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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2012 Page 5 of about 89 results (0.076 seconds)

Mar 26 2012 (FN)

Credit Suisse Securities (Usa) Llc Vs. Simmonds

Court : US Supreme Court

Decided on : Mar-26-2012

..... such equity security within any period of less than six months, unless such security or security-based swap agreement was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the issuer, irrespective of any in-tention on the part of such beneficial owner, director, or officer in en-tering into such transaction .....

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Feb 21 2012 (FN)

Marmet Health Care Center, Inc. Vs. Brown

Court : US Supreme Court

Decided on : Feb-21-2012

..... both incorrect and inconsistent with clear instruction in the precedents of this court. the faa provides that a written provision in . . . a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation ..... of any contract. 9 u. s. c. 2. the statute s text includes no exception for personal-injury or wrongful-death claims. it requires courts to enforce the bargain of the parties to ..... had signed an agreement with a nursing home on behalf of the patient. the relevant parts of the agreements in brown s case and taylor s case were identical. the contracts included a clause requiring the parties to arbitrate all disputes, other than claims to col- lect late payments owed by the patient. the ..... contracts included a provision holding the party filing the arbitration responsible for paying a filing fee in accordance with the rules of the american arbitration association fee schedules. the agreement in .....

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May 21 2012 (FN)

Astrue Vs. Capato

Court : US Supreme Court

Decided on : May-21-2012

astrue v. capato note:?where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. the syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions for the convenience of the reader. see united states v. detroit timber & lumber co., 200 u. s. 321 . supreme court of the united states syllabus astrue, commissioner of social security v. capato, on behalf of b. n. c. et al. certiorari to the united states court of appeals for the third circuit no. 11 159.?argued march 19, 2012 decided may 21, 2012 eighteen months after her husband, robert capato, died of cancer, respondent karen capato gave birth to twins conceived through in vitro fertilization using her husband s frozen sperm. karen applied for social security survivors benefits for the twins. the social security administration (ssa) denied her application, and the district court affirmed. in accord with the ssa s construction of the social security act (act), the court determined that the twins would qualify for benefits only if, as 42 u. s. c. 416(h)(2)(a) specifies, they could inherit from the deceased wage earner under state intestacy law. the court then found that robert was domiciled in florida at his death, and that under florida law, posthumously conceived children do not qualify for inheritance through intestate succession. the third circuit reversed. it concluded that, under 416(e), which .....

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Jul 04 2012 (FN)

Mulcaire Vs. Phillips

Court : UK Supreme Court

Decided on : Jul-04-2012

..... may be joined by others, some may leave it." 45. similarly lord pearson stated (p 827): "a conspiracy involves an agreement express or implied. a conspiratorial agreement is not a contract, not legally binding, because it is unlawful. but as an agreement it has its three stages, namely (1) making or formation (2) performance or implementation (3) discharge or termination. when ..... of confidence and a duty of privacy in respect of her incoming and outgoing voicemail messages. the pleading also states (para 15) that mr mulcaire was at the time "a contracted employee of ngn" (though counsel did not treat that as relevant to the issues in this appeal). ms phillips claims an injunction, detailed disclosure of information, delivery up of documents .....

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Apr 25 2012 (FN)

Seldon Vs. Clarkson Wright and Jakes (a Partnership)

Court : UK Supreme Court

Decided on : Apr-25-2012

..... ? (1) all the references to the european court discussed above have concerned national laws or provisions in collective agreements authorised by national laws. they have not concerned provisions in individual contracts of employment or partnership, as this case does. however, the bartsch case, mentioned at [2] above, did concern the rules of a particular employers' pension fund; and the prigge case ..... article 6(1) did not preclude national legislation under which university professors are compulsorily retired when they reach 68 and may only work beyond 65 on one year fixed term contracts renewable at most twice, provided that it pursued a legitimate aim linked to employment and labour market policy, such as the delivery of quality teaching and the best possible allocation .....

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Feb 22 2012 (FN)

Douglas Vs. Independent Living Center of Southern Cal., Inc.

