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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1981 Page 1 of about 95 results (0.059 seconds)

Jan 13 1981 (FN)

Allstate Ins. Co. Vs. Hague

Court : US Supreme Court

Decided on : Jan-13-1981

..... that this particular accident did not occur in minnesota does not undercut the expectations formed by the parties at the time of contracting. in hartford accident & indemnity co. v. delta & pine land co., supra, the court struck down a state court's choice of forum law despite the fact ..... although unarticulated, factor in watson was the fact that the litigant urging that forum law be applied was not a party to the insurance contract. while contracting parties may be able to provide in advance that a particular rule of law will govern disputes between them, their expectations are clearly entitled ..... a l-year limitations period for claims arising thereunder. id. at 281 u. s. 403 . similarly, the insurance policy at issue in hartford accident & indemnity co. v. delta & pine land co., supra at 292 u. s. 146 , also prescribed a specific limitations period. while such express provisions are obviously ..... be determined by the law of another state. the question on the merits is one of interpreting the meaning of the insurance contract. neither the contract itself nor anything else in the record reflects any express understanding of the parties with respect to what law would be applied or ..... that the insurance contract's coverage was not limited by state boundaries. while hartford accident may indeed have "scant relevance for today," ante at 449 .....

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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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Apr 21 1981 (FN)

ScIndia Steam Nav. Co., Ltd. Vs. Santos

Court : US Supreme Court

Decided on : Apr-21-1981

..... justices frankfurter and whittaker, dissented, being of the view that the ship was not unseaworthy, and that, if it was, the ship was not entitled to indemnity if the stevedore merely brought into play the unseaworthy condition of the ship's own equipment. crumady was reaffirmed in waterman s.s. co. v. dugan ..... stevedore; (3) the shipowner has a duty to inspect the equipment turned over to the stevedore or to supervise the stevedore if a custom, contract provision, law or regulation creates either of those duties; and (4) if the shipowner has actual knowledge that equipment in the control of the ..... vessel that the stevedore would perform with reasonable competence and see to the safety of the cargo operations. we are of the view that, absent contract provision, positive law, or custom to the contrary -- none of which has been cited to us in this case -- the shipowner has no ..... . not only did the agreement between the shipowner place control of the operations on the stevedore company, but oregon was also charged under the contract with the supervision of these operations. although none of these factors affect the shipowner's primary liability to the injured employee of oregon, since ..... exercise of reasonable care, he is liable if his negligence causes injury to a longshoreman. but once the stevedore's cargo operations have begun, absent contract provision, positive law, or custom to the contrary, the shipowner has no general duty under 905(b) by way of supervision or inspection to .....

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Mar 26 1981 (SC)

United Commercial Bank Vs. Bank of India and ors.

Court : Supreme Court of India

Decided on : Mar-26-1981

Reported in : AIR1981SC1426; (1981)83BOMLR379; 1981(1)SCALE548; (1981)2SCC766; [1981]3SCR300; 1981(13)LC653(SC)

..... the issuing bank from recalling the amount paid under reserve from the negotiating bank, acting on behalf of the beneficiary against a document of guarantee/indemnity at the instance of the beneficiary another question also arises as to whether the court should not in a matter like this, depart from its ..... duty was not to go out and determine by physical examination of the consignments, or employment of experts, whether the goods actually conformed to the contracts between the buyer and the seller, nor even determine either from its own or expert advice whether the documents called for the goods which the ..... parties concerned deal in documents and not in goods.35. the authorities are uniform to the effect that a letter of credit constitutes the sole contract with the banker, and the bank issuing the letter of credit has no concern with any question that may arise between the seller and the ..... that it will pay his drafts if drawn in compliance with the terms of the letter of credit'. banks are not concerned with the sales contract or the goods ; if it were otherwise credit business would be impossible.34. banker's commercial credits are almost without exception everywhere made subject to ..... to bring out the point of law involved.3. the respondent no. 2, messrs godrej soaps limited, hereinafter referred to as 'the plaintiffs', by a contract dated february 2, 1978 agreed to supply to the respondent no. 3, the bihar state food and civil supplies corporation limited, hereinafter referred to as .....

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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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Jul 02 1981 (FN)

Commonwealth Edison Co. Vs. Montana

Court : US Supreme Court

Decided on : Jul-02-1981

..... oral arg. 17-18. [ footnote 2/8 ] in addition to the severance tax on coal, montana imposes a gross proceeds tax, mont.code ann. 15-6-132 (1979), a resource indemnity trust tax, 15-38-104, a property tax on mining equipment, 15-6-138(b), and a corporation license tax, 15-31-101. see krutilla at 50-54. furthermore, all ..... taxation, see n. 4, supra, was directed by the montana legislature "to investigate the feasibility and value of multi-state taxation of coal with the dakotas and wyoming, and to contract and cooperate joining with these other states to achieve that end. . . ." house resolution no. 45, 1974 mont.laws, p. 1620. the subcommittee recommended that the executive pursue this goal. ..... the revenues, the reclamation fund receives 40%, and the united states treasury the remaining 10%. 30 u.s.c. 191. [ footnote 20 ] indeed, appellants alleged in their complaints that the contracts between appellant coal producers and appellant utility companies require the utility companies to reimburse the coal produces for their severance tax payments, and that the ultimate incidence of the tax ..... private persons and corporations, to levy and collect taxes as though the government were not concerned. . . . " " * * * *" "we think the proviso plainly discloses the intention of congress that persons and corporations contracting with the united states under the act should not, for that reason, be exempt from any form of state taxation otherwise page 453 u. s. 632 lawful. " mid-northern oil .....

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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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