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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2001 Page 1 of about 34 results (0.159 seconds)

Mar 21 2001 (FN)

Circuit City Stores, Inc. Vs. Adams

Court : US Supreme Court

Decided on : Mar-21-2001

..... drafted, the bill was understood by members of congress to "simply provid[e] for one thing, and that is to give an opportunity to enforce an agreement in commercial contracts and admiralty contracts." 65 congo rec. 1931 (1924) (remarks of rep. graham) (emphasis added).2 it is no surprise, then, that when the legislation the faa evinces congress' ..... if the freeman through his necessities shall be induced to sign. will such 127 concern that the legislation might authorize federal judicial enforcement of arbitration clauses in employment contracts and collective-bargaining agreements.6 in response to those objections, the chairman of the aba committee that drafted the legislation emphasized at a senate judiciary subcommittee hearing that ..... employment claims but not others. the considerable complexity and uncertainty that the construction of 1 urged by respondent would introduce into the enforceability of arbitration agreements in employment contracts would call into doubt the efficacy of alternative dispute resolution procedures adopted by many of the nation's employers, in the process undermining the faa's pro ..... . held: the 1 exemption is confined to transportation workers. pp. 111-124. (a) the faa's coverage provision, 2, compels judicial enforcement of arbitration agreements "in any ... contract evidencing a transaction involving commerce." in allied-bruce terminix coso v. dobson, 513 u. s. 265 , the court interpreted 2's "involving commerce" phrase as implementing congress' intent .....

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Jun 28 2001 (FN)

Lorillard Tobacco Co. Vs. Reilly

Court : US Supreme Court

Decided on : Jun-28-2001

..... 167, 169 (ca2 1947) (l. hand, j.) ("there is no more likely way to misapprehend the meaning of language-be it in a constitution, a statute, a will or a contract-than to read the words literally, forgetting the object which the document as a whole is meant to secure"). 593 endeavor, explaining with precision the federal policies motivating its actions .....

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May 21 2001 (FN)

Wharf (Holdings) Ltd. Vs. United Int'l Holdings, Inc.

Court : US Supreme Court

Decided on : May-21-2001

..... significantly limit the act's coverage, thereby undermining its basic purposes. 596 wharf makes a related but narrower argument that the act does not encompass oral contracts of sale that are unenforceable under state law. but we do not reach that issue. the court of appeals held that wharf's sale of ..... the uniform commercial code and statutes of frauds in every state now consider them enforceable. see u. c. c. 8-113 (supp. 2000) ("a contract ... for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement ..... to grant united an option to purchase shares in the cable system was an oral agreement. and it says that 10(b) does not cover oral contracts of sale. wharf points to blue chip stamps, in which this court construed the act's "purchase or sale" language to mean that only "actual ..... find a business partner with cable system experience. ng found united. and united sent several employees to hong kong to help prepare wharf's application, negotiate contracts, design the system, and arrange financing. united asked to be paid for its services with a right to invest in the cable system if wharf should ..... in a case like this one will permit numerous plaintiffs to bring federal securities claims that are in reality no more than ordinary state breach-of-contract claims lying outside the act's basic objectives. united's claim is not simply that wharf failed to carry out a promise to sell it securities .....

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Jun 28 2001 (FN)

Zadvydas Vs. Davis

Court : US Supreme Court

Decided on : Jun-28-2001

..... dangerous aliens upon us. one of the more alarming aspects of the court's new venture into foreign affairs management is the suggestion that the district court can expand or contract the reasonable period of detention based on its own assessment of the course of negotiations with foreign powers. the court says it will allow the executive to perform its duties .....

