Case law

Corrina Foraker v. Jennifer Rife and Dave Rife

Delaware Court of Common Pleas · Apr 3, 2017

When Plaintiff extended her left hand 2 Both Hailey, who is thirteen years- -old, and Rebecca, who is twelve years-old, were qualified as competent mino1s piior to testifying 3 Plaintiff testified that she allowed Hailey … -aa{v, 2006 WL 2790914, at *4). 9 public policy.21 If a defendant raises one of these statutory or common law defenses, then the burden to disprove the defense rests on the plaintiff22 Defendants’ own testimony clearly

City of New York v. State

61 Misc. 2d 517 · New York Court of Claims · Dec 1, 1969

The quoted subdivision 4 of section 10 of the Court of Claims Act clearly provides that a claim ‘ ‘ shall be filed within 6 months after the accrual of such claim ’ In the voluminous papers before me, there is no disclosure … [c], p. 904): ‘ A wide distinction exists between pure statutes of limitation and special statutory limitations qualifying a given right in which time is made an essence of the right created and the limitation is an inherent

Pcs Phosphate Co. v. Jacobs Eng'g Grp., Inc.

2026 NCBC 21 · North Carolina Business Court · Mar 11, 2026

Plaintiffs assert that PCS Phosphate issued these purchase orders to Jacobs only after Jacobs represented to “PCS” on 15 August 2019 that Jacobs had a “‘highly qualified project team’ to provide ‘complete in-house turnkey … In this case, Jacobs’s name is “Jacobs Engineering Group, Inc.,” and Plaintiffs clearly allege that (regardless of whether via the Agreement or the purchase orders) they engaged Jacobs “as the engineer for the AHF Plant

Murray v. State of New York

2025 NY Slip Op 51665(U) · New York Court of Claims · Aug 11, 2025

Defendant contends that Claimant Burke is not qualified to render such an opinion as to vehicle speed, and therefore her assessment is without probative value. … Claimants contend that the video footage clearly shows Finaro accelerating—not slowing—after making a right-on-red turn onto Bronx River Road—dense urban corridor, just 50—60 feet from another intersection, thereby falling

Kamper v. Hawkins

1 Va. Cas. 21 · General Court of Virginia · Nov 16, 1793

It is the province of the judiciary to expound the laws, and to adjudge cases which may be brought before them—the judiciary may clearly say, that a subsequent statute has not changed a former for want of sufficient words … Subsequent to this Remonstrance, the whole of the judges resigned, and afterwards re-qualified, under an act for amending the act entitled, “An act constituting the court of appeals,” passed the 22d of December, 1788.

Power Home Solar, LLC v. Sigora Solar, LLC

2021 NCBC 36 · North Carolina Business Court · Jun 18, 2021

The Court notes that the federal pleading standard established in those cases is a different and higher pleading standard than North Carolina’s notice pleading standard, which is applicable here. Fox v. … Power Home argues in response that it “clearly allege[s] throughout the Complaint that Defendants received the benefit of utilizing [Power Home’s] trade secrets and proprietary information through their intentional solicitation

Opinion No. (1993)

Oklahoma Attorney General Reports · May 21, 1993

For example, using such an analysis, clearly prohibitory criminal laws such as those against drug possession would be viewed as civil/regulatory, if a state permitted doctors to prescribe narcotics. ¶ 29 The Lac du Flambeau … Congress can compel the States to negotiate a compact or be subject to the District Court's jurisdiction or its imposed "compacting" or "mediation" without violating the states' 10th Amendment rights and 11th Amendment immunities

Duo-Fast Carolinas, Inc. v. Scott's Hill Hardware & Supply Co.

2018 NCBC 2 · North Carolina Business Court · Jan 2, 2018

The moving party bears “the burden of clearly establishing lack of a triable issue to the trial court.” N.C. Farm Bureau Mut. Ins. Co. v. … Sept. 17, 2017) (“Although customer lists, when compiled with pricing and bidding formulas, can sometimes qualify as a trade secret under the TSPA, the Court does not consider a customer list containing only information

LONG v. ABBOTT LABORATORIES

1999 NCBC 10 · North Carolina Business Court · Jul 30, 1999

) {25} The only class members who will receive a benefit are class members who qualify for assistance at North Carolina community health centers. … As the MDL case established, the underlying substantive claims were meritless, and the settlement reflected that fact.

