Case law

In re S & F Builders, Inc.

60 Pa. D. & C.2d 115 · Pennsylvania Environmental Hearing Board · Nov 16, 1972

Clearly, the legislature may not delegate to administrative agencies the determination of what the law shall be. Broad and general standards such as the one set forth in the statute in question are not unconstitutional. … The benefits to the public must substantially outweigh adverse environmental factors in order to qualify as being in the public interest.

Smith v. Dept. of Rev.

Oregon Tax Court · Aug 22, 2025

Gross income includes “undeniable accessions to wealth, clearly realized, and over which the taxpayers have complete dominion.” Comm’r v. … Plaintiff’s interpretation of IRC sections 3401(c) and 3121(a) as excluding private employment is also contrary to established federal law. See Muhammad v.

Burke v. State

64 Misc. 558 · New York Court of Claims · Sep 15, 1909

Ticket offices were established at each end. Tickets were sold by employees of the State, and the amount of the fare charged was collected by them. … IV,- § 2: “ The citizens of each state shall be entitled to. all the privileges and immunities of citizens in the several states-;” the section of the United States Revised Statutes, and cases that “ non-resident creditors

Johnson, Eden v. Wal-mart Associates, Inc.

2015 TN WC 55 · Tennessee Court of Workers' Compensation Claims · May 26, 2015

The Tennessee Supreme Court has consistently held that, in order to qualify as a compensable workers' compensation claim, an injury must both "arise out of' and occur "in the course of' employment: The phrase … The video does not clearly show her touching Ms. Darden. Rather it shows her touching the cart's handlebar and the back of the seat. Mr.

Eiszner v. Director, Division of Taxation

18 N.J. Tax 579 · New Jersey Tax Court · Jan 21, 2000

Such case law, however, is clearly not conclusive or binding on this court because there is no *589 indication that the Legislature intended to adopt federal tax concepts. Ibid. … The Court established the basic test which was codified in I.R.C. § 6501(e)(1)(A)(ii) and held the extended statute of limitations would apply where: [tjhe return on its face provides no clue to the existence of the omitted

Cruthirds v. Dept. of Rev.

Oregon Tax Court · Jun 9, 2016

Defendant’s conference officer determined that Stephen’s van qualified for the “exception to the strict documentary and substantiation requirements for a qualified nonpersonal use vehicle,” but concluded his truck was a … general purpose truck” and did not qualify for that exception.

McCartee v. Teller

8 Wend. 267 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1831

They resolved that a jointure should bar dower, but "qualified and relaxed the rule by giving a choice where the jointure had been made after marriage.” … R. 166, may be referred to as establishing a principle that ought to govern in the case before this court.

In re Chardavoyne

5 Dem. Sur. 466 · New York Surrogate's Court · Jun 15, 1887

But a legislative act cannot be insured against repeal, not even against repeal by implication. “ The later Parliament,” says Lord Coke (1 Inst., 42, 43), “hath ever power to abrogate, suspend, qualify, explain or make void … While the cases upon which I have above commented can, as it seems to me, be readily and clearly distinguished from the case at bar, the claim that the expression “ after the passage of this act ” is not sufficiently definite

N.C. Dep't of Revenue v. Graybar Elec. Co., Inc.

2019 NCBC 2 · North Carolina Business Court · Jan 9, 2019

A material fact is one that “would constitute or would irrevocably establish any material element of a claim or defense.” Abner Corp. v. City Roofing & Sheetmetal Co., 73 N.C. … While the General Assembly provided a clearly exhaustive definition for “net economic loss,” see N.C. Gen.

Coos County Assessor v. Department of Revenue

18 Or. Tax 334 · Oregon Tax Court · Feb 6, 2004

If that information, together with the information in the petition and that provided by the county in response to the department’s request form, clearly established that the requirements of the statute and rule were met, … As for the representation issue, Carmichael filed the petition and he is a qualified representative under ORS 305.230.

