Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1988 Page 1 of about 84 results (0.053 seconds)

Jun 20 1988 (FN)

Stewart Organization, Inc. Vs. Ricoh Corp.

Court : US Supreme Court

Decided on : Jun-20-1988

..... , 350 u. s. 202 -204 (1956) (arbitrability); cohen v. beneficial industrial loan corp., 337 u.s. at 337 u. s. 555 -556 (indemnity bond for litigation expenses). nor can or should courts ignore that issues of contract validity are traditionally matters governed by state law. for the reasons stated, i respectfully dissent. * contrary to the opinion of the court, there is ..... controls the issue of the validity of the clause between the parties. * page 487 u. s. 36 second, 1404(a) was enacted against the background that issues of contract, including a contract's validity, are nearly always governed by state law. it is simply contrary to the practice of our system that such an issue should be wrenched from state control ..... products of respondent, a nationwide manufacturer with its principal place of business in new jersey. the agreement contained a forum-selection clause providing that any dispute arising out of the contract could be brought only in a court located in manhattan. [ footnote 1 ] business relations between the parties soured under circumstances that are not relevant here. in september, 1984, ..... market copier products of respondent, a nationwide manufacturer with its principal place of business in new jersey. the agreement contained a clause providing that any dispute arising out of the contract could be brought only in a court located in manhattan, in new york city. petitioner company (and the individual stockholder petitioners) filed a diversity action in the united states .....

Tag this Judgment!

Jun 15 1988 (FN)

Sun Oil Co. Vs. Wortman

Court : US Supreme Court

Decided on : Jun-15-1988

..... relief cannot be granted in this court unless decisions plainly contradicting the kansas court's interpretations were brought to the kansas court's attention. see, e.g., western life indemnity co. v. rupp, 235 u. s. 261 , 235 u. s. 275 (1914) ("if such decision existed, it was incumbent upon defendant to prove ..... u. s. 740 , of the criticism by the plurality opinion in allstate ins. co. v. hague, 449 u. s. 302 (1981), of hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 (1934), is not to the contrary. that criticism merely rejected the view that the constitution enshrines ..... court's attention. see, e.g., pennsylvania fire ins. co. v. gold issue mining & milling co., 243 u. s. 93 , 243 u. s. 96 (1917); western life indemnity co. v. rupp, 235 u. s. 261 , 235 u. s. 275 (1914); louisville & n. r. co. v. melton, 218 u. s. 36 , 218 u. ..... that the society which adopted the constitution did not regard statutes of limitations as substantive provisions, akin to the rules governing the validity and effect of contracts, but rather as procedural restrictions fashioned by each jurisdiction for its own courts. as chancellor kent explained in his landmark work, 2 j. kent, ..... 1 u.l.a. 44, 84, 85 (1976); restatement (second) of contracts 221, and comment a (1981). the kansas supreme court considered petitioner's undertaking with the fpc (as well as the reference to a similar undertaking in an indemnity agreement proposed by another oil company to its lessors) to be evidence of an .....

Tag this Judgment!

Jun 17 1988 (FN)

Lakewood Vs. PlaIn Dealer Publ. Co.

Court : US Supreme Court

Decided on : Jun-17-1988

..... any express standards governing newsrack design, the design approval requirement effectively gives the board unbridled discretion to deny applications. finally, a majority of the panel decided that the indemnity and insurance requirements for newsrack owners violate the first amendment because no similar burdens are placed on owners of other structures on public property. [ footnote 3 ] the ..... oral arg. 28. the city contended at argument (without dispute from the plain dealer) that it is lakewood's policy to place indemnification and insurance requirements in all city rental contracts at this time. see ibid. henceforth, then, the preexisting nonindemnifying structures on city property will become the "isolated exceptions, and not the rule." see minneapolis star & tribune ..... of cleveland -- where it has located newsracks on public property. app. 401. [ footnote 2/17 ] in addition, it may be beyond lakewood's control to impose indemnity and insurance requirements on those entities that have structures on public property that predate the city's recent legislation. according to appellant, many of these placements of utility poles, signal ..... the ordinance is quoted in full in the opinion below. 794 f.2d 1139, 1141, n. 1 (ca6 1986). [ footnote 3 ] the city asserts that it will apply the indemnity and insurance requirements to all structures on public property except as to the public utilities (telephone booths, utility poles, and bus shelters) already extant on public property when 901.181 .....

Tag this Judgment!

