Case law

In re Diliberto

49 Misc. 3d 171 · New York Surrogate's Court · Sep 25, 2014

Certainly, the purpose behind any exception to section 1416 was not to immunize attorneys and leave their clients without the protections provided by the statute. … Information about how an individual might obtain abandoned funds held by New York State directly from the Comptroller without paying a fee and the phone number established by the Comptroller for receiving inquiries regarding

Mary Kay, Inc. v. Department of Revenue

17 Or. Tax 91 · Oregon Tax Court · May 15, 2003

Taxpayer establishes all of the eligibility criteria for participation in the Career Car Program, including initial and ongoing production standards. … Not only is taxpayer the only party to the Guaranty Agreement other than ARI, but the phrase “its Independent Sales Directors” clearly refers to taxpayer’s Consultants.

In re Bruno

69 A.3d 780 · Court of Judicial Discipline of Pennsylvania · May 24, 2013

If Congress desires to go further, it must speak more clearly than it has. 12 In United States v. Pasquantino, supra, the defendant had imported (smuggled) alcoholic beverages into Canada. … The Seventh Circuit rejected the government’s position and held that any interest the Treasury Department might have had was too attenuated to qualify as “money or property” under § 1341.

Duke Energy Carolinas, LLC v. Ag Ins. sa/nv

2019 NCBC 73 · North Carolina Business Court · Dec 6, 2019

Spill, others who have been or will be deposed are better qualified to address issues related to ABSAT. Duke also contends that Ms. … Good, does not establish the executive’s (or here Ms. Good’s) unique knowledge of Duke’s accounting classifications. (Duke’s Br. Opp’n to Joining Defs.’ Mot. to Compel 9.)

Shepherd, Stephen W. v. Haren Construction Company., Inc., et. al.

2016 TN WC App. 14 · Tennessee Workers' Compensation Appeals Board · Mar 30, 2016

(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 … An employer will not be penalized for enforcing a policy if the court determines "(1) that the actions allegedly precipitating the employee's dismissal qualified as misconduct under established or ordinary workplace rules

Alkemal Sing. Pte. Ltd. v. Dew Glob. Fin., LLC

2018 NCBC 35 · North Carolina Business Court · Apr 19, 2018

To establish a violation of N.C. Gen. … “Our case law establishes that ‘[s]imple breach of contract . . . do[es] not qualify as unfair or deceptive acts, but rather must be characterized by some type of egregious or aggravating circumstances before the statute

Vanguard Pai Lung, LLC v. Moody

2020 NCBC 56 · North Carolina Business Court · Aug 4, 2020

Moody can succeed only if the pleadings “clearly establish[] that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Carpenter v. Carpenter, 189 N.C. … If so, the right to advancement is limited to the qualifying claims. See, e.g., Weaver v. ZeniMax Media, Inc., 2004 Del. Ch. LEXIS 10, at *11–14 (Del. Ch. Jan. 30, 2014). 20.

Out of the Box Devs., LLC v. Logicbit Corp.

2014 NCBC 7 · North Carolina Business Court · Mar 20, 2014

Although the court has not scrutinized (nor has it been requested to scrutinize) each document produced under the Protective Order to determine whether it qualifies for Rule 26(c) protection, this case—a highly contentious … He did, however, clearly use the e- mail in a manner expressly prohibited by the Protective Order.

Biodiagnostic Labs, Inc. v. State of New York

2023 NY Slip Op 51493(U) · New York Court of Claims · Jun 26, 2023

LAW AND ANALYSIS The State's Waiver of Immunity Under Section 8 of The Court of Claims Act The State's waiver of immunity under Section 8 of the Court of Claims Act is conditioned upon movant's compliance with specific conditions … While this standard clearly places a heavier burden upon a party who has filed late than upon one whose claim is timely, it does not require a claimant to establish definitively the merit of the claim, or overcome all legal

Berdnik, Patrice v. Fairfield Glade Community Club

2017 TN WC App. 31 · Tennessee Workers' Compensation Appeals Board · May 18, 2017

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 … In that case, there was no medical proof either establishing or refuting causation.

