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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1990 Page 1 of about 75 results (0.056 seconds)

1990

Fmc Corp. Vs. Holliday

Court : US Supreme Court

Decided on : Jan-01-1990

..... the broader category of state laws that fall within the saving clause only. the act regulates persons in addition to insurance companies, and affects subrogation and indemnity agreements that are not necessarily insurance contracts. yet because it most assuredly is not a law "purporting" to regulate any of the entities described in the deemer clause -- "insurance companies, ..... of benefits," reads: "(a) general rule. -- except for workers' compensation, a policy of insurance issued or delivered pursuant to this subchapter shall be primary. any program, group contract or other arrangement for payment of benefits such as described in section 1711 (relating to required benefits), 1712(1) and (2) (relating to availability of benefits) or 1715 ( ..... claimant's tort recovery with respect to . . . benefits . . . payable under section 1719. [ footnote 1 ]" section 1719 refers to benefit payments by "[a]ny program, group contract or other arrangement." [ footnote 2 ] page 498 u. s. 56 respondent, proceeding in diversity, then sought and received a declaratory judgment in federal district court that 1720 prohibits fmc's ..... district court that 1720 of pennsylvania's motor vehicle financial responsibility law -- which precludes reimbursement from a claimant's tort recovery for benefit payments by a program, group contract, or other arrangement -- prohibits fmc's exercise of subrogation rights. the court of appeals affirmed, holding that the employee retirement income security act of 1974 (erisa), .....

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Jun 27 1990 (FN)

Lewis Vs. Jeffers

Court : US Supreme Court

Decided on : Jun-27-1990

lewis v. jeffers - 497 u.s. 764 (1990) u.s. supreme court lewis v. jeffers, 497 u.s. 764 (1990) lewis v. jeffers no. 89-189 argued feb. 21, 1990 decided june 27, 1990 497 u.s. 764 certiorari to the united states court of appeals for the ninth circuit syllabus in affirming respondent jeffers' first-degree murder conviction and death sentence, the arizona supreme court, inter alia, independently reviewed the evidence supporting the trial court's finding of the statutory aggravating circumstance that the crime was committed "in an especially heinous, cruel or depraved manner." the court noted its recent ruling that the infliction of gratuitous violence on the victim is among the factors to be considered in determining whether the murder was "especially heinous . . . and depraved," and found the presence of this factor in light of evidence that jeffers had climbed on top of the dead victim and hit her in the face several times, causing additional wounds and bleeding. noting further that the apparent relish with which the defendant commits the murder is another relevant factor under its decisions, the court concluded that jeffers' relish for his crime was evidenced by testimony that, while he was beating the dead victim, he called her a "bitch" and a "dirty snitch" and stated, as each blow landed, that "[t]his one is for" someone on whom he felt she had informed. the federal district court denied jeffers' habeas corpus petition. the court of appeals agreed with the district court .....

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Jun 25 1990 (FN)

Cruzan Vs. Director, Mdh

Court : US Supreme Court

Decided on : Jun-25-1990

..... of the persistent vegetative state patient, 39 neurology 125 (jan.1989). [ footnote 3/10 ] nancy cruzan, for instance, is totally and permanently disabled. all four of her limbs are severely contracted; her fingernails cut into her wrists. app. to pet. for cert. a93. she is incontinent of bowel and bladder. the most intimate aspects of her existence are exposed to and ..... her grimacing perhaps in recognition of ordinarily painful stimuli, indicating the experience of pain and apparent response to sound; (5) she is a spastic quadriplegic; (6) her four extremities are contracted with irreversible muscular and tendon damage to all extremities; (7) she has no cognitive or reflexive ability to swallow food or water to maintain her daily essential needs and . . . she ..... of wills 19.3-19.5, pp. 61-71 (1960). there is no doubt that statutes requiring wills to be in writing, and statutes of frauds which require that a contract to make a will be in writing, on occasion frustrate the effectuation of the intent of a particular decedent, just as missouri's requirement of proof in this case may ..... higher one, has traditionally been imposed in cases involving allegations of civil fraud, and in a variety of other kinds of civil cases involving such issues as . . . lost wills, oral contracts to make bequests, and the like." woodby, supra, 385 u.s. at 385 u. s. 285 , n. 18. we think it self-evident that the interests at stake in the .....

