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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1998 Page 1 of about 56 results (0.219 seconds)

Mar 04 1998 (FN)

Eastern Enterprises Vs. Apfel

Court : US Supreme Court

Decided on : Mar-04-1998

..... eastern may be able to seek indemnification from eacc or peabody under contractual arrangements that might insure eastern against liabilities arising out of its former coal operations, that indemnity is neither enhanced nor supplanted by the coal act and does not affect the availability of the declaratory relief sought here. respondents' argument that the coal act moderates ..... the need for this legislation). but in labor relations, as in human relations, one can create promises and understandings which, even in the absence of a legally enforceable contract, others reasonably expect will be honored. indeed, in labor relations such industrywide understandings may spell the difference between labor war and labor peace, for the parties may look ..... of reimbursement. see also conference report on coal act, 138 congo rec., at 34004 (explaining that the coal act allows parties to "enter into private litigation to enforce ... contracts for indemnification," but "does not create new private rights of action"). moreover, the possibility of indemnification does not alter the fact that eastern has been assessed over $5 ..... agreement was the first nbcw a to mention retiree health benefits. as part of a substantial liberalization of benefits and eligibility under both the pension and health plans, the 1974 contract provided lifetime health benefits for retirees, disabled mine workers, and spouses, and extended the benefits to surviving spouses .... " house committee on ways and means, financing umw a .....

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Mar 17 1998 (SC)

Amrit Lal Sood and anr. Vs. Smt. Kaushalya Devi Thapar and ors.

Court : Supreme Court of India

Decided on : Mar-17-1998

Reported in : I(1998)ACC332; 1998ACJ531; 1998IVAD(SC)23; AIR1998SC1433; 1998(2)ALLMR(SC)684; [1998]92CompCas305(SC); (1998)2GLR1788(SC); JT1998(2)SC484; (1998)IIIMLJ45(SC); (1998)119PLR6

..... will indemnify any driver who is driving the motor car on the insured order or with his permission provided that such driver(a) is not entitled indemnity under any other policy(b) shall as though he were the insured observe fulfil and be subject to the terms exceptions conditions and limitations of ..... wider terms appearing in the certificate in order to comply with the act is recoverable from the insured, and refers to the avoidance clause.thus the contract between the insured and the company may not provide for all the liabilities which the company has to undertake vis a vis the third parties, ..... the course of the judgment, the court said:'the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and insured, that is, the person who effected the policy, as would make the company entitled to recover the whole or part ..... for hire or reward and the insurer cannot be held liable under the act. but that does not prevent an insurer from entering into a contract of insurance covering a risk wider than the minimum requirement of the statute whereby the risk to gratuitous passengers could also be covered. in such ..... record to be sufficient to support the award of enhanced compensation.4. the liability of the insurer in this case depends on the terms of the contract between the insured and the insurer as evident from the policy. section 94 of the motor vehicles act, 1939 compels the owner of a motor .....

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Jul 22 1998 (SC)

M/S. Road Transport Company Vs. Bhan Singh and Another

Court : Supreme Court of India

Decided on : Jul-22-1998

Reported in : II(1998)ACC190; 1998ACJ1101; 1998VAD(SC)316; AIR1998SC2487; 1998(4)ALT26(SC); 1998(3)BLJR1603; [1999]95CompCas4(SC); JT1998(5)SC142; (1999)121PLR50; RLW1999(1)SC47; 1998(4)

..... we have set out above also makes it clear that it was in consideration of an additional premium of rs. 300 that the insurance company had undertaken to indemnity the insured against his liability in respect of passengers to the extent of rs. 5,000 for each passenger and rs. 75,000 in all. it is ..... raised on behalf of the appellant that the additional premium of rs. 300 was paid for covering higher than the statutory liability. there was no special contract to cover unlimited liability in respect of the passengers.28. as we do not find any substance in any of the two contentions raised on behalf of ..... other man a person excluded under section ii-i(b) being carried in or upon or entering or mounting or alighting from the motor vehicle but such indemnity is limited to the sum of rs. 5,000 in respect of any one person and subject to the aforesaid limit in respect of any one person ..... limits, namely-(a)... (b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment,- (1) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all; (ii) in respect of ..... additional premium of rs. 300 was paid as it was a passenger bus having capacity of carrying 50 passengers. it held that mere was no special contract between the appellant-company and the insurance company to cover unlimited liability in respect of the passengers. in support of this view it also relied upon the .....