Kamper v. Hawkins

1 Va. Cas. 21 · General Court of Virginia · Nov 16, 1793

It is the province of the judiciary to expound the laws, and to adjudge cases which may be brought before them—the judiciary may clearly say, that a subsequent statute has not changed a former for want of sufficient words … Subsequent to this Remonstrance, the whole of the judges resigned, and afterwards re-qualified, under an act for amending the act entitled, “An act constituting the court of appeals,” passed the 22d of December, 1788.

Time Warner Entm't advance/newhouse P'ship v. Town of Landis, North Carolina

2012 NCBC 48 · North Carolina Business Court · Sep 21, 2012

Declare Defendant’s proposed $18.00 rate unreasonable and either establish a rate in conformance with N.C. [Gen. … Vision Cable was to place permanent identification markers on all attached appliances that would be uniform, clearly visible, and recognizable from the ground. (Pl.’s Trial Ex. 8 ¶ 1b.)

Dept. of Rev. v. Butte Creek Associates I

19 Or. Tax 1 · Oregon Tax Court · Jul 20, 2006

Defendant (taxpayer) operates a low-income housing project built in 1990, located in Jackson County (the county), and qualifying for the benefits of section 42 of the Internal Revenue Code and section 515 of the Federal Housing … The comparable sales relied on by Arrasmith were preservation transfers of the type described in Piedmont Plaza I, in which this court held that a "preservation transfer is clearly not open market value and is not a comparable

Taidoc Tech. Corp. v. Ok Biotech Co., Ltd.

2016 NCBC 26 · North Carolina Business Court · Mar 28, 2016

TaiDoc has clearly met its burden. … This “privilege [to interfere] is conditional or qualified; that is, it is lost if exercised for a wrong purpose.

Hannah v. Washington County Assessor

Oregon Tax Court · May 25, 2016

However, as the party seeking relief, Plaintiff bears the ultimate burden of proof and must establish her case by a “preponderance” of the evidence. ORS 305.427. … Whether Plaintiff Meets the Qualifications for Homestead Deferral The Department argues that Plaintiff no longer qualifies for Homestead Deferral under ORS 311.668(1)(c).

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

2020 NCBC 47 · North Carolina Business Court · Jun 5, 2020

Indeed, the phrase appears in the “ultimate net loss” definition—a term focused on the calculation of the amount payable for qualifying occurrences rather than the scope of coverage in the first instance—and identifies … unnamed but contemplated sources of legal liability. 12 See Woods, 295 N.C. at 506, 246 S.E.2d at 777 (“If no definition is given, non-technical words are to be given their meaning in ordinary speech, unless the context clearly

Infosys Limited of India, Inc. v. Director, Division of Taxation

New Jersey Tax Court · Mar 20, 2018

The Director argued that even if Line 29 of the Unconsolidated Federal Form 1120-F establishes the tax base, the Director can still addback exemptions or deductions allowed under the treaty by virtue of N.J.S.A. 54:10A- … Moreover, neither treaty protection nor the I.R.C. limitations on the scope of taxation of foreign entities qualifies as a “specific exemption or credit” as required by the statute.

Kamper v. Hawkins

1 Va. 21 · General Court of Virginia · Jul 1, 1815

It is the province of the judiciary to expound the laws, and to adjudge cases which may be brought before them—the judiciary may clearly say, that a subsequent statute has not changed a former for want of sufficient words … Subsequent to this Remonstrance, the whole of the judges resigned, and afterwards re-qualified, under an act for amending the act entitled, “ An act constituting the court of appeals,” passed the 22d of December, 1788.

Kamper v. Hawkins

1 Va. 21 · General Court of Virginia · Jul 1, 1815

It is the province of the judiciary to expound the laws, and to adjudge cases which may be brought before them—the judiciary may clearly say, that a subsequent statute has not changed a former for want of sufficient words … Subsequent to this Remonstrance, the whole of the judges resigned, and afterwards re-qualified, under an act for amending the act entitled, “ An act constituting the court of appeals,” passed the 22d of December, 1788.

Kamper v. Hawkins

1 Va. 21 · General Court of Virginia · Jul 1, 1815

It is the province of the judiciary to expound the laws, and to adjudge cases which may be brought before them—the judiciary may clearly say, that a subsequent statute has not changed a former for want of sufficient words … Subsequent to this Remonstrance, the whole of the judges resigned, and afterwards re-qualified, under an act for amending the act entitled, “ An act constituting the court of appeals,” passed the 22d of December, 1788.

Rio Rico Properties v. Santa Cruz County

172 Ariz. 80 · Arizona Tax Court · May 22, 1992

First of all, it is plain from the language of Paragraph B that the legislature intended to qualify the term "erroneous assessment". … The Assessor's misclassification in Telco is clearly not a clerical or computational error.