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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1978 Page 1 of about 81 results (0.073 seconds)

1978

LEE HY PAViNG CORP. Vs. O'CONNOR

Court : US Supreme Court

Decided on : Jan-01-1978

..... question whether the due process clause permits a tort plaintiff to obtain jurisdiction in new york over a defendant whose sole contact with the state arises from the defendant's contract for indemnity with a company that does business in new york. [ footnote 1 ] the case presents an issue of considerable importance, with troublesome ramifications in the spacious arena of personal injury .....

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Jun 26 1978 (FN)

Duke Power Co. Vs. Carolina Env. Study Group

Court : US Supreme Court

Decided on : Jun-26-1978

..... until about 1977-1978. thus, there is uncertainty as to whether these plants would receive protection in the form of government indemnity. reactor manufacturers and architect-engineers are already requiring escape clauses in their contracts to permit cancellation in the event some form of protection from unlimited potential liability is not provided. action is required soon ..... bankruptcy or reorganization, recovery would likely be further reduced and delayed. see joint committee on atomic energy, issues of financial protection in nuclear activities in selected materials on atomic energy indemnity and insurance legislation, 93d cong., 2d sess., 110 (comm.print 1974). [ footnote 37 ] see prosser, supra, n 34, at 520-521. [ footnote 38 ] ..... suits, is constitutionally mandated, or is instead simply a prudential limitation. [ footnote 26 ] mr. justice rehnquist undertakes to sever the action of the nrc in executing indemnity agreements under the act from the act's alleged constitutional infirmities -- particularly the liability limitation provisions. careful examination of the statutory mechanism indicates that such a separation simply ..... the potential liability dwarfed the ability of the industry and private insurance companies to absorb the risk. see hearings before the joint committee on atomic energy on government indemnity for private licensees and aec contractors against reactor hazards, 84th cong., 2d sess., 122-124 (1956). thus, while repeatedly stressing that the risk of a major .....

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Feb 22 1978 (FN)

J. W. Bateson Co., Inc. Vs. Board of Trustees

Court : US Supreme Court

Decided on : Feb-22-1978

..... from this omission. if the bond is held to cover claims against remote subcontractors, proximate subcontractors will no doubt be required to indemnify the general contractor. in return for the indemnity, these subcontractors will no doubt demand that the general contractor promptly transmit any statutory notice he receives. [ footnote 2/15 ] "a sub-subcontractor may avail himself of the ..... even require a bond from each subcontractor. in fact, because the general contractor is liable, even under the court's view, for claims against subcontractors in the first tier, indemnity agreements between general contractors and their subcontractors are common today. one was required in the present case. ante at 434 u. s. 593 n. 7. my reading of the ..... contractor or his surety, while having initial responsibility for payment of the claimant, would probably in turn either withhold that amount from, or file a claim against, a bond or indemnity furnished by, the intermediate subcontractor. (here, for example, it appears that pierce had agreed to indemnify bateson against such losses. brief for petitioners 18 n. 15.) hence, notice ..... the assumption that colquitt's employees would not be covered by the payment bond. bateson required an indemnity agreement from pierce, brief for petitioners 18 n. 15, doubtless in part to protect bateson from claims against the payment bond made by those contracting with pierce. but pierce did not require a similar agreement from colquitt, ibid., presumably because pierce .....

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Apr 27 1978 (SC)

Nagu Reddiar and ors. Etc. Vs. Banu Reddiar and ors. Etc.

