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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1998 Page 5 of about 56 results (0.081 seconds)

Mar 23 1998 (FN)

Air Line Pilots Vs. Miller

Court : US Supreme Court

Decided on : Mar-23-1998

..... use of analogies that, in my view, do not govern the circumstances before us. first, the court analogizes the arbitration at issue here to binding arbitration often found in contracts, including labor contracts, where arbitration is legally anchored in the consent of the parties. ante, at 876. but "consent" is not relevant to the legal justification for the "arbitration first" rule before ..... ." id., at 145. alpa seeks exhaustion not of an administrative remedy established by congress but of an arbitral remedy established by a private party. ordinarily, "arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit." steelworkers v. warrior & gulf nav. co., 363 u. s. 574 ..... . id., at 222, 225. the agency fees assessed from nonmembers, we said in abood, may be "used to finance expenditures by the union 874 for the purposes of collective bargaining, contract administration, and grievance adjustment." id., at 225-226. we cautioned, however, in view of the presence of state action, that objecting employees have a first amendment right to "prevent the ..... relevant here: alpa seeks exhaustion of an arbitral remedy established by a private party, not of an administrative remedy established by congress. as a rule, arbitration is a matter of contract, and a party ordinarily cannot be required to submit to arbitration any dispute which he or she has not agreed so to submit. e. g., steelworkers v. warrior & gulf nav .....

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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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Mar 09 1998 (FN)

Quality King Distributors, Inc. Vs. L'anza Research Int'l, Inc.

Court : US Supreme Court

Decided on : Mar-09-1998

..... statute can be given such a construction, and it is to be remembered that this is purely a question of statutory construction. there is no claim in this case of contract limitation, nor license agreement controlling the subsequent sales of the book." bobbs-merrill co. v. straus, 210 u. s. 339 , 350 (1908). 144 sive right to distribute copies or phonorecords ..... shall be deemed to forbid, prevent, or restrict the transfer 143 the bobbs-merrill opinion emphasized the critical distinction between statutory rights and contract rights.10 in this case, l'anza relies on the terms of its contracts with its domestic distributors to limit their sales to authorized retail outlets. because the basic holding in bobbs-merrill is now codified in l09 .....

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Mar 09 1998 (FN)

Lewis Vs. United States

Court : US Supreme Court

Decided on : Mar-09-1998

lewis v. united states - 523 u.s. 155 (1998) october term, 1997 syllabus lewis v. united states certiorari to the united states court of appeals for the fifth circuit no.96-7151. argued november 12, 1997-decided march 9, 1998 a federal indictment charged petitioner lewis and her husband with beating and killing his 4-year-old daughter while they lived at an army base in louisiana. relying on the federal assimilative crimes act (aca), 18 u. s. c. 13(a)-which provides that "[w]hoever within ... any [federal enclave] is guilty of any act or omission which, although not made punishable by any enactment of congress, would be punishable ... within the jurisdiction of the state ... in which such place is situated, ... shall be guilty of a like offense and subject to like punishment" -the indictment charged the defendants under a louisiana statute defining first-degree murder to include "killing ... [w]hen the offender has the specific intent to kill or ... harm ... a victim under the age of twelve .... " upon her conviction of louisiana first-degree murder, the district court sentenced lewis to life imprisonment without parole. the fifth circuit held that the louisiana statute was not assimilated into federal law under the aca because the federal seconddegree murder statute applicable to federal enclaves, 18 u. s. c. 1111 (1988 ed.), governed the crime at issue. the court nonetheless affirmed lewis' conviction on the ground that, in finding her guilty of the state charge, the jury .....

