Case law

Barnett v. Bp Prods. N. Am., Inc..

2006 NCBC 9 · North Carolina Business Court · Jun 30, 2006

These statements are constitutionally protected “petitioning activity” shielded from civil liability by the First Amendment right to petition to government and the so-called Noerr-Pennington immunity doctrine. … Trials 1 § 103. [9] In the report, GMA noted that its opinions as to the likelihood that the Ballard Site is the source of the Broad Creek contamination needed to be “better qualified and quantified.”

Niemela v. Dept. of Rev.

Oregon Tax Court · May 2, 2019

This was clearly not the intent of the 2000 law. … No evidence was presented at trial to establish the metropolitan area where Niemela works and lives.

Payne v. Ohio Dept. of Rehab. & Corr.

2017 Ohio 7155 · Ohio Court of Claims · Jul 17, 2017

“Where complicated medical problems are at issue, testimony from a qualified expert is necessary to establish a proximate causal relationship between the incident and the injury.” Tunks v. Chrysler Group LLC, 6th Dist. … Whether or not plaintiff acknowledges having any pre-existing back pain, it was clearly shown that low back pain is associated with degenerative disc disease, and Dr.

Capps v. Blondeau

2010 NCBC 7 · North Carolina Business Court · Apr 13, 2010

of the fiduciary relationship and position of trust that he had established with [Capps]” (emphasis added). … Capps’ Claims against the moving Defendants clearly grow out of her receiving securities advice and services from the Defendants, and such services involving securities brokerage agreements are contracts “involving” interstate

Philip A.R. Staton v. Jerri Russell

2001 NCBC 05 · North Carolina Business Court · May 31, 2001

[FN1] {93} Philip’s counsel clearly put PIPM on notice that Philip was contesting the creation of the CLTs and the Foundation. That fact was true. Legal grounds for Philip’s challenge existed. … Third, as indicated below, Inge had a qualified right to interfere with PIPM’s contract with the Foundation even if the settlement agreement were invalid.

In re the Estate of Witkind

167 Misc. 885 · New York Surrogate's Court · May 23, 1938

They qualified on April 10, 1930. For many years prior to the death of deceased Mr.Wacht was associated with him in business. They were costockholders of close corporations holding realty. Mr. … The executors qualified on April 10, 1930. On the eleventh and seventeenth of April $7,500 and $45,000, respectively, were paid to the creditor.

Case of Crawford

1 Armstrong. Election Cases 380 · New York State Assembly · Jan 4, 1866

When the language is plain, the Legislature must be understood to mean what they have clearly expressd, and there is no room 'for contradiction. … By section four, the Legislature is empowered to enact laws for ascertaining by proper proof the citizens who shall be entitled to the right of suffrage hereby established.

R. M. v. C. M.

857 A.2d 1037 · Delaware Family Court · May 17, 2004

Premo’s opinion (Emphasis added), the real estate was clearly inherited.” … Premo explained, the business, which had not been overseen by him, but instead had been overseen by less qualified bookkeepers, had failed for many years to take off their books lost or obsolete items for which depreciation

Bossard v. Dept. of Rev. (TC-MD 190283R)

Oregon Tax Court · Dec 23, 2020

Any income, from whatever source, is presumed to be income under IRC section 61, unless the taxpayer can establish that it is specifically exempted or excluded. See Reese v. … Had Plaintiff timely filed his return, he might have been entitled to a refund of some portion of the amounts withheld but not the entire amount. 6 Plaintiff’s state of mind is clearly shown by his deliberate act of filing

In re the Estate of Pozarny

177 Misc. 2d 752 · New York Surrogate's Court · Jul 22, 1998

The instant trust was established well before the effective date of the amended EPTL 7-1.1. We accordingly review its terms in light of the earlier version of the statute. … A trust agreement is typically and properly amended by a separate written instrument, signed, dated, and acknowledged by the settlor, which, by its terms, revokes a clearly defined section of the original and sets forth new

Opinion No. 79-216 (1979) Ag

Oklahoma Attorney General Reports · Dec 31, 1979

Colorado, by its admission into the union by Congress, upon an equal footing with the original states in all respects whatever without any such exception as had been made in the treaty with the Ute Indians and in the Act establishing … The reporting obligation and other duties imposed under 47 O.S. 10 -101 [ 47-10-101 ], et seq. (1971), as amended, are clearly related to the privilege of holding a license or permit to operate a motor vehicle within this

Opinion No. (1979)

Oklahoma Attorney General Reports · Dec 31, 1979

Colorado, by its admission into the union by Congress, upon an equal footing with the original states in all respects whatever without any such exception as had been made in the treaty with the Ute Indians and in the Act establishing … The reporting obligation and other duties imposed under 47 O.S. 10 -101, et seq. (1971), as amended, are clearly related to the privilege of holding a license or permit to operate a motor vehicle within this state.

Kale v. mohasco/trend Line Furniture

North Carolina Industrial Commission · Dec 20, 1995

He has been trying to qualify for a G.E.D. since 1988. He has a learning disability that preexisted the stipulated injury by accident. Mr. … He remembered getting out of the dump truck, and sitting on a bank, but could not remember clearly what happened next until the ambulance came to pick him up and brought him to the emergency room of Lincoln County Hospital

Portland Adventist Hospital v. Department of Revenue

8 Or. Tax 342 · Oregon Tax Court · May 6, 1980

Both of the appraisers are able, experienced men, and are well qualified as expert witnesses. … The evidence in the record clearly and convincingly refutes any assumption, never founded by defendant on any evidence, that the rent of plaintiffs tenants was subsidized and thus below market.

Pfizer Inc. v. Director, Division of Taxation

24 N.J. Tax 116 · New Jersey Tax Court · May 29, 2008

Only a statute "clearly repugnant to the Constitution” will be declared void. Further, in the field of taxation, the Court has accorded great deference to legislative judgments. … First, the prohibitions of P.L. 86-272 do not immunize from all taxation income resulting from sales to foreign states in which the taxpayer corporation has a limited presence.

CIBA Specialty Chemical Corp. v. Township of Toms River

New Jersey Tax Court · Feb 15, 2019

(10) Wholesaling or distributing establishments. (11) Bulk storage of petroleum and fuels. … (4) Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

CIBA Specialty Chemical Corp. v. Township of Toms River

New Jersey Tax Court · Feb 14, 2019

(10) Wholesaling or distributing establishments. (11) Bulk storage of petroleum and fuels. … (4) Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

People v. Minott

41 Misc. 3d 1002 · Criminal Court of the City of New York · Oct 3, 2013

A gun offender is required to register with the NYPD at the time the sentence on a qualifying offense is imposed, using a form prescribed by the *1012 NYPD. (Administrative Code § 10-603 [a].) … Extending GORA’s temporal reach as long as possible, by deeming it a continuing offense, clearly best serves its legislative purpose. G.

Zhang v. Capitalnexus, LLC

2026 NCBC 59 · North Carolina Business Court · Jun 25, 2026

That leaves Tony and CapitalNexus, whose opening brief does not clearly state their grounds for moving to dismiss this claim. … They also ask the Court to issue a declaration that establishes their capital accounts and confirms their ongoing right to any profits from Charlotte Harris. 109.

North Jersey Police Radio Association, Inc. v. Borough of Pompton Lakes (3 Appeals)

New Jersey Tax Court · Nov 4, 2022

Conversely, local property “tax immunities for government authorities North Jersey Police Radio Association, Inc. v. … Our courts have “recognized that private lease agreements do not automatically forfeit an agency’s tax immunity.” Twp. of Holmdel, 190 N.J. at 88.