In re the Estate of Taber

1 Mills Surr. 429 · New York Surrogate's Court · Dec 15, 1899

Taber, the executor therein named, who duly qualified, and is still acting. By the terms of the said will, William E. … Applying the rules of law laid down in the foregoing authorities to the evidence in this case, I am clearly of the opin *443 ion that it falls far short of establishing a gift of these three sums amounting to $4,400, to the

In re the Accounting of Feltes

208 Misc. 762 · New York Surrogate's Court · May 16, 1955

which have considered this question are: In Roberts’ Appeal ( 85 Pa. 84 ), it was held that transfer of shares on the books of a corporation is equivalent to a delivery; that retention of stock certificates can not undo or qualify … essential elements of a gift, intention and delivery, are lacking and it thus becomes unnecessary to make a finding with respect to the third element of acceptance, other than to comment that the stipulated facts do not clearly

Armstrong v. Taxation Division Director

5 N.J. Tax 117 · New Jersey Tax Court · Jan 7, 1983

Clearly, § 8.32, taken as a whole, exempts “futures contracts,” not over-the-counter sales of gold coins and bullion where delivery of the metals is expected and occurs. … I conclude that plaintiff has not established a sufficient basis to entitle him to application of the doctrine of estoppel.

Med1 Nc Servs., LLC v. Med1 Plus, LLC

2021 NCBC 38 · North Carolina Business Court · Jun 24, 2021

Robeson County, North Carolina solicits proposals from qualified providers for the exclusive contractual right to provide non-emergency ambulance services and non-ambulatory transportation services to residents within the … “However, a plaintiff’s mere expectation of a continuing business relationship is insufficient to establish such a claim.

Murphy v. Taxation Division Director

6 N.J. Tax 221 · New Jersey Tax Court · Dec 6, 1983

At the time, a security was required to be held for at least six months to qualify for federal income tax long term capital gain treatment. … The act was repealed effective July 1, 1976 by L.1976, c. 47, as part of the legislation establishing the New Jersey Gross Income Tax Act. See N.J.S.A. 54A:9-24.

In re the Estate of Harris

98 Misc. 2d 742 · New York Surrogate's Court · Jan 23, 1979

. *744 Clearly the devise under paragraph "third” of decedent’s will was a specific one. … However, that phrase qualifies the bequest of "furniture” and "household goods” as well as "personal belongings”.

Aidong Chen v. Dir., Div. of Taxation

New Jersey Tax Court · Aug 18, 2025

Dir., Div. of Taxation Docket No. 008793-2024 Page -2- deducted moving expenses of $43,739 and applied a Qualified Conservation deduction of $2,000. … This court’s jurisdiction to review any decision, order, finding, assessment or action of the Director is clearly delineated under our statutes.

Child Care Inc. v. Lj Schs. (Carolina), Inc.

2026 NCBC 8 · North Carolina Business Court · Feb 6, 2026

Plaintiffs argue that the Fixed Costs and Families Grants clearly carry “mandated expense obligations” and therefore should be deemed recurring revenue under the APA. 24. … However, under North Carolina law, disagreement with a discretionary decision does not establish bad faith. See Lovell v. Nationwide Mut. Ins. Co., 108 N.C.

Tharalson v. St. of Ore. and Dept. of Rev.

6 Or. Tax 533 · Oregon Tax Court · Oct 27, 1976

They also seek recovery of taxes paid to the State of Oregon as a result of the operation of ORS 118.095. ① Plaintiff Eric Tharalson is the trustee of the testamentary trust established by the will of Agnes E. … Plaintiffs have not alleged specifically in their complaint whether the statute violates the Due Process Clause, the Equal Protection Clause or the Privileges and Immunities Clause.

Manning v. Weyerhaeuser Co.

North Carolina Industrial Commission · Aug 18, 2003

Johnson never read the film in question and the 1/1 profusion rating is not confirmed by any other qualified physician. To the contrary, Dr. … Further, plaintiff argues before the Commission that Austin does not require plaintiff to prove current exposure to the hazards of asbestos; however, Judge Greene's dissenting opinion, adopted by the Supreme Court, clearly