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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1977 Page 3 of about 74 results (0.068 seconds)

May 23 1977 (FN)

Territory of Guam Vs. Olsen

Court : US Supreme Court

Decided on : May-23-1977

territory of guam v. olsen - 431 u.s. 195 (1977) u.s. supreme court territory of guam v. olsen, 431 u.s. 195 (1977) territory of guam v. olsen no. 76-439 argued march 29, 1977 decided may 23, 1977 431 u.s. 195 certiorari to the united states court of appeals for the ninth circuit syllabus provision of 22 of the 1950 organic act of guam that the district court of guam "shall have such appellate jurisdiction as the [guam] legislature may determine" held not to authorize the guam legislature to divest the district court's appellate jurisdiction under the act to hear appeals from local guam courts, and to transfer that jurisdiction to the newly created guam supreme court, but to empower the legislature to "determine" that jurisdiction only in the sense of the selection of what should constitute appealable causes. this conclusion is supported not only by the text of 22, which expressly authorizes only a "transfer" of the district court's original local jurisdiction, but also by the absence of any clear signal from congress that it intended to allow the guam legislature to foreclose appellate review by art. iii courts, including this court, of territorial courts' decisions in federal question cases; by the act's legislative history; and by the fact that, if the word "determine" were read as giving guam the power to transfer the district court's appellate jurisdiction to the guam supreme court and at the same time to authorize guam to deny review of the district court's decisions .....

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Apr 27 1977 (FN)

United States Trust Co. Vs. New Jersey

Court : US Supreme Court

Decided on : Apr-27-1977

..... 4. thus, the differential standard in perry emerged from the collision of competing grants of power to the federal government, and did not purport to suggest that the contract clause -- or its federal counterpart, the fifth amendment -- standing alone, would produce different standards for reviewing governmental interference with public and private contractual obligations. [ footnote 2 ..... legislators will not automatically be bound by the policies and undertakings of earlier days. in accordance with this philosophy, the framers of our constitution conceived of the contract clause primarily as protection for economic transactions entered into by purely private parties, rather than obligations involving the state itself. see g. gunther, constitutional law 604 ..... its statutory procedure for enforcing certain municipal assessments against property owners. the holders of bonds for which the assessments were pledged as security were found to have contract rights in the previous statutory scheme. without classifying the enforcement statutes as substantive or remedial, the court held the change unconstitutional because it "[took] from ..... important public interests in mass transportation, energy conservation, and environmental protection. 134 n.j.super. at 194-195, 338 a.2d at 873. yet the contract clause limits otherwise legitimate exercises of state legislative authority, and the existence of an important public interest is not always sufficient to overcome that limitation. "undoubtedly, .....

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Apr 26 1977 (FN)

United States Vs. Consumer Life Ins. Co.

Court : US Supreme Court

Decided on : Apr-26-1977

..... consent, once given, may not be rescinded except with the approval of the secretary or his delegate." "(b) definition of modified coinsurance contract." "for purposes of this section, the term 'modified coinsurance contract' means an indemnity reinsurance contract under the terms of which -- " "(1) a life insurance company (hereinafter referred to as 'the reinsurer') agrees to indemnify another ..... from the one presented here, is simply unintelligible if congress thought that 801 embodied an unvarying rule that reserves follow the risk. a conventional coinsurance contract is a particular form of indemnity reinsurance. [ footnote 28 ] the reinsurer agrees to reimburse the ceding company for a stated portion of obligations arising out of the covered policies. ..... 11). the difference in computation methods is not material for present purposes. [ footnote 7 ] each was an indemnity reinsurance treaty, obligating the reinsurer to reimburse the ceding company for its share of losses. such treaties constitute contracts between the companies only; the policyholders are not involved, and usually remain unaware that part or all of the ..... companies to invest the dollars, and, under the treaties, they kept all resulting investment income. nor were they mere "paymasters," as the government contends, for indemnity reinsurance of this type does not relieve the ceding company of its responsibility to policyholders. had the taxpayers become insolvent, the insurer still would have been obligated to .....

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Apr 04 1977 (FN)

Rosebud Sioux Tribe Vs. Kneip

Court : US Supreme Court

Decided on : Apr-04-1977

..... today's decision. but beyond these jurisdictional consequences, the holding today places a grave cloud over the property rights of both the tribe and the indians living off the newly contracted reservation. with respect to the tribe, 4,600 acres in the opened counties were returned to it pursuant to the indian reorganization act of 1934, 48 stat. 984, after the .....

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Mar 23 1977 (FN)

Castaneda Vs. Partida

Court : US Supreme Court

Decided on : Mar-23-1977

castaneda v. partida - 430 u.s. 482 (1977) u.s. supreme court castaneda v. partida, 430 u.s. 482 (1977) castaneda v. partida no. 75-1552 argued november 9, 1976 decided march 23, 1977 430 u.s. 482 certiorari to the united states court of appeal for the fifth circuit syllabus under texas' "key man" system for selecting grand juries, jury commissioners are appointed by a state district judge to select prospective jurors from different portions of the county, after which the district judge proceeds to test their qualifications. a grand juror, in addition to being a citizen of the state and of the county in which he is to serve and a qualified voter in the county, must be "of sound mind and good moral character," be literate, have no prior felony conviction, and be under no pending indictment or other accusation. after respondent, a mexican-american, had been convicted of a crime in a texas district court and had exhausted his state remedies on his claim of discrimination in the selection of the grand jury that had indicted him, he filed a habeas corpus petition in the federal district court, alleging a denial of due process and equal protection under the fourteenth amendment, because of gross underrepresentation of mexican-americans on the county grand juries. on the basis of the evidence before it, the district court concluded that respondent had made out a weak prima facie case of invidious discrimination, and, on balance, the court's doubts about the reliability of .....

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Mar 23 1977 (FN)

Atlas Roofing Co., Inc. Vs. Occupational Safety Comm'n

Court : US Supreme Court

Decided on : Mar-23-1977

..... in only those situations involving "public rights," e.g., where the government is involved in its sovereign capacity under an otherwise valid statute creating enforceable public rights. wholly private tort, contract, and property cases, as well as a vast range of other cases, are not at all implicated. more to the point, it is apparent from the history of jury trial ..... . otherwise, the case would be tried to a court of equity sitting without a jury. thus, suits for damages for breach of contract, for example, were suits at common law with the issues of the making of the contract and its breach to be decided by a jury; but specific performance was a remedy unavailable in a court of law, and, where .....

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Mar 23 1977 (FN)

Santa Fe Industries, Inc. Vs. Green

Court : US Supreme Court

Decided on : Mar-23-1977

..... ); shell v. henley, 430 f.2d 819, 825 (ca5 1970) (derivative suit alleging that corporate officers used misleading proxy materials and other reports to deceive shareholders regarding a bogus employment contract intended to conceal improper payments to the corporation president and regarding purchases by the corporation of certain securities at excessive prices); rekant v. desser, 425 f.2d 872, 882 (ca5 .....

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Mar 23 1977 (FN)

Brewer Vs. Williams

Court : US Supreme Court

Decided on : Mar-23-1977

..... argued that this agreement may not have been an enforceable one. but we do not deal here with notions of offer, acceptance, consideration, or other concepts of the law of contracts. we deal with constitutional law. and every court that has looked at this case has found an "agreement" in the sense of a commitment made by the des moines police .....

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Mar 22 1977 (FN)

Juidice Vs. Vail

Court : US Supreme Court

Decided on : Mar-22-1977

juidice v. vail - 430 u.s. 327 (1977) u.s. supreme court juidice v. vail, 430 u.s. 327 (1977) juidice v. vail no. 75-1397 argued november 30, 1976 decided march 22, 1977 430 u.s. 327 appeal from the united states district court for the southern district of new york syllabus following their failure to satisfy judgments against them in various civil actions in new york state courts, appellees, pursuant to provisions of the new york judiciary law, were held in contempt by appellant justices, and, except for appellees ward and rabasco, were fined and imprisoned for disobeying subpoenas to appear in supplemental proceedings brought by the respective judgment creditors in an attempt to collect the judgments. appellees subsequently brought a class action against appellants in federal district court under 42 u.s.c. 1983, seeking to have the statutory provisions authorizing contempt enjoined on federal constitutional grounds not raised in the state proceedings. by the time this action was filed all the appellees, except ward and rabasco, had paid their fines and were released from jail, whereas ward and rabasco alleged that they were threatened with imprisonment. the district court declared the statute unconstitutional and enjoined its enforcement. held: 1. only appellees ward and rabasco have standing to seek injunctive relief, since they are subject to pending proceedings in the state courts. the other appellees, absent any allegation or finding that they were threatened with .....

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Mar 07 1977 (FN)

Nolde Bros., Inc. Vs. Bakery Workers

Court : US Supreme Court

Decided on : Mar-07-1977

..... of the union, and the employer had closed its business. i think this conclusion is neither required by existing precedent nor based upon any realistic appraisal of the contracting parties' intent. our cases, to be sure, have established the importance of arbitration in resolving disputes arising under collective bargaining agreements, and in thereby maintaining peaceful labor ..... be deemed to have been conscious of this policy when they agree to resolve their contractual differences through arbitration. consequently, the parties' failure to exclude from arbitrability contract disputes arising after termination, far from manifesting an intent to have arbitration obligations cease with the agreement, affords a basis for concluding that they intended to arbitrate all ..... to end automatically with the contract. pp. 430 u. s. 252 -253. (c) the parties clearly expressed their preference for an arbitral, rather than a judicial, interpretation of their obligations, and ..... established by the agreement. page 430 u. s. 244 there is nothing in the arbitration clause that expressly excluded from its operation a dispute arising under the contract but based on events occurring after its termination. absent some contrary indication, there are strong reasons to conclude that the parties did not intend their arbitration obligations .....

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