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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1998 Page 4 of about 56 results (0.099 seconds)

Apr 20 1998 (FN)

United States Vs. Balsys

Court : US Supreme Court

Decided on : Apr-20-1998

..... mercantile contract with the spanish government. the defendant responded that the contract was illegal under the laws of spain and hence unenforceable and resisted discovery because his answers might incriminate him under the spanish code. the court accepted the defendant's plea, ..... . s., at 63. in that case two spanish women brought suit in england alleging that the defendant had violated a contract that he entered into with their brother and to which they were entitled to the proceeds as his heirs. the contract provided that the plaintiffs' brother (and they as his heirs) were entitled to a share of the proceeds from a .....

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Apr 20 1998 (SC)

World Tanker Carrier Corporation Vs. Snp Shipping Services Pvt. Ltd. a ...

Court : Supreme Court of India

Decided on : Apr-20-1998

Reported in : AIR1998SC2330; 1998(3)ALLMR(SC)640; JT1998(3)SC468; 1998(3)SCALE165; (1998)5SCC310; [1998]2SCR1032

..... issue of a letter of undertaking for u.s. $ 20 million by p & i club of kara mara and snp the new castle protection and indemnity association (hereinafter referred to as 'new castle').5. kara mara thereafter filed an action for limitation of liability in the supreme court of hong kong ..... , cannot be considered as conferring jurisdiction on the court to take action. unless a foreign defendant either resides within jurisdiction or voluntarily appears or has contracted to submit to the jurisdiction of the court, it is not possible to hold that the court will have jurisdiction against a foreign defendant. see ..... of article 6 hereof the same rights as an owner of a ship, limits or seeks to limit his liability before the court of a contracting state or seeks to procure the release of a ship or other property arrested or the bail or other security given within the jurisdiction of any ..... snp that under the said management agreement they were put in charge of recruiting crew and officers of the said vessel. snp entered into a sub-contract with one holbud ship management company ltd. for the commercial management of the said vessel. under this agreement. holbud ship management company ltd. were in ..... ship in respect of which limitation of liability or release is sought which does not at the time specified above fly the flag of a contracting state. '(underlining ours)20. under principles of private international law, a court cannot entertain an action against a foreigner resident outside country or .....

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Mar 31 1998 (FN)

National Endowment for Arts Vs. Finley

Court : US Supreme Court

Decided on : Mar-31-1998

..... constitutional text governing our analysis. the first amendment reads: "congress shall make no law ... abridging the freedom of speech." u. s. const., amdt. 1 (emphasis added). to abridge is "to contract, to diminish; to deprive of." t. sheridan, a complete dictionary of the english language (6th ed. 1796). with the enactment of 954(d)(1), congress did not abridge the speech .....

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Mar 30 1998 (FN)

Bragdon Vs. Abbott

Court : US Supreme Court

Decided on : Mar-30-1998

..... of possible transmission of hiv from patients to dental workers. see ante, 664 opinion of o'connor, j. at 654. while it is not entirely certain whether these dental workers contracted hiv during the course of providing dental treatment, the potential that the disease was transmitted during the course of dental treatment is relevant evidence. one need only demonstrate "risk," not ..... could not determine whether hiv infection had resulted from this exposure. id., at 15, n. 3. it is now known that cdc could not ascertain how the seven dental workers contracted the disease because they did not present themselves for hiv testing at an appropriate time after this occupational exposure. gooch et ai., percutaneous exposures to hiv- infected blood among dental ..... infection's manifest physical effect. id., at 274, and n. 13. without exception, the other agencies to address the problem before enactment of the ada reached the same result. federal contract compliance manual app. 6d, 8 fep manual 405:352 (dec. 23,1988); in re ritter, no. 03890089, 1989 wl 609697, *10 (eeoc, dec. 8, 1989); see also comptroller general's .....

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Mar 30 1998 (FN)

Pennsylvania Bd. of Probation and Parole Vs. Scott

Court : US Supreme Court

Decided on : Mar-30-1998

pennsylvania bd. of probation and parole v. scott - 524 u.s. 357 (1998) october term, 1997 syllabus pennsylvania board of probation and parole v. scott certiorari to the supreme court of pennsylvania no.97-581. argued march 30, 1998-decided june 22,1998 a condition of respondent's pennsylvania parole was that he refrain from owning or possessing weapons. based on evidence that he had violated this and other such conditions, parole officers entered his home and found firearms, a bow, and arrows. at his parole violation hearing, respondent objected to the introduction of this evidence on the ground that the search was unreasonable under the fourth amendment. the hearing examiner rejected the challenge and admitted the evidence. as a result, petitioner parole board found sufficient evidence to support the charges and recommitted respondent. the commonwealth court of pennsylvania reversed, and the pennsylvania supreme court affirmed the reversal, holding, inter alia, that although the federal exclusionary rule, which prohibits the introduction at criminal trial of evidence obtained in violation of a defendant's fourth amendment rights, does not generally apply in parole revocation hearings, it applied in this case because the officers who conducted the search were aware of respondent's parole status. the court reasoned that, otherwise, illegal searches would be undeterred when officers know that their subjects are parolees and that illegally obtained evidence can be introduced .....

