Case law

Zulauf v. State

119 Misc. 2d 135 · New York Court of Claims · May 9, 1983

This has been interpreted to mean that the immunity accorded can only be denied where there is evidence of an exercise of these privileges in excess of reasonableness under the circumstances. … With respect to Blanche and William Peltier, the nexus between the trooper’s negligence and the fire which resulted in their deaths has been clearly established.

Santa Fe Natural Tobacco Co. v. Dept. of Rev.

24 Or. Tax 549 · Oregon Tax Court · May 3, 2021

On the other hand, the court should not admit expert testimony if the finder of fact “clearly is equally qualified [to determine the facts] with- out help from opinion testimony.” Yundt, 259 Or at 259. … In the “area between the clearly qualified [trier of fact] and the clearly unqualified [trier of fact],” the court has “a certain latitude of decision in excluding or receiving expert opin- ion testimony.”

People v. Moscat

3 Misc. 3d 739 · Criminal Court of the City of New York · Mar 25, 2004

Prior to Crawford , such a call for help to 911 would ordinarily be admitted into evidence as an “excited utterance,” provided that the evidence established all the elements of that hearsay exception. (See, e.g. … Thus, White clearly seemed to confirm that an “excited utterance” — such as a 911 call — could be admitted without violating the Confrontation Clause.

In re the Estate of Glick

142 Misc. 2d 650 · New York Surrogate's Court · Feb 10, 1989

In article second of her will, after providing specific bequests totaling $30,000 to various friends, testatrix established a trust for the life of her cousin Anthony consisting of "the *651 maximum exempt amount of an estate … Testatrix’ intention to benefit charity is clearly evinced by her will, as is her intent to avoid estate tax.

Ferrell v. Ohio State Hwy. Patrol

2016 Ohio 5223 · Ohio Court of Claims · Jun 1, 2016

to immunity. … established between the state and an injured party.

In re the Estate of Auditore

159 Misc. 402 · New York Surrogate's Court · May 8, 1936

Upon the renunciation of the named executor, the widow and this brother of the decedent qualified as administrators c. t. a. … The first is based upon the doctrine established by the Court of Appeals in the main litigation in this very case The estate was the owner of stock in these corporations.

Green v. Ohio Lottery Comm.

2012 Ohio 3647 · Ohio Court of Claims · Feb 27, 2012

Under McDonnell Douglas, a plaintiff establishes a prima facie case of race discrimination by establishing that plaintiff: 1) was a member of a protected class; 2) suffered an adverse employment action; 3) was qualified for … Defendant contends that the decision by plaintiff’s supervisors to place plaintiff on a performance improvement plan establishes that he was not qualified for his position.

Atkinson v. State Tax Commission

1 Or. Tax 558 · Oregon Tax Court · May 11, 1964

Some words frequently used in statutes are inherently ambiguous because the legislature is establishing a standard which will vary with the facts of each case. “Primarily engaged” are such words. … Using this definition, plaintiff is entitled to its claimed offset because its qualifying business in Oregon is clearly substantial.

In re the Will of Hart

189 Misc. 171 · New York Surrogate's Court · Apr 3, 1947

The said income beneficiary is one of the two named and qualified trustees. … The phrase “ in such sum or amount as she may request ” was clearly intended to be qualified by the phrase immediately following, “ and which may be necessary for her care, health and suitable maintenance.”

Dixie Dinettes, Inc. v. Schaller's Furniture Inc.

71 Misc. 2d 102 · Civil Court of the City of New York · Jul 21, 1972

The1 plain language of the statute and the judicial interpretation thereof clearly established that the underlying contract is not void, but merely the right to enforce it is suspended while the offending corporation is in … The statute clearly imposes these requirements on successors in interest of defaulting corporations.

In re the Estate of Franco

108 Misc. 2d 1084 · New York Surrogate's Court · May 15, 1981

could reach so much of the recovery as was allocated to conscious pain and suffering, but from whose claims the wrongful death recovery is immune. … matters, summary proceedings, and countless other matters within the general jurisdiction of the Supreme Court and the specialized jurisdiction of courts with staffs specifically geared to handle such matters, it is well established

Joyner v. Albert Merrill School

97 Misc. 2d 568 · Civil Court of the City of New York · Dec 5, 1978

The record clearly establishes that defendants continued plaintiff in their program through the spring of 1971 and repeatedly misled him as to his employment prospects until at least the spring of 1975. … The high grade given to plaintiff on defendants’ so-called "aptitude” test was clearly calculated to mislead and deceive him.

Opinion No. (1997)

Oklahoma Attorney General Reports · Oct 7, 1997

Where the intent is clearly stated in the statute, no further statutory construction is necessary. Hughes Drilling Company v. Morgan, 648 P.2d 32 , 35 (Okla. 1982). … In exercising these powers, a board of county commissioners, unless otherwise prohibited by law, can establish criteria for members of the county retirement system to qualify for military service credit benefits. ¶ 10 It

Goldstein v. State

168 Misc. 337 · New York Court of Claims · Jul 1, 1938

Section 12-a goes beyond the point of a mere waiver of immunity from suit. It waives immunity not only from suit but also from liability. … State’s immunity from liability.

Sparre v. Dept. of Transp.

2012 Ohio 3679 · Ohio Court of Claims · Mar 29, 2012

The court noted that Tuttle’s training in accident reconstruction did not render him qualified as an expert with regard to the nature and extent of Sparre’s injuries. … ODOT’s decision as to when to implement a permanent repair for a known slip, based upon available funds, is clearly an engineering judgment decision of such nature.

Duverney v. State

96 Misc. 2d 898 · New York Court of Claims · Oct 29, 1978

conduct subjected the plaintiff to a deprivation of rights, privileges or immunities secured by the Federal Constitution and laws. … The affidavit submitted in support of the motion in this court clearly alleges wrongs committed by both Prajka and Strum. Nevertheless, the jury found only against Prajka.

In re the Estate of Caccamo

71 Misc. 2d 391 · New York Surrogate's Court · Oct 3, 1972

Both the decedent and his wife had recent roots here although at the time of his death both were clearly residents of Nevada. … The forum law of New York does govern and this court is required to apply our recently established choice of law principles to the particular issue before this court.

Hyundai Semiconductor America v. City of Eugene

14 Or. Tax 557 · Oregon Tax Court · May 5, 1999

Each of the Defendants adopted a new resolution requiring qualified businesses to make a “public benefit contribution” of up to 15 percent of the tax exemption in order to qualify for the tax exemption. … Those conditions are clearly and directly related to accomplishing those purposes. ORS 285.577(4).

Rosencrantz v. Territory

2 Wash. Terr. 267 · Washington Territory · Jul 15, 1884

The question is as to the meaning of 2078 of the Code, which provides, “all qualified electors shall be competent to serve as petit jurors, and all qualified electors and householders shall be competent to serve as grand … Therefore, to hold that the Legislature, in passing the law now incorporated in the Code as Section 2078, meant to establish a rule relating to jurors which might be materially altered and changed every time the Legislature

Opinion No. (2006)

Oklahoma Attorney General Reports · Apr 14, 2006

a contract for sale although the writings of the parties do not otherwise establish a contract. … Such clauses thus essentially attempt to waive, by contract, the sovereign immunity of the State.