Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1983 Page 8 of about 89 results (0.131 seconds)

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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, .....

Tag this Judgment!

Feb 23 1983 (FN)

City of Lockhart Vs. United States

Court : US Supreme Court

Decided on : Feb-23-1983

city of lockhart v. united states - 460 u.s. 125 (1983) u.s. supreme court city of lockhart v. united states, 460 u.s. 125 (1983) city of lockhart v. united states no. 81-802 argued november 3, 1982 decided february 23, 1983 460 u.s. 125 appeal from the united states district court for the district of columbia syllabus prior to 1973, appellant texas city was a "general law" city governed by a commission consisting of a mayor and two commissioners, all serving the same 2-year terms. these offices were filled in even-numbered years through at-large elections using a "numbered post" system whereby the two commission posts were designated by number, and each candidate specified the post for which he or she sought election. in 1973, appellant became a "home rule" city, and adopted a new charter whereby it would be governed by a mayor and four councilmen serving staggered 2-year terms, with the mayor and two councilmen being elected in even-numbered years through at-large elections using the numbered-post system and the other two councilmen being similarly elected in odd-numbered years. forty-seven percent of appellant's population are mexican-american, but, as of 1977, less than 30% of the registered voters were mexican-american. a federal district court in texas, in a 1979 suit by the individual appellee and other mexican-americans, enjoined further elections under the new plan pending preclearance of electoral changes in the charter under 5 of the voting rights act of 1965. the .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Feb 22 1983 (FN)

South Dakota Vs. Neville

Court : US Supreme Court

Decided on : Feb-22-1983

south dakota v. neville - 459 u.s. 553 (1983) u.s. supreme court south dakota v. neville, 459 u.s. 553 (1983) south dakota v. neville no. 81-1453 argued december 8, 1982 decided february 22, 1983 459 u.s. 553 certiorari to the supreme court of south dakota syllabus a south dakota statute permits a person suspected of driving while intoxicated to refuse to submit to a blood alcohol test, but authorizes revocation of the driver's license of a person so refusing the test and permits such refusal to be used against him at trial. when respondent was arrested by police officers in south dakota for driving while intoxicated, the officers asked him to submit to a blood alcohol test and warned him that he could lose his license if he refused, but did not warn him that the refusal could be used against him at trial. respondent refused to take the test. the south dakota trial court granted respondent's motion to suppress all evidence of his refusal to take the blood alcohol test. the south dakota supreme court affirmed on the ground that the statute allowing introduction of evidence of the refusal violated the privilege against self-incrimination. held: 1. the admission into evidence of a defendant's refusal to submit to a blood alcohol test does not offend his fifth amendment right against self-incrimination. a refusal to take such a test, after a police officer has lawfully requested it, is not an act coerced by the officer, and thus is not protected by the privilege against self- .....

Tag this Judgment!

Feb 22 1983 (FN)

Marshall Vs. Lonberger

Court : US Supreme Court

Decided on : Feb-22-1983

marshall v. lonberger - 459 u.s. 422 (1983) u.s. supreme court marshall v. lonberger, 459 u.s. 422 (1983) marshall v. lonberger no. 81-420 argued october 5, 1982 decided february 22, 1983 459 u.s. 422 certiorari to the united states court of appeals for the sixth circuit syllabus in an application in a federal court by a state prisoner for a writ of habeas corpus, 28 u.s.c. 2254(d) establishes a presumption of correctness for "a determination after a hearing on the merits of a factual issue, made by a state court of competent jurisdiction in a proceeding to which the applicant for the writ and the state . . . were parties, evidenced by a written finding, written opinion, or other reliable and adequate written indicia." an exception to this presumption occurs where the federal habeas court, on reviewing the state court record, concludes that the state court's factual finding "is not fairly supported by the record." respondent was convicted of murder at a jury trial in an ohio court. at the trial, the prosecution sought to prove a "specification," for purposes of obtaining the death penalty against respondent. there were admitted into evidence, to be considered only in connection with the specification, a copy of an illinois indictment, a copy of a so-called "conviction statement," and the transcript of a hearing in an illinois trial court in which respondent pleaded guilty to charges in the indictment. before admitting such evidence, the ohio trial court conducted a hearing .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //