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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1994 Page 5 of about 58 results (0.089 seconds)

Jan 18 1994 (FN)

Victor Vs. Nebraska

Court : US Supreme Court

Decided on : Jan-18-1994

victor v. nebraska - 511 u.s. 1 (1994) cases adjudged in the supreme court of the united states at october term, 1993 syllabus victor v. nebraska certiorari to the supreme court of nebraska no. 92-8894. argued january 18, 1994-decided march 22,1994* the government must prove beyond a reasonable doubt every element of a charged offense. in re winship, 397 u. s. 358 . in upholding the first degree murder convictions and death sentences of petitioners sandoval and victor, the supreme courts of california and nebraska, respectively, rejected contentions that due process was violated by the pattern jury instructions defining "reasonable doubt" that were given in both cases. held: taken as a whole, the instructions in question correctly conveyed the concept of reasonable doubt, and there is no reasonable likelihood that the jurors understood the instructions to allow convictions based on proof insufficient to meet the winship standard. pp. 5-23. (a) the constitution does not dictate that any particular form of words be used in advising the jury of the government's burden of proof, so long as "taken as a whole, the instructions correctly conve[y] the concept of reasonable doubt," holland v. united states, 348 u. s. 121 , 140. in invalidating a charge declaring, among other things, that a reasonable doubt "must be such ... as would give rise to a grave uncertainty," "is an actual substantial doubt," and requires "a moral certainty," the court, in cage v. louisiana, 498 u. s. 39 , 40 .....

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Dec 12 1994 (FN)

Nebraska Dept. of Revenue Vs. Loewenstein

Court : US Supreme Court

Decided on : Dec-12-1994

nebraska dept. of revenue v. loewenstein - 513 u.s. 123 (1994) october term, 1994 syllabus nebraska department of revenue v. loewenstein certiorari to the supreme court of nebraska no. 93-823. argued october 11, 1994-decided december 12, 1994 respondent, a nebraska resident, owns shares in mutual funds (trusts) that earn some of their income by participating in "repurchase agreements" (repos) involving federal debt securities. in such a transaction, the party holding the securities (seller-borrower) transfers them to the trusts in return for a specified amount of cash. at a later date, the trusts deliver the securities back to the seller-borrower, who credits to the trusts an amount equal to the cash transfer plus interest at an agreed-upon rate that bears no relation to the yield on the underlying securities. ultimately, the trusts' interest income is distributed to respondent in proportion to his shares in the trusts. mter petitioner issued a revenue ruling concluding that interest income from repos is subject to nebraska's income tax, respondent brought this declaratory judgment action in state court, asking that the revenue ruling be declared invalid as contrary to the supremacy clause and to 31 u. s. c. 3124(a), which, in relevant part, exempts from state taxation interest on "obligations of the united states government." the court granted the relief, and the nebraska supreme court affirmed. held: 1. nebraska's taxation of the income respondent derived from the repos .....

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Dec 05 1994 (FN)

Milwaukee Brewery Workers' Pension Plan Vs. Jos. Schlitz Brewing Co.

Court : US Supreme Court

Decided on : Dec-05-1994

milwaukee brewery workers' pension plan v. jos. schlitz brewing co. - 513 u.s. 414 (1994) october term, 1994 syllabus milwaukee brewery workers' pension plan v. jos. schlitz brewing co. et al. certiorari to the united states court of appeals for the seventh circuit no. 93-768. argued december 5, 1994-decided february 21,1995 the multiemployer pension plan amendments act of 1980 (mppaa), 29 u. s. c. 1381-1461, permits an employer withdrawing from an underfunded multiemployer pension plan to "amortize" the charge it is required to pay to cover its fair share of the plan's unfunded liabilities by making installment payments to the plan. following the august 14, 1981, withdrawal of respondent schlitz from petitioner multiemployer pension plan (plan), a dispute arose as to when, for purposes of calculating schlitz's amortization schedule, interest began to accrue on the company's withdrawal charge. the plan claimed that accrual began on the last day of the plan year preceding withdrawal, december 31, 1980, the "valuation date" as of which the withdrawal charge was determined. schlitz, however, argued for january 1, 1982, the first day of the plan year following withdrawal. under the plan's reading, schlitz's last annual installment would be substantially greater than it would under schlitz's own reading. the district court disagreed with schlitz, but the court of appeals reversed. held: mppaa calculates its installment schedule on the assumption that interest begins accruing on .....

