Case law

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.

Tippecanoe County Assessor v. Craig Goergen

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.

Zimmerman v. State

76 Misc. 2d 193 · New York Court of Claims · Oct 25, 1973

The ££ delivery” is allegedly established by the fact that the Governor’s counsel sent a copy of the bill to the claimant with a form letter requesting ££ analysis, comments and recommendations ” concerning the bill, which … Y. 517, 520 ), it would likewise be incorrect so to qualify the Governor’s constitutional power to disapprove bills.

Alvarado v. Tyson Foods

North Carolina Industrial Commission · Sep 6, 2005

Defendant was a duly qualified self-insured. 3. The employee-employer relationship existed between the parties at all relevant times. 4. … Alexander further opined that plaintiff's condition appeared to be a spodylolysis of indeterminate age that may have predated plaintiff's accident but was clearly exacerbated and made symptomatic by the accident.

Brice v. Department of Revenue

6 Or. Tax 548 · Oregon Tax Court · Dec 3, 1976

The parties agreed that the Beverly Beach Water District qualified as such. See ORS chapter 264. … It was essential to him to keep the water available for the subdivision and he benefited by having the water reservoir there. * * *” The testimony in this case clearly shows that the relationship between the water district

Malin v. Malin

1 Wend. 625 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1828

by parol; though all the cases admit that it is a dangerous species of evidence, and inculcate the necessity of requiring the payment of the money by the ceslui que trust, to be clearly and satisfactorily established. … After a careful consideration of the testimony, I consider it by no means as clearly established that the will has in fact been altered.

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 ?

Tippecanoe County Assessor v. Craig Goergen

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.

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 ?

Comcast Corp. III v. Dept. of Rev. (TC 4909)

22 Or. Tax 233 · Oregon Tax Court · Sep 15, 2016

ANALYSIS As already discussed, the department’s assess- ment clearly exceeds the 3% Limit because the department increased the MAV for taxpayer’s properties by over 130 per- cent. … Real property is clearly prop- erty that can only be added to a tax account as a result of an acquisition by a taxpayer. This leaves only the general catchall of “other taxable * * * personal property.”

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.

In re the Judicial Settlement of the Account of Butler & Kirkland

2 Connoly 490 · New York Surrogate's Court · Dec 15, 1890

This ruling was clearly improper. … It is one which appears to me, from the cases which have been already cited, and from those which are to follow, to be most conclusively established.”

Revolutionary Concepts, Inc. v. Clements Walker Pllc

2012 NCBC 14 · North Carolina Business Court · Mar 8, 2012

Application”) pursuant to procedures established by the Patent Cooperation Treaty and corresponding United States law. (Compl. ¶ 24.) … Here, the Complaint clearly alleges that patent rights had been assigned to and were now being asserted by RCI-NV as assignee. (Compl. ¶¶ 1, 10, 11, 32, 39.)

Tippecanoe County Assessor v. DENNIS D ABBOTT

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.

Law v. Merrills

6 Wend. 268 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1830

Thus, while effect should be given to the statute of usury, where the fact is clearly established, it should not be extended in its operation, and thus work injustice to the plaintiff. … cross-examined a witness and discharged him, shall be allowed as matter of right to call him again after the cause is submitted an^ he has discovered from the charge of the court what new testimony is required, or what part must be qualified

Seaside Investments LLC v. Clatsop County Assessor

21 Or. Tax 136 · Oregon Tax Court · Jan 28, 2013

Clatsop County Assessor and Defendant-Intervenor Department of Revenue (collectively referred to in this opinion as “the department”) concluded that continued “use of each of the 70 legally distinct condos as a condo hotel is clearly … Further, taxpayer’s expert did not attempt to quantify any element of business value, testifying at one point that he was not qualified to do so.

Charles Deng Acupuncture, P.C. v. Titan Insurance Co.

53 Misc. 3d 216 · Civil Court of the City of New York · Jun 30, 2016

“Such a showing is established by affidavit on motion for summary judgment and by live testimony at trial (see generally Great Wall, 16 Misc. id at 25; *218 Power Acupuncture P.C. v. State Farm Mut. Auto Ins. … A notary is required to place a statement as to her/his authority, the name of the county in which s/he originally qualified, and the date upon which her/his commission expires. (See Executive Law § 137.)

In re Campbell's Will

136 N.Y.S. 1086 · New York Surrogate's Court · Mar 2, 1912

Johnson, who was entirely disinterested and highly qualified to speak on the subject of Miss Campbell, her ways, speech, and action at the critical period in this cause. … Townsend then released his right of presentation and became clearly qualified to testify to matters not falling within the inhibition of section 835, Code Civ. Proc. As Mr.

In re the Transfer Tax upon the Estate of Cochrane

117 Misc. 18 · New York Surrogate's Court · Nov 15, 1921

Justice Page, writing for the Appellate Division, said as to the first reservation, which is similar to one of the reservations in *27 the instant case, that there is nothing in this clause to qualify or- cut down the absolute … This language clearly implies that the court had in mind and gave particular consideration to the possession of the property and the enjoyment of the income thereof.

Ailshie, Darrell v. TN Farm Bureau Federation

2019 TN WC App. 45 · Tennessee Workers' Compensation Appeals Board · Oct 16, 2019

Ledbetter’s credentials and experience “qualify her to offer an expert opinion on both medical causation and the extent of any permanent impairment.” … Ledbetter admitted her knowledge of using the AMA Guides was “self-taught,” her testimony established that she consulted the AMA Guides in formulating her opinions.