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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1998 Page 1 of about 56 results (0.054 seconds)

Mar 04 1998 (FN)

Eastern Enterprises Vs. Apfel

Court : US Supreme Court

Decided on : Mar-04-1998

..... eastern may be able to seek indemnification from eacc or peabody under contractual arrangements that might insure eastern against liabilities arising out of its former coal operations, that indemnity is neither enhanced nor supplanted by the coal act and does not affect the availability of the declaratory relief sought here. respondents' argument that the coal act moderates ..... the need for this legislation). but in labor relations, as in human relations, one can create promises and understandings which, even in the absence of a legally enforceable contract, others reasonably expect will be honored. indeed, in labor relations such industrywide understandings may spell the difference between labor war and labor peace, for the parties may look ..... of reimbursement. see also conference report on coal act, 138 congo rec., at 34004 (explaining that the coal act allows parties to "enter into private litigation to enforce ... contracts for indemnification," but "does not create new private rights of action"). moreover, the possibility of indemnification does not alter the fact that eastern has been assessed over $5 ..... agreement was the first nbcw a to mention retiree health benefits. as part of a substantial liberalization of benefits and eligibility under both the pension and health plans, the 1974 contract provided lifetime health benefits for retirees, disabled mine workers, and spouses, and extended the benefits to surviving spouses .... " house committee on ways and means, financing umw a .....

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Jul 22 1998 (SC)

M/S. Road Transport Company Vs. Bhan Singh and Another

Court : Supreme Court of India

Decided on : Jul-22-1998

Reported in : II(1998)ACC190; 1998ACJ1101; 1998VAD(SC)316; AIR1998SC2487; 1998(4)ALT26(SC); 1998(3)BLJR1603; [1999]95CompCas4(SC); JT1998(5)SC142; (1999)121PLR50; RLW1999(1)SC47; 1998(4)

..... we have set out above also makes it clear that it was in consideration of an additional premium of rs. 300 that the insurance company had undertaken to indemnity the insured against his liability in respect of passengers to the extent of rs. 5,000 for each passenger and rs. 75,000 in all. it is ..... raised on behalf of the appellant that the additional premium of rs. 300 was paid for covering higher than the statutory liability. there was no special contract to cover unlimited liability in respect of the passengers.28. as we do not find any substance in any of the two contentions raised on behalf of ..... other man a person excluded under section ii-i(b) being carried in or upon or entering or mounting or alighting from the motor vehicle but such indemnity is limited to the sum of rs. 5,000 in respect of any one person and subject to the aforesaid limit in respect of any one person ..... limits, namely-(a)... (b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment,- (1) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all; (ii) in respect of ..... additional premium of rs. 300 was paid as it was a passenger bus having capacity of carrying 50 passengers. it held that mere was no special contract between the appellant-company and the insurance company to cover unlimited liability in respect of the passengers. in support of this view it also relied upon the .....

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Mar 17 1998 (SC)

Amrit Lal Sood and anr. Vs. Smt. Kaushalya Devi Thapar and ors.

Court : Supreme Court of India

Decided on : Mar-17-1998

Reported in : I(1998)ACC332; 1998ACJ531; 1998IVAD(SC)23; AIR1998SC1433; 1998(2)ALLMR(SC)684; [1998]92CompCas305(SC); (1998)2GLR1788(SC); JT1998(2)SC484; (1998)IIIMLJ45(SC); (1998)119PLR6

..... will indemnify any driver who is driving the motor car on the insured order or with his permission provided that such driver(a) is not entitled indemnity under any other policy(b) shall as though he were the insured observe fulfil and be subject to the terms exceptions conditions and limitations of ..... wider terms appearing in the certificate in order to comply with the act is recoverable from the insured, and refers to the avoidance clause.thus the contract between the insured and the company may not provide for all the liabilities which the company has to undertake vis a vis the third parties, ..... the course of the judgment, the court said:'the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and insured, that is, the person who effected the policy, as would make the company entitled to recover the whole or part ..... for hire or reward and the insurer cannot be held liable under the act. but that does not prevent an insurer from entering into a contract of insurance covering a risk wider than the minimum requirement of the statute whereby the risk to gratuitous passengers could also be covered. in such ..... record to be sufficient to support the award of enhanced compensation.4. the liability of the insurer in this case depends on the terms of the contract between the insured and the insurer as evident from the policy. section 94 of the motor vehicles act, 1939 compels the owner of a motor .....

