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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2004 Page 2 of about 53 results (0.165 seconds)

May 17 2004 (FN)

Grupo Dataflux Vs. Atlas Global Group, L. P.

Court : US Supreme Court

Decided on : May-17-2004

..... , ltd. v. chesapeake bay foundation, inc., 484 u. s. 49 , 69 (1987) (scalia, j., concurring in part and concurring in judgment); st. paul mercury indemnity co. v. red cab co., 303 u. s. 283 , 289 290 (1938); mollan , 9 wheat., at 539 540. i do not question this consistently applied, altogether ..... m. kliment & frances halsband, architects , 3 app. div. 3d 143, 147, 770 n. y. s. 2d 329, 332 (1st dept., 2004) ( breach of contract actions are subject generally to a six-year statute of limitations. (internal quotation marks omitted)); eisen v. feder , 307 app. div. 2d 817, 818, 763 n. y ..... indicated that either new york or texas law would supply the governing limitations period. see tr. of oral arg. 22, 31. the texas limitations period for contract and quantum meruit actions is four years. see w. w. laubach trust/the georgetown corp. v. the georgetown corp./w. w. laubach trust , 80 ..... principal place of business in mexico. 312 f. 3d 168, 169 170 (ca5 2002); app. 18a 19a, 98a; brief for petitioner 3. seeking recovery on contract and quantum meruit claims, atlas erroneously asserted diversity jurisdiction under 28 u. s. c. 1332(a). 312 f. 3d, at 169 170; app. 18a 19a ..... petitioner grupo dataflux, a mexican corporation, in the united states district court for the southern district of texas. the complaint contained claims for breach of contract and in quantum meruit , seeking over $1.3 million in damages. it alleged that [f]ederal jurisdiction is proper based upon diversity jurisdiction pursuant .....

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May 17 2004 (FN)

Sabri Vs. United States

Court : US Supreme Court

Decided on : May-17-2004

..... lie, the statute requires that the organization, government, or agency receiv[e], in any one year period, benefits in excess of $10,000 under a federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of federal assistance. 666(b). in 2001, the city council of minneapolis administered about $29 million in federal funds paid to the city .....

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May 03 2004 (FN)

Jones Vs. R. R. Donnelley and Sons Co.

Court : US Supreme Court

Decided on : May-03-2004

..... equal rights all persons within the jurisdiction of the united states shall have the same right in every state and territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons ..... state analogue to an action brought under 1983 was an action for tortious injury to the rights of another, an action on an unwritten contract, or an action for a liability on a statute). before reaching that question, however, we first had to determine whether the characterization of ..... 1991, however, congress responded to patterson by adding a new subsection to 1981 that defines the term make and enforce contacts to include the termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. 42 u. s. c. 1981(b).[ footnote 2 ] ..... relevant part that all persons [within the jurisdiction of the united states] shall have the same right in every state and territory to make and enforce contracts as is enjoyed by white citizens. 14 stat. 27. we held in patterson v. mclean credit union, 491 u. s. 164 (1989), ..... 171, which held that racial harassment relating to employment conditions was not actionable under 1981. the act redefined 1981 s key make and enforce contracts language to include the termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship, 1981(b). in rivers v. roadway express, .....

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May 03 2004 (FN)

Scarborough Vs. Principi

Court : US Supreme Court

Decided on : May-03-2004

scarborough v. principi - 02-1657 (2004) syllabus october term, 2003 scarborough v. principi supreme court of the united states scarborough v. principi, secretary of veterans affairs certiorari to the united states court of appeals for the federal circuit no. 02 1657. argued february 23, 2004 decided may 3, 2004 the equal access to justice act (eaja) authorizes the payment of attorney s fees to a prevailing party in an action against the united states absent a showing by the government that its position in the underlying litigation was substantially justified. 28 u. s. c. 2412(d)(1)(a). section 2412(d)(1)(b) sets a deadline of 30 days after final judgment for the filing of a fee application and directs that the application include: (1) a showing that the applicant is a prevailing party ; (2) a showing that the applicant is eligible to receive an award ; and (3) a statement of the amount sought, including an itemized statement from any attorney stating the actual time expended and the rate charged. section 2412(d)(1)(b) s second sentence further requires the applicant to allege that the position of the united states was not substantially justified. petitioner scarborough prevailed before the court of appeals for veterans claims (cavc) in an action for disability benefits against respondent secretary of veterans affairs. scarborough s counsel filed a timely application for attorney s fees and costs pursuant to 2412(d), showing that scarborough was the prevailing party in the .....