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Jun 25 2001 (FN)

New York Times Co. Vs. Tasini

Court : US Supreme Court

Decided on : Jun-25-2001

..... nexis, by selling copies of the articles through the nexis database, "distribute copies" of the articles "to the public by sale," 106(3); and the print publishers, through contracts licensing the production of copies in the databases, "authorize" reproduction and distribution of the articles, 106.8 line. in the present, print collections of reviews, commentaries, and reportage ..... later collective work in the same series." (emphasis added.) a newspaper or magazine publisher is thus privileged to reproduce or distribute an article contributed by a freelance author, absent a contract otherwise providing, only "as part of" any (or all) of three categories of collective works: (a) "that collective work" to which the author contributed her work, ( ..... (print publishers) registered collective work copyrights in each periodical edition in which an article originally appeared. the print publishers engaged the authors as independent contractors (freelancers) under contracts that in no instance secured consent from an author to placement of an article in an electronic database.1 at the time the articles were published, all three print ..... new york times company (times), newsday, inc. (newsday), and time, inc. (time). the times, newsday, and time (print publishers) engaged the authors as independent contractors under contracts that in no instance secured an author's consent to placement of an article in an electronic database. the print publishers each licensed rights to copy and sell articles to .....

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Apr 17 2001 (FN)

United States Vs. Cleveland Indians Baseball Co.

Court : US Supreme Court

Decided on : Apr-17-2001

united states v. cleveland indians baseball co. - 532 u.s. 200 (2001) october term, 2000 syllabus united states v. cleveland indians baseball co. certiorari to the united states court of appeals for the sixth circuit no. 00-203. argued february 27, 200l-decided april 17, 2001 under a grievance settlement agreement, respondent cleveland indians baseball company (company) owed 8 players backpay for wages due in 1986 and 14 players backpay for wages due in 1987. the company paid the back wages in 1994. this case presents the question whether, under the federal insurance contributions act (fica) and the federal unemployment tax act (futa), the back wages should be taxed by reference to the year they were actually paid (1994) or, instead, by reference to the years they should have been paid (1986 and 1987). both tax rates and the amount of the wages subject to tax (the wage base) have risen over time. consequently, allocating the 1994 payments back to 1986 and 1987 would generate no additional fica or futa tax liability for the company and its former employees, while treating the back wages as taxable in 1994 would subject both the company and the employees to significant tax liability. the company paid its share of employment taxes on the back wages according to 1994 tax rates and wage bases. mter the internal revenue service denied its claims for a refund of those payments, the company initiated this action in district court. the company relied on sixth circuit precedent .....

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Apr 30 2001 (FN)

C and L Enterprises, Inc. Vs. Citizen Band Potawatomi Tribe of OklA.

Court : US Supreme Court

Decided on : Apr-30-2001

..... and the tribe petitioned for certiorari in this court. while the tribe's petition was pending here, the court decided kiowa, holding: "tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or commercial activities and whether they were made on or off a reservation." 523 u. s., at 760. kiowa reconfirmed: "[a]n indian tribe is ..... decision, several state and federal courts have held that an arbitration clause, kin to the one now before us, expressly waives tribal immunity from a suit arising out of the contract. see sokaogon gaming enterprise corp. v. tushiemontgomery associates, inc., 86 f.3d 656 , 661 (ca7 1996) (clause requiring arbitration of contractual disputes and authorizing entry of judgment ..... of arbitral proceedings, the clause specifies american arbitration association rules, under which "the arbitration award may be entered in any federal or state court having jurisdiction thereof." the contract's choice-of-law clause makes it plain enough that a "court having jurisdiction" to enforce the award in question is the oklahoma state court in which c & l ..... provision and related prescriptions lead to the conclusion that the tribe in this case has waived its immunity with the requisite clarity. the arbitration clause requires resolution of all contract-related disputes between the parties by binding arbitration; ensuing arbitral awards may be reduced to judgment "in accordance with applicable law in any court having jurisdiction thereof." for .....

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Feb 21 2001 (FN)

Buckman Co. Vs. Plaintiffs' Legal Comm.

