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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1989 Page 1 of about 84 results (0.137 seconds)

Jun 15 1989 (FN)

Colonial Amer. Life Ins. Vs. Commissioner

Court : US Supreme Court

Decided on : Jun-15-1989

..... of the court. the arcane but financially important question before us is whether ceding commissions paid by a reinsurance company to a direct insurer under a contract for indemnity reinsurance are fully deductible in the year tendered, or instead must be amortized over the anticipated life of the reinsurance agreements. i this case involves the ..... reinsurance ceded shall be included in return premiums." thus, to compress petitioner's labyrinthine statutory argument, petitioner should prevail in this case if ceding commissions for indemnity reinsurance are fairly encompassed in either the statutory term "premiums and other consideration arising out of reinsurance ceded" or the regulatory definition "consideration returned to another ..... income] "). our agreement with respondent as to the character of ceding commissions therefore resolves this case, absent some specific statutory provision indicating that ceding commissions for indemnity insurance are an exception to the general rule for which congress has authorized current deduction. petitioner offers three possible sources in subchapter l of such a specific ..... reinsurance agreement, the reinsurer steps into the ceding company's shoes, becoming directly liable to the policyholders and receiving all premiums directly. in contrast, under an indemnity reinsurance agreement, the reinsurer assumes no direct liability, instead reimbursing the ceding company for a specified percentage of the claims and expenses attributable to the risks that .....

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Mar 06 1989 (FN)

Volt Inf. Sciences Vs. Stanford Univ.

Court : US Supreme Court

Decided on : Mar-06-1989

..... for arbitration. stanford responded by filing an action against volt page 489 u. s. 471 in california superior court, alleging fraud and breach of contract; in the same action, stanford also sought indemnity from two other companies involved in the construction project, with whom it did not have arbitration agreements. volt petitioned the superior court to compel arbitration ..... made a formal demand for arbitration. in response, appellee filed an action against appellant in the california superior court alleging fraud and breach of contract; in the same action, appellee sought indemnity from two other parties involved in the construction project, with whom it did not have arbitration agreements. the trial court denied appellant's motion to compel ..... decisions of state courts that effectively nullify a vital piece of federal legislation. i respectfully. dissent. [ footnote 2/1 ] american institute of architects document a201, general conditions of the contract for construction 7.1.1 (1976). see app. 40. [ footnote 2/2 ] the california court of appeal correctly assumed that the faa, were it applicable, would preempt ..... . as indicated, the faa itself contains no provision designed to deal with the special practical problems that arise in multiparty contractual disputes when some or all of the contracts at issue include agreements to arbitrate. california has taken the lead in fashioning a legislative response to this problem, by giving courts authority to consolidate or stay arbitration .....

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Jun 05 1989 (FN)

Hernandez Vs. Commissioner

Court : US Supreme Court

Decided on : Jun-05-1989

..... donor -- has similar overtones of exchange. according to some catholic theologians, the nature of the pact between a priest and a donor who pays a mass stipend is "a bilateral contract known as do ut facias. one person agrees to give while the other party agrees to do something in return." 13 new catholic encyclopedia, mass stipend, p. 715 (1967). a ..... ." "1. processing may never be given away by an org. processing is too expensive to deliver." " * * * *" "9. only fully contracted staff is awarded free service, and this is done by invoice and legal note which becomes due and payable if the contract is broken." 83 t.c. at 577-578, n. 5. [ footnote 10 ] petitioners have not argued here that their payments .....

