Case law

Cincinnati Enquirer v. Hamilton Cty. Bd. of Commrs.

2020 Ohio 4856 · Ohio Court of Claims · Aug 25, 2020

Entitlement to relief under R.C. 2743.75 must likewise be established by clear and convincing evidence. Hurt v. … The Cincinnati Bengals organization and their counsel clearly have direct knowledge of the information contained in Withheld Records p. 304-311, 335-342, 347-360, 364-371, and 375-381.

In re Hastings

6 Dem. Sur. 307 · New York Surrogate's Court · Oct 15, 1887

Jarman somewhat qualifies this doctrine, in the following proposition, which is supported by numerous decisions: “ Though it is the will itself, and not the intention as elsewhere collected, which constitutes the real and … It must be the case of an ambiguity which cannot otherwise be removed, and which may, by these means, be clearly and satisfactorily explained. ....

Robles v. Department of Revenue

Oregon Tax Court · Jul 6, 2012

However, Plaintiffs provided substantiation including receipts for Hugo‘s lodging and meals (establishing the dates and amounts of expenditures) and Hugo‘s credible testimony (establishing the business purpose of expenditures … Some receipts do not state a location and do not clearly relate to any of Hugo‘s business trips. (Id. at 58, 68, and 81.)

Griffin v. Twin Valley Psychiatric Systems

118 Ohio Misc. 2d 301 · Ohio Court of Claims · Jun 5, 2002

As discussed below, hospitals lack legal authority to retain involuntary in-patients beyond time limits established by the probate court pursuant to statutory restrictions. DISCHARGE TO THE AFTERCARE AGENCY {¶ 64} 43. … Accordingly, the defendant hospital and its personnel are immune from liability to these plaintiffs for their actions and decisions regarding this patient’s care and discharge. R.C. 5122.34(A); Estates of Morgan v.

Cromartie v. Dept. of Rehab. & Corr.

2020 Ohio 2906 · Ohio Court of Claims · Mar 19, 2020

L-12-1297, 2013-Ohio-5183, ¶ 18 (“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.”). … The nursing shift assessments reflect intermittent complaints of hip pain, but plaintiff clearly had chronic hip pain before the events at issue in this case due to the deteriorative condition in his hip. {¶32} Plaintiff

Gottfried v. State

23 Misc. 2d 733 · New York Court of Claims · May 18, 1960

The claimant Gottfried’s land, as well as the lands of the others, are about 14 feet below the established level of the street grades in that vicinity. … The court held (p. 36) that “ an appropriation of land, unless qualified when made, is an appropriation of all that is annexed to the land, whether classified as buildings or as fixtures * * *.

Stout Living Trust v. Lane County Assessor

Oregon Tax Court · Jan 18, 2012

Plaintiff has the burden of proof and must establish its case by a preponderance of the evidence. ORS 305.427.3 A “[p]reponderance of the evidence means the greater weight of evidence, the more convincing evidence.” … The court did not receive any evidence clearly identifying how the 2010-11 exception value of $63,950 was determined or whether it included new improvements to the subject property properly added to the 2010-11 maximum

Hopwah v. State of New York

2024 NY Slip Op 50260(U) · New York Court of Claims · Feb 15, 2024

However, the Appellate Division decision clearly reveals that the reversal of claimant's criminal matter was based on an improper jury instruction, which is not one of the covered grounds under the statute ( see People v … It follows here that claimant simply does not qualify for relief under Court of Claims Act § 8-b, as it is clear that his criminal case was reversed because the Court failed to properly instruct the jury ( see People v Hop

Matthews, Savitri v. Family Dollar Stores of Tennessee, LLC

2023 TN WC App. 41 · Tennessee Workers' Compensation Appeals Board · Aug 22, 2023

which if I had access to more data, might have altered [my evaluation].” 8 At the conclusion of the compensation hearing, the trial court determined that all three physicians practice the same specialty, are well-qualified … In addition, it is well-established that, when faced with competing expert medical opinions, “trial courts are granted broad discretion in choosing which opinion to accept, and we will not disturb that decision absent an

E.S.S. Co. v. Director, New Jersey Division of Taxation

New Jersey Tax Court · Dec 7, 2021

Plaintiff’s insufficient recordkeeping and misplaced SUT crediting is not enough to qualify as “cogent evidence [that is] ‘definite, positive and certain in quality and quantity.’” Yilmaz, Inc. v. … The personal liability of persons required to collect sales tax is established in N.J.S.A. 54:32B-14(a).