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Apr 27 1998 (FN)

Clinton Vs. City of New York

Court : US Supreme Court

Decided on : Apr-27-1998

..... the preference applied to only a small percentage of the city's business, and even though there was no showing that any party would have received a contract absent the ordinance, we held that the prospective bidders had standing; the "injury in fact" was the harm to the contractors in the negotiation process, ..... in that case an association of contractors challenged a city ordinance that accorded preferential treatment to certain minority-owned businesses in the award of city contracts. the court of appeals had held that the association lacked standing "because it failed to allege that one or more of its members would have been awarded ..... a contract but for the challenged ordinance." id., at 664. we rejected the court of appeals' position, stating that it "cannot be reconciled with our precedents ..... for the ordinance. id., at 659. we held that the association had 457 standing even without proof that its members would have been awarded contracts absent the challenged discrimination. the reason, we explained, is that "[t]he 'injury in fact' in an equal protection case of this ..... 508 u. s. 656 (1993). there, an association of contractors alleged that a city ordinance according racial preferences in the award of city contracts denied its members equal protection of the laws. id., at 658-659. the association's members had regularly bid on and performed city .....

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Oct 05 1998 (FN)

Marquez Vs. Screen Actors

Court : US Supreme Court

Decided on : Oct-05-1998

..... somehow a defense when a violation of the fair-representation duty has been alleged and facts in addition to the bare language of the contract have been adduced to show the violation. rather, our holding reflects only the conclusion that the negotiation of a security clause containing such language ..... suasive. contrary to petitioner's claim, we conclude that it may be perfectly reasonable for a union to use terms of art in a contract. petitioner proposed one stopping point at oral argument: the union security clause. petitioner suggested that a union is only required to explain the union ..... argument is not that sag chose to use this language in the collective bargaining agreement after determining that the use of this language in the contract would deceive a large number of workers. her argument is more ambitious. according to petitioner, even if the union always informs workers of ..... that 8(a)(3) allows unions to collect and expend funds over the objection of nonmembers only to the extent they are used for collective bargaining, contract administration, and grievance adjustment activities, communications workers v. beck, 487 u. s. 735 , 745, 762-763 (1988). in this case, we ..... does not permit unions to exact dues or fees over the objection of nonmembers for activities that are not germane to collective bargaining, grievance adjustment, or contract administration, communications workers v. beck, 487 u. s. 735 ,745,762-763. the clause did specify, however, that its 30-day grace period .....

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Jan 13 1998 (FN)

Fidelity Financial Services, Inc. Vs. Fink

Court : US Supreme Court

Decided on : Jan-13-1998

..... interest in personal property occurred "when it became so far perfected that no subsequent lien upon such property obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee." 11 u. s. c. 96(a)(2) (1964 ed.). but it then subjected this general ..... , of course, lose its priority if, during the relation-back period, the secured party performed those acts; such a possibility does not mean that a contract creditor "cannot" acquire such a lien, however, but merely that its superiority may be fleeting. not until the secured party actually performs the final act that ..... the definition provided by 547(e)(1)(b), that "a transfer of ... property other than real property is perfected when a creditor on a simple contract cannot acquire a judicial lien that is superior to the interest of the transferee." like the courts of appeals that have adopted its position, see n. 2 ..... provided by the federal statute. section 547(e)(i)(b) provides that "a transfer of ... property ... is perfected when a creditor on a simple contract cannot acquire a judicial lien that is superior to the interest of the transferee." this definition implies that a transfer is "perfected" only when the secured ..... means that a transfer is perfected as of whatever date an enabling creditor could claim in a priority fight with a contract creditor armed with a judicial lien, the statute does not speak in such terms. rather, it says that a transfer is perfected "when" a .....

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Nov 16 1998 (FN)

Wright Vs. Universal Maritime Service Corp.