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Jun 15 1989 (FN)

Patterson Vs. Mclean Credit Union

Court : US Supreme Court

Decided on : Jun-15-1989

..... claim. indeed, it is precisely harassment so pervasive as to create a discriminatory work environment that will demonstrate that a black plaintiff has been denied an opportunity to contract on equal terms with white employees. [ footnote 2/18 ] the court of appeals mistakenly held that the instruction requiring petitioner to prove her superior qualifications was ..... employee makes a 1981 claim alleging racial harassment should be whether the acts constituting harassment were sufficiently severe or pervasive as effectively to belie any claim that the contract was entered into in a racially neutral manner. where a black employee demonstrates that she has worked in conditions substantially different from those enjoyed by similarly situated ..... the court reaches a contrary conclusion by conducting an ahistorical analysis that ignores the circumstances and legislative history of 1981. the court reasons that title vii or modern state contract law "more naturally govern[s]" harassment actions, ante at 491 u. s. 177 -- nowhere acknowledging the anachronism attendant upon the implication that the reconstruction congress would ..... 1981 action," id. at 1145 (citation omitted), racial harassment itself is not cognizable under 1981 because "racial harassment does not abridge the right to make' and `enforce' contracts," id. at 1146. on the jury instruction issue, the court held that, once respondent had advanced superior qualification as a legitimate nondiscriminatory reason for its promotion decision, .....

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Apr 18 1989 (FN)

Chan Vs. Korean Air Lines, Ltd.

Court : US Supreme Court

Decided on : Apr-18-1989

..... liability set forth by the present convention." "the absence, irregularity, or loss of this document of carriage shall not prejudice either the existence or the validity of the contract of carriage." "if, for international carriage, the carrier accepts the traveler without having drawn up a passenger ticket, or if the ticket does not contain the particulars ..... usually be obtained by purchasing insurance from a private company. such insurance is not affected by any limitation of the carrier's liability under the warsaw convention or such special contracts of carriage. for further information, please consult your airline or insurance company representative." " [*] either alternative may be used." [ footnote 1 ] aeronautical statutes and related materials ..... relating to liability established by this convention." "(2) the absence, irregularity, or loss of the passenger ticket shall not affect the existence or the validity of the contract of transportation, which shall nonetheless be subject to the rules of this convention. nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered, he ..... sentence of article 3(2), which specifies that "[t]he . . . irregularity . . . of the . . . ticket shall not affect the existence or the validity of the [transportation] contract." such an interpretation of the text would also entail the unlikely result that even a minor defect in a ticket, totally unrelated to adequate notice, would eliminate the liability limitation .....

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Jun 21 1989 (FN)

Public Citizen Vs. Department of Justice

Court : US Supreme Court

Decided on : Jun-21-1989

..... were taken to prove that it could not "be believed that a congress of the united states intended to make it a misdemeanor for a church of this country to contract for the services of a christian minister residing in another nation." id. at 143 u. s. 471 . i should think the potential of this doctrine to allow judges to substitute ..... u.s. at 143 u. s. 458 . the church of the holy trinity entered into a contract with an alien residing in england to come to the united states to serve as the director and pastor of the church. notwithstanding the fact that this agreement fell within ..... whatsoever, to prepay the transportation, or in any way assist or encourage the importation or migration of any alien or aliens, any foreigner or foreigners, into the united states . . . under contract or agreement . . . made previous to the importation or migration of such alien or aliens, foreigner or foreigners, to perform labor or service of any kind in the united states." 143 ..... that the phrase "established or organized" was to be understood in its "most liberal sense, so that, when an officer brings together a group by formal or informal means, by contract or other arrangement, and whether or not federal money is expended, to obtain advice and information, such group is covered by the provisions of this bill." s.rep. no. 92 .....

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Apr 25 1989 (FN)

Cotton Petroleum Corp. Vs. New Mexico

Court : US Supreme Court

Decided on : Apr-25-1989

..... the greatest relevance here, see n 2, supra ), express congressional authorization was required not only for direct taxes on indians (or other "sovereigns"), but also for taxes on those who contracted with indians. see, e.g., gillespie v. oklahoma, 257 u. s. 501 (1922) (applying intergovernmental immunity doctrine to a tax on the net income of the non-indian holder of ..... be to return to the pre-1937 doctrine of intergovernmental tax immunity. [ footnote 18 ] any adverse effect on the tribe's finances caused by the taxation of a private party contracting with the tribe would be ground to strike the state tax. absent more explicit guidance from congress, we decline to return to this long-discarded and thoroughly repudiated doctrine. iv ..... government rejected, the government contract immunities recognized under prior doctrine were, one by one, eliminated." south carolina v. baker, supra, at 485 u. s. 522 . specifically, in helvering v. mountain producers corp., 303 u. s. ..... in that direction, rejecting the view that a nondiscriminatory state tax on a page 490 u. s. 175 private party contracting with the government is invalid because the economic burden of the tax may fall on the government. see james v. dravo contracting co., 302 u. s. 134 (1937). "with the rationale for conferring a tax immunity on parties dealing with another .....