Court : Supreme Court of India

Decided on : Apr-27-1978

Reported in : AIR1978SC1174a; (1978)2SCC591a; [1978]3SCR770; 1978(10)LC387(SC)

1. these two appeals are by certificates granted by the high court of madras against a common judgment in a.s. no. 114 and a.s. no. 194 of 1958.2. these appeals arise out of a suit filed by the plaintiffs in the court of the subordinate judge, tiruchirapalli in o.s. no. 152 of 1955 under section 92 of the cpc for removing one nagu reddiar, the first defendant, from the trusteeship of the suit charities and for framing a scheme for the said charities. the trial court found that the two charities in question were public trusts and comprised all the alienated properties except item 7 of plaint-a schedule of the trust properties. the trial court found that b-schedule properties were bequeathed for performance of puja in the samadhi and for feeding the agathies and paradesies in the matam and that the samadhi could not be separated from the matam and therefore the dedication of the schedule properties in favour of the matam and samadhikoil is invalid in law. the court ordered the removal of the defendant from the office of the trusteeship and directed him to render accounts and ordered the framing of a scheme for plaint a schedule properties except item 7 which was found to be not a trust property. aggrieved by the judgment both the plaintiffs and the defendants preferred appeals to the high court of madras, the appeal by the defendants being a.s. no. 114 of 1958 and by the plaintiffs a.s. no. 194 of 1958. the high court disposed of both the appeals by a common judgment dismissing .....

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Jul 03 1978 (FN)

California Vs. United States

Court : US Supreme Court

Decided on : Jul-03-1978

..... -125, p. 21. [ footnote 2/5 ] this court unanimously reversed the judgment of the california supreme court. it first ruled: "[t]he authority to impose the conditions of the contracts here comes from the power of the congress to condition the use of federal funds, works, and projects on compliance with reasonable requirements. and . . . if the enforcement of those conditions ..... water rights needed to perform the contracts page 438 u. s. 684 could not be acquired by the united states; this was an untenable position, the attorney general contended, because "never before has it been held ..... the united states were, by virtue of 8, subject to the normal trust obligations to water users that were imposed by state law, and that were inconsistent with the proposed contract provisions. [ footnote 2/4 ] as described by the attorney general of california, who represented the state water districts in this court, the california supreme court reasoned that the ..... the government in the irrigation works. . . . the government was and remained simply a carrier and distributor of the water . . . , with the right to receive the sums stipulated in the contracts as reimbursement for the cost of construction and annual charges for operation and maintenance of the works." " * * * *" "we have, then, a direction by congress to the secretary of the interior .....

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Jun 28 1978 (FN)

Regents of Univ. of California Vs. Bakke

Court : US Supreme Court

Decided on : Jun-28-1978

..... passed black codes, similar to the slave codes, which, among other things, limited the rights of negroes to own or rent property and permitted imprisonment for breach of employment contracts. over the next several decades, the south managed to disenfranchise the negroes in spite of the fifteenth amendment by various techniques, including poll taxes, deliberately complicated balloting processes, ..... mr. justice stewart's concurring opinion, which observed that standing was not being contested, was that the standing alleged by petitioners was as third-party beneficiaries of the funding contract between the department of health, education, and welfare and the san francisco united school district, a theory not alleged by the present respondent. id. at 414 u. s ..... a single comprehensive provision making it clear that the federal government is not required, under any statute, to furnish any kind of financial assistance -- by way of grant, loan, contract, guaranty, insurance, or otherwise -- to any program or activity in which racial discrimination occurs. this would not permit the federal government to cut off all federal aid of ..... as follows: "each federal department and agency which is empowered to extend federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 2000d of this title with respect to such program or activity by issuing rules, .....

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Jun 12 1978 (FN)