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Jun 06 1994 (FN)

Nichols Vs. United States

Court : US Supreme Court

Decided on : Jun-06-1994

nichols v. united states - 511 u.s. 738 (1994) october term, 1993 syllabus nichols v. united states certiorari to the united states court of appeals for the sixth circuit no. 92-8556. argued january 10, 1994-decided june 6, 1994 mter petitioner nichols pleaded guilty to federal felony drug charges, he was assessed criminal history points under the united states sentencing guidelines, including one point for a state misdemeanor conviction for driving while under the influence (dui), for which he was fined but not incarcerated. that point increased the maximum sentence of imprisonment from 210 to 235 months. petitioner objected to the inclusion of his dui conviction, arguing that because he had not been represented by counsel in that proceeding, considering it in establishing his sentence would violate the sixth amendment as construed in baldasar v. illinois, 446 u. s. 222 . however, the district court reasoned that baldasar lacked a majority opinion and thus stood only for the proposition that a prior uncounseled misdemeanor conviction may not be used to create a felony with a prison term. since petitioner's offense was already defined as a felony, the court ruled that baldasar was inapplicable and sentenced petitioner to a term of imprisonment 25 months longer than it could have been had the dui conviction not been considered. the court of appeals affirmed. held: consistent with the sixth and fourteenth amendments, a sentencing court may consider a defendant's previous .....

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May 02 1994 (FN)

Chicago Vs. Environmental Defense Fund

Court : US Supreme Court

Decided on : May-02-1994

chicago v. environmental defense fund - 511 u.s. 328 (1994) october term, 1993 syllabus city of chicago et al. v. environmental defense fund et al. certiorari to the united states court of appeals for the seventh circuit no. 92-1639. argued january 19, 1994-decided may 2, 1994 respondent environmental defense fund (edf) sued petitioners, the city of chicago and its mayor, alleging that they were violating the resource conservation and recovery act of 1976 (rcra) and implementing regulations of the environmental protection agency (epa) by using landfills not licensed to accept hazardous wastes as disposal sites for the toxic municipal waste combustion (mwc) ash that is left as a residue when the city's resource recovery incinerator burns household waste and nonhazardous industrial waste to produce energy. although it was uncontested that, with respect to the ash, petitioners had not adhered to any of the rcra subtitle c requirements addressing hazardous wastes, the district court granted them summary judgment on the ground that 3001(i) of the solid waste disposal act, a provision within rcra, excluded the ash from those requirements. the court of appeals disagreed and reversed, but, while certiorari was pending in this court, the epa issued a memorandum directing its personnel, in accordance with the agency's view of 3001(i), to treat mwc ash as exempt from subtitle c regulation. on remand following this court's vacation of the judgment, the court of appeals reinstated its .....

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Apr 20 1994 (FN)

United States Vs. Irvine

Court : US Supreme Court

Decided on : Apr-20-1994

united states v. irvine - 511 u.s. 224 (1994) october term, 1993 syllabus united states v. irvine et al. certiorari to the united states court of appeals for the eighth circuit no. 92-1546. argued december 6, 1993-decided april 20, 1994 as a result of sally ordway irvine's 1979 disclaimer of five-sixteenths of her interest in the corpus of a recently terminated trust that had been created by her grandfather in 1917, each of her five children received one-sixteenth of her share of the distributed trust principal. her disclaimer was effective under minnesota law even though she had learned of her contingent interest in the trust at least as early as 1931 when she became 21, but the internal revenue service determined that the disclaimer brought about a gratuitous transfer that was subject to federal gift tax under internal revenue code 2501(a)(1) and 2511(a). mrs. irvine died after she paid the tax and accrued interest, and respondents, representing her estate, filed this refund action. arguing that the transaction was not excepted from gift tax under treasury regulation 25.2511-1(c)(2) (regulation), the government relied on jewett v. commissioner, 455 u. s. 305 , in which this court construed the 1958 version of the regulation to provide that the disclaimer of a remainder interest in a trust effects a taxable gift to the beneficiary of the disclaimer unless the disclaimant acts within a reasonable time after learning of the transfer that created the interest being disclaimed. .....

