Case law

In re the Estate of Rothko

84 Misc. 2d 830 · New York Surrogate's Court · Dec 18, 1975

This letter clearly informed the coexecutors of the conflict of interest existing in Reis’ positions. … A cofiduciary cannot stand by and see improper use made of the assets and thereafter claim immunity grounded upon ignorance of his legal rights and duties or confidence in men misplaced.

Lendingtree, LLC v. Anderson

2012 NCBC 21 · North Carolina Business Court · Apr 11, 2012

Defendant argues that this language clearly establishes that when the defense of improper venue is asserted in an answer, the defense is preserved and cannot be waived by inaction. (Def.’s Br. Supp Mot. Dismiss 1–3.) … While the CMR contains the following qualifying language: “[n]othing in this Report is intended to waive any of the objections or defenses Defendant may raise,” should the court give credence and value to this qualification

In re the Estate of Smallman

138 Misc. 889 · New York Surrogate's Court · Jan 16, 1931

The second controverted item, numbered “ twenty-seven,” establishes a trust fund in $225,000, the income from which is payable to the widow, Jane C. … Thus preferences have been uniformly denied where it appeared that the legatees were not dependent upon the benefit, or the dependency was not clearly established, and under such circumstances such results have been reached

Barnes, William v. Jack Cooper Transport Co.

2020 TN WC App. 15 · Tennessee Workers' Compensation Appeals Board · Apr 9, 2020

He clearly is in need of surgical intervention and will likely not get sustained relief from conservative measures. … Indeed, Employee was unable to testify definitively whether he actually saw a physician during his visits at that practice. 3 A physician’s assistant, like a nurse practitioner, is not qualified under our laws to offer

Opinion No. (1990)

Oklahoma Attorney General Reports · Sep 4, 1990

When any office shall become vacant, he shall, unless otherwise provided by law, appoint a person to fill such vacancy, who shall continue in office until a successor shall have been duly elected or appointed, and qualified … of a statute providing that an officer appointed to fill a vacancy shall hold his office until the end of the term for which the officer whom he succeeded was elected or appointed, and until his successor is elected and qualified

Friedman v. State

54 Misc. 2d 448 · New York Court of Claims · Aug 18, 1967

On January 1, 1965, the State Department of Labor established rules for the operation of chair lifts under code rule 32. … An additional attendant at the end opposite the power end shall be provided if the length of the tramway exceeds 800 feet or if the attendant at the power end is unable to observe each passenger clearly at all times during

Fuller v. Dept. of Rev.

Oregon Tax Court · Dec 31, 2014

Plaintiffs must establish their claim “by a preponderance of the evidence, or the more convincing or greater weight of evidence.” Schaefer v. … OAR 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).

Tippetts-Abbett-McCarthy-Stratton v. State

27 Misc. 2d 506 · New York Court of Claims · Dec 14, 1960

The phrase hereinabove quoted, Part II (d) is not qualified by any requirement of approval by the Department of Public Works. … Claimant was clearly entitled to use what it reasonably believed to be the prices it found to be currently used in construction work in the area when it made up this estimate.

Jones v. Weyerhaeuser Co.

North Carolina Industrial Commission · Aug 18, 2003

Dula is not a doctor of pulmonary medicine qualified to make the diagnosis of asbestosis. The diagnosis of asbestosis cannot be made based only on the read of an x-ray. Dr. … Thus, plaintiff has not established that he is entitled to an order of removal.

Bb&t Boli Plan Tr. v. Mass. Mut. Life Ins. Co.

2016 NCBC 34 · North Carolina Business Court · Apr 29, 2016

scenarios impact a plaintiff’s right to take a voluntary dismissal of its initial action, but no court has clearly stated whether the Brisson exceptions operate similarly. … Under North Carolina law, “an injury in fact” is required to establish standing, Coker v. DaimlerChrysler Corp., 172 N.C.

