total disability benefits, Mr.

In re the Estate of Eddy

175 Misc. 1011 · New York Surrogate's Court · Jan 7, 1941

Additional documents in evidence clearly show that Dickson by intention and in fact was continuing the business on his own until the summer of 1939. … The surviving partners sought to substitute the actually ascertained values for the values established on the books pursuant to the practice of the firm. This the court refused to permit. (Cf. Coventry v.

Hawkins v. Pitt County Memorial Hospital

North Carolina Industrial Commission · Jul 20, 1998

North Carolina law is settled, however, that a "triggering" event for an underlying psychiatric condition, without more, does not establish causation. Brewington v. Rigsbee Auto Parts, 69 N.C. … The majority incorrectly reforms the contract in such a way that defendant is bound to pay plaintiff compensation not only for that to which it agreed, but for that to which it clearly did not agree.

Feerasta v. Univ. of Akron

2022 Ohio 653 · Ohio Court of Claims · Jan 25, 2022

, 90 F.3d 1173, 1186-1187 (6th Cir.1996). {¶10} In its motion for summary judgment, defendant does not dispute that plaintiff is a member of the protected class, that his position was eliminated, and that he was qualified … According to plaintiff, Smith “was clearly untruthful in his testimony surrounding the reduction in force process”, particularly to the extent that he “did not know who his supervisor was” when the RIF occurred.

Case of Nash

1 Rep. Cont. El. 439 · Massachusetts House of Representatives · Jul 1, 1843

White was not qualified, and did not assume to act. After three ineffectual ballotings for speaker, in which Mr. … Is not his intent as clearly shown by the designation on his ballot, as if he also had testified, that lie did not intend that vote for a representative from the town of Whately ?

N.C. Acupuncture Licensing Bd. v. N.C. Bd. of Physical Therapy Exam'rs

2017 NCBC 66 · North Carolina Business Court · Aug 2, 2017

The statutory provisions outlined above clearly identify the Rules Review Commission’s role as a gatekeeper in the rulemaking process. … The doctrine clearly applies to limit a plaintiff who seeks judicial relief from an agency action prior to exhausting its administrative remedies. Presnell v.

In re Demesyeux

42 Misc. 3d 730 · New York Surrogate's Court · Dec 23, 2013

The court went on to find that the father was clearly disqualified as a distributee because he pleaded guilty to first-degree manslaughter. … The mother failed to establish that she had a reasonable expectation of future assistance from the decedent and failed to establish that she was entitled to damages for future pecuniary loss. *734 Ironically, in the instant

In re the Estate of Murray

14 Misc. 3d 591 · New York Surrogate's Court · Oct 3, 2006

However, other information establishes that Jane “has never been formally adjudicated as an incompetent as a matter of law.” … Courts in article 81 proceedings must, therefore, look to what is specifically needed under all the facts in a given case, and not appoint a guardian where the circumstances do not clearly warrant it.

Division of Family Services v. T.W.

854 A.2d 844 · Delaware Family Court · Apr 7, 2004

Six (6) days of extremely poor judgment at the end of a two (2) month period of appropriate and adequate care does not qualify for *854 a daily basis finding of abandonment. … However, the parents’ conduct in this matter clearly posed a risk of future harm to their children greater than a low risk of harm.

Wood

8 Wend. 357 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1831

The rights of the parties now are the same, whethter the suit is brought for an absolute or a qualified divorce, *365 In Pomeroy v. Pomeroy, 6 Johns. Ch. … Roscvelt, 1 Paige’s R. 178, and cases there cited, clearly shew the better opinion upon authority is, that the court of chancery will require an irresponsible next friend to give security for costs ; and it seems reasonably

Sabino v. Director, Division of Taxation

17 N.J. Tax 29 · New Jersey Tax Court · Aug 22, 1997

If an enabling statute fails to establish adequate standards to govern the discretion of an agency, the delegation of authority to the agency is improper. … Clearly, however, the Legislature did not intend to incorporate through N.J.S.A 54A:5-1.c all the substantive provisions of the Code relating to gains and losses, and just as clearly it did not intend to allow capital loss

Nakatsukasa v. Furiex Pharms., Inc.

