Case law

In re the Accounting of Morse

1 Misc. 2d 206 · New York Surrogate's Court · Aug 10, 1955

The evidence in the record clearly requires such latter finding. Although its corporate existence continues, the sanatorium has ceased functioning. … The court concludes that the named legatee is not qualified to receive the gift of the remainder.

Opinion No. (1988)

Oklahoma Attorney General Reports · Mar 10, 1988

THE INDIAN AND HARDROCK MINING MUSEUM COMMISSION WAS ESTABLISHED IN 1971 BY THE TERMS OF HOUSE BILL NO. 1365 OF THE 1971 LEGISLATURE. … IN 1975, THE COMMISSION RESOLVED TO DEDICATE CERTAIN PROPERTY OWNED BY IT TO THE USE OF OKLAHOMA INDIAN TRIBES, UNDERSTANDING AT THAT TIME THAT A PRIVATE ENTITY REPRESENTING SEVERAL TRIBES WAS QUALIFIED TO RECEIVE FEDERAL

Opinion No. 72-282 (1972) Ag

Oklahoma Attorney General Reports · Feb 14, 1972

He must go further, however, and show that the income item which he seeks to include qualifies as one subject to adjustment. … This language clearly contemplates the allowance for depletion only in event of actual production of oil or gas from the land .

Maresca v. 167 Bleecker, Inc.

121 Misc. 2d 846 · Civil Court of the City of New York · Sep 2, 1983

Although the statutory phrasing is inartful, it is expected that tenants would not have the competence to provide estimates of correction cost and they are clearly excepted from a requirement that any other person provide … qualify under the statute, RPAPL 776 states that the court “shall” enter a judgment consistent with the statute.

Cynthia H. v. James H.

117 Misc. 2d 474 · New York Family Court · Jan 10, 1983

Pursuant to section 532 of the Family Court Act, as amended by chapter 695 of the Laws of 1982, reports of HLA tests conducted by a duly qualified physician are *475 admissible in evidence under CPLR 4518. … The history of section 532 of the Family Court Act and CPLR 4518 (subd [c]) and of the decisional law interpreting those sections clearly indicates that in enacting chapter 695 of the Laws of 1982, the Legislature intended

State of N.C. v. Tiktok Inc.

2025 NCBC 47 · North Carolina Business Court · Aug 19, 2025

Immunity. … In those cases, one court after another has concluded that designing an app to induce addictive, compulsive use by minors comfortably qualifies as an unfair practice.

In re the Estate of Cox

85 Misc. 2d 686 · New York Surrogate's Court · Feb 5, 1976

Lloyd Bedford Cox, a cotrustee under the donor’s will, and a corporate fiduciary were named and qualified as executors of the wife’s estate. Her will did not create any trusts and no provision for trustees was made. … However, these cases and the authorities cited therein are clearly distinguishable. The rationale of these decisions is clearly stated in Matter of Moulton ( 1 AD2d 771 ).

People v. Rodriguez

115 Misc. 2d 866 · Criminal Court of the City of New York · Sep 30, 1982

The latter provision in the view of this court, clearly expresses the understanding and agreement between the parties that the final word remains with the Port Authority. … The bi-State air terminal status grants the Port Authority broad powers to construct, establish and maintain buildings, structures, parking areas and facilities necessary, convenient or desirable for accommodating passengers

National Christian Network, Inc. v. Department of Revenue

19 Fla. Supp. 2d 242 · State of Florida Division of Administrative Hearings · Oct 21, 1985

The legislature clearly intended that some television or radio networks be included in this class. … It has qualified as a charitable organization under IRC Section 501(c)(3), 1954. 2.

Duffy v. Liberty Mutual Insurance

58 Misc. 2d 855 · Civil Court of the City of New York · Dec 31, 1968

The supplementary payments provision however, which is an enlargement of the *859 liability section of the policy (but not operative only where liability is established [Ayles v. Hartford Acc. & Ind. Co., 223 App. … Clearly, the distinction must be ¡made between an actual and a potential insured.

Opinion No. (1991) Ag

Oklahoma Attorney General Reports · Jul 12, 1991

(B) TO ENABLE THE STATE TO ATTRACT AND RETAIN QUALIFIED EMPLOYEES BY PROVIDING HEALTH, DENTAL AND LIFE INSURANCE BENEFITS SIMILAR TO THOSE COMMONLY PROVIDED IN PRIVATE INDUSTRY; (E) TO RECOGNIZE LONG AND FAITHFUL SERVICE … ARE ESTABLISHED BY THE BOARD.

