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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1983 Page 5 of about 89 results (0.084 seconds)

Mar 07 1983 (FN)

Briscoe Vs. Lahue

Court : US Supreme Court

Decided on : Mar-07-1983

briscoe v. lahue - 460 u.s. 325 (1983) u.s. supreme court briscoe v. lahue, 460 u.s. 325 (1983) briscoe v. lahue no. 81-1404 argued november 9, 1982 decided march 7, 1983 460 u.s. 325 certiorari to the united states court of appeals for the seventh circuit syllabus held: title 42 u.s.c. 1983 (1976 ed., supp. v) does not authorize a convicted state defendant to assert a claim for damages against a police officer for giving perjured testimony at the defendant's criminal trial. pp. 460 u. s. 329 -346. (a) the common law provided absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process. section 1983 does not authorize a damages claim against private witnesses. similarly, judges, pierson v. ray, 386 u. s. 547 , and prosecutors, imbler v. pachtman, 424 u. s. 409 , may not be held liable for damages under 1983 for the performance of their respective duties in judicial proceedings. when a police officer appears as a witness, he may reasonably be viewed as acting like any witness sworn to tell the truth, in which event he can make a strong claim to witness immunity. alternatively, he may be regarded as an official performing a critical role in the judicial process, in which event he may seek the benefit afforded to other governmental participants in the same proceeding. nothing in 1983's language suggests that a police officer witness belongs in a narrow, special category lacking protection .....

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Feb 28 1983 (FN)

White Vs. Mass. Council of Constr. Employers

Court : US Supreme Court

Decided on : Feb-28-1983

..... refuse to hire nonresidents competing with citizens for jobs. this anticompetitive and suspect goal will be present whenever a unit of state or local government requires recipients of public contracts or government subsidies to deal only with that government's constituents. congress, in 8(e) of the national labor relations act, has expressly prohibited labor organizations from ..... (decided under the privileges and immunities clause). such restrictions are not immune from attack under the commerce clause solely because the city has imposed them as conditions to its contracts with private employers. in reeve, the court, i thought, carefully explored reasons the policy there at issue might not have been entitled to the market participant exemption, notwithstanding ..... has not attempted merely to choose the "parties with whom [it] will deal." [ footnote 2/2 ] instead, it has imposed as a condition of obtaining a public construction contract the requirement that private firms hire only boston residents for 50% of specified jobs. [ footnote 2/3 ] thus, the order directly restricts the ability of private employers to hire ..... 7 ] justice blackmun's opinion dissenting in part, post, p. 460 u. s. 215 , argues that the mayor's order goes beyond market participation because it regulates employment contracts between public contractors and their employees. we agree with justice blackmun that there are some limits on a state or local government's ability to impose restrictions that reach beyond .....

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Feb 28 1983 (FN)

Maryland Vs. United States

Court : US Supreme Court

Decided on : Feb-28-1983

maryland v. united states - 460 u.s. 1001 (1983) u.s. supreme court maryland v. united states, 460 u.s. 1001 (1983) maryland v. united states nos. 82-953, 82-953, 82 992, 82 1001 decided february 28, 1983 460 u.s. 1001 the judgment is affirmed. mr. justice rehnquist, with whom the chief justice and justice white join, dissenting from summary affirmance. these consolidated cases raise questions concerning the settlement of a civil antitrust suit brought by the united states against american telephone & telegraph co. ("at & t"). in january, 1982, the parties announced a settlement in the form of a consent decree. the proposed settlement was filed in the district court for the district of columbia, which ordered the start of procedures provided for in the antitrust procedures & penalties act, 15 u.s.c. 16(b) et seq. ("the act"). the act provides: "before entering any consent judgment proposed by the united states under this section, the court shall determine that the entry of such judgment is in the public interest." 15 u.s.c. 16(e). the district court issued a lengthy opinion discussing the proposed decree. 552 f.supp. 131 (d.d.c. 1982). it found that most of the decree's provisions were in the public interest, but stated that it would not approve the decree unless the parties agreed to several changes. the parties acquiesced, page 460 u. s. 1002 and the district court then approved and entered the amended decree and a final judgment dismissing the case. the district court .....

