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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Year: 1998 Page 1 of about 56 results (0.083 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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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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Jan 21 1998 (FN)

Feltner Vs. Columbia Pictures Television, Inc.

Court : US Supreme Court

Decided on : Jan-21-1998

feltner v. columbia pictures television, inc. - 523 u.s. 340 (1998) october term, 1997 syllabus feltner v. columbia pictures television, inc. certiorari to the united states court of appeals for the ninth circuit no. 96-1768. argued january 21, 1998-decided march 31,1998 respondent columbia pictures television, inc., terminated agreements licensing several television series to three television stations owned by petitioner feltner after the stations' royalty payments became delinquent. when the stations continued to broadcast the programs, columbia sued feltner and others for, inter alia, copyright infringement. columbia won partial summary judgment as to liability on its copyright infringement claims and then exercised the option afforded by 504(c) of the copyright act of 1976 (act) to recover statutory damages in lieu of actual damages. the district court denied feltner's request for a jury trial, and awarded columbia statutory damages following a bench trial. the ninth circuit affirmed, holding that neither 504(c) nor the seventh amendment provides a right to a jury trial on statutory damages. held: 1. there is no statutory right to a jury trial when a copyright owner elects to recover statutory damages. section 504(c) makes no mention of a right to a jury trial or to juries at all, providing instead that damages should be assessed in an amount "the court deems just," and that in the event that "the court finds" an infringement that is willful or innocent, "the court in .....

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Jan 21 1998 (FN)

Kawaauhau Vs. Geiger

Court : US Supreme Court

Decided on : Jan-21-1998

..... the wheel of an automobile to make a left-hand turn without first checking oncoming traffic-could fit the description. see 113 f. 3d, at 852. a "knowing breach of contract" could also qualify. see ibid. a construction so broad would be incompatible with the "well-known" guide that exceptions to discharge "should be confined to those plainly expressed." gleason v .....

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Jan 26 1998 (FN)

Oubre Vs. Entergy Operations, Inc.

Court : US Supreme Court

Decided on : Jan-26-1998

..... proposition, however, the court leaps to the conclusion that the owbp a supplants the common-law doctrines of ratification and tender back. the doctrine of ratification (also known in contract law as affirmation) provides that a party, after discovering a defect in the original release, can make binding that otherwise voidable release either explicitly or by failing timely to return ..... law of waivers or releases on adea claims and incorporates no exceptions or qualifications. the text of the owbp a forecloses the employer's defense, notwithstanding how general contract principles would apply to non-adea claims. the rule proposed by the employer would frustrate the statute's practical operation as well as its formal command. in many instances ..... cannot with ease presume ratification of that which congress forbids. the owbp a sets up its own regime for assessing the effect of adea waivers, separate and apart from contract law. the statute creates a series of prerequisites for knowing and voluntary waivers and imposes affirmative duties of disclosure and waiting periods. the owbp a governs the effect under federal ..... release of her adea claims, since the retention did not comply with the owbpa any more than the original release did. accordingly, even if entergy has correctly stated the contract ratification and equitable estoppel principles on which it relies, its argument is unavailing because the authorities it cites do not consider the owbpa's commands. moreover, enter- 423 gy .....

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Jan 26 1998 (FN)

Allentown Mack Sales and Service, Inc. Vs. Nlrb

Court : US Supreme Court

Decided on : Jan-26-1998

..... n. l. r. b. 996 (1972), which is then entitled to a conclusive presumption of majority support for a reasonable time to permit bargaining. if an agreement is reached, a contract bar will apply. auciello iron works, inc. v. nlrb, 517 u. s. 781 ,791 (1996). a losing employer thus would be barred for some time from conducting another poll. 386 ..... , supra, at 37, is not its be-all and end-all. that goal would not justify, for example, allowing a nonmajority union to remain in place (after a certification or contract bar has expired) simply by denying employers any effective means of ascertaining employee views. i conclude that the board's standard restricts polling in the absence of coercion or restraint ..... of "hiding the ball": nlrb policymaking and the failure of judicial review, 75 b. u. l. rev. 387, 394-395 (1995) (footnotes omitted). see also weeks, the union's mid-contract loss of majority support: a waivering presumption, 20 wake forest l. rev. 883, 889 (1984). members of this court have observed the same phenomenon. see nlrb v. curtin matheson scientific ..... ) did not want the union. on january 2,1991, local 724 asked allentown mack sales to recognize it as the employees' collective-bargaining representative, and to begin negotiations for a contract. the new employer rejected that request by letter dated january 25, claiming a "good faith doubt as to support of the union among the employees." id., at 1205. the letter .....

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Feb 23 1998 (FN)

Hopkins Vs. Reeves

Court : US Supreme Court

Decided on : Feb-23-1998

hopkins v. reeves - 524 u.s. 88 (1998) october term, 1997 syllabus hopkins, warden v. reeves certiorari to the united states court of appeals for the eighth circuit no. 96-1693. argued february 23, 1998-decided june 8,1998 respondent was indicted on two counts of felony murder under nebraska law. the nebraska first-degree murder statute defines felony murder as murder committed in the perpetration of certain enumerated felonies, including, as relevant here, sexual assault and attempt to commit sexual assault in the first degree. under nebraska law, intent to kill is conclusively presumed if the state proves intent to commit the underlying felony. a felony-murder conviction makes a defendant eligible for the death penalty, which in nebraska is imposed judicially, not by the trial jury. the trial court refused respondent's request to instruct the jury on second-degree murder and manslaughter on the ground that the state supreme court consistently has held that these crimes are not lesser included offenses of felony murder. respondent's jury then convicted him on both felony-murder counts, and a three-judge panel sentenced him to death. mter exhausting his state remedies, respondent filed a federal habeas corpus petition, claiming, inter alia, that the trial court's failure to give the requested instructions was unconstitutional under beck v. alabama, 447 u. s. 625 , in which this court invalidated an alabama law that prohibited lesser included offense instructions in capital .....

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Feb 24 1998 (FN)

Cass County Vs. Leech Lake Band of Chippewa Indians

Court : US Supreme Court

Decided on : Feb-24-1998

..... charge or incumbrance whatsoever .... and if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void .... " 25 u. s. c. 348. section 6 of the gaa, as originally enacted in 1887, provided .....

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