Marcum v. Dept. of Rev.

Oregon Tax Court · Apr 25, 2016

ORS 316.007(1).1 “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 … However, a “taxpayer’s costs of commuting to his place of business or employment are personal expenses and do not qualify as deductible expenses.” Treas Reg 1.262-1(b)(5).

Schmidt v. Harney County Assessor

Oregon Tax Court · Nov 2, 2015

By statute, Plaintiff has the burden of proof and must establish an error in the record assessment by a “preponderance” of the evidence. ORS 305.427. … On the contrary, Defendant’s appraiser clearly indicates that the “effective date of the appraisal” is May 6, 2015. (Def’s Ex A at 1, 7, 41.)

Hess Realty Corp. v. Director, Division of Taxation

10 N.J. Tax 63 · New Jersey Tax Court · Jul 14, 1988

As the Director notes, the mere fact that HRC owned these properties is not sufficient to qualify any of them as a “regular place of business” pursuant to statute, regulation and the relevant decisional law. … It is also clearly understood that the established apportionment formulas are necessarily imperfect and there is a margin of error in all of them. Id., 463 U.S. at 184 , 103 S.Ct. at 2950 , 77 L.Ed.2d at 565 .

Wells Fargo Ins. Servs. USA, Inc. v. Link

2018 NCBC 40 · North Carolina Business Court · May 8, 2018

To establish that a non-solicitation of employees covenant is reasonable, an employer must establish that it has a protectable business interest in prohibiting solicitation of former employees, and such prohibition must … This “privilege [to interfere] is conditional or qualified; that is, it is lost if exercised for a wrong purpose.

American Insurance v. Griswold

14 Wend. 399 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1835

But for more clearly comprehending the present question in dispute, it may be useful to inquire particularly what was ruled in Newby v. … The principle that equality is equity, is what establishes contribution for partial loss.

595 New Brunswick LLC v. City of Perth Amboy.

New Jersey Tax Court · Jun 13, 2017

She also stated that she believed and understood the Ordinance was “established to promote commercial development,” thus, it did not adopt the provisions of the Abatement/Exemption Law which included “commercial to residential … The Tax Court held that it “clearly” had jurisdiction to review the county board judgment. Id. at 246.

Evergreen Agricultural Enterprises v. Yamhill County Assessor

Oregon Tax Court · Dec 16, 2011

Plaintiff has the burden of proof and must establish its case by a preponderance of the evidence. ORS 305.427.2 A “[p]reponderance of the evidence means the greater weight of evidence, the more convincing evidence.” … The assessor could therefore reasonably limit the scope of his inspection to discerning whether the information contained in [the] taxpayer‟s records clearly conflicted with the observed circumstances of the

HPT TA Properties Trust v. Bloomsbury Borough

New Jersey Tax Court · Oct 1, 2018

Hagaman had not been qualified as an expert witness and indicated that she could only testify as to how the assessment came about, not about the land values. 13 “This … The testimony of the borough assessor clearly and unequivocally was that the land assessment was based on a $200,000 per acre value attributed to a 2006 revaluation formulated by Appraisal Systems using the Cost Approach

Mater Investment Company v. Benton County Assessor

Oregon Tax Court · Mar 24, 2016

Property Tax Exemption The issue presented is whether the subject property lease to Greenbelt qualifies for property tax exemption under ORS 307.112 for the 2014-15 tax year. … rate data of that property; “(c) Rental rate used in a real market value appraisal for that property; “(d) Rent study of comparable or similar properties. “(9) The savings must be clearly

Implus Footcare, LLC v. Vore

2025 NCBC 55 · North Carolina Business Court · Sep 11, 2025

Thus, “[t]o establish that a non-solicitation of employees covenant is reasonable, an employer must establish that it has a protectable business interest in prohibiting solicitation of former employees … However, “the privilege to interfere is conditional or qualified; that is, it is lost if exercised for a wrong purpose.