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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1990 Page 1 of about 75 results (0.115 seconds)

1990

Fmc Corp. Vs. Holliday

Court : US Supreme Court

Decided on : Jan-01-1990

..... the broader category of state laws that fall within the saving clause only. the act regulates persons in addition to insurance companies, and affects subrogation and indemnity agreements that are not necessarily insurance contracts. yet because it most assuredly is not a law "purporting" to regulate any of the entities described in the deemer clause -- "insurance companies, ..... of benefits," reads: "(a) general rule. -- except for workers' compensation, a policy of insurance issued or delivered pursuant to this subchapter shall be primary. any program, group contract or other arrangement for payment of benefits such as described in section 1711 (relating to required benefits), 1712(1) and (2) (relating to availability of benefits) or 1715 ( ..... claimant's tort recovery with respect to . . . benefits . . . payable under section 1719. [ footnote 1 ]" section 1719 refers to benefit payments by "[a]ny program, group contract or other arrangement." [ footnote 2 ] page 498 u. s. 56 respondent, proceeding in diversity, then sought and received a declaratory judgment in federal district court that 1720 prohibits fmc's ..... district court that 1720 of pennsylvania's motor vehicle financial responsibility law -- which precludes reimbursement from a claimant's tort recovery for benefit payments by a program, group contract, or other arrangement -- prohibits fmc's exercise of subrogation rights. the court of appeals affirmed, holding that the employee retirement income security act of 1974 (erisa), .....

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Jun 25 1990 (FN)

Cruzan Vs. Director, Mdh

Court : US Supreme Court

Decided on : Jun-25-1990

..... of the persistent vegetative state patient, 39 neurology 125 (jan.1989). [ footnote 3/10 ] nancy cruzan, for instance, is totally and permanently disabled. all four of her limbs are severely contracted; her fingernails cut into her wrists. app. to pet. for cert. a93. she is incontinent of bowel and bladder. the most intimate aspects of her existence are exposed to and ..... her grimacing perhaps in recognition of ordinarily painful stimuli, indicating the experience of pain and apparent response to sound; (5) she is a spastic quadriplegic; (6) her four extremities are contracted with irreversible muscular and tendon damage to all extremities; (7) she has no cognitive or reflexive ability to swallow food or water to maintain her daily essential needs and . . . she ..... of wills 19.3-19.5, pp. 61-71 (1960). there is no doubt that statutes requiring wills to be in writing, and statutes of frauds which require that a contract to make a will be in writing, on occasion frustrate the effectuation of the intent of a particular decedent, just as missouri's requirement of proof in this case may ..... higher one, has traditionally been imposed in cases involving allegations of civil fraud, and in a variety of other kinds of civil cases involving such issues as . . . lost wills, oral contracts to make bequests, and the like." woodby, supra, 385 u.s. at 385 u. s. 285 , n. 18. we think it self-evident that the interests at stake in the .....

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May 21 1990 (FN)

North Dakota Vs. United States

Court : US Supreme Court

Decided on : May-21-1990

..... regulation would have given that state a say as to which building contractor the federal government could hire, the north dakota labeling requirement -- by acting as a deterrent to contracting with the federal government -- would prevent the federal government from making an unfettered choice among liquor suppliers. the military cannot effectively comply with congress' command to purchase from ..... 1982) ("it remains true, of course, that state taxes are constitutionally invalid if they discriminate against the federal government, or substantially interfere with its activities"). cf. james v. dravo contracting co., 302 u. s. 134 , 302 u. s. 161 (1937) (permitting application of a general state tax to federal contractors on the ground that it did not ..... medical laboratories, inc., 471 u. s. 707 , 471 u. s. 717 -718 (1985). it directs the military to consider various factors in determining "the most advantageous contract, price and other considered factors," but that command cannot be understood to preempt state laws that have the incidental effect of raising costs for the military. indeed, the regulation specifically ..... most competitive source, price and other factors considered." a dod regulation also requires that alcohol purchases be made in such a manner as to obtain "the most advantageous contract, price and other considered factors." although the regulation promises cooperation with state officials, it denies any obligation to submit to state control or to make purchases from .....

