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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1979 Page 1 of about 85 results (0.051 seconds)

Feb 27 1979 (FN)

Group Life and Health Ins. Co. Vs. Royal Drug Co., Inc.

Court : US Supreme Court

Decided on : Feb-27-1979

..... therefore, was somewhat similar to the pharmacy agreements in this case. the court in group health held that this type of arrangement was not insurance: "whether the contract is one of insurance or of indemnity, there must be a risk of loss to which one party may be subjected by contingent or future events and an assumption of it by legally binding ..... act. see joint hearing before the subcommittees of the committees on the judiciary on s. 1362 et al., 78th cong., 1st sess. (1943). since fire insurers paid their policyholders cash indemnities, these companies had no reason to contract with third parties for the provision of goods or services. that fact fully explains the absence of discussion of such ..... with premiums. respondents argue that this fiscal reliability problem could be solved by placing a dollar limit. on benefits. but such a plan would be almost indistinguishable from a cash indemnity policy. it would not be the "full service regardless of price" plan for which the policyholders bargained. [ footnote 2/20 ] the pharmacy agreements are thus "other activities of insurance ..... a contrary view prevailed at that time. [ footnote 2/5 ] fortunately, logic and history yield the same result. it is true that the first health insurance policies provided only cash indemnities. however, although policies that specifically provided drug benefits were not available during the 1930's and 1940's, analogous policies providing hospital and medical services -- rather than cash -- were available .....

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Jun 27 1979 (FN)

Edmonds Vs. Compagnie Generale Transatlantique

Court : US Supreme Court

Decided on : Jun-27-1979

..... ). these decisions had created a form of circuitous liability whereby the longshoreman, under seas shipping, sued the shipowner under a theory of unseaworthiness; the shipowner, under ryan stevedoring, obtained full indemnity from the stevedore; and the stevedore ended up paying actual damages, rather than statutory compensation. congress overruled the strict liability theory of seas shipping to ensure that "[t]he vessel ..... a party, and cannot be made a party here, so the reliable transfer contribution shortcut is inapplicable. contribution remedies the unjust enrichment of the concurrent tortfeasor, see leflar, contribution and indemnity between tortfeasors, 81 u.pa.l.rev. 130, 136 (1932), and, while it may sometimes limit the ultimate loss of the tortfeasor chosen by the plaintiff, it does not justify ..... . caputo, 432 u.s. at 432 u. s. 279 . [ footnote 28 ] "it is the committee's intention to prohibit such recovery under any theory including, without limitation, theories based on contract or tort." s.rep. 11; see pope & talbot, inc. v. hawn, 346 u.s. at 346 u. s. 412 ("reduction of [the shipowner's] liability at the expense of [the ..... . s. 85 , 328 u. s. 94 (1946), which amounted to liability without fault for most on-board injuries. [ footnote 10 ] however, we went on to hold, as a matter of contract page 443 u. s. 262 law, that the shipowner could obtain from the stevedore an express or implied warranty of workmanlike service that might result in indemnification of the shipowner .....

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May 14 1979 (FN)

Cannon Vs. University of Chicago

Court : US Supreme Court

Decided on : May-14-1979

..... [had] come . . . to declare a broad principle that is right and necessary, and to make it effective for every federal program involving financial assistance by grant, loan or contract. [ footnote 2/6 ]" far from conferring new private authority to enforce the federal policy of nondiscrimination, title vi contemplated agency action to be the principal mechanism for achieving this end ..... the ground of race, color, religion, or national origin or are denied participation or benefits therein on the ground of race, color, religion, or national origin. all contracts made in connection with any such program or activity shall contain such conditions as the president may prescribe for the purpose of assuring that there shall be no discrimination in ..... the contrary in any law of the united states providing or authorizing direct or indirect financial assistance for or in connection with any program or activity by way of grant, contract, loan, insurance, guaranty, or otherwise, no such law shall be interpreted as requiring that such financial assistance shall be furnished in circumstances under which individuals participating in ..... , provides: "each federal department and agency which is empowered to extend federal financial assistance to any education 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 1681 of this title with respect to such program or activity by issuing rules, .....