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Apr 18 1994 (FN)

Thomas Jefferson Univ. Vs. Shalala

Court : US Supreme Court

Decided on : Apr-18-1994

thomas jefferson univ. v. shalala - 512 u.s. 504 (1994) october term, 1993 syllabus thomas jefferson university, dba thomas jefferson university hospital v. shalala, secretary of health and human services certiorari to the united states court of appeals for the third circuit no. 93-120. argued april 18, 1994-decided june 24,1994 medicare reimburses provider hospitals for the costs of certain educational activities, including the cost of graduate medical education (gme) services furnished by the hospital or its affiliated medical school, 42 cfr 413.85, 413.17(a). however, reimbursement of educational activities is limited by (1) an "anti-redistribution" principle, providing that the medicare program's intent is to support activities that are "customarily or traditionally carried on by providers in conjunction with their operations," but that the program should not "participate in increased costs resulting from redistribution of costs from educational institutions ... to patient care institutions," 413.85(c) (emphasis added); and (2) a "community support" principle, providing that medicare will not assume the cost for educational activities previously borne by the community, ibid. petitioner teaching hospital, a qualified medicare provider, sought no reimbursement for its nonsalary-related (administrative) gme costs before 1984, and those costs were borne by its affiliated medical college. in fiscal year 1985, the fiscal intermediary disallowed the hospital's claim for .....

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Apr 04 1994 (FN)

Oregon Waste Systems, Inc. Vs. Department of Environmental Quality of ...

Court : US Supreme Court

Decided on : Apr-04-1994

..... operates a solid waste landfill in gilliam county, at which it accepts for final disposal solid waste generated in oregon and in other states. crc, pursuant to a 20-year contract with clark county, in neighboring washington state, transports solid waste via barge from clark county to a landfill in morrow county, oregon. petitioners challenged the administrative rule establishing the out .....

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Nov 14 1994 (FN)

Hess Vs. Port Authority Trans-hudson Corporation

Court : US Supreme Court

Decided on : Nov-14-1994

hess v. port authority trans-hudson corporation - 513 u.s. 30 (1994) october term, 1994 syllabus hess et al. v. port authority trans-hudson corporation certiorari to the united states court of appeals for the third circuit no. 93-1197. argued october 3, 1994-decided november 14, 1994 petitioners, two railroad workers, were injured in unrelated incidents while employed by respondent bistate railway, the port authority trans-hudson corporation (path). path is a wholly owned subsidiary of the port authority of new york and new jersey (port authority or authority), an entity created when congress, pursuant to the constitution's interstate compact clause, consented to a compact between the authority's parent states. petitioners filed separate personal injury actions under the federal employers' liability act (fe la). the district court dismissed the suits under third circuit precedent, port authority police benevolent assn., inc. v. port authority of new york and new jersey, 819 f.2d 413 (ca3) (port authority pba), which declared path a state agency entitled to eleventh amendment immunity from suit in federal court. the third circuit consolidated the cases and summarily affirmed. that court's assessment of path's immunity conflicts with the second circuit's decision in feeney v. port authority trans-hudson corporation, 873 f.2d 628 . held: path is not entitled to eleventh amendment immunity from suit in federal court. pp. 39-53. (a) the court presumes that an entity created .....

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Jun 13 1994 (FN)

Romano Vs. Oklahoma

Court : US Supreme Court

Decided on : Jun-13-1994

romano v. oklahoma - 512 u.s. 1 (1994) cases adjudged in the supreme court of the united states at october term, 1993 syllabus romanov. oklahoma certiorari to the court of criminal appeals of oklahoma no. 92-9093. argued march 22, 1994-decided june 13, 1994 during the sentencing phase of petitioner's first-degree murder trial in oklahoma, the state introduced a copy of the judgment and death sentence he had received during an earlier trial for another murder. the jury ultimately found that the aggravating circumstances outweighed the mitigating circumstances, and imposed a second death sentence on petitioner. in affirming, the oklahoma court of criminal appeals acknowledged that the evidence of petitioner's prior death sentence was irrelevant to determining the appropriateness of the second death sentence, but held that admission of the evidence did not violate the eighth and fourteenth amendments under caldwell v. mississippi, 472 u. s. 320 , or so infect the sentencing determination with unfairness as to amount to a denial of due process. held: the admission of evidence regarding petitioner's prior death sentence did not amount to constitutional error. pp. 6-14. (a) admission of the evidence at issue did not contravene the principle established in caldwell, supra, at 342 (o'connor, j., concurring in part and concurring in judgment), because the evidence did not affirmatively mislead the jury regarding its role in the sentencing process so as to diminish its sense of .....

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