Case law

Wilson Realty & Constr., Inc. v. Asheboro-Randolph Board of Realtors

1997 NCBC 1 · North Carolina Business Court · Sep 30, 1997

Because of the potential impact of their decisions, neither the organization nor individuals acting on its behalf are entitled to absolute immunity from suit. … {43} The affidavit of Charles Grimes was also offered to defeat summary judgment and establish bias of the 1994 Ethics Hearing Panel. It is offered to establish statements made by Mr.

Wilmarth v. Reagan

242 S.W. 726 · Texas Commission of Appeals · Jun 24, 1922

We think these appraisers, in view of these allegations, were not qualified to pass upon the same; that no remedy, in a case of this kind, was provided by the Laney Act; that the district court clearly had jurisdiction. … At the same time, we think a little delay in the reclaiming of lands is far preferable to th'e establishing of a precedent which might forever crucify the right upon a cross of fraud.

Alp Sys., Inc. v. Haygood

2021 NCBC 32 · North Carolina Business Court · May 10, 2021

According to ALP, Bolted “clearly knew, or reasonably should have known, that it had acquired and/or used [ALP’s] valuable trade secrets without the express or implied consent of [ALP].” (Am. Compl. ¶ 81.) … As a result of these vague, overbroad restrictions, the Court concludes that the non-compete covenants are unreasonable and unenforceable as a matter of well-established North Carolina law. 42.

In re Baby Girl S.

141 Misc. 2d 905 · New York Surrogate's Court · Nov 4, 1988

Clearly, when Regina gave her consent before this court, she violated Judge Simon’s order. The record establishes that this proceeding is permeated with fraud and misrepresentation. … The facts of this case illustrate the harshness of classifying unwed fathers as being invariably less qualified and entitled than mothers to exercise a concerned judgment as to the fate of their children.

Question Submitted by: Brenda Hoefar, Interim Director, Office of Disability Concerns

2023 OK AG 14 · Oklahoma Attorney General Reports · Dec 1, 2023

There are a few provisions of the Act in which it is clearly outlined that the CLO is exempt from those provisions. … This "demonstrates that the Legislature clearly intended the [CLO] to remain subject to the Central Purchasing Act." 1988 OK AG 61 , ¶ 10.

Chomentowski v. State

60 Misc. 2d 367 · New York Court of Claims · Jul 31, 1969

Y. 84, 90 ) has clearly defined the distinction between regular or voidable process and void process in false imprisonment cases, as follows: “Void process is such as the court has no power to award, or has not acquired jurisdiction … In none of these opinions was a determination made that established illegality of imprisonment or detention or negligence and abuse of process.

Clark County Assessor v. Dillard Department Stores, Inc.

Indiana Tax Court · Jun 5, 2024

DISCUSSION AND DECISION The dispute in this case centers around the income approach estimate prepared by Dillard’s appraiser to establish the value of its property. … A reviewing court may overturn a decision for lack of substantial evidence only if the agency’s conclusions are shown to be clearly erroneous in light of all of the evidence. Moriarity v. Indiana Dep’t Nat.

Case of Snow

1 Armstrong. Election Cases 258 · New York State Assembly · Jan 6, 1852

Smith received a *272 larger majority of the votes of tlie qualified voters than he claimed to have allowed to him as necessary to secure his election. … The fact must be clearly and satisfactorily proved.

SCI ITC South Fund, LLC v. Director, Division of Taxation

24 N.J. Tax 205 · New Jersey Tax Court · Aug 6, 2008

Although plaintiff has argued that what was conveyed by the original contract was the income stream generated by designated improved pads, the contract language clearly conveyed everything except the reserved “pads” which … On June 8, 2007, the ITC North Property was conveyed to ITC SCI North Fund, LLP, a single purpose entity similarly established by SCI to purchase and own the ITC North Property, for $20,800,000.

In re Place

1 Redf. 276 · New York Surrogate's Court · Dec 15, 1849

A deviation from established practice must be looked upon as being intended to obscure the investigation, and therefore the presumption must be against their accuracy in weighing evidence; but I do not know that I have the … Hay, it was deemed expedient in the very clause which is alone relied on for the power claimed, to add the words prohibitory of the exercise of power, the qualifying words, “ as such executor.” (2 Rev. Stat., 71, § 15.)

