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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Year: 1981 Page 1 of about 92 results (0.079 seconds)

May 04 1981 (FN)

Complete Auto Transit, Inc. Vs. Reis

Court : US Supreme Court

Decided on : May-04-1981

..... remarks of sen. ball). but the language of 301(b) says nothing about holding union members harmless when they, without the approval of their union individually breach the contract. the special exemption in 301(b) affords individual union members protection against individual liability for collective action; this simultaneously encourages group action through the union -- which is ..... employers may not be held liable for resulting damages to the employers. at stake is the fundamental principle that individuals are accountable when they breach a voluntarily executed contract. the underlying facts in this case are not in dispute. the respondents are members of local 332 of the international brotherhood of teamsters, which acts as ..... s. 567 (1960), because the employer yields traditional managerial autonomy in exchange for industrial peace. despite the mutual benefits of the no-strike grievance arbitration pact, strikes in breach of contract occur with disturbing frequency. in some cases, these strikes are encouraged or even instigated by union leaders. [ footnote 2/1 ] often, however, they are true "wildcats" ..... u.s. at 398 u. s. 253 -254, this court held that the norris-laguardia act's prohibition against enjoining strikes does not apply where the "collective bargaining contract contains a mandatory grievance adjustment or arbitration procedure," where the grievance is subject to arbitration, and where the usual requirements for obtaining equitable relief have been satisfied. [ footnote .....

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Nov 10 1981 (FN)

Ridgway Vs. Ridgway

Court : US Supreme Court

Decided on : Nov-10-1981

..... pp. 1119 (sd iowa 1976). see id. at 1122. [ footnote 2 ] the very title of the act recited that it was "to provide special indemnity insurance for members of the armed forces serving in combat zones, and for other purposes." 79 stat. 880. [ footnote 3 ] a similar and still earlier ..... is first appropriate to identify those federal interests precisely. the right to designate the beneficiary of an insurance policy is a common feature in insurance contracts. it surely is not a right that can be characterized as uniquely federal in any sense. moreover, the mere fact that the right has ..... the morale of the serviceman. the exemption provision is his page 454 u. s. 57 guarantee of the complete and full performance of the contract to the exclusion of conflicting claims. the end is a legitimate one within the congressional powers over national defense, and the means are adapted to ..... itself. see 38 u.s.c. 766. thus, under the sglia, the government is the policyholder, rather than the insurer. the administrator has contracted with petitioner prudential insurance company of america, which now serves as the primary insurer under the sglia and which operates, under veterans' administration supervision and ..... at 14. sergeant ridgway's life was then insured under a $20,000 policy issued by prudential insurance company of america pursuant to a group contract with the administrator of veterans' affairs. at the time of the ridgways' divorce, april was the designated beneficiary of that policy. on march 28, .....

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Apr 20 1981 (FN)

Pennhurst State Sch. and Hosp. Vs. Halderman

Court : US Supreme Court

Decided on : Apr-20-1981

..... state voluntarily and knowingly accepts the terms of the "contract." see steward machine co. v. davis, 301 u. s. 548 , 301 u. s. 585 -598 (1937); harris v. mcrae, 448 u. s. 297 (1980). there can, of course, be no ..... . 309 (1968); rosado v. wyman, 397 u. s. 397 (1970). unlike legislation enacted under 5, however, legislation enacted pursuant to the spending power is much in the nature of a contract: in return for federal funds, the states agree to comply with federally imposed conditions. the legitimacy of congress' power to legislate under the spending power thus rests on whether the ..... state voluntarily and knowingly accepts the terms of the "contract," but if congress intends to impose a condition on the grant of federal moneys, it must do so unambiguously. pp. 451 u. s. 15 -18. (b) applying the above principles ..... implicitly attempt to impose massive financial obligations on the states. unlike legislation enacted under 5, however, legislation enacted pursuant to the spending power is much in the nature of a contract; in return for federal funds, the states agree to comply with federally imposed conditions. the legitimacy of congress' power to legislate under the spending power thus rests on whether the .....

