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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1998 Page 6 of about 56 results (0.057 seconds)

Jan 26 1998 (FN)

Allentown Mack Sales and Service, Inc. Vs. Nlrb

Court : US Supreme Court

Decided on : Jan-26-1998

..... n. l. r. b. 996 (1972), which is then entitled to a conclusive presumption of majority support for a reasonable time to permit bargaining. if an agreement is reached, a contract bar will apply. auciello iron works, inc. v. nlrb, 517 u. s. 781 ,791 (1996). a losing employer thus would be barred for some time from conducting another poll. 386 ..... , supra, at 37, is not its be-all and end-all. that goal would not justify, for example, allowing a nonmajority union to remain in place (after a certification or contract bar has expired) simply by denying employers any effective means of ascertaining employee views. i conclude that the board's standard restricts polling in the absence of coercion or restraint ..... of "hiding the ball": nlrb policymaking and the failure of judicial review, 75 b. u. l. rev. 387, 394-395 (1995) (footnotes omitted). see also weeks, the union's mid-contract loss of majority support: a waivering presumption, 20 wake forest l. rev. 883, 889 (1984). members of this court have observed the same phenomenon. see nlrb v. curtin matheson scientific ..... ) did not want the union. on january 2,1991, local 724 asked allentown mack sales to recognize it as the employees' collective-bargaining representative, and to begin negotiations for a contract. the new employer rejected that request by letter dated january 25, claiming a "good faith doubt as to support of the union among the employees." id., at 1205. the letter .....

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Jan 21 1998 (FN)

Feltner Vs. Columbia Pictures Television, Inc.

Court : US Supreme Court

Decided on : Jan-21-1998

feltner v. columbia pictures television, inc. - 523 u.s. 340 (1998) october term, 1997 syllabus feltner v. columbia pictures television, inc. certiorari to the united states court of appeals for the ninth circuit no. 96-1768. argued january 21, 1998-decided march 31,1998 respondent columbia pictures television, inc., terminated agreements licensing several television series to three television stations owned by petitioner feltner after the stations' royalty payments became delinquent. when the stations continued to broadcast the programs, columbia sued feltner and others for, inter alia, copyright infringement. columbia won partial summary judgment as to liability on its copyright infringement claims and then exercised the option afforded by 504(c) of the copyright act of 1976 (act) to recover statutory damages in lieu of actual damages. the district court denied feltner's request for a jury trial, and awarded columbia statutory damages following a bench trial. the ninth circuit affirmed, holding that neither 504(c) nor the seventh amendment provides a right to a jury trial on statutory damages. held: 1. there is no statutory right to a jury trial when a copyright owner elects to recover statutory damages. section 504(c) makes no mention of a right to a jury trial or to juries at all, providing instead that damages should be assessed in an amount "the court deems just," and that in the event that "the court finds" an infringement that is willful or innocent, "the court in .....

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Jan 21 1998 (FN)

Kawaauhau Vs. Geiger

Court : US Supreme Court

Decided on : Jan-21-1998

..... the wheel of an automobile to make a left-hand turn without first checking oncoming traffic-could fit the description. see 113 f. 3d, at 852. a "knowing breach of contract" could also qualify. see ibid. a construction so broad would be incompatible with the "well-known" guide that exceptions to discharge "should be confined to those plainly expressed." gleason v .....

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Jan 13 1998 (FN)

Fidelity Financial Services, Inc. Vs. Fink

Court : US Supreme Court

Decided on : Jan-13-1998

..... interest in personal property occurred "when it became so far perfected that no subsequent lien upon such property obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee." 11 u. s. c. 96(a)(2) (1964 ed.). but it then subjected this general ..... , of course, lose its priority if, during the relation-back period, the secured party performed those acts; such a possibility does not mean that a contract creditor "cannot" acquire such a lien, however, but merely that its superiority may be fleeting. not until the secured party actually performs the final act that ..... the definition provided by 547(e)(1)(b), that "a transfer of ... property other than real property is perfected when a creditor on a simple contract cannot acquire a judicial lien that is superior to the interest of the transferee." like the courts of appeals that have adopted its position, see n. 2 ..... provided by the federal statute. section 547(e)(i)(b) provides that "a transfer of ... property ... is perfected when a creditor on a simple contract cannot acquire a judicial lien that is superior to the interest of the transferee." this definition implies that a transfer is "perfected" only when the secured ..... means that a transfer is perfected as of whatever date an enabling creditor could claim in a priority fight with a contract creditor armed with a judicial lien, the statute does not speak in such terms. rather, it says that a transfer is perfected "when" a .....

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Jan 13 1998 (FN)

Baker Vs. General Motors Corp.

Court : US Supreme Court

Decided on : Jan-13-1998

..... evidence relevant in the bakers' wrongful-death case before it. in that light, we see no altruism in gm's agreement not to institute contempt or breach-of-contract proceedings against elwell in michigan for giving subpoenaed testimony elsewhere. rather, we find it telling that gm ruled out resort to the court that entered the injunction, for ..... violate anyone's due process rights."). given this argument, it is clear that issue preclusion principles, standing alone, cannot resolve the controversy gm presents. 238 wrongful discharge and his related contract and tort claims have "merged in the judgment," and he cannot sue again to recover more. see parklane hosiery co. v. shore, 439 u. s. 322 , 326, ..... pickup truck fuel system was inferior in comparison to competing products. a month later, elwell sued gm in a michigan county court, alleging wrongful discharge and other tort and contract claims. gm counterclaimed, contending that elwell had breached his fiduciary duty to gm by disclosing privileged and confidential information and misappropriating documents. in response to gm's motion ..... the fuel tank was still pending]." (emphasis added.) in addition, the parties entered into a separate settlement agreement, which provided that gm would not institute contempt or breach-of-contract proceedings against elwell for giving subpoenaed testimony in another court or tribunal. thereafter, the bakers, petitioners here, subpoenaed elwell to testify in their product liability action against gm, .....

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Jan 12 1998 (FN)

New Jersey Vs. New York

Court : US Supreme Court

Decided on : Jan-12-1998

..... nature in the city, town, village, or other civil division of the state in which the public buildings are located," ibid., 21 in 1905, a contract for work on the island required that the work "must be of the best quality and in strict accordance with the present rules and regulations of the ..... of individuals is hardly worth mentioning. this includes, for example, documents indicating that the same two men who witnessed the commissioner of immigration's signature on contracts four different times in 1908 and 1909 listed their residences as "ellis island, ny"; that another witness did the same once in 1904, and two others ..... an ambiguous agreement revealed by later conduct of the parties is good indication of its meaning. see, e. g., 17 a am. jur. 2d, contracts 357 (1991); restatement (second) of contracts 202(4), 203 (1979); uniform commercial code 2-208(1), 1 u. l. a. 407 (1989). we have applied that principle before to ..... department of water supply, gas and electricity, new york, n. y." n. y. exh. 638, p. 47. this is the only contract on record where contractors were required to follow new york regulations as if they were binding. 801 and there is evidence that from 1931 to 1934 construction ..... contracts for work on filled portions of the island provided that wages for the city of new york applied.22 the national government also treated .....

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