Court : US Supreme Court

Decided on : Nov-16-1998

..... analysis of a cba will show that matters which go beyond the interpretation and application of contract terms are subject to arbitration; but they will not be presumed to be so. iv not only is petitioner's statutory claim not subject ..... fact that the cba in this case, unlike the one in gardner-denver, does not expressly limit the arbitrator to interpreting and applying the contract. the presumption only extends that far, whether or not the text of the agreement is similarly limited. it may well be that ordinary textual ..... to the present case. 79 interpretation of any cba, but the meaning of a federal statute. the cause of action wright asserts arises not out of contract, but out of the ada, and is distinct from any right conferred by the collective-bargaining agreement. see gilmer, supra, at 34; barrentine, 450 ..... the lines of authority by maintaining that federal forum rights cannot be waived in union-negotiated cbas even if they can be waived in individually executed contracts-a distinction that assuredly finds support in the text of gilmer, see 500 u. s., at 26, 35. respondents and their amici, on ..... . 693 , 708. the cea's arbitration clause is very general, providing only for arbitration of "[m]atters under dispute," and the remainder of the contract contains no explicit incorporation of statutory antidiscrimination requirements. for similar reasons, there is no clear and unmistakable waiver in the longshore seniority plan. this court does .....

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May 18 1998 (FN)

Textron Lycoming Reciprocating Engine Div., Avco Corp. Vs. Automobile ...

Court : US Supreme Court

Decided on : May-18-1998

..... & constr. trades council v. associated gen. contractors of am., 376 f. 2d 797, 799-800 (ca5 1967) (union threatened to strike, then filed declaratory judgment action for determination of contract's validity, and court took jurisdiction under 301); mcnally pittsburg, inc. v. international assn. of bridge, structural, and ornamental iron workers, 812 f.2d 615 (calo 1987) (where actual ..... the declaratory-judgment plaintiff must himself have a federal claim.3 no decision 3 "prior to [the declaratory judgment] act, a federal court would entertain a suit on a contract only if the plaintiff asked for an immediately enforceable remedy like money damages or an injunction .... the declaratory judgment act allowed relief to be given by way of recognizing ..... 117 f.3d 119 (1997); we granted certiorari, 522 u. s. 979 (1997). ii section 301(a) of the labor management relations act, 1947, provides: "suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this act, or between any such labor organizations, may be brought in any ..... for certiorari, which read: ''whether section 301 of the labor-management relations act, 29 u. s. c. 185, which confers federal jurisdiction over '[s]uits for violation of contracts between an employer and a labor organization,' permits a 656 656 textron lycoming reciprocating engine div., avco corp. v. automobile workers the district court dismissed the complaint for lack of .....

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Mar 31 1998 (FN)

National Endowment for Arts Vs. Finley

Court : US Supreme Court

Decided on : Mar-31-1998

..... constitutional text governing our analysis. the first amendment reads: "congress shall make no law ... abridging the freedom of speech." u. s. const., amdt. 1 (emphasis added). to abridge is "to contract, to diminish; to deprive of." t. sheridan, a complete dictionary of the english language (6th ed. 1796). with the enactment of 954(d)(1), congress did not abridge the speech .....

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Mar 25 1998 (FN)

Gebser Vs. Lago Vista Independent School Dist.

Court : US Supreme Court

Decided on : Mar-25-1998

..... of 1964, which prohibits race discrimination in programs receiving federal funds. both statutes condition federal funding on a recipient's promise not to discriminate, in what amounts essentially to a contract between the government and the recipient. in contrast, title vii is framed as an outright prohibition. title ix's contractual nature has implications for the construction of the scope of ..... to impose strict liability on school districts for a teacher's sexual harassment of a student, reiterating its conclusion in leija that strict liability is inconsistent with "the title ix contract." 106 f. 3d, at 1225 (internal quotation marks omitted). the court then determined that lago vista could not be liable on the basis of constructive notice, finding that there was ..... seq. the two statutes operate in the same manner, conditioning an offer of federal funding on a promise by the recipient not to discriminate, in what amounts essentially to a contract between the government and the recipient of funds. see guardians, 463 u. s., at 599 (opinion of white, j.); id., at 609 (powell, j., concurring in judgment); cf. pennhurst state .....

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