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Mar 09 1998 (FN)

Gray Vs. Maryland

Court : US Supreme Court

Decided on : Mar-09-1998

gray v. maryland - 523 u.s. 185 (1998) october term, 1997 syllabus gray v. maryland certiorari to the court of appeals of maryland no. 96-8653. argued december 8, 1997-decided march 9, 1998 anthony bell confessed to the police that he, petitioner gray, and another man participated in the beating that caused stacey williams' death. mter the third man died, a maryland grand jury indicted bell and gray for murder, and the state tried them jointly. when the trial judge permitted the state to introduce a redacted version of bell's confession, the detective who read it to the jury said "deleted" or "deletion" whenever the name of gray or the third participant appeared. immediately after that reading, however, the detective answered affirmatively when the prosecutor asked, "after [bell] gave you that information, you subsequently were able to arrest ... gray; is that correct?" the state also introduced a written copy of the confession with the two names omitted, leaving in their place blanks separated by commas. the judge instructed the jury that the confession could be used as evidence only against bell, not gray. the jury convicted both defendants. maryland's intermediate appellate court held that bruton v. united states, 391 u. s. 123 , prohibited use of the confession and set aside gray's conviction. maryland's highest court disagreed and reinstated that conviction. held: the confession here at issue, which substituted blanks and the word "delete" for gray's proper name, falls .....

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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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Mar 04 1998 (FN)

Steel Co. Vs. Citizens for Better Environment

Court : US Supreme Court

Decided on : Mar-04-1998

..... -329 (1885), we held that a bill in equity should have been dismissed because it was a clear case of "damnum absque injuria." although the complainant alleged a breach of contract by the state, the complainant "asks no relief as to that, for there is no remedy by suit to compel the state to pay its debts .... the bill as framed .....

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Feb 24 1998 (FN)

Cass County Vs. Leech Lake Band of Chippewa Indians

Court : US Supreme Court

Decided on : Feb-24-1998

..... charge or incumbrance whatsoever .... and if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void .... " 25 u. s. c. 348. section 6 of the gaa, as originally enacted in 1887, provided .....

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Feb 23 1998 (FN)

Hopkins Vs. Reeves

Court : US Supreme Court

Decided on : Feb-23-1998

hopkins v. reeves - 524 u.s. 88 (1998) october term, 1997 syllabus hopkins, warden v. reeves certiorari to the united states court of appeals for the eighth circuit no. 96-1693. argued february 23, 1998-decided june 8,1998 respondent was indicted on two counts of felony murder under nebraska law. the nebraska first-degree murder statute defines felony murder as murder committed in the perpetration of certain enumerated felonies, including, as relevant here, sexual assault and attempt to commit sexual assault in the first degree. under nebraska law, intent to kill is conclusively presumed if the state proves intent to commit the underlying felony. a felony-murder conviction makes a defendant eligible for the death penalty, which in nebraska is imposed judicially, not by the trial jury. the trial court refused respondent's request to instruct the jury on second-degree murder and manslaughter on the ground that the state supreme court consistently has held that these crimes are not lesser included offenses of felony murder. respondent's jury then convicted him on both felony-murder counts, and a three-judge panel sentenced him to death. mter exhausting his state remedies, respondent filed a federal habeas corpus petition, claiming, inter alia, that the trial court's failure to give the requested instructions was unconstitutional under beck v. alabama, 447 u. s. 625 , in which this court invalidated an alabama law that prohibited lesser included offense instructions in capital .....

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Jan 26 1998 (FN)

Oubre Vs. Entergy Operations, Inc.

Court : US Supreme Court

Decided on : Jan-26-1998

..... proposition, however, the court leaps to the conclusion that the owbp a supplants the common-law doctrines of ratification and tender back. the doctrine of ratification (also known in contract law as affirmation) provides that a party, after discovering a defect in the original release, can make binding that otherwise voidable release either explicitly or by failing timely to return ..... law of waivers or releases on adea claims and incorporates no exceptions or qualifications. the text of the owbp a forecloses the employer's defense, notwithstanding how general contract principles would apply to non-adea claims. the rule proposed by the employer would frustrate the statute's practical operation as well as its formal command. in many instances ..... cannot with ease presume ratification of that which congress forbids. the owbp a sets up its own regime for assessing the effect of adea waivers, separate and apart from contract law. the statute creates a series of prerequisites for knowing and voluntary waivers and imposes affirmative duties of disclosure and waiting periods. the owbp a governs the effect under federal ..... release of her adea claims, since the retention did not comply with the owbpa any more than the original release did. accordingly, even if entergy has correctly stated the contract ratification and equitable estoppel principles on which it relies, its argument is unavailing because the authorities it cites do not consider the owbpa's commands. moreover, enter- 423 gy .....

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