Brakebush Brothers, Inc. v. Certain Underwriters at Lloyd's of London - Novae 2007 Syndicate Subscribing to Pol'y No. 93prx17f157

2022 NCBC 23 · North Carolina Business Court · May 11, 2022

The plaintiff alleged that she was duly qualified to serve as the administrator of the plaintiff’s estate but was unaware that she was likewise required to be appointed in North Carolina as the administrator of the estate … Thus, the Court finds there was clearly a “semblance of [a] reasonable basis” for only suing in Brakebush’s name. See Advanced Magnetics, 106 F.3d at 20 (cleaned up). 37.

Christensen II v. Dept. of Rev.

23 Or. Tax 155 · Oregon Tax Court · Sep 7, 2018

Although this right to information is limited in scope, the court concludes that the department clearly vio- lated it in this case. … To qualify for injunctive relief, the claimant must demonstrate that there is a cognizable threat of continuing harm stemming from conduct that is probable or threat- ened. Eagles Five, LLC v.

Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP

54 Misc. 3d 400 · Civil Court of the City of New York · Sep 23, 2016

Simply alleging that the employee was “employed full-time” is not enough to establish the 1,250 hour requirement. (Simmons v New York City Tr. … Additionally, plaintiff’s counsel admitted during oral argument, and plaintiff’s deposition clearly revealed that he rarely performed any xeroxing work for Lorraine Takesky.

Marshall v. State of New York

2025 NY Slip Op 51390(U) · New York Court of Claims · May 2, 2025

Thus, in the context of a Court of Claims § 8-b claim, a claimant must demonstrate his actual innocence by evidence that clearly and convincingly proves such — with no question of fact remaining ( id . … Unless some exceptional circumstance applies here, claimant's argument would appear to require a fine parsing of Supreme Court's ruling — arising under one provision for purpose of qualifying for section 8-b relief, but under

In re the Accounting of JP Morgan Chase Bank, N.A.

38 Misc. 3d 363 · New York Surrogate's Court · Dec 31, 2012

Notably, these provisions do not appear in the trust for Mark’s brother, Charles, established on the same day. . … The guardian ad litem may also wish to amend his objections to more clearly include commissions paid out in light of the abrogation of fiduciary duty. .

Barnard v. N.C. Department of Transportation

North Carolina Industrial Commission · Apr 27, 2007

Plaintiff intended to work at PCS Phosphate until he was 66 years of age, at which time he would qualify for full retirement. 26. … Stat. § 20-146 (d)(1) provides that, "[w]henever any street has been divided into two or more clearly marked lanes for traffic, . . .

Richardson v. Utili-Serve, LLC

2020 NCBC 83 · North Carolina Business Court · Nov 17, 2020

By statute, an LLC member has a qualified right to inspect and copy the company’s records. See N.C.G.S. § 57D-3-04(a). An operating agreement may expand the members’ inspection rights but cannot diminish them. … Because the Richardsons seek a mandatory preliminary injunction, their burden is heightened: the case must be “urgent”; the right must be “clear”; and the injury must be “immediate, pressing, irreparable, and clearly established

In re the Judicial Settlement of the Accounts of Archer

9 Mills Surr. 348 · New York Surrogate's Court · Jun 15, 1912

Sherwood who was nominated in the will as executor never qualified. On July 35, 1888, the letters testamentary granted to Allison M. … And Matter of Braunsdorf, supra, is on that point clearly distinguishable. It follows that the claim for such compensation must be disallowed.

In Re Lokuta

989 A.2d 942 · Court of Judicial Discipline of Pennsylvania · Jan 4, 2010

Insofar as after-discovered evidence is concerned, it should be clearly understood that this isn’t even new (first prong). Co-nahan’s dislike for Lokuta was never unknown. It was known at the trial. … All this fails to qualify as after-discovered evidence because it obviously relates solely to credibility (third prong).

In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van Ness

9 Mills Surr. 545 · New York Surrogate's Court · Dec 15, 1912

I take it in any event that at the present day when either ¡undue influence or fraud is clearly established such a constructive or presumptive ratification must be adequately made out in order to prevail in such a curious … Otherwise their weight is trifling and insufficient to overbear facts clearly established by competent proofs.