National Broiler Marketing Assn. Vs. United States

Court : US Supreme Court

Decided on : Jun-12-1978

..... changes include the growing integration of production and marketing of agricultural products, the increased control of these functions by large, diversified corporations, and the expanded use of contracting by such corporations to meet their needs. developments such as these weaken the marketing and bargaining position of individual producers. " hearings on s. 109 before a ..... handlers" from interfering with the "producers'" right "to join together voluntarily in cooperative organizations as authorized by law." 2301. in doing so, congress legislated specifically to protect contract growers from integrated broiler producers. section 4(b) of the act prohibits a "handler" from discriminating against "producers" with respect to any term "of purchase, acquisition ..... the congressional characterizations of farming." post at 436 u. s. 843 . most nbma members are fully integrated, except for the grow-out stage which they contract out. rather than groups of single-function farmers forming a collective jointly to handle, process, and market their agricultural products, these multifunction integrated units stand astride ..... with v. benson & t. witzig, the chicken broiler industry: structure, practices, and costs (dept. of agriculture, economic rep. no. 381, 1977). see generally e. roy, contract farming and economic integration, ch. 4, "broiler chickens" (2d ed.1972); department of agriculture, packers and stockyards administration, the broiler industry: an economic study of structure, practices and .....

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Jun 06 1978 (FN)

Monell Vs. Department of Soc. Svcs.

Court : US Supreme Court

Decided on : Jun-06-1978

..... would not be held liable retroactively for their officers' failure to predict this court's recognition of new constitutional rights. no doubt innumerable municipal insurance policies and indemnity ordinances have been founded on this assumption, which is wholly justifiable under established principles of stare decisis. to obliterate those legitimate expectations without more compelling justifications than ..... also t. cooley, constitutional limitations *483-*484 (1871 ed.). [ footnote 40 ] see cases cited in n 28, supra. since this court granted unquestionably "positive" relief in contract clause cases, it appears that the distinction between the sherman amendment and those cases was not that the former created a positive obligation whereas the latter imposed only a negative ..... that was obligated by state law to keep the peace, but which had not in violation of the fourteenth amendment. representative poland, for example, reasoning from contract clause precedents, indicated that congress could constitutionally confer jurisdiction on the federal courts to entertain suits seeking to hold municipalities page 436 u. s. 680 liable for ..... citing board of comm'rs v. aspinwall, 24 how. 376 (1861), the first of many cases [ footnote 28 ] upholding the power of federal courts to enforce the contract clause against municipalities. [ footnote 29 ] house opponents of the sherman amendment -- whose views are particularly important, since only the house voted down the amendment -- did not dispute .....

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Jun 28 1978 (FN)

Allied Structural Steel Co. Vs. Spannaus

Court : US Supreme Court

Decided on : Jun-28-1978

..... . the severity of an impairment of contractual obligations can be measured by the factors that reflect the high value the framers placed on the protection of private contracts. contracts enable individuals to order their personal and business affairs according to their particular needs and interests. once arranged, those rights and obligations are binding under the law ..... coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; [or] pass any . . . law impairing the obligation of contracts. . . . " -- were targeted directly at this wide variety of debtor relief measures. although the debates in the constitutional convention and the subsequent public discussion of the constitution are not ..... court there acknowledged that, despite the contract clause, the states retain residual authority to enact laws "to safeguard the vital interests of [their] people." id. at 290 u. s. 434 . in upholding ..... the severe economic depression of the early 1930's. in home building & loan assn. v. blaisdell, 290 u. s. 398 , the court upheld against a contract clause attack a mortgage moratorium law that minnesota had enacted to provide relief for homeowners threatened with foreclosure. although the legislation conflicted directly with lenders' contractual foreclosure rights, the .....

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May 15 1978 (FN)

Sears, Roebuck and Co. Vs. Carpenters

Court : US Supreme Court

Decided on : May-15-1978

..... obtain were an employer subjected to recognitional or secondary picketing to seek injunctive relief in state court on the theory that the union was tortiously interfering with his freedom to contract. cf. retail clerks v. j. j. newberry co., 352 u.s. 987, summarily rev'g 78 idaho 85, 298 p.2d 375 (1956). [ footnote 25 ] one of the factors identified ..... 8(b)(2) or protected by 7. but rather than filing an unfair labor practice charge with the labor board, lockridge brought suit in state court on a breach of contract theory. he alleged that the union breached a promise implicit in the union constitution that it would not secure his discharge pursuant to the union security clause in the collective .....

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