Case law

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.

Mitchell, Brewer, Richardson, Adams, Burge & Boughman, Pllc v. Brewer

2013 NCBC 14 · North Carolina Business Court · Feb 26, 2013

Clearly, not all post-dissolution efforts by former members can appropriately be considered winding up or liquidating the LLC. … The court concludes that Adams is conversant with law firm accounting, is exceptionally qualified to perform the Accounting and that it is in the best interests of justice and the parties to this matter that he be appointed

Lawson v. Dept. of Rev.

Oregon Tax Court · Sep 29, 2016

ORS 316.007(1).3 “Any term used in this chapter has the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required … Plaintiff must establish her claim by a preponderance of the evidence, which “means the greater weight of evidence, the more convincing evidence.” Feves v. Dept. of Revenue, 4 OTR 302, 312 (1971).

Commons at Cedar Mill, LLC v. Washington County Assessor and Dept. of Rev.

Oregon Tax Court · Jan 24, 2018

In 2001, the legislature passed House Bill (HB) 2204, which established a new taxation regime for low-income housing projects, which would apply at the option of the property owner. … As described above, ORS 308.704 clearly states that a property owner may choose whether to participate in the low income housing special assessment program.

STATE Ex Rel. Comm'r Ins. v. CUSTARD

2010 NCBC 6 · North Carolina Business Court · Mar 19, 2010

E&Y’s 2002 report is thorough, comprehensive, and performed by fully qualified professionals. … Neither errors in judgments nor negligence establish bad motive. 26 N.C. Gen. Stat. § 55-8-30.

Gr&s Atlantic Beach, LLC v. Hull

2012 NCBC 52 · North Carolina Business Court · Oct 10, 2012

When the movant makes such a showing, the burden shifts to the nonmovant to present specific facts establishing the presence of a genuine factual dispute for trial. Lowe v. … Healthcare, where Judge Tennille wrote: [Under] the doctrine of the last antecedent, relative and qualifying words, phrases, and clauses ordinarily are to be applied to the word or phrase immediately preceding

Owens-Illinois Glass Co. v. Bridgeton

8 N.J. Tax 495 · New Jersey Tax Court · Sep 23, 1986

Additionally, as stated in The Appraisal of Real Estate, supra: A trend away from demolition and toward preservation of existing structures became clearly evident in the 1980’s. … Defendant has failed to establish that the Kerr Glass property was purchased on a square-foot basis.

Rref Bb Acquisitions, LLC v. Mas Props., LLC

2015 NCBC 58 · North Carolina Business Court · Jun 9, 2015

Whatever past negotiations between Defendants and BB&T for loan extensions may have looked like, the 2012 restructure negotiations clearly were “arms- length.” … (1) Rule for qualified applicant.

Lambert v. People

9 Cow. 577 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1827

This charge, although clearly insufficient to sustain an indictment for obtaining money by false pretences, was held sufficiently particular in an indictment for the conspiracy. … It is not a decision that the means must be set out in the indictment; but a decision that where they are set out as part of the description of the conspiracy itself, and as qualifying the offence, they become material, and

Kerry Coal Co. v. Department of Environmental Resources

31 Pa. D. & C.3d 257 · Pennsylvania Environmental Hearing Board · Jun 4, 1984

Finally, as DER’s Post-Hearing Brief correctly pointed out, “(u)nless an assignment is qualified in some way it transfers the whole interest of the assignor. In re Purnam’s Estate, 358 Pa. 187 , 56 A.2d 86 (1948).” … In 52 P.S. § 1396.3, the definition of surface mining preceding the just-quoted proviso clearly limits preparatory blasting falling under the SMCRA for “surface activity connected with surface or underground mining” (Emphasis

Dasmesh Darbar Sikh Temple v. Marion County Assessor

Oregon Tax Court · Jul 9, 2012

President testified that the Temple was established in Salem, Oregon, at its current site in October 2005. He testified that a change in the law no longer permits the priests to live in the Temple basement. … (Washington County), 18 OTR 409, 422 (2006) clearly stated that: “With regard to residences, it is neither the vows of poverty and obedience nor the promise of free housing, nor even substantial religious

H. J. Bradley, Inc. v. Taxation Division Director

4 N.J. Tax 213 · New Jersey Tax Court · Mar 1, 1982

The issue is whether the pools, which were clearly personalty prior to installation, became capital improvements when annexed to the ground upon which they were installed. In Handler v. … Where such an assessment has been made by reason of the contractor’s failure to obtain the certificate, the burden is then upon him to establish that the installation was in fact a capital improvement.

