Case law

Division of Family Services v. Redman

979 A.2d 1138 · Delaware Family Court · Apr 15, 2009

The Division’s next argument was that federal law required the Division to maintain the confidentiality of its records in order to qualify for federal funding. … Mother countered noting that the subpoena clearly identified specific records Mother was requesting.

Green, Linda v. Rogers Group

2017 TN WC App. 32 · Tennessee Workers' Compensation Appeals Board · May 22, 2017

B) Exceed the statutory authority of the workers’ compensation judge; (C) Do not comply with lawful procedure; (D) Are arbitrary, capricious, characterized by abuse of discretion, or clearly … Rutherford . . . has not been established as related to the work injury, then the Court cannot use this doctor’s note to grant temporary total disability benefits to the Employee.” Again, we disagree.

Marion County Assessor v. Stutz Business Center, LLC

Indiana Tax Court · Aug 30, 2019

On June 27, 2018, the Assessor served Stutz with his written discovery requests that, among other things, sought to determine whether Stutz’s property had been appraised to qualify for mortgages and to obtain copies of … The Court subsequently denied Stutz’s motion to dismiss and established a briefing schedule. See id. at 245. The Court heard the parties’ oral arguments on April 25, 2019.

McMaster v. Pearse

9 Misc. 3d 964 · Civil Court of the City of New York · Sep 19, 2005

First, the title of the security deposit account clearly is of utmost significance. … Conclusion The standard for evaluating motions for summary judgment is well established.

In re the Accounting of Becher

204 Misc. 523 · New York Surrogate's Court · Jul 22, 1953

expressed the wish that the businesses represented by the stockholdings so bequeathed be continued by at least one of the sons, and gave detailed suggestions for the attainment of that result as “ I labored all my life to establish … If there be no residuary estate, the value of so much of the items bequeathed to the widow under paragraph “ Second ” of the will, which do not qualify for the exemptions provided under section 200 of the Surrogate’s Court

Upson v. Fitzgerald

103 S.W.2d 147 · Texas Commission of Appeals · Mar 24, 1937

Clearly the course of that young man’s life was changed by reason of the making and part performance of the oral contract. … Clearly he has no action in equity for specific performance. We come now to consider the assignment upon which the application was granted.

Acker v. City of Durham

North Carolina Industrial Commission · Jan 31, 2002

Defendant was a duly qualified self-insured at all relevant times herein. 4. Plaintiff's average weekly wage yields the maximum compensation rate for 1997, $512.00 per week. 5. … Winton wrote a letter, dated June 5, 1998, to Chief of Police Chambers stating that plaintiff had been working in a light duty capacity for the past 27 weeks and was clearly able to do useful work for defendant in this capacity

Mason & Hale v. Denison & Denison

15 Wend. 64 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1835

Now if this position be correct, and I have no doubt of it, it necessarily subverts, or rather qualifies two propositions, 'frequently, and I apprehend sometimes loosely given out; first, that certain contracts by an infant … It will be said perhaps that this construction will interfere with the principle established in Zouch v.

McCandless v. Weyerhaeuser Co.

North Carolina Industrial Commission · Jul 30, 2003

Plaintiff testified that he retired at age 55 because he had qualified to retire. Plaintiff has not worked since he left Weyerhaeuser in 1998. … If a ruling on this issue cannot be made at this time, then clearly there are and will be no grounds to assess attorney's fees.

Ketchie v. Carolina Stalite Co.

North Carolina Industrial Commission · Feb 17, 2005

The new account pays workers' compensation claims where the carrier's insolvency occurred on or after January 1, 1993 and the claim qualifies as a "covered claim" as defined by N.C. Gen. Stat. § 58-48-20 (4). … That point had already been well established by both the legislature and this Court in the occupational disease context as the date of diagnosis.

Holman, Douglas v. Consolidated Nuclear Security, LLC

2015 TN WC 190 · Tennessee Court of Workers' Compensation Claims · Dec 21, 2015

Holman failed to establish that he is likely to preva il at a hearing on the merits. … Holman failed to establish that his right shoulder injury arose primarily out of and in the course and scope of his employment with CNS. Dr. Hovis' April 9, 2015 letter clearly indicated that Mr.