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Feb 23 1983 (FN)

Lockheed Aircraft Corp Vs. United States

Court : US Supreme Court

Decided on : Feb-23-1983

..... emergency, and the air national guard pilot was permanently injured. the pilot sued stencel, the manufacturer of the ejection system, for negligence. stencel cross-claimed against the united states for indemnity. its claim, like lockheed's claim in this case, was that it was, at most, passively negligent, while the government's active negligence caused the injuries. both claims ..... "relied on the existence of a contractual relationship between the [third-party] shipowner and the employer." ante at 350 u. s. 196 . the holding of ryan is that a contract that provides for employer liability, like the divided damages rule, is a sufficiently compelling basis of liability to overcome the limitation of liability principle. [ footnote 2/3 ] the parties seek ..... no underlying tort liability on the government's part toward the employee, there was no basis for indemnification. we note that the decision whether or not to allow third-party indemnity actions is a problem common to all workers' compensation systems. professor larson has described this issue as "[p]erhaps the most evenly balanced controversy in all of workers' ..... any other person otherwise entitled to recover damages from the united states . . . because of the injury or death. . . ." the district court, concluding that 8116(c) did not bar the indemnity claim, granted summary judgment for lockheed. on appeal, the united states court of appeals for the district of columbia circuit reversed. thomas v. lockheed aircraft corp., 215 u.s.app .....

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Feb 23 1983 (FN)

Cone Mem. Hosp. Vs. Mercury Constr. Corp.

Court : US Supreme Court

Decided on : Feb-23-1983

..... seeking a declaratory judgment that there was no right to arbitration, that petitioner was not liable to respondent, and that, if it was liable it would be entitled to indemnity from the architect. a few days later, petitioner obtained an ex parte injunction from the state court forbidding respondent to take any steps toward arbitration, but when respondent objected ..... not contest the existence of this agreement, although it asserts that the architect lacked authority to agree to a delay in presentation of claims or to entertain claims after the contract work was completed. in january, 1980, mercury submitted to the architect its claims for delay and impact costs. mercury and the architect discussed the claims over several months ..... award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof." app. 29-30. the contract also specified the time limits for arbitration demands. [ footnote 2 ] construction on the project began in july, 1975. performance was to be completed by october, 1979. [ footnote 3 ..... and oversee the construction project. disputes decided by the architect or not decided within a specified time could be submitted to binding arbitration under an arbitration clause in the contract. subsequently, during construction, respondent submitted claims to the architect for extended overhead or increase in construction costs due to petitioner's delay or inaction. but the claims were .....

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Feb 23 1983 (FN)

Perry Educ. Ass'n Vs. Perry Educators' Ass'n

Court : US Supreme Court

Decided on : Feb-23-1983

..... bargaining negotiations. the board had been found guilty of a prohibited labor practice for permitting a teacher to speak who opposed one of the proposals advanced by the union in contract negotiations. the board was ordered to cease and desist from permitting employees, other than union representatives, to appear and to speak at board meetings on matters subject to collective ..... bargaining agreement entered into by the school district and pea are constitutionally invalid; the indiana statute authorizing such agreements is left untouched. pea suggests, however, that, because a collective bargaining contract has "continuing force and [is] intended to be observed and applied in the future," it is in essence a legislative act, and, therefore a state statute within the meaning ..... employees as members and one of whose primary purposes is representing school employees page 460 u. s. 41 in dealing with their school employer. [ footnote 4 ]" the pea contract with these provisions was renewed in 1980, and is presently in force. the exclusive-access policy applies only to use of the mailboxes and school mail system. plea is not ..... the bargaining unit and its individual members without having to provide equal access to rival unions. [ footnote 3 ] following the election, pea and the school district negotiated a labor contract in which the school board gave pea "access to teachers' mailboxes in which to insert material" and the right to use the interschool mail delivery system to the extent that .....

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Feb 23 1983 (FN)

Connecticut Vs. Johnson

Court : US Supreme Court

Decided on : Feb-23-1983

connecticut v. johnson - 460 u.s. 73 (1983) u.s. supreme court connecticut v. johnson, 460 u.s. 73 (1983) connecticut v. johnson, 460 u.s. 73 (1983) no. 81-927 argued october 13, 1982 decided february 23, 1983 460 u.s. 73 certiorari to the supreme court of connecticut syllabus upon a jury trial in a connecticut state court, respondent was convicted of all the charges under a multicount information, including charges of attempted murder and robbery. the trial court's general instructions to the jury included an instruction that "a person's intention may be inferred from his conduct and every person is conclusively presumed to intend the natural and necessary consequences of his act." in specific instructions on the elements of each crime, the charge as to attempted murder again referred to a conclusive presumption of intent, but the instructions on robbery did not contain any further discussion of intent. while respondent's appeal was pending, this court decided sandstrom v. montana, 442 u. s. 510 , which held that the due process clause of the fourteenth amendment was violated by a jury instruction that "the law presumes that a person intends the ordinary consequences of his voluntary acts," because a reasonable juror might have viewed it as creating a conclusive presumption of intent or as shifting the burden of proof as to intent. sandstrom left open the question whether, if a jury is so instructed, the error can ever be harmless. thereafter, the connecticut supreme court, .....