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May 14 1990 (FN)

United Steelworkers Vs. Rawson

Court : US Supreme Court

Decided on : May-14-1990

..... inspection reasonably arose from the fact of the inspection itself, rather than the fact that the provision for the union's participation in mine inspection was contained in the labor contract. as we see it, however, respondents' tort claim cannot be described as independent of the collective bargaining agreement. this is not a situation where the union's ..... s. 370 to the collective bargaining agreement with the operator of the sunshine mine. respondents' answers to interrogatories gave substance to this allegation by stating that, "by the contract language" of the collective bargaining agreement, the union had caused the establishment of the joint safety committee with purported influence on mine safety issues, and that members of the safety ..... had relied on union representations. id. at 96a. on the negligence count, the trial court first noted that, in its view, respondents' claims centered on the collective bargaining contract between the union and the sunshine mine, especially article ix of the agreement, which established the joint labor/management safety committee. id. at 90a-91a. the trial court urged ..... agreement consists of agreements between the union and the employer, and is enforceable only by them. pp. 495 u. s. 372 -375. (b) moreover, under traditional principles of contract interpretation, respondents have no claim, for, as third-party beneficiaries, they have no greater rights in the agreement than does the promisee, the employer. here, the employer has no enforceable .....

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Apr 24 1990 (FN)

Stewart Vs. Abend

Court : US Supreme Court

Decided on : Apr-24-1990

..... was largely irrelevant. see id. at 3-29, n. 17 ("it is consent referred to in sec. 7, but which would have efficacy as a matter of contract law even without sec. 7"). at least in the copyright act of 1909, however, congress knew exactly what it was doing. [ footnote 2/8 ] the act ..... existence independent of the original author's copyright estate. as an ex post matter, it might appear that the original author could have negotiated a better contract for his consent to creation of a derivative work, but congress in 24 was not concerned with giving an author a second chance to renegotiate his consent ..... them. respondent also contends that petitioners have interfered with his rights in the renewal term of the story in other ways. he alleges that he sought to contract with home box page 495 u. s. 214 office (hbo) to produce a play and television version of the story, but that petitioners wrote to him ..... the author from exercising any of his other statutory rights during the original term of the copyright. the author of the underlying work may contract to sell his work at a bargain price during the original term of the copyright. that agreement would be enforceable even if performance of the ..... contract diminished the value of the copyright to the owner of the renewal interest. similarly, the original author may create and copyright his own derivative .....

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1990

Reves Vs. Ernst and Young

Court : US Supreme Court

Decided on : Jan-01-1990

..... the peculiar quality of having two maturity dates -- one for the purpose of holding to his obligation the party primarily liable ( e.g., maker), and the other for enforcing the contracts of parties secondarily liable ( e.g., drawer and indorsers)." m. bigelow, supra, 350, p. 266. but only the rule of immediate maturity respecting makers of demand notes has ..... "a valuable return on an investment," which undoubtedly includes interest. we have, of course, defined "profit" more restrictively in applying the howey test to what are claimed to be "investment contracts." see, e.g., forman, 421 u.s. at 421 u. s. 852 ("[p]rofit" under the howey test means either "capital appreciation" or "a participation in earnings"). ..... transferable "withdrawable capital shares" in savings and loan association held to be a "security"); howey, 328 u.s. at 328 u. s. 295 (units of citrus grove and maintenance contract "securities" although not traded on exchange). the third factor -- the public's reasonable perceptions -- also supports a finding that the notes in this case are "securities". we have ..... interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit, for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities .....

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Jun 25 1990 (FN)

Hodgson Vs. Minnesota

Court : US Supreme Court

Decided on : Jun-25-1990

..... . but see michael h., 491 u.s. at 491 u. s. 123 -127 (plurality opinion). while the state has a legitimate interest in the creation and dissolution of the marriage contract, see sosna v. iowa, 419 u. s. 393 , 419 u. s. 404 (1975); maynard v. hill, 125 u. s. 190 , 125 u. s. 205 (1888), the family has a privacy .....

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Jun 21 1990 (FN)

MaislIn Indus. Vs. Primary Steel

Court : US Supreme Court

Decided on : Jun-21-1990

..... amendments of any relevance to the requirement of 10761(a) that a carrier collect no rate other than the filed rate are those that remove certain preexisting barriers to motor contract carriage, see generally central & southern motor freight tariff association, inc. v. united states, 244 u.s.app.d.c. 226, 757 f.2d 301, 311-312 (1985) (per curiam ..... been considered sufficient to justify a less stringent interpretation of 10761. [ footnote 13 ] the act specifically provides that the commission may "grant relief" from the filing requirements to motor contract carriers "when relief is consistent with the public interest and the transportation policy." 10761(b), 10762(f); see also 10702(b). the commission concluded that granting a class-wide exemption ..... aside, this rate is made, for all purposes, the legal rate, as between carrier and shipper. the rights as defined by the tariff cannot be varied or enlarged by either contract or tort of the carrier. . . . this stringent rule prevails because, otherwise, the paramount purpose of congress -- prevention of unjust discrimination -- might be defeated." (citations omitted.) see square d co. ..... frontier traffic bureau, inc., 476 u. s. 409 , 476 u. s. 420 . the fact that, even before the mca's passage, congress had allowed the icc to exempt motor contract carriers from the requirement that they adhere to the published tariff, see 10761(b), demonstrates that congress is aware of the requirement, and has deliberately chosen not to disturb it .....

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Apr 17 1990 (FN)

Kaiser Alumium Vs. Bonjorno

Court : US Supreme Court

Decided on : Apr-17-1990

..... a construction which will, by a retrospective operation, affect the rights of parties, but in great national concerns, where individual rights, acquired by war, are sacrificed for national purposes, the contract making the sacrifice ought always to receive a construction conforming to its manifest import; and if the nation has given up the vested rights of its citizens, it is not ..... a particular result. a rule of law, designed to give statutes the effect congress intended, has thus been transformed to a rule of discretion, giving judges power to expand or contract the effect of legislative action. we should turn this frog back to a prince as soon as possible. * * * * i do not pretend that clear reaffirmation of the presumption of nonretroactivity ..... . 112 , 203 u. s. 118 (1906); town of south ottawa v. perkins, 94 u. s. 260 , 94 u. s. 267 (1877). [ footnote 2/2 ] this court has held that the contract clause and due process clause do not prevent legislatures from altering the statutory rate of postjudgment interest applicable to judgments that have not been satisfied. see missouri & arkansas lumber & mining .....

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Apr 18 1990 (FN)

Missouri Vs. Jenkins

Court : US Supreme Court

Decided on : Apr-18-1990

..... united states v. county of macon, 99 u. s. 582 (1879) (no authority to compel a levy higher than state law allowed outside situation where a subsequent limitation violated contracts clause); rees v. city of watertown, 19 wall. 107 (1874) (holding mandamus unavailable where officials have resigned, and that tax limitation in effect when bond obligation was undertaken may ..... decisions do not purport to involve the federal constitution or remedial powers. a second set of cases, including the von hoffman case relied upon by the court, invalidates on contracts clause grounds statutory limitations on taxation power passed subsequent to grants of tax authority in support of bond obligations. see louisiana ex rel. hubert v. mayor and council of ..... a specific bond obligation, but later limited the taxation authority in a way that impaired the bond obligation. the court held the subsequent limitation itself unconstitutional, a violation of the contracts clause. once the limitation was held invalid, the original specific grant of authority remained. there is no allegation here, nor could there be, that the neutral tax limitations ..... to the present case, for kcmsd's obligation to fund the desegregation remedy arises from its operation of a segregated school system in violation of the constitution, not from a contract between kcmsd and respondents. justice kennedy, with whom the chief justice, justice o'connor, and justice scalia join, concurring in part and concurring in the judgment. in agreement .....

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