Dec 12 1988 (FN)

Beech Aircraft Corp. Vs. Rainey

Court : US Supreme Court

Decided on : Dec-12-1988

..... with certainty. the two pilots' surviving spouses brought a product liability suit against petitioners beech aircraft corporation, the plane's manufacturer, and beech aerospace services, which serviced the plane under contract with the navy. [ footnote 1 ] the plaintiffs alleged that the crash had been page 488 u. s. 157 caused by a loss of engine power, known as "rollback," due to .....

Tag this Judgment!

Dec 06 1988 (FN)

Pittston Coal Gp. Vs. Sebben

Court : US Supreme Court

Decided on : Dec-06-1988

..... secretary to reject a reading of the blbra that would mandate a presumption of total disability caused by pneumoconiosis for every short-term miner who could establish that he had contracted simple pneumoconiosis, which "is generally regarded by physicians as seldom productive of significant respiratory impairment." usery v. turner elkhorn mining co., 428 u. s. 1 , 428 u. s. ..... to refer to "medical criteria" only: all available data plainly demonstrate that pneumoconiosis is a progressive disease, and that, although miners with fewer than 10 years of underground employment sometimes contract simple page 488 u. s. 147 pneumoconiosis, they rarely, if ever, develop disabling cases of the disease. although the court is quite correct in saying that "we do not ..... the regulation a meaning that comports with the abundant evidence that coal miners page 488 u. s. 130 with fewer than 10 years of underground employment seldom, if ever, contract disabling pneumoconiosis. in other words, the regulatory presumption is entirely reasonable if it includes a 10-year requirement. but it is most unreasonable if it does not. third, if ..... especially noteworthy for two reasons. first, it reminds us of the important fact that pneumoconiosis is a progressive disease. although miners with only a few years of underground employment sometimes contract simple pneumoconiosis, they seldom, if ever, develop disabling cases of the disease unless they have worked in the mines for at least 10 years. see 488 u. s. infra .....

Tag this Judgment!

Nov 14 1988 (FN)

Lockhart Vs. Nelson

Court : US Supreme Court

Decided on : Nov-14-1988

lockhart v. nelson - 488 u.s. 33 (1988) u.s. supreme court lockhart v. nelson, 488 u.s. 33 (1988) lockhart v. nelson no. 87-1277 argued october 3, 1988 decided november 14, 1988 488 u.s. 33 certiorari to the united states court of appeals for the eighth circuit syllabus arkansas' habitual criminal statute provides that a defendant who is convicted of a class b felony may be sentenced to an enhanced term of imprisonment if the state proves beyond a reasonable doubt, at a separate sentencing hearing, that he has at least four prior felony convictions. at respondent's sentencing hearing following his guilty plea to a class b felony, the state introduced certified copies of four prior felony convictions, one of which, unbeknownst to the prosecutor, had been pardoned by the governor. the case was submitted to the jury, which found that the state had met its burden of proving four prior felony convictions and imposed an enhanced sentence. several years later, respondent sought a writ of habeas corpus in the united states district court, contending that the enhanced sentence was invalid because one of the convictions used to support it had been pardoned. the district court determined that the conviction in question had in fact been pardoned, and set aside the enhanced sentence. the district court then held, in reliance on burks v. united states, 437 u. s. 1 (1978), that the double jeopardy clause prohibited the state from attempting to resentence respondent as a habitual offender .....

Tag this Judgment!

Jun 29 1988 (FN)

Bowen Vs. Massachusetts

Court : US Supreme Court

Decided on : Jun-29-1988

..... 2). in 1982, the tucker act was again amended to give the claims court exclusive jurisdiction to grant declaratory and equitable relief "on any contract claim brought before the contract is awarded." 28 u.s.c. 1491(a)(3). [ footnote 2/2 ] the court points out that "the specific agency action that ..... idaho migrant council, inc. v. united states, 9 cl.ct. at 89. the medicaid act itself can be analogized to a unilateral offer for contract -- offering to pay specified sums in return for the performance of specified services and inviting the states to accept the offer by performance. but regardless of ..... , those suits will not lie in district court either. it is settled that sovereign immunity bars a suit against the united states for specific performance of a contract, see larson v. domestic & foreign commerce corp., 337 u. s. 682 (1949), and that this bar was not disturbed by the 1976 amendment to ..... plaintiff of the precise property that has been wrongfully taken, or by enjoining acts that would damage the plaintiff's person or property. see 5a a. corbin, contracts 1141, p. 113 (1964); dobbs, supra, at 135. the use of the term "damages" (or "money damages") in a context dealing with ..... installments); joyce v. davis, 539 f.2d 1262, 1265 (10th cir.1976) (specific performance of a promise to pay money bonus under a royalty contract)." "in the present case, maryland is seeking funds to which a statute allegedly entitles it, rather than money in compensation for the losses, whatever they may .....