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Dec 08 1998 (FN)

Arizona Dept. of Revenue Vs. Blaze Constr. Co.

Court : US Supreme Court

Decided on : Dec-08-1998

..... affairs has the responsibility to "plan, survey, design and construct" indian reservation roads. 25 cfr 170.3 (1998). over a several-year period, the bureau of indian affairs contracted with blaze construction company to build, repair, and improve roads on the navajo, hopi, fort apache, colorado river, tohono o'odham, and san carlos apache indian reservations in arizona ..... to do so now. the need 33 to avoid litigation and to ensure efficient tax administration counsels in favor of a bright-line standard for taxing federal contracts, regardless of whether the contracted-for activity takes place on indian reservations. moreover, the political process is uniquely adapted to accommodating the interests implicated by state taxation of federal contractors. new ..... exemption, federallaw does not shield blaze from arizona's transaction privilege tax. the incidence of the tax falls on blaze, not the government; nor has congress exempted these contracts from taxation. nevertheless, the arizona court of appeals employed a balancing test weighing state, federal, and tribal interests, and held that a congressional intent to preempt the tax ..... and holding that federal law pre-empted the tax's application to blaze. held: a state generally may impose a nondiscriminatory tax upon a private company's proceeds from contracts with the federal government, regardless of whether the federal contractor renders its services on an indian reservation. in new mexico, supra, the court announced a clear rule that .....

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Dec 02 1998 (FN)

Minnesota Vs. Mille Lacs Band of Chippewa Indians

Court : US Supreme Court

Decided on : Dec-02-1998

minnesota v. mille lacs band of chippewa indians - 526 u.s. 172 (1998) october term, 1998 syllabus minnesota et al. v. mille lacs band of chippewa indians et al. certiorari to the united states court of appeals for the eighth circuit no. 97-1337. argued december 2, 1998-decided march 24,1999 pursuant to an 1837 treaty, several chippewa bands ceded land in present-day minnesota and wisconsin to the united states. the united states, in turn, guaranteed to the indians certain hunting, fishing, and gathering rights on the ceded land "during the pleasure of the president of the united states." in an 1850 executive order, president taylor ordered the chippewa's removal from the ceded territory and revoked their usufructuary rights. the united states ultimately abandoned its removal policy, but its attempts to acquire chippewa lands continued. an 1855 treaty set aside lands as reservations for the mille lacs band, but made no mention of, among other things, whether it abolished rights guaranteed by previous treaties. minnesota was admitted to the union in 1858. in 1990, the mille lacs band and several members sued minnesota, its department of natural resources, and state officials (collectively state), seeking, among other things, a declaratory judgment that they retained their usufructuary rights and an injunction to prevent the state's interference with those rights. the united states and several counties and landowners intervened. in later stages of the case, several wisconsin .....

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Nov 30 1998 (FN)

Department of Commerce Vs. United States House of Representatives

Court : US Supreme Court

Decided on : Nov-30-1998

..... in 1940. ibid. in a further effort to address growing concerns about undercount in the census, congress passed the decennial census improvement act of 1991, which instructed the secretary to contract with the national academy of sciences (academy) to study the "means by which the government could achieve the most accurate population count possible." 2(a)(1), 105 stat. 635, note ..... census act itself demands. see, e. g., decennial census improvement act of 1991, 2(a)(1), 105 stat. 635, note following 13 u. s. c. 141 (directing the secretary to contract with the national academy of sciences to study "means by which the government could achieve the most accurate population count possible"). the language of 195 permits a distinction between sampling .....

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Nov 16 1998 (FN)

Wright Vs. Universal Maritime Service Corp.