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Jun 25 1990 (FN)

Hodgson Vs. Minnesota

Court : US Supreme Court

Decided on : Jun-25-1990

..... . but see michael h., 491 u.s. at 491 u. s. 123 -127 (plurality opinion). while the state has a legitimate interest in the creation and dissolution of the marriage contract, see sosna v. iowa, 419 u. s. 393 , 419 u. s. 404 (1975); maynard v. hill, 125 u. s. 190 , 125 u. s. 205 (1888), the family has a privacy .....

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Jun 21 1990 (FN)

MaislIn Indus. Vs. Primary Steel

Court : US Supreme Court

Decided on : Jun-21-1990

..... amendments of any relevance to the requirement of 10761(a) that a carrier collect no rate other than the filed rate are those that remove certain preexisting barriers to motor contract carriage, see generally central & southern motor freight tariff association, inc. v. united states, 244 u.s.app.d.c. 226, 757 f.2d 301, 311-312 (1985) (per curiam ..... been considered sufficient to justify a less stringent interpretation of 10761. [ footnote 13 ] the act specifically provides that the commission may "grant relief" from the filing requirements to motor contract carriers "when relief is consistent with the public interest and the transportation policy." 10761(b), 10762(f); see also 10702(b). the commission concluded that granting a class-wide exemption ..... aside, this rate is made, for all purposes, the legal rate, as between carrier and shipper. the rights as defined by the tariff cannot be varied or enlarged by either contract or tort of the carrier. . . . this stringent rule prevails because, otherwise, the paramount purpose of congress -- prevention of unjust discrimination -- might be defeated." (citations omitted.) see square d co. ..... frontier traffic bureau, inc., 476 u. s. 409 , 476 u. s. 420 . the fact that, even before the mca's passage, congress had allowed the icc to exempt motor contract carriers from the requirement that they adhere to the published tariff, see 10761(b), demonstrates that congress is aware of the requirement, and has deliberately chosen not to disturb it .....

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Jun 11 1990 (FN)

United States Vs. Eichman

Court : US Supreme Court

Decided on : Jun-11-1990

united states v. eichman - 496 u.s. 310 (1990) u.s. supreme court united states v. eichman, 496 u.s. 310 (1990) united states v. eichman nos. 89-1433, 89-1434 argued may 14, 1990 decided june 11, 1990 496 u.s. 310 appeal from the district court for the district of columbia syllabus after this court held, in texas v. johnson, 491 u. s. 397 , that a texas statute criminalizing desecration of the united states flag in a way that the actor knew would seriously offend onlookers was unconstitutional as applied to an individual who had burned a flag during a political protest, congress passed the flag protection act of 1989. the act criminalizes the conduct of anyone who "knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon" a united states flag, except conduct related to the disposal of a "worn or soiled" flag. subsequently, appellees were prosecuted in the district courts for violating the act: some for knowingly burning several flags while protesting various aspects of the government's policies and others, in a separate incident, for knowingly burning a flag while protesting the act's passage. in each case, appellees moved to dismiss the charges on the ground that the act violates the first amendment. both district courts, following johnson, supra, held the act unconstitutional as applied, and dismissed the charges. held: appellees' prosecution for burning a flag in violation of the act is inconsistent with the first .....