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Nov 28 1979 (FN)

Board of Educ. of City Sch. Dist. Vs. Harris

Court : US Supreme Court

Decided on : Nov-28-1979

board of educ. of city sch. dist. v. harris - 444 u.s. 130 (1979) u.s. supreme court board of educ. of city sch. dist. v. harris, 444 u.s. 130 (1979) board of education of the city of school district of new york no. 78-873 argued october 9, 10 1979 decided november 28, 1979 444 u.s. 130 certiorari to the united states court of appeals for the second circuit syllabus section 702(b) of the emergency school aid act (esaa or act) states that the act's purpose is to provide federal financial assistance "to meet the special needs incident to the elimination of minority group segregation and discrimination among students and faculty in elementary and secondary schools," to encourage "the voluntary elimination, reduction, or prevention of minority group isolation" in such schools, and to aid schoolchildren "in overcoming the educational disadvantages of minority group isolation." section 703 pronounces as federal policy that guidelines and criteria established pursuant to the act should "be applied uniformly in all regions of the united states." and 706(d)(1)(b) declares an educational agency ineligible for assistance if, after the date of the act, it had in effect any practice "which results in the disproportionate demotion or dismissal of instructional or other personnel from minority groups" or "otherwise engage[s] in discrimination . . . in the hiring, promotion, or assignment of employees." petitioner board of education's applications for esaa assistance were denied by the .....

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Nov 13 1979 (FN)

Transamerica Mtg. Advisors, Inc. Vs. Lewis

Court : US Supreme Court

Decided on : Nov-13-1979

..... join, dissenting. the court today holds that private rights of action under the investment advisers act of 1940 (act) are limited to actions for rescission of investment advisers contracts. in reaching this decision, the court departs from established principles governing the implication of private rights of action by confusing the inquiry into the existence of a right of ..... fraud or deceit upon any client or prospective client," or to engage in specified transactions with clients without making required disclosures. [ footnote 6 ] the second is 215, which provides that contracts whose formation or performance would page 444 u. s. 17 violate the act "shall be void . . . as regards the rights of" the violator and knowing successors in interest ..... opportunities for the benefit page 444 u. s. 14 of other companies affiliated with transamerica. the complaint sought injunctive relief to restrain further performance of the advisory contract, rescission of the contract, restitution of fees and other considerations paid by the trust, an accounting of illegal profits, and an award of damages. the trial court ruled that the investment ..... of various frauds and breaches of fiduciary duty in violation of the investment advisers act of 1940 (act). the complaint sought injunctive relief, rescission of the investment advisers contract between the trust and the adviser, restitution of fees and other considerations paid by the trust, an accounting of illegal profits, and an award of damages. the district .....

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Jun 27 1979 (FN)

Steelworkers Vs. Weber

Court : US Supreme Court

Decided on : Jun-27-1979

..... 11375, 3 cfr 684 (1966-1970 comp.), and by exec.order no. 12086, 3 cfr 230 (1979). executive order no. 11246, as amended, requires all applicants for federal contracts to refrain from employment discrimination and to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion ..... discriminatory admission quota bear no relationship to the facts of this case. kaiser and the steelworkers acted under pressure from an agency of the federal government, the office of federal contract compliance, which found that minorities were being "underutilized" at kaiser's plants. see n 2, supra. that is, kaiser's workforce was racially imbalanced. bowing to that pressure ..... available in the gramercy area, and, as a consequence, kaiser's craft positions were manned almost exclusively by whites. in february, 1974, under pressure from the office of federal contract compliance to increase minority representation in craft positions page 443 u. s. 223 at its various plants, [ footnote 2/2 ] and hoping to deter the filing of employment ..... ). the parties dispute the extent to which black craftsmen were available in the local labor market. they agree, however, that after critical reviews from the office of federal contract compliance, kaiser and the steelworkers established the training program in question here and modeled it along the lines of a title vii consent decree later entered for the steel industry .....

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May 14 1979 (FN)

Chapman Vs. Houston Welfare Rights Organization

Court : US Supreme Court

Decided on : May-14-1979

..... co., 176 u. s. 68 , 176 u. s. 72 (1900), the court held that a claim alleging that a tax on federal patent rights violated the contracts, due process, and equal protection clauses was not encompassed by rev.stat. 1979 and 629(16), or 563(12), because those provisions dealt only with "civil rights" ..... stat. 113; revision of statutes act of 1866, 1, 14 stat. 74. [ footnote 3/15 ] the former guaranteed to all persons "the same right" to contract, to sue, etc., "as is enjoyed by white citizens," and to be subject to like penalties and taxes. this provision, with minor word changes, is now 42 ..... the civil rights act of 1866, 14 stat. 27. section 1 of that act secured to all persons, with respect to specified rights, such as the right to contract, "the same right . . . as is enjoyed by white citizens." under 2 of the 1866 act, deprivation of these rights under color of state law was a ..... civil rights act of 1866, 14 stat. 27. section 1 of the act guaranteed all citizens of the united states "the same right . . . to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property . . . as is enjoyed by white citizens ..... its first section declared all persons born in the united states to be citizens, and provided that all citizens should have the same rights to make and enforce contracts, to sue, to purchase, lease, sell, or hold property, and to full and equal benefit of all laws as is enjoyed by white citizens. the .....