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Apr 06 1981 (FN)

Universities Research Assn., Inc. Vs. Coutu

Court : US Supreme Court

Decided on : Apr-06-1981

..... which involve only an incidental amount of work . . . that would otherwise be considered construction, alteration and/or repair." 9-18.701-51(a)(3); and contracts for work involving "[e]xperimental development of equipment, processes and devices, including assembly, fitting, installation, testing, reworking, and disassembly." the regulations make clear, however, ..... supra, contains the disqualification provision. [ footnote 6 ] the reorganization plan requires the secretary to "prescribe appropriate standards, regulations, and procedures" to be observed by contracting agencies, and directs the secretary to make "such investigations, concerning compliance with and enforcement of such labor standards, as he deems desirable." the presidential message accompanying ..... that no administrative functions would be disrupted by judicial intervention, since davis-bacon stipulations are incorporated by operation of law into every federal construction contract, regardless of whether the contracting agency has made a coverage determination. but this assertion ignores the fact page 450 u. s. 784 that the act does not define ..... 1372, ulltil september 10, 1975. during that time, he was compensated in accordance with the wage schedules for the "technician" classification set forth in the contract. respondent's duties involved monitoring computers, providing assistance to scientific personnel. supervising accelerator operation, and recordkeeping. he also would make minor repairs to malfunctioning equipment .....

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Jul 02 1981 (FN)

Dames and Moore Vs. Regan

Court : US Supreme Court

Decided on : Jul-02-1981

..... provisions of this part and any rulings, licenses, authorizations, instructions, orders, or forms issued thereunder may be amended, modified, or revoked at any time." [ footnote 4 ] the contract stated that any dispute incapable of resolution by agreement of the parties would be submitted to conciliation, and that, if either party was unwilling to accept the results of conciliation ..... of iran and the atomic energy organization, but not against the iranian banks. the district court granted petitioner's motion and awarded petitioner the amount claimed under the contract, plus interest. thereafter, petitioner attempted to execute the judgment by obtaining writs of garnishment and execution in state court in the state of washington, and a sheriff' ..... the agreement for its own convenience on june 30, 1979. petitioner contended, however, that it was owed $3,436,694.30 plus interest for services performed under the contract prior to the date of termination. [ footnote 4 ] the district court issued orders of attachment directed against property of the defendants, and the property of certain iranian banks ..... claims tribunal determines that it has no jurisdiction over the claim. meanwhile, the district court granted summary judgment for petitioner and awarded it the amount claimed under the contract plus interest, but stayed execution of the judgment pending appeal by the defendants, and ordered that all prejudgment attachments against the defendants be vacated and that further proceedings .....

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Jul 01 1981 (FN)

Gulf Offshore Co. Vs. Mobil Oil Corp.

Court : US Supreme Court

Decided on : Jul-01-1981

..... . the texas court of civil appeals affirmed, and the texas supreme court denied review. held: 1. federal courts do not have exclusive jurisdiction over personal injury and indemnity cases arising under ocsla. nothing in the language, structure, legislative history, or underlying policies of ocsla suggests that congress intended federal courts to exercise exclusive jurisdiction over such ..... and remanded. justice stewart took no part in the consideration or decision of this case. [ footnote 1 ] mobil claimed indemnification on the grounds of both its contract with petitioner and the allegation that petitioner's negligence caused the accident. prior to trial, gaedecke entered into a conditional settlement agreement with mobil, which limited his potential ..... in applying these laws and certainly cannot be thought unsympathetic to a claim only because it is labeled federal, rather than state, law. allowing personal injury and contract actions in state courts will advance interests identified by congress in enacting ocsla. a recurring consideration in the deliberations leading to enactment was "the special relationship between ..... borrows state law to govern claims arising under it, will not be frustrated by state court jurisdiction over personal injury actions. and allowing personal injury and contract actions in state courts will advance interests identified by congress in enacting ocsla concerning the special relationship between the men working on offshore platforms and the adjacent shore .....

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Jun 29 1981 (FN)

Nlrb Vs. Amax Coal Co.