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Feb 23 1983 (FN)

Dickerson Vs. New Banner Inst., Inc.

Court : US Supreme Court

Decided on : Feb-23-1983

dickerson v. new banner inst., inc. - 460 u.s. 103 (1983) u.s. supreme court dickerson v. new banner inst., inc., 460 u.s. 103 (1983) dickerson v. new banner institute, inc. no. 81-1180 argued november 29, 1982 decided february 23, 1983 460 u.s. 103 certiorari to the united states court of appeals for the fourth circuit syllabus title iv of the gun control act of 1968, 18 u.s.c. 922(g)(1) and (h)(1), makes it unlawful for any person "who has been convicted . . . of . . . a crime punishable by imprisonment for a term exceeding one year" to ship, transport, or receive any firearm or ammunition in interstate commerce. title iv also makes it unlawful to engage in the business of importing, manufacturing, or dealing in firearms without a license from the secretary of the treasury. one ground for denial of a license is where the applicant is under the prohibitions imposed by 922(g)(1) and (h)(1), and if the applicant is a corporation, a license will be denied if a person with power to direct the management of the corporation is under such prohibitions. one kennison, the chairman of the board and a shareholder of respondent corporation, after plea negotiations, pleaded guilty in an iowa state court to the state crime of carrying a concealed handgun. this crime was punishable by a fine or imprisonment for not more than five years, or both. the state court, however, pursuant to an iowa statute, "deferred" entry of a formal judgment and placed kennison on probation. at the completion .....

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Feb 22 1983 (FN)

Associated Gen. Contractors Vs. Carpenters

Court : US Supreme Court

Decided on : Feb-22-1983

..... statutory policy is not applicable here, for plaintiffs allege that they suffered injury as a result of the defendants' efforts to coerce and induce letters of construction contracts and others to deal with nonunion carpentry firms solely because of their nonunion status. if plaintiffs prove their allegations, they will prove that they suffered harm ..... and the alleged restraint in the market for construction subcontracts contains several somewhat vaguely defined links. according to the complaint, defendants applied coercion against certain landowners and other contracting parties in order to cause them to divert business from certain union contractors to nonunion contractors. [ footnote 44 ] as a result, page 459 u. s ..... does allege that defendants' activities weakened and restrained the trade "of certain contractors." see n 4, supra. thus, particular victims of coercion may have diverted particular contracts to nonunion firms, and thereby caused certain unionized subcontractors to lose some business. we think the court of appeals properly assumed that such coercion might violate the antitrust ..... to enter into collective bargaining relationships with plaintiffs and each of them;" "(4) advocated, encouraged, induced, coerced, aided and encouraged owners of land and other letters of construction contracts to hire contractors and subcontractors who are not signatories to collective bargaining agreements with plaintiffs and each of them; " page 459 u. s. 523 "(5) advocated, induced .....

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Jan 24 1983 (FN)

Energy Reserves Group Vs. Kansas P. and L. Co.

Court : US Supreme Court

Decided on : Jan-24-1983

..... is a governmental price escalator clause; this provides that, if a governmental authority fixes a price for any natural gas that is higher than the price specified in the contract, the contract price shall be increased to that level. [ footnote 1 ] the second is a price redetermination page 459 u. s. 404 clause; this gives erg the option ..... relevant present and future state and federal law. [ footnote 22 ] this latter provision could be interpreted to incorporate all future state price regulation, and thus dispose of the contract clause claim. regardless of whether this interpretation is correct, [ footnote 23 ] the provision does suggest that erg knew its contractual rights were subject to alteration by state price regulation ..... consistent with anticipated regulated increases in the value of appellant's gas, not page 459 u. s. 402 that appellant expected to receive deregulated prices. moreover, the contract provision making any contractual term subject to relevant present and future state and federal law suggests that appellant knew its contractual rights were subject to alteration by state price regulation ..... is found, the state, in justification, must have a significant and legitimate public purpose behind the regulation. once such a purpose has been identified, the adjustment of the contracting parties' rights and responsibilities must be based upon reasonable conditions, and must be of a character appropriate to the public purpose justifying the legislation's adoption. pp. 459 u .....

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