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Apr 17 1979 (FN)

Gladstone, Realtors Vs. Village of Bellwood

Court : US Supreme Court

Decided on : Apr-17-1979

gladstone, realtors v. village of bellwood - 441 u.s. 91 (1979) u.s. supreme court gladstone, realtors v. village of bellwood, 441 u.s. 91 (1979) gladstone, realtors v. village of bellwood no. 77-1493 argued november 29, 1978 decided april 17, 1979 441 u.s. 91 certiorari to the united states court of appeals for the seventh circuit syllabus section 812 of the fair housing act of 1968 (act) provides that the rights granted by 804 against racial discrimination in the sales or rental of housing "may be enforced by civil actions in appropriate united states district courts." respondents (the village of bellwood, one negro and four white residents of bellwood, and one negro resident of a neighboring municipality) brought separate actions in district court under 812 against petitioners (two real estate brokerage firms and certain of their employees), alleging that they had violated 804 by "steering" prospective negro homeowners toward a specified 12- by 13-block integrated area ("target" area) of bellwood and by steering white customers away from the "target" area. it was further alleged that bellwood had been injured by having its housing market wrongfully manipulated to the economic and social detriment of its citizens, and that the individual respondents had been denied their right to select housing without regard to race, and had been deprived of the social and professional benefits of living in an integrated society. monetary, injunctive, and declaratory relief was sought. .....

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Mar 21 1979 (FN)

New York Tel. Co. Vs. New York Dept. of Labor

Court : US Supreme Court

Decided on : Mar-21-1979

..... of economic weapons that may be used as part of collective bargaining, it would be in a position to exercise considerable influence upon the substantive terms on which the parties contract. . . . our labor policy is not presently erected on a foundation of government control of the results of negotiations. . . . nor does it contain a charter for the [board] to act ..... relations comm'n, 427 u. s. 132 , 427 u. s. 134 -135, 427 u. s. 140 -148 (1976). [ footnote 2/2 ] the tension between the value of freedom of contract and the legal ordering of the collective bargaining relationship is discussed in h. wellington, labor and the legal process, ch. 2 (1968). [ footnote 2/3 ] see nlra 8(d), 29 ..... welfare assistance for striking workers in new jersey pervades every work stoppage, affects every existing collective bargaining agreement, and is a factor lurking in the background of every incipient labor contract. the question, of course, is whether congress, explicitly or implicitly, has ruled out such assistance in its calculus of laws regulating labor-management disputes." see also ohio bureau of ..... unemployment compensation to strikers. communication workers of america, afl-cio (cwa), represents about 70% of the nonmanagement employees of companies affiliated with the bell telephone co. in june, 1971, when contract negotiations had reached an impasse, cwa recommended a nationwide strike. the strike commenced on july 14, 1971, and, for most workers, lasted only a week. in new york, however, .....

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Jul 02 1979 (FN)

Columbus Bd. of Educ. Vs. Penick

Court : US Supreme Court

Decided on : Jul-02-1979

columbus bd. of educ. v. penick - 443 u.s. 449 (1979) u.s. supreme court columbus bd. of educ. v. penick, 443 u.s. 449 (1979) columbus bd. of educ. v. penick no. 78-610 argued april 24, 1979 decided july 2, 1979 443 u.s. 449 certiorari to the united states court of appeals for the sixth circuit syllabus this class action was brought in 1973 by students in the columbus, ohio, school system, charging that the columbus board of education (board) and its officials had pursued and were pursuing a course of conduct having the purpose and effect of causing and perpetuating racial segregation in the public schools, contrary to the fourteenth amendment. the case was ultimately tried in april-june, 1976, final arguments were heard in september, 1976, and in march, 1977, the district court filed an opinion and order containing its findings of fact and conclusions of law. it found (1) that in 1954, when brown v. board of education, 347 u. s. 483 ( brown i ), was decided, the board was not operating a racially neutral unitary school system, but was conducting "an enclave of separate, black schools on the near east side of columbus," and that this was "the direct result of cognitive acts or omissions of those school board members and administrators who had originally intentionally caused and later perpetuated the racial isolation"; (2) that, since the decision in brown v. board of education, 349 u. s. 294 ( brown ii ), the board had been under a continuous constitutional obligation to .....

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