Court : US Supreme Court

Decided on : Jun-29-1981

..... faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession. . . ..... faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession. . . ..... respect to the midwestern mines, amax is a member of the bituminous coal operators association (bcoa), a national multiemployer group that bargains with the union. through its collective bargaining contract with the union, amax, along with the other members of the bcoa, agreed to contribute to the union's national pension and welfare trust funds. these funds, established under ..... which it is a member of the bituminous coal operators association (bcoa), a national multiemployer group that bargains with the union representing amax's employees. under a collective bargaining contract with the union, amax, along with other members of the bcoa, agreed to contribute to the union's national pension and welfare trust funds, which were established under .....

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Jun 22 1981 (FN)

Plumbers and Pipefitters Vs. Plumbers and Pipefitters

Court : US Supreme Court

Decided on : Jun-22-1981

..... , collective agreements affecting interstatc commerce should be enforceable in the federal courts." * * * * "statutory rccognition of the collective agreement as a valid, binding, and enforceablc contract is a logical and necessary step. it will promote a higher degree of responsibility upon the parties to such agreements, and will thereby promote industrial peace" 1947 senate report ..... no federal right to consolidate its locals. congress has identified no national policy favoring or disfavoring the consolidation of local unions. [ footnote 3/7 ] unless contracts between unions have some form of federal protection, the statute as the court construes it is the equivalent of a statute authorizing federal urisdiction over all litigation between ..... and obligations between the parent and affiliated locals -- would contribute to the achievement of labor stability. since union constitutions were probably the most commonplace form of contract between labor organizations when the taft-hartley act was enacted (and probably still are today), and congress was obviously familiar with their existence and importance, we ..... into which they entered among themselves, an objective that itself would further stability among labor organizations. therefore, 301(a) provided federal jurisdiction for enforcement of contracts made by labor organizations to counteract jurisdictional defects in many state courts that made it difficult or impossible to bring suits against labor organizations by reason of .....

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Jun 08 1981 (FN)

Anderson Bros. Ford Vs. Valencia

Court : US Supreme Court

Decided on : Jun-08-1981

..... ] the applicable statute and regulation thus both clearly declare the assignment of unearned insurance premiums to be a security interest which must be disclosed on the face of the credit contract. [ footnote 2/5 ] virtually ignoring the federal reserve board definition of "security interest" in 226.2(gg) of regulation z -- the applicable administrative pronouncement which effectively ..... what it says, and so the sole question is whether the credit company's right to the consumer's unearned insurance premium is a "security interest." the credit contract requires the consumer to buy physical damage insurance "protecting the interests of buyer and seller," and grants to the seller any unearned insurance premiums, to be "applied ..... amendments. she described those amendments as "a series of amendments in the house, to strike at home improvement racketeers who trick homeowners, particularly the poor, into signing contracts at exorbitant rates, which turn out to be liens on the family residences. any credit transaction which involves a security interest in property must be clearly explained to ..... this 'security interest' is normal in the circumstances, but is entirely incidental to the principal consumer credit transaction. . . ." "to disclose this 'security interest' on the face of the contract (which is the point here) is merely to add virtually inconsequential information -- lengthening, complicating and trivializing the disclosure for no apparent benefit." 617 f.2d at 1293. [ footnote 9 .....

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Feb 24 1981 (FN)

Board of Governors, Frs Vs. Investment Co. Inst.

Court : US Supreme Court

Decided on : Feb-24-1981

..... an investment company means (a) any person (other than a bona fide officer, director, trustee, member of an advisory board, or employee of such company, as such) who pursuant to contract with such company regularly furnishes advice to such company with respect to the desirability of investing in, purchasing or selling securities or other property, or is empowered to determine what ..... securities or other property shall be purchased or sold by such company, and (b) any other person who pursuant to contract with a person described in clause (a) of this paragraph regularly performs substantially all of the duties undertaken by such person described in said clause (a); but does not include ..... in what we commonly understand to be the securities business. there are some specific exceptions, of course, but i can assure you that we did not mean to enlarge or contract them here. we regarded that general prohibition as being so clearly applicable to the subjects of this bill as to make a restatement of it unnecessary. the provision to which .....

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