McKEE v. JAMES

2014 NCBC 73 · North Carolina Business Court · Dec 31, 2014

McKee Craft’s financial condition remained bleak, however, as the Company was not immune to the ailing economy of 2008, the detrimental effects of which caused numerous other boat manufacturers, i.e., companies in McKee … The precise contours of the parties’ arrangement, however, were carefully negotiated, reduced to writing, and clearly defined in the parties’ three shareholder agreements – the TSPA, CSPA I, and CSPA II.

Fort Worth & D. C. Ry. Co. v. Amason

276 S.W. 162 · Texas Commission of Appeals · Oct 14, 1925

302 set out the fire of March 14, 1920, must be proved by competent evidence, and that all the facts necessary to establish such conclusion must be consistent with each other, and with the main fact sought to be established … or had the word “cause” used been omitted, and the word “result” substituted, the idea of submitting the issue of proximate cause would .have been conveyed, although as thus written it would not have presented the issue clearly

Litton Systems, Inc. v. Josephine County Assessor

17 Or. Tax 178 · Oregon Tax Court · Jul 3, 2002

The court’s review is confined to the question of “whether the officer exercised his discretion judiciously and not capriciously and arrived at no conclusion which was clearly wrong.” Pratum Co-Op Whse. v. … Such pragmatics, while perhaps understandable and even reasonable, go beyond the limits of the department’s own rule by effectively qualifying the word “will.”

Johnston, Johnny v. Siskin Steel & Supply Co./Reliance Steel & Aluminum Co.

2020 TN WC App. 23 · Tennessee Workers' Compensation Appeals Board · May 8, 2020

Based on the evidence presented at trial of the relative qualifications of all the testifying experts, we conclude the trial court erred in determining all experts were equally qualified to offer causation opinions as to … Further, we conclude the trial court’s assessment of the expert evidence was clearly erroneous and constituted an abuse of discretion causing an injustice to Employer.

People v. Barrett

13 Misc. 3d 929 · Criminal Court of the City of New York · Sep 11, 2006

“The use of streets and other public places for the exercise of the right to free speech and peaceable assembly . . . has ‘from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens’ … Clearly, the officer could not have made that statement without reviewing Police Department records.

Krg New Hill Place, LLC v. Springs Investors, LLC

2015 NCBC 69 · North Carolina Business Court · Jul 8, 2015

Following approval of the Approved Plans, KRG shall bid each of the major trades involved in the Infrastructure Work to not less than three qualified contractors. … KRG has conceded that Springs has fully satisfied all existing liabilities, and KRG is therefore not a “creditor” of Springs within the meaning of the statute.24 KRG disputes this argument, and contends that the facts clearly

EAN Holdings, LLC v. Dept. of Rev.

24 Or. Tax 200 · Oregon Tax Court · Aug 12, 2020

Taxpayer argues that these references support its position because taxpayer buys vehicles in quantities that clearly are large (2,717 vehicles in a single calendar quarter). … Cite as 24 OTR 200 (2020) 211 who qualify without having to make such minimum pur- chases, including farmers, government emergency service providers, and certain other

Matter of Buckson

610 A.2d 203 · Court on the Judiciary of Delaware. · Jul 7, 1992

[have been] *217 established by clear and convincing evidence.” Ct.Jud.R. 7(f). … The Court clearly has the authority to “suspend” its rules.

Dyer, Destiny v. Petsmart, Inc.

2023 TN WC 89 · Tennessee Court of Workers' Compensation Claims · Dec 4, 2023

Both are qualified physicians with experience relative to the central issue. The fact that Dr. Hazlewood saw Ms. Dyer twice, while Dr. Lien saw her once, is not an important distinction. … A comparison of the histories clearly shows Dr. Hazlewood’s is far more detailed than the others. As to Dr. Hazlewood’s causation opinion, it is rebuttably presumed correct.

Kadah v. Paladin Drones, Inc.

2026 NCBC 50 · North Carolina Business Court · Jun 2, 2026

Paladin manufactures “high-performance emergency response drones and [has] established itself as a reliable one-stop provider of drones, software, and a data management platform for first responders across the country. … “Although someone cannot preface an otherwise defamatory statement with ‘in my opinion’ and claim immunity from liability, a pure expression of opinion is protected because it fails to assert actual fact.” Daniels v.