Tag this Judgment!

Jun 29 1988 (FN)

Commun. Workers of Amer. Vs. Beck

Court : US Supreme Court

Decided on : Jun-29-1988

..... u. s. 225 (1956), that, because the rla preempts all state laws banning union security agreements, the negotiation and enforcement of such provisions in railroad industry contracts involves "governmental action," and is therefore subject to constitutional limitations. accordingly, in street, we interpreted 2, eleventh to avoid the serious constitutional question that would ..... respondents, 20 employees who chose not to become union members, initiated this suit challenging cwa's use of their agency fees for purposes other than collective bargaining, contract administration, or grievance adjustment page 487 u. s. 740 (hereinafter "collective bargaining" or "representational" activities). specifically, respondents alleged that the union's expenditure of ..... whether this provision also permits a union, over the objections of dues-paying nonmember employees, to expend funds so collected on activities unrelated to collective bargaining, contract administration, or grievance adjustment, and, if so, whether such expenditures violate the union's duty of fair representation or the objecting employees' first amendment rights. ..... not to become union members, filed this suit in federal district court, challenging cwa's use of their agency fees for purposes other than collective bargaining, contract administration, or grievance adjustment (hereinafter "collective bargaining" activities). they alleged that expenditure of their fees on activities such as organizing the employees of other employers .....

Tag this Judgment!

Jun 29 1988 (FN)

United States Vs. Kozminski

Court : US Supreme Court

Decided on : Jun-29-1988

..... for assault or battery, or for using bad language in a coercive way. neither are they on trial for neglect, for misappropriation of money, or for breach of an employment contract. your attention page 487 u. s. 975 must be directed to the discrete charge outlined in these instructions." "you will note that element one requires proof that the victim ..... slavery; serfdom; bondage; state of compulsory subjection to a master. . . . in french and english colonies of the 17th and 18th centuries, the condition of transported or colonial laborers who, under contract or by custom, rendered service with temporary and limited loss of political and personal liberty'"). |487 u.s. 931app| appendix relevant jury instructions (app. to pet. for cert. 108a-114a ..... slavery; serfdom; bondage; state of compulsory subjection to a master. . . . in french and english colonies of the 17th and 18th centuries, the condition of transported or colonial laborers who, under contract or by custom, rendered service with temporary and limited loss of political and personal liberty." webster's new international dictionary of the english language. and in 1913 and 1944, funk ..... thirteenth amendment, such as "the right of parents and guardians to the custody of their minor children or wards," id. at 165 u. s. 282 , or laws preventing sailors who contracted to work on vessels from deserting their ships. id. at 165 u. s. 288 . putting aside such exceptional circumstances, none of which are present in this case, our precedents .....

Tag this Judgment!

Jun 29 1988 (FN)

Bowen Vs. Kendrick

Court : US Supreme Court

Decided on : Jun-29-1988

bowen v. kendrick - 487 u.s. 589 (1988) u.s. supreme court bowen v. kendrick, 487 u.s. 589 (1988) bowen v. kendrick no. 87-253 argued march 30, 1988 decided june 29, 1988 * 487 u.s. 589 appeal from the united states district court for the district of columbia syllabus a group of federal taxpayers, clergymen, and the american jewish congress (hereinafter appellees) filed this action in federal district court, seeking declaratory and injunctive relief, and challenging the constitutionality, under the religion clauses of the first amendment, of the adolescent family life act (afla or act), which authorizes federal grants to public or nonprofit private organizations or agencies for services and research in the area of premarital adolescent sexual relations and pregnancy. the act provides, inter alia, that a grantee must furnish certain types of services, including various types of counseling and education relating to family life and problems associated with adolescent premarital sexual relations; that the complexity of the problem requires the involvement of religious and charitable organizations, voluntary associations, and other groups in the private sector, as well as governmental agencies; and that grantees may not use funds for certain purposes, including family planning services and the promotion of abortion. federal funding under the act has gone to a wide variety of recipients, including organizations with institutional ties to religious denominations. granting summary .....

Tag this Judgment!


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