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1989

Breininger Vs. SMW Int'l

Court : US Supreme Court

Decided on : Jan-01-1989

..... negotiation and administration of a collective bargaining contract is accompanied by a responsibility of equal scope, the responsibility and duty of fair representation." humphrey v. moore, 375 u. s. 335 , 375 u. s. 342 (1964) ..... function of job referral resembles a task that an employer might perform is of no consequence. the key is that the union is administering a provision of the contract, something that we have always held is subject to the duty of fair representation. "the undoubted broad authority of the union as exclusive bargaining agent in the ..... breached the collective bargaining agreement constitutes a misstatement of existing law. although vaca recognized the desirability of having the same entity adjudicate a joint fair representation/breach of contract action, it in no way implied that a fair representation action requires a concomitant claim against the employer. independent federal court jurisdiction exists over fair representation claims because ..... fair representation. also distinguished are the court's decisions holding that state court hiring hall suits are preempted by nlrb jurisdiction, since state law claims frequently involve tort, contract, and other substantive areas of law that have developed independently of federal labor law, whereas the duty of fair representation has "judicially evolved" as part of federal labor .....

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Jun 23 1989 (FN)

Granfinanciera, S.A. Vs. Nordberg

Court : US Supreme Court

Decided on : Jun-23-1989

..... may designate as a "core proceeding," if the designation has an impact on constitutional rights. congress, for example, could not designate as "core bankruptcy proceedings" state law contract actions brought by debtors against third parties. otherwise, northern pipeline would be rendered a nullity. in this case, however, congress has not exceeded these limits. although causes of ..... ), "constitute no part of the proceedings in bankruptcy, but concern controversies arising out of it" -- are quintessentially suits at common law that more nearly resemble state law contract claims brought by a bankrupt corporation to augment the bankruptcy estate than they do creditors' hierarchically ordered claims to a pro rata share of the bankruptcy res. see gibson ..... debtor-creditor relations in bankruptcy "may well be a public right.'" [ footnote 11 ] but the plurality also emphasized that state law causes of action for breach of contract or warranty are paradigmatic private rights, even when asserted by an insolvent corporation in the midst of chapter 11 reorganization proceedings. the plurality further said that "matters from ..... , noted that the restructuring of debtor-creditor relations in bankruptcy may well be a "public right," it also emphasized that state law causes of action for breach of contract are paradigmatic private rights, even when asserted by an insolvent corporation in the midst of chapter 11 reorganization proceedings. trustees' fraudulent conveyance actions page 492 u. s. 35 .....

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Jun 22 1989 (FN)

Jett Vs. Dallas Indep. Sch. Dist.

Court : US Supreme Court

Decided on : Jun-22-1989

..... in damages against respondent under 1981. jett belongs to the special class of persons (those who have been discriminated against in the making of contracts) for whom the statute was created; all of the indicators of legislative intent point in the direction of an implied cause of action; such ..... means to carry into effect the duties of the national government." to hold a local government body liable for the discriminatory cancellation of a contract entered into by that local body itself, however, is a very different matter. even assuming that the 39th congress had the same constitutional concerns ..... therefore is significant: "all persons within the jurisdiction of the united states shall have the same right in every state and territory to make and enforce contracts . . . as is enjoyed by white citizens." 42 u.s.c. 1981. certainly nothing in this wording refutes the argument that vicarious liability ..... involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall have 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, and to the ..... that at no stage in the proceedings has the school district raised the contention that the substantive scope of the "right . . . to make . . . contracts" protected by 1981 does not reach the injury suffered by petitioner here. see patterson v. mclean credit union, ante at 491 u. s. 176 -177. instead .....

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