Lee v. Wake County

North Carolina Industrial Commission · Jun 17, 2003

Defendant was the duly qualified employer at the time of the incident and was self-insured. Defendant's workers' compensation benefits were administered by Compensation Claims Solutions. 3. … The evidence of record establishes that the excess carrier participated by telephone in the mediation settlement conference on May 1, 2001. 6.

Weiss v. Nurse Midwifery Associates

124 Misc. 2d 141 · Civil Court of the City of New York · Apr 30, 1984

This holding seems clearly to be the most equitable disposition of the instant action, especially in light of the degree of services rendered by defendant, even without attendance at the childbirth. … an interpretation could set the stage for an unreasonable number of plaintiffs to demand expert testimony from nonexpert defendants, merely by arguing that since no expert has been called to testify, defendant should be qualified

In Re Quintiles Transnational Corp. S'holders Litig.

2003 NCBC 11 · North Carolina Business Court · Dec 19, 2003

The auction process was clearly in the best interest of the shareholders as the business of Quintiles was particularly difficult to value. … He also noted that “it is well established that investigation of mismanagement is a proper purpose for a Section 220 books and records inspection.” Id. at n. 75 (quoting Security First Corp. v. U.S. Die Casting & Dev.

La Greca v. Director, Division of Taxation

15 N.J. Tax 22 · New Jersey Tax Court · Jan 10, 1995

Arnold, a consulting actuary, who qualified as an expert in the field of actuarial science. … As the Supreme Court observed in Bassett, supra defendant “is obliged to consider all relevant criteria in establishing a valuation.” 23 N.J. at 557 , 130 A.2d 1 .

Webb v. Dept. of Rev.

19 Or. Tax 20 · Oregon Tax Court · Apr 27, 2006

Donna also testified that, had she been asked by which date the department would have to receive a return for tax year 2001, with an extension, in order for the taxpayer to qualify for a refund, the answer would be April … The court recognizes the possibility that taxpayer did phrase her question clearly, thoroughly, and specifically in the 2004 phone call.

Tippecanoe County Assessor v. Frederick A May

Indiana Tax Court · Oct 17, 2025

Nonetheless, the Court also noted that a non-attorney’s expertise in the assessment process does not make them qualified in the practice of law, specifically referencing constitutional claims as a type of issue that qualifies … Some of Grossman’s claims appear to be constitutional in nature and clearly constitute the practice of law.

Inland Steel Co. v. State Board of Tax Commissioners

739 N.E.2d 201 · Indiana Tax Court · Nov 22, 2000

These findings do not qualify as substantial evidence supporting the State Board’s final determination on this sub-issue. … However, its arguments clearly use the term to identify both superade-quate and excess construction costs.

Warner v. Commonwealth

2 Va. 95 · General Court of Virginia · Nov 15, 1817

And upon this principle it was, that the Court decided the question, as clearly appears by Lord Mansfield’s own words. “There must be evidence of a marriage in fact. … Is it not notorious that the acts of a man may in certain cases, as in this, amount as clearly to the admission or assertion, as any words whatever ?

Warner v. Commonwealth

2 Va. 95 · General Court of Virginia · Nov 15, 1817

And upon this principle it was, that the Court decided the question, as clearly appears by Lord Mansfield’s own words. “There must be evidence of a marriage in fact. … Is it not notorious that the acts of a man may in certain cases, as in this, amount as clearly to the admission or assertion, as any words whatever ?

Beene, Marshall v. Metro Services, Inc.

2016 TN WC 275 · Tennessee Court of Workers' Compensation Claims · Nov 18, 2016

Beene failed to establish the need for additional treatment. It also argued Mr. Beene did not establish entitlement to medical benefits for treatment of Mr. … Cincere's October 2015 note clearly communicated his intent to transfer treatment of Mr. Beene's right-upper extremity injury to Dr. Ball.