Court : US Supreme Court

Decided on : Feb-21-2001

buckman co. v. plaintiffs' legal comm. - 531 u.s. 341 (2001) october term, 2000 syllabus buckman co. v. plaintiffs' legal committee certiorari to the united states court of appeals for the third circuit no. 98-1768. argued december 4, 2000-decided february 21, 2001 respondent represents plaintiffs claiming injuries caused by the use of orthopedic bone screws in the pedicles of their spines. petitioner assisted the screws' manufacturer in securing approval for the devices from the food and drug administration (fda or administration), which has regulatory authority under the federal food, drug, and cosmetic act (fdca), as amended by the medical devices amendments of 1976 (mda). while the screws are in a class that normally must go through a time-consuming process to receive premarket approval (pma), they were approved under an exception, known as the 510(k) process, for predicate devices-devices that were already on the market when the mda was enacted-and for devices that are "substantially equivalent" to predicate devices. the 510(k) application filed by petitioner and the manufacturer sought clearance to market the screws for use in arm and leg bones, not the spine. claiming that the fda would not have approved the screws had petitioner not made fraudulent representations regarding their intended use, plaintiffs sought damages under state tort law. the district court dismissed these fraud-on-the-fda claims on, inter alia, the ground that they were pre-empted by the mda. the .....

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Nov 28 2001 (FN)

Mckune Vs. Lile

Court : US Supreme Court

Decided on : Nov-28-2001

..... cases the "refusal to submit to interrogation and to waive the fifth amendment privilege, standing alone and without regard to other evidence, resulted in loss of employment or opportunity to contract with the state," whereas palmigiano's silence "was given no more evidentiary value than was war- 61 ranted by the facts surrounding his case." 425 u. s., at 318 ..... liberty interest, we have found prohibited compulsion in the threatened loss of the right to participate in political associations, lefkowitz v. cunningham, 431 u. s. 801 (1977), forfeiture of government contracts, turley, 414 u. s., at 82, loss of employment, uniformed sanitation men assn., inc. v. commissioner of sanitation of city of new york, 392 u. s. 280 (1968), ..... of livelihood are powerful forms of compulsion"). those principles are not easily extended to the prison context, where inmates surrender upon incarceration their rights to pursue a livelihood and to contract freely with the state, as well as many other basic freedoms. the persons who asserted rights in garrity and spevack had not been convicted of a crime. it would ..... not involve legitimate rehabilitative programs conducted within prison walls, and they are not easily extended to the prison context, where inmates surrender their rights to pursue a livelihood and to contract freely with the state. pp. 38-41. (3) determining what constitutes unconstitutional compulsion involves a question of judgment: courts must decide whether the consequences of an inmate's .....

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Jun 25 2001 (FN)

ins Vs. St. Cyr

Court : US Supreme Court

Decided on : Jun-25-2001

ins v. st. cyr - 533 u.s. 289 (2001) october term, 2000 syllabus immigration and naturalization service v. st. cyr certiorari to the united states court of appeals for the second circuit no. 00-767. argued april 24, 200l-decided june 25, 2001 before the effective dates of the antiterrorism and effective death penalty act of 1996 (aedpa) and the illegal immigration reform and immigrant responsibility act of 1996 (iirira), 212(c) of the immigration and nationality act of 1952 was interpreted to give the attorney general broad discretion to waive deportation of resident aliens. as relevant here, the large class of aliens depending on 212(c) relief was reduced in 1996 by 401 of aedpa, which identified a broad set of offenses for which convictions would preclude such relief; and by iirira, which repealed 212(c) and replaced it with a new section excluding from the class anyone "convicted of an aggravated felony," 8 u. s. c. 1229b(a)(3). respondent st. cyr, a lawful permanent united states resident, pleaded guilty to a criminal charge that made him deportable. he would have been eligible for a waiver of deportation under the immigration law in effect when he was convicted, but his removal proceedings were commenced after aedpa's and iirira's effective dates. the attorney general claims that those acts withdrew his authority to grant st. cyr a waiver. the federal district court accepted st. cyr's habeas corpus application and agreed that the new restrictions do not apply to removal .....

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