Susskind v. 1136 Tenants Corp.

43 Misc. 2d 588 · Civil Court of the City of New York · Jun 18, 1964

The requirements' for qualifying as a condominium are specifically provided for in the law and must be complied with strictly (Schlitt, History of Condominiums, Condominiums Symposium Pamphlet, 1962). … However, a construction of the lease agreement clearly indicates that the parties intended that the co-operative corporation make these repairs whether or not they are of a structural or nonstruetural nature.

Congel v. Malfitano

76 N.Y.S.3d 873 · Court for the Trial of Impeachments and Correction of Errors · Mar 27, 2018

In the agreement establishing a partnership, the partners can chart ***279 their own course. … That context, however, is clearly distinguishable from ours.

Thompson v. People ex rel. Taylor

23 Wend. 519 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1840

The revised statutes are much broader upon this subject and clearly embrace the present case. … There are certain immunities and privileges in which the public have an interest as contradistinguished from private rights, and which cannot be exercised without authority derived from the sovereign power; and such immunities

Opinion No. (1995)

Oklahoma Attorney General Reports · Mar 30, 1995

participants receive a set amount of play money or chips to be used in playing the various games at casino night; (c) Additional play money or chips may be purchased at extra cost; (d) Usually, a time period during the evening is established … charity games," the charity games authorized under that Act only include bingo games, U-PIK-EM bingo games, and breakopen ticket games. 3A O.S.Supp. 1994, § 402[ 3A-402 ] (6). ¶ 7 The "casino night" games you refer to are clearly

Jones v. Department of Revenue, Tc-Md 000753a (or.tax 7-8-2008)

Oregon Tax Court · Jul 8, 2008

not establishing a partnership). … Circuit opined that "if engaging in business activity were sufficient to validate a partnership ASA would qualify." ASA Investerings , 201 F3d at 512 .

Estate of Michael R. Monihan and Holly P. Monihan v. Director, Division of Taxation

New Jersey Tax Court · Jan 16, 2026

Rather than it being one among several factors to be considered in establishing the relationship, the ICA is “dispositive” and a “court must enforce its terms.” Kennedy, 257 N.J. at 311-12. … Relevant to Taxpayer’s claim, the enumerated sources of taxable income within N.J.S.A. 54A:5-1 may not qualify for deductions of business expenses if the earning party is an employee.

In re the Final Judicial Settlement of the Accounts of Paris

2 Gibb. Surr. 27 · New York Surrogate's Court · Mar 15, 1896

I think the proof in the case clearly establishes the note as a claim against the estate. … Rosenburg, 40 Hun, 96 , the court holds: “ That to constitute a gift inter vivos, it requires a full and un *35 qualified renunciation of the title by the donor and the acquisition by the donee of an absolute title, accompanied

Ohio Crime Victim Justice Ctr. v. Cleveland Police Div.

2017 Ohio 8950 · Ohio Court of Claims · Nov 17, 2017

Qualifying information cannot be disclosed unless disclosure “narrowly serves a compelling state interest.” Kallstrom v. Columbus, 136 F.3d 1055, 1061 (6th Cir. 1998), citing Whalen v. … I conclude that none of the records identified by respondent qualify for withholding under the “medical records” exception. See Hilliard City Sch. Dist. v. Columbus Div. of Police, Ct. of Cl.

State of N.C. v. E.I. Du Pont De Nemours & Co.

2025 NCBC 44 · North Carolina Business Court · Aug 7, 2025

First, our State Constitution establishes the office of Attorney General. See N.C. Const. art. III, § 7, cl. 1. (providing that “an Attorney General . . . shall be elected by the qualified votes of the State[.]”) … While the Moving Defendants did not appear to rest on this argument at the Hearing, the Court determines that the General Assembly did not clearly divest the Attorney General of his narrower common law authority through