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Mar 25 1998 (FN)

Gebser Vs. Lago Vista Independent School Dist.

Court : US Supreme Court

Decided on : Mar-25-1998

..... of 1964, which prohibits race discrimination in programs receiving federal funds. both statutes condition federal funding on a recipient's promise not to discriminate, in what amounts essentially to a contract between the government and the recipient. in contrast, title vii is framed as an outright prohibition. title ix's contractual nature has implications for the construction of the scope of ..... to impose strict liability on school districts for a teacher's sexual harassment of a student, reiterating its conclusion in leija that strict liability is inconsistent with "the title ix contract." 106 f. 3d, at 1225 (internal quotation marks omitted). the court then determined that lago vista could not be liable on the basis of constructive notice, finding that there was ..... seq. the two statutes operate in the same manner, conditioning an offer of federal funding on a promise by the recipient not to discriminate, in what amounts essentially to a contract between the government and the recipient of funds. see guardians, 463 u. s., at 599 (opinion of white, j.); id., at 609 (powell, j., concurring in judgment); cf. pennhurst state .....

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Mar 25 1998 (FN)

Faragher Vs. Boca Raton

Court : US Supreme Court

Decided on : Mar-25-1998

..... with those just cited would be a taxing one. here it is enough to recognize that their disparate results do not necessarily reflect wildly varying terms of the particular employment contracts involved, but represent differing judgments about the desirability of holding an employer liable for his subordinates' wayward behavior. in the instances in which there is a genuine question about the .....

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Mar 25 1998 (SC)

Spring Meadows Hospital and anr. Vs. Harjol Ahluwalia Through K.S. Ahl ...

Court : Supreme Court of India

Decided on : Mar-25-1998

Reported in : AIR1998SC1801; 1998(3)ALLMR(SC)136; 1998(1)BLJR755; [1998]92CompCas797(SC); 1998(1)CTC665; JT1998(2)SC620; (1998)IIIMLJ63(SC); 1998(II)OLR(SC)93; (1998)120PLR719; RLW1998(2

..... to indemnify the amount of rs 12,37,500 in terms of the policy on account of the liability of the hospital as the case is fully covered under the indemnity clause. the commission then considered the question as to how the amount of compensation should be disbursed for being spent for the welfare of the child and then issued certain ..... by any such member of the family for any deficiency of service, it will not be open for a trader to take a stand that there is no privity of contract. the consumer protection act confers jurisdiction on the commission in respect of matters where either there is defect in goods or there is deficiency in service or there has been .....

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Mar 24 1998 (FN)

United States Vs. Bestfoods

Court : US Supreme Court

Decided on : Mar-24-1998

..... of that money, the 4 the powers and responsibilities of mdnr have since been transferred to the michigan department of environmental quality. 5 cordova/california and mdnr entered into a contract under which cordova/california agreed to undertake certain cleanup actions, and mdnr agreed to share in the funding of those actions and to indemnify cordova/california for various expenses. the ..... purpose ... of controlling a subsidiary company so 63 that it may be used as a mere agency or instrumentality of the owning company"); p. blumberg, law of corporate groups: tort, contract, and other common law problems in the substantive law of parent and subsidiary corporations 6.01-6.06 (1987 and 1996 supp.) (discussing the law of veil piercing in the .....

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Mar 23 1998 (FN)

Muscarello Vs. United States

Court : US Supreme Court

Decided on : Mar-23-1998

muscarello v. united states - 524 u.s. 125 (1998) october term, 1997 syllabus muscarello v. united states certiorari to the united states court of appeals for the fifth circuit no. 96-1654. argued march 23, 1998-decided june 8,1998* a person who "uses or carries a firearm" "during and in relation to" a "drug trafficking crime" is subject to a 5-year mandatory prison term. 18 u. s. c. 924(c)(i). in the first case, police officers found a handgun locked in the glove compartment of petitioner muscarello's truck, which he was using to transport marijuana for sale. in the second case, federal agents at a drug-sale point found drugs and guns in the trunk of petitioners' car. in both cases, the courts of appeals found that petitioners had carried firearms in violation of 924(c)(i). held: the phrase "carries a firearm" applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompanies. pp. 127-139. (a) as a matter of ordinary english, one can "carry firearms" in a wagon, car, truck, or other vehicle which one accompanies. the word's first, or basic, meaning in dictionaries and the word's origin make clear that "carry" includes conveying in a vehicle. the greatest of writers have used "carry" with this meaning, as has the modern press. contrary to the arguments of petitioners and the dissent, there is no linguistic reason to think that congress intended to limit the word to its .....

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