Elliott v. Kb Home N.C., Inc.

2017 NCBC 37 · North Carolina Business Court · Apr 17, 2017

There are three basic requirements to establish class certification under Rule 23:  First, parties seeking to employ the class action procedure pursuant to our Rule 23 must establish the existence … RPC 1.5 provides that “[a] lawyer shall not make an agreement for, charge, or collect an illegal or clearly excessive fee or collect a clearly excessive amount for expenses.” Id.

Parkhurst v. Dept. of Revenue

4 Or. Tax 586 · Oregon Tax Court · Dec 15, 1971

The Director of the Department of Revenue concluded that all of the corporation’s property qualified for exemption from taxation under ORS 307.130 and ORS 307.140. … Furthermore, the program itself does not qualify as education under the exemption statute.

Moscato v. Ohio State Univ.

2013 Ohio 3631 · Ohio Court of Claims · Mar 27, 2013

In order to establish a claim for disability discrimination, the plaintiff must first establish that she is “disabled” within the meaning of the ADA. McKay v. … A physical impairment includes “[a]ny physiological disorder or condition, * * * or anatomical loss affecting one or more body systems, such as * * * respiratory (including speech organs),” immune or lymphatic.

Med1 N.C. Servs., L.L.C. v. Med1 Plus, L.L.C.

2020 NCBC 15 · North Carolina Business Court · Feb 26, 2020

Robeson County solicits bids from qualified non-emergency ambulance providers for the exclusive contractual right to provide their services (the “Robeson County Contract”). … However, these factors are not sufficient to establish a fiduciary duty on the part of Davis and Hagins.

Opinion No. 92-605 (1992)

Oklahoma Attorney General Reports · May 28, 1992

CLEARLY, A CONSTITUTIONAL PROBLEM EXISTS UNLESS THE ISSUING AGENCY HAS OTHER "CASH ON HAND" TO COVER THE AMOUNT OF THE WARRANTS BETWEEN THE DATE THE WARRANTS ARE ISSUED AND DELIVERED AND THE DATE THE OFFSETTING DEPOSIT OF … DEPEND UPON THE FACTS AND CIRCUMSTANCES OF EACH CASE; NEVERTHELESS, THE AUTHORITIES REVIEWED ABOVE ESTABLISH CERTAIN MINIMAL REQUIREMENTS.

Realty v. Calixte

178 Misc. 2d 80 · Civil Court of the City of New York · Aug 7, 1998

When a State court is required to apply or interpret a Federal statute, such as the FDCPA, the State court is bound to apply the statute in accordance with the rule established by the Supreme Court and with the rule established … Petitioner’s final argument — that Romea (supra) should not be applied retroactively — is clearly specious.

Ellis v. Cuyahoga Cty. Prosecutor's Office

2018 Ohio 3480 · Ohio Court of Claims · Aug 29, 2018

A requester qualifies as an “aggrieved person” if he makes a public records request either in his own name, or through a designee. State ex rel. Quolke v. Strongsville Sch. Dist. … R.C. 149.43(B)(8) (formerly R.C. 149.43(B)(4)) “clearly was drafted to restrict the ability of inmates to obtain what would otherwise be easily obtainable by noninmates.” State ex rel. Russell v.

York v. Ohio Dept. of Transp.

2012 Ohio 3678 · Ohio Court of Claims · Mar 12, 2012

Accordingly, the court finds that plaintiff consented to try the issue of defendants’ discretionary immunity. {¶ 33} It is well established that “the state cannot be sued for its legislative or judicial functions or … ODOT’s decision as to whether to increase the width of the paved shoulder when section 630-5(2)(c) of the Traffic Engineering Manual was updated is clearly a policy decision of such nature.

In re Avery's Estate

92 N.Y.S. 974 · New York Surrogate's Court · Dec 15, 1904

When the court has acted upon the probate of the will—admitted it to probate—and when the executor has qualified as required by law, and letters have been issued to him out of, and under the seal of, the court, then, and … Even had the language of this statute been less explicit in limiting its application to domestic trust companies, it could not be held to embrace foreign trust companies, in the absence of language clearly indicating that