Court : US Supreme Court

Decided on : Feb-22-2012

..... under the supremacy clause to the exact same effect. cf. astra usa, inc. v. santa clara county, 563 u. s. ___, ___ (2011) (slip op., at 7) (rejecting contention that contract incorporating statutory terms could be enforced in private action when statute itself could not be; [t]he absence of a private right to enforce the statutory ceiling price obligations would ..... be rendered meaningless if [contracting] entities could overcome that obstacle by suing to enforce the contract s ceiling price obligations instead ). the providers and beneficiaries argue, however, that the traditional exercise of equity jurisdiction supports finding a direct cause of action .....

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Jan 18 2012 (FN)

Golan Vs. Holder

Court : US Supreme Court

Decided on : Jan-18-2012

..... enactment becomes, a nation adhering tothe berne convention. 104a(h)(3). as noted above, see supra, at 3, 164 countries adhere to the berne convention. world intellec-tual property organization, contracting parties: berne convention, www.wipo.int/treaties (as visited jan. 13, 2012, and in clerk of court s case file). 11 from the first copyright act until late in the .....

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Jan 11 2012 (FN)

Pacific Operators Offshore, Llp Vs. Valladolid

Court : US Supreme Court

Decided on : Jan-11-2012

pacific operators offshore, llp v. valladolid note:?where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. the syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions for the convenience of the reader. see united states v. detroit timber & lumber co., 200 u. s. 321 . supreme court of the united states syllabus pacific operators offshore, llp, et al. v. valladolid et al. certiorari to the united states court of appeals for the ninth circuit no. 10 507.?argued october 11, 2011 decided january 11, 2012 petitioner pacific operators offshore, llp (pacific), operates two drilling platforms on the outer continental shelf (ocs) off the california coast and an onshore oil and gas processing facility. employee juan valladolid spent 98 percent of his time working on an offshore platform, but he was killed in an accident while working at the onshore facility. his widow, a respondent here, sought benefits under the longshore and harbor workers compensation act (lhwca), 33 u. s. c. 901 et seq., pursuant to the outer continental shelf lands act (ocsla), which extends lhwca coverage to injuries occurring as the result of operations conducted on the [ocs] for the purpose of extracting natural resources from the shelf, 43 u. s. c. 1333(b). the administrative law judge dismissed her claim, reasoning that 1333(b) did not cover valladolid s fatal injury .....

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Jan 11 2012 (FN)

Perry Vs. New Hampshire

Court : US Supreme Court

Decided on : Jan-11-2012

perry v. new hampshire note:?where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. the syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions for the convenience of the reader. see united states v. detroit timber & lumber co., 200 u. s. 321 . supreme court of the united states syllabus perry v. new hampshire certiorari to the supreme court of new hampshire no. 10 8974.?argued november 2, 2011 decided january 11, 2012 around 3 a.m. on august 15, 2008, the nashua, new hampshire police department received a call reporting that an african-american male was trying to break into cars parked in the lot of the caller s apartment building. when an officer responding to the call asked eyewitness nubia blandon to describe the man, blandon pointed to her kitchen window and said the man she saw breaking into the car was standing in the parking lot, next to a police officer. petitioner barion perry s arrest followed this identification. before trial, perry moved to suppress blandon s identification on the ground that admitting it at trial would violate due process. the new hampshire trial court denied the motion. to determine whether due process prohibits the introduction of an out-of-court identification at trial, the superior court said, this court s decisions instruct a two-step inquiry: the trial court must first decide whether the police used .....

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Jan 10 2012 (FN)

Gonzalez Vs. Thaler

Court : US Supreme Court

Decided on : Jan-10-2012

gonzalez v. thaler note:?where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. the syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions for the convenience of the reader. see united states v. detroit timber & lumber co., 200 u. s. 321 . supreme court of the united states syllabus gonzalez v. thaler, director, texas department of criminal justice, correctional institutions division certiorari to the united states court of appeals for the fifth circuit no. 10 895.?argued november 2, 2011 decided january 10, 2012 after the intermediate state appellate court affirmed his state-court conviction, petitioner gonzalez allowed his time for seeking discretionary review with the state s highest court for criminal appeals to expire. roughly six weeks later, the intermediate state appellate court issued its mandate. when gonzalez subsequently sought federal habeas relief, the district court dismissed gonzalez s petition as time barred by the 1-year statute of limitations in the antiterrorism and effective death penalty act of 1996 (aedpa). under 28 u. s. c. 2244(d)(1)(a), state prisoners have one year to file federal habeas petitions running from the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review. the district court held that gonzalez s judgment had become final .....

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