Case law

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

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

In re the Estate of Jaffer

58 Misc. 2d 948 · New York Surrogate's Court · Feb 13, 1969

LIMITED RIGHT OF ELECTION Clearly, the widow has at least a limited right of election pursuant to EPTL 5-1.1 (subd. [a], par. [1], subpar. [F]). … surviving spouse had already been established.

Rosenblatt v. State of New York

2024 NY Slip Op 50325(U) · New York Court of Claims · Mar 27, 2024

Applying these principles to the matter at bar, the State has sufficiently established that the Claim is jurisdictionally defective and must be dismissed. … Clearly disregarding the specificity requirement of Court of Claims Act § 11(b), claimants submit vague information, lacking dates of occurrence, and rants about deep animosity and disparate treatment toward them, allegedly

Tivnu: Building Justice v. Multnomah County Assessor

Oregon Tax Court · Nov 15, 2016

An organization that is established primarily for the benefit of its members, is not a qualifying charity.” OAR 150-307-0120(4)(b); see also, Goodwill Indus. of Columbia Willamette, Inc. v. … The savings are not clearly evident, as otherwise required by paragraph (9).

Schumann v. Brownwood Mut. Life Ins.

286 S.W. 200 · Texas Commission of Appeals · Jun 23, 1926

That court shows clearly that the verdict in this respect was, in their judgment, not only without any evidence to support it, but was contrary to the great weight of the evidence. … As a general rule, no doubt, the subjects of insurance will be but little qualified for such a task.

Thompson v. Department of Revenue

Oregon Tax Court · Mar 21, 2014

The statute provides in relevant part: “A qualified taxpayer shall be allowed a credit against the taxes otherwise due under ORS 316 equal to the applicable percentage of the qualified taxpayer's … Oregon Administrative Rule 150-315.262(3) clearly states that child care payments “must be made by the parent claiming the working family child care credit.” See also ORS 315.262(3).

Thornell v. Missouri State Life Ins.

249 S.W. 203 · Texas Commission of Appeals · Mar 14, 1923

of what they did establish. … The insurance company realized that the burden of proof was upon it to establish its defense of suicide on the part of insured. It assumed that burden and introduced direct evidence tending to establish its defense.

Life Flight Network LLC v. Deschutes County Assessor and Dept. of Rev.

Oregon Tax Court · May 6, 2016

ORS 307.022 allows an LLC to qualify for property tax exemption “if and to the extent that all of the nonprofit corporation owners * * *would qualify for the exemption or special assessment.” … Conclusion The phrase “nonprofit corporation” as used in ORS 307.022 does not clearly exclude a public corporation such as OHSU.

Intersal, Inc. v. Hamilton

2017 NCBC 95 · North Carolina Business Court · Oct 12, 2017

media, regardless of producing entity, shall bear a time code stamp, and watermark (or bug) of Nautilus and/or [DNCR], as well as a link to [DNCR], [Plaintiff], and Nautilus websites, to be clearly … “On the other hand, if the remedy established by the NCAPA is inadequate, exhaustion is not required.” Id. at 186, 505 S.E.2d at 904.

Department of Environmental Resources v. Federal Oil & Gas Co.

73 Pa. D. & C.2d 148 · Pennsylvania Environmental Hearing Board · Jul 1, 1975

Section 1 of the act defines the terms “establishment” and “industrial waste” as follows: “‘Establishment’ shall be construed to include any industrial establishment, mill, factory, tan *157 nery, paper or pulp mill, garage … Clearly, defendants are wrong in their contention in this regard. As we said in Township of Pleasant v.

McGinty v. Ohio State Univ.

2020 Ohio 2872 · Ohio Court of Claims · Mar 31, 2020

The court granted summary judgment on plaintiff’s claims of retaliation and the civil immunity of Adrienne Nazon. … Nazon and plaintiff established a rapport and she found him friendly and affable.

Comanche Duke Oil Co. v. Texas Pac. Coal & Oil Co.

298 S.W. 554 · Texas Commission of Appeals · Oct 12, 1927

Its acquittal in the Court of Civil Appeals rests upon successive postulates of existence of a “custom” and established conformity which precludes wrongdoing. … The averment and attempted plroof of custom and observance, then, were insufficient to sustain a claim of immunity, at least in a conclusive sense.

In re the Estate of Grace

62 Misc. 2d 51 · New York Surrogate's Court · Feb 16, 1970

Since the decedent often owned property in the names of others and a great deal of inside information was necessary to determine the assets of his estate, it was necessary to take testimony to establish what interests the … To qualify as a fiduciary is a serious matter and if one lacks the time or inclination necessary to devote to the affairs of an estate, he should refrain from accepting his nomination or resign.

Sylvester & Yongjie Tuohy v. Director, Division of Taxation

New Jersey Tax Court · Mar 2, 2022

In the instant matter, the record clearly demonstrates that plaintiffs have had such a day. … Further, it is an established tenet that “in the absence of a specific statutory provision it should not be assumed that federal principles should apply to the [NJ GIT] Act.” Weintraub v.

Opinion No. (1992)

Oklahoma Attorney General Reports · Jul 14, 1992

It also authorizes the trustees to establish an investment committee to advise the trustees concerning the selection of investment managers and to make recommendations concerning investment guidelines and policy. Id. … The Duty of Care, Skill, Prudence and Diligence. ¶ 18 The general rule has long been that public officials are accorded immunity from suit so long as they are acting in good faith and not willfully or maliciously.

Manasota-88, Inc. v. Department of Health & Rehabilitative Services

20 Fla. Supp. 2d 273 · State of Florida Division of Administrative Hearings · Dec 20, 1985

If adopted or rejected with qualifying statements, the qualifying statements, to the extent that facts are involved, are additional findings of fact. 1. Adopted. 2. … If adopted or rejected with qualifying statements, the qualifying statements, to the extent facts ae involved, are additional findings of fact: 1. Adopted. 2. Adopted. 3.

White v. Hyde

2016 NCBC 72 · North Carolina Business Court · Oct 4, 2016

Here, Plaintiff’s Complaint, liberally construed, states claims against Hyde and the Powells that would qualify as double derivative claims on behalf of Hyde-HP under Delaware law.  50. … Plaintiff’s Complaint does not allege facts sufficient to establish either of the Barger exceptions.

Defferari v. Terry

99 S.W.2d 290 · Texas Commission of Appeals · Dec 9, 1936

Carroll, 20 Tex. 731 , therein referred to: “Is such a marriage in good faith shown clearly by the evidence in this case? … Potter; when all these things, with many others tending to the same conclusion, are maturely considered, it can hardly be held that it has been clearly shozvn that a real marriage in good faith has been established, as the

Brandt v. Solon Police Dept.

2022 Ohio 3732 · Ohio Court of Claims · Sep 27, 2022

The Court first reiterated: Our case law provides two bases for determining whether documents qualify as part of the public-record incident report. … Here, the city did not misunderstand Myers’s request; instead, it misunderstood its clearly established duties under R.C. 149.43.