Blusky Restoration Contractors, LLC v. Brown

2022 NCBC 63 · North Carolina Business Court · Oct 20, 2022

BluSky Restoration alleges that Brown, as a limited partner, acquired Series B Common Units in BluSky HoldCo and therefore qualified as a Series B Common Member of BluSky Restoration under the terms of the LLC Agreement … “A motion for judgment on the pleadings should not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.”

Weir v. Fitzgerald

2 Bradf. 42 · New York Surrogate's Court · Oct 15, 1851

The rule was, of necessity, qualified by the reason of it, which was a presumed want of capacity. … This proof, I think, is clearly sufficient, and is not overcome by the want of recollection on the part of the other witness.

Fulton Light, Heat & Power Co. v. State

62 Misc. 189 · New York Court of Claims · Jan 15, 1909

The boundaries are described as along the pond; and unless in some manner qualified or restricted they, by legal construction, had the effect to embrace the bed within their grants. … The State is not in a position to show either of these facts and in this proceeding has not established either of these facts.

Mace, Mario v. Express Services

2015 TN WC 38 · Tennessee Court of Workers' Compensation Claims · Apr 27, 2015

Mace denied working as a bouncer in either establishment, noting that he does not hold a security license. … Petty clearly found a causal relationship. Based on Mr. Francis' account, he cannot find a causal relationship. However, Dr. Petty possesses no direct knowledge regarding Mr.

B.F. v. Reprod. Med. Assocs. of N.Y., LLP

69 N.Y.S.3d 543 · Court for the Trial of Impeachments and Correction of Errors · Dec 14, 2017

Indeed, we explained in Massie that CPLR 214-a established that "[a]n action for medical malpractice must be commenced within two years and six months of the date of accrual," citing our common-law precedents to show that … Contrary to the dissent's assertion (dissenting op. at 620, 69 N.Y.S.3d at 551, 92 N.E.3d at 774), nothing in our analysis addresses much less restricts which treatment and care expenses qualify as extraordinary expenses

Albright v. Vining-Sparks Secs., Inc.

2019 NCBC 80 · North Carolina Business Court · Dec 31, 2019

In the absence of Tennessee precedent clearly directing otherwise, the Court therefore finds no conclusive legislative intent in Section 61-2-304(f) to establish exclusive jurisdiction in Tennessee courts. See id. … App. at 31, 732 S.E.2d at 618 (stating that an allegation asserting: “[u]pon information and belief, [defendant] has waived immunity for the suit by the purchase of liability insurance[,]” was not an admission “as to the

Thompson, David v. Comcast Corporation

2018 TN WC App. 1 · Tennessee Workers' Compensation Appeals Board · Jan 30, 2018

Moreover, “[i]n the event that the treating physician refers an injured or disabled employee for pain management, the employee is entitled to a panel of qualified physicians . . . .” Tenn. Code Ann. § 50-6-204(j)(2)(A). … Indeed, the statute clearly says so.

In re the Estate of Gebauer

79 Misc. 2d 715 · New York Surrogate's Court · Nov 8, 1974

. *720 "What is not clear to this court is whether the new motivation test established by the Ortelere decision is an addition or a replacement to the “ prior * * * cognitive standard giving great weight to objective evidence … Staffer did not qualify as an alienist; therefore, his testimony was erroneously received. He could not legally testify as to the mental competency of the decedent”. (Matter of Lindou, p. 819.)