2015 NCBC 68 · North Carolina Business Court · Jul 1, 2015

Clearly, the class is so numerous that it is impractical to bring all members before the Court. See Pitts v. Am. Sec. Ins. Co., 144 N.C. … RPC 1.5 provides that "[a] lawyer shall not make an agreement for, charge, or collect an illegal or clearly excessive fee or collect a clearly excessive amount for expenses." Id. at 96.

Inspira Medical Centers, Inc. v. City of Woodbury

New Jersey Tax Court · Nov 21, 2024

These principles foster the “well- -2- established policy that ‘the public tax burden is to be borne fairly and equitably.’” … To qualify for an exemption, a property owner must show: (1) it is organized for an exempt purpose; (2) its property is used for an exempt purpose; and (3) its operation of the property is not conducted for profit.

NW Ohio Innocence Clinic v. Lucas Cty. Prosecutor's Office

2026 Ohio 918 · Ohio Court of Claims · Feb 26, 2026

If records are withheld from release based on a public records exception, the public office must “prove facts clearly establishing the applicability of the exception.” Welsh-Huggins, 2020-Ohio-5371, ¶ 27. … Id. {¶21} In the years following, Brown filed several civil cases to establish his status as a “wrongfully imprisoned individual” and receive statutory compensation.

J.R. Corelli Associates, Inc. v. Director, Division of Taxation

11 N.J. Tax 584 · New Jersey Tax Court · Jun 28, 1991

The Supreme Court carefully pointed out that, as to buses, there was legislative history that described the intent of the bus statute to exempt “repair parts” clearly using “repair” as an adjective, however, there is no comparable … Since here the transactions in question are not exempt under § 8.31, he argues as a matter of law that the exemption certificates did not facially disclose a valid basis for exemption, accordingly, plaintiff does not qualify

Comcast of South Jersey, Inc. v. Director, Division of Taxation

27 N.J. Tax 79 · New Jersey Tax Court · Feb 20, 2013

Second, the taxpayer has the burden of establishing that it qualifies for the exemption it seeks. Third, under the Act, sales and use tax presumptively is payable. … A “prevailing taxpayer” is defined as one who establishes that the position of the State was without reasonable basis in law or fact as determined by the court. Ibid.

Pearce v. Department of Revenue, Tc-Md 100892c (or.tax 10-31-2011)

Oregon Tax Court · Oct 31, 2011

STATEMENT OF FACTS Plaintiffs own rental properties that qualify for depreciation deductions under federal and Oregon law. (Ptfs' Compl at 4-5.) … In the instant case, Plaintiffs' 2004 cost segregation established the basis for their continued reporting of depreciation in 2006 and 2007.

Foursquare Tabernacle Church of God in Christ v. State Board of Tax Commissioners

550 N.E.2d 850 · Indiana Tax Court · Feb 20, 1990

Whether the Church qualifies for an exemption under IC 6-1.1-10-16(d). … It is well established that statutes exempting property from taxation are to be strictly construed in favor of the tax, and the burden is upon the one claiming exemption to show that the property clearly falls within the

CVS Corporation v. Monroe County Assessor

83 N.E.3d 1286 · Indiana Tax Court · Sep 29, 2017

This Court’s precedent does not require the Indiana Board to choose one appraisal report’s opinion of value over another’s opinion of value, but instead allows valuations established by an appraisal report to be adjusted … Moreover, the Indiana Board abuses its discretion if its final determination is clearly against the logic and effect of the facts and circumstances of the case before it or if it contrary to the law.

Faulkner v. Reed

241 S.W. 1002 · Texas Commission of Appeals · May 31, 1922

It is true that early in December, 1919, he filed an account showing certain of his transactions since he qualified as administrator. … In that event, if he gets all the-heirs in court, there is clearly no need of an administration. But such was not the state of the case at bar.