Court : US Supreme Court

Decided on : Nov-16-1998

..... analysis of a cba will show that matters which go beyond the interpretation and application of contract terms are subject to arbitration; but they will not be presumed to be so. iv not only is petitioner's statutory claim not subject ..... fact that the cba in this case, unlike the one in gardner-denver, does not expressly limit the arbitrator to interpreting and applying the contract. the presumption only extends that far, whether or not the text of the agreement is similarly limited. it may well be that ordinary textual ..... to the present case. 79 interpretation of any cba, but the meaning of a federal statute. the cause of action wright asserts arises not out of contract, but out of the ada, and is distinct from any right conferred by the collective-bargaining agreement. see gilmer, supra, at 34; barrentine, 450 ..... the lines of authority by maintaining that federal forum rights cannot be waived in union-negotiated cbas even if they can be waived in individually executed contracts-a distinction that assuredly finds support in the text of gilmer, see 500 u. s., at 26, 35. respondents and their amici, on ..... . 693 , 708. the cea's arbitration clause is very general, providing only for arbitration of "[m]atters under dispute," and the remainder of the contract contains no explicit incorporation of statutory antidiscrimination requirements. for similar reasons, there is no clear and unmistakable waiver in the longshore seniority plan. this court does .....

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Nov 04 1998 (FN)

Cedar Rapids Community School Dist. Vs. Garret F.

Court : US Supreme Court

Decided on : Nov-04-1998

..... legislate under the spending power ... rests on whether the state voluntarily and knowingly accepts the terms of the 'contract.' there can, of course, be no knowing acceptance if a state is unaware of the conditions or is unable to ascertain what is expected of it." pennhurst, supra, at 17 ..... states, 505 u. s. 144 , 158 (1992). this is because a law that "condition[s] an offer of federal funding on a promise by the recipient ... amounts essentially to a contract between the government and the recipient of funds." gebser v. lago vista independent school dist., 524 u. s. 274, 286 (1998). as such, "[t]he legitimacy of congress' power to .....

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Nov 02 1998 (FN)

Lopez Vs. Monterey County

Court : US Supreme Court

Decided on : Nov-02-1998

lopez v. monterey county - 525 u.s. 266 (1998) october term, 1998 syllabus lopez et al. v. monterey county et al. appeal from the united states district court for the northern district of california no. 97-1396. argued november 2, 1998-decided january 20,1999 section 5 of the voting rights act of 1965 requires designated states and political subdivisions to obtain federal preclearance-either from the attorney general or from the district court for the district of columbia-before giving effect to changes in their voting laws. monterey county (county), a jurisdiction that is "covered" by 5, enacted a series of ordinances effecting changes in the method for electing county judges. appellants, hispanic voters residing in the county, filed suit, alleging that the county had failed to fulfill its 5 obligation to preclear these changes. see lopez v. monterey county, 519 u. s. 9 . the three-judge district court ultimately dismissed the complaint on the ground that california, which is not covered by 5, had also passed legislation requiring the very voting changes challenged by appellants. the county need not seek federal approval before giving effect to these changes, the court reasoned, because california is not subject to 5 and the county was merely implementing a california law without exercising any independent discretion. held: the act's preclearance requirements apply to measures mandated by a noncovered state to the extent that these measures will effect a voting change in a .....

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Oct 05 1998 (FN)

Marquez Vs. Screen Actors

Court : US Supreme Court

Decided on : Oct-05-1998

..... somehow a defense when a violation of the fair-representation duty has been alleged and facts in addition to the bare language of the contract have been adduced to show the violation. rather, our holding reflects only the conclusion that the negotiation of a security clause containing such language ..... suasive. contrary to petitioner's claim, we conclude that it may be perfectly reasonable for a union to use terms of art in a contract. petitioner proposed one stopping point at oral argument: the union security clause. petitioner suggested that a union is only required to explain the union ..... argument is not that sag chose to use this language in the collective bargaining agreement after determining that the use of this language in the contract would deceive a large number of workers. her argument is more ambitious. according to petitioner, even if the union always informs workers of ..... that 8(a)(3) allows unions to collect and expend funds over the objection of nonmembers only to the extent they are used for collective bargaining, contract administration, and grievance adjustment activities, communications workers v. beck, 487 u. s. 735 , 745, 762-763 (1988). in this case, we ..... does not permit unions to exact dues or fees over the objection of nonmembers for activities that are not germane to collective bargaining, grievance adjustment, or contract administration, communications workers v. beck, 487 u. s. 735 ,745,762-763. the clause did specify, however, that its 30-day grace period .....

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