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Jun 11 1990 (FN)

Howlett Vs. Rose

Court : US Supreme Court

Decided on : Jun-11-1990

..... -189 (1947); douglas v. new york, n.h. & h.r. co., 279 u. s. 377 (1929); cf. 80 u. s. hart, 13 wall. 646, 80 u. s. 653 -654 (1872) (contract clause). as our discussion of testa, mcknett, and mondou establishes, the same is true with respect to a state court's obligations under the supremacy clause. [ footnote 26 ] the force .....

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May 29 1990 (FN)

Taylor Vs. United States

Court : US Supreme Court

Decided on : May-29-1990

taylor v. united states - 495 u.s. 575 (1990) u.s. supreme court taylor v. united states, 495 u.s. 575 (1990) taylor v. united states no. 88-7194 argued feb. 28, 1990 decided may 29, 1990 495 u.s. 575 certiorari to the united states court of appeals for the eighth circuit syllabus when respondent taylor pleaded guilty to possession of a firearm by a convicted felon in violation of 18 u.s.c. 922(g)(1), he had four prior convictions, including two for second-degree burglary under missouri law. the government sought to apply 924(e), which, inter alia, (1) provides a sentence enhancement for a "person" convicted under 922(g) who "has three previous convictions . . . for a violent felony," and (2) defines "violent felony" as "(b) . . . any crime punishable by imprisonment for a term exceeding one year" that "(i) has as an element the use, attempted use, or threatened use of physical force against [another's] person," or "(ii) is burglary [or other specified offenses] or otherwise involves conduct that presents a serious potential risk of physical injury to another." in imposing an enhanced sentence upon taylor, the district court rejected his contention that, because his burglary convictions did not present a risk of physical injury under 924(e)(2)(b)(ii), they should not count. the court of appeals affirmed, ruling that the word "burglary" in 924(e)(2)(b)(ii) "means burglary' however a state chooses to define it." held: an offense constitutes "burglary" under 924(e) if, .....

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May 29 1990 (FN)

Citibank, N.A. Vs. Wells Fargo Asia Ltd.

Court : US Supreme Court

Decided on : May-29-1990

..... premise that the parties did contract to permit recovery from the general assets of citibank in new york. yet the district court had made it clear that there is a distinction between an agreement on "repayment ..... or where the deposits were collectible, but rather which assets citibank is required to use in order to satisfy its obligation to plaintiff. as we have previously found that the contract was silent on this issue, we interpret query (d) as imposing upon us the task . . . of deciding whether new york or philippine law controls the answer to that question." id ..... that, assuming no such agreement, there is a duty to pay in new york in any event, a duty that the law creates when the parties have not contracted otherwise. see 3 a. corbin, contracts 561, pp. 276-277 (1960). page 495 u. s. 669 the court of appeals appears to have relied upon the first theory we have noted, adopting the .....

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May 21 1990 (FN)

North Dakota Vs. United States

Court : US Supreme Court

Decided on : May-21-1990

..... regulation would have given that state a say as to which building contractor the federal government could hire, the north dakota labeling requirement -- by acting as a deterrent to contracting with the federal government -- would prevent the federal government from making an unfettered choice among liquor suppliers. the military cannot effectively comply with congress' command to purchase from ..... 1982) ("it remains true, of course, that state taxes are constitutionally invalid if they discriminate against the federal government, or substantially interfere with its activities"). cf. james v. dravo contracting co., 302 u. s. 134 , 302 u. s. 161 (1937) (permitting application of a general state tax to federal contractors on the ground that it did not ..... medical laboratories, inc., 471 u. s. 707 , 471 u. s. 717 -718 (1985). it directs the military to consider various factors in determining "the most advantageous contract, price and other considered factors," but that command cannot be understood to preempt state laws that have the incidental effect of raising costs for the military. indeed, the regulation specifically ..... most competitive source, price and other factors considered." a dod regulation also requires that alcohol purchases be made in such a manner as to obtain "the most advantageous contract, price and other considered factors." although the regulation promises cooperation with state officials, it denies any obligation to submit to state control or to make purchases from .....

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