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Apr 28 2004 (FN)

Vieth Vs. Jubelirer

Court : US Supreme Court

Decided on : Apr-28-2004

..... an appropriate requirement for the position in question, government officials may not base a decision to hire, promote, transfer, recall, discharge, or retaliate against an employee, or to terminate a contract, on the individual s partisan affiliation or speech. see board of comm rs, wabaunsee cty. v. umbehr, 518 u. s. 668 , 674 675 (1996); o hare truck service, inc. v .....

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Mar 31 2004 (FN)

Bedroc Limited, Llc Vs. United States

Court : US Supreme Court

Decided on : Mar-31-2004

..... minerals to include sand and gravel, the court is typically reluctant to overrule decisions involving statute interpretation because stare decisis concerns are at their acme in cases involving property and contract rights. state oil co. v. khan, 522 u. s. 3 , 20 (1997). because the government identifies significant reliance interests that would be upset by overruling western nuclear , i do not .....

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Mar 30 2004 (FN)

National Archives and Records Administration Vs. Favish

Court : US Supreme Court

Decided on : Mar-30-2004

national archives and records administration v. favish - 02-954 (2004) syllabus october term, 2003 national archives and records admin. v. favish supreme court of the united states national archives and records administration v. favish et al. certiorari to the united states court of appeals for the ninth circuit no. 02 954. argued december 3, 2003 decided march 30, 2004 skeptical about five government investigations conclusions that vincent foster, jr., deputy counsel to president clinton, committed suicide, respondent favish filed a freedom of information act (foia) request for, among other things, 10 death-scene photographs of foster s body. the office of independent counsel (oic) refused the request, invoking foia exemption 7(c), which excuses from disclosure records or information compiled for law enforcement purposes if their production could reasonably be expected to constitute an unwarranted invasion of personal privacy, 5 u. s. c. 552(b)(7)(c). favish sued to compel production. in upholding oic s exemption claim, the district court balanced the foster family s privacy interest against any public interest in disclosure, holding that the former could be infringed by disclosure and that favish had not shown how disclosure would advance his investigation, especially in light of the exhaustive investigation that had already occurred. the ninth circuit reversed, finding that favish need not show knowledge of agency misfeasance to support his request, and remanded the case .....

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Mar 30 2004 (FN)

United States Vs. Flores-montano

Court : US Supreme Court

Decided on : Mar-30-2004

..... station. at the secondary station, a second customs inspector inspected the gas tank by tapping it, and noted that the tank sounded solid. subsequently, the inspector requested a mechanic under contract with customs to come to the border station to remove the tank. within 20 to 30 minutes, the mechanic arrived. he raised the car on a hydraulic lift, loosened the .....

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Jan 26 2004 (FN)

Lamie Vs. United States Trustee

Court : US Supreme Court

Decided on : Jan-26-2004

lamie v. united states trustee - 02-693 (2004) syllabus october term, 2003 lamie v. united states trustee supreme court of the united states lamie v. united states trustee certiorari to the united states court of appeals for the fourth circuit no. 02 693. argued november 10, 2003 decided january 26, 2004 before 1994, 330(a) of the bankruptcy code authorized a court to award to a trustee, to an examiner, to a professional person employed under section 327 , or to the debtor s attorney (1) reasonable compensation for services rendered by such trustee, examiner, professional person, or attorney . (emphasis added to highlight text later deleted.) in 1994 congress amended the code with a reform act. the act altered 330(a) by deleting or to the debtor s attorney from what was 330(a) and is now 330(a)(1). this change created apparent legislative drafting error in the current section. the section is left with a missing or that infects its grammar. and its inclusion of attorney in what was 330(a)(1) and is now 330(a)(1)(a) defeats the neat parallelism that otherwise marks the relationship between current 330(a)(1) ( trustee, examiner, [or] professional person ) and 330(a)(1)(a) ( trustee, examiner, professional person, or attorney ). in this case, petitioner filed an application with the bankruptcy court seeking attorney s fees under 330(a)(1) for the time he spent working on a behalf of a debtor in a chapter 7 proceeding. the government objected to the application. it argued that .....

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Jan 26 2004 (FN)

Alaska Dept. of Environmental Conservation Vs. Epa

Court : US Supreme Court

Decided on : Jan-26-2004

alaska dept. of environmental conservation v. epa - 02-658 (2004) syllabus october term, 2003 alaska dept. of environmentalconservation v. epa supreme court of the united states alaska department of environmental conservation v. environmental protection agency et al. certiorari to the united states court of appeals for the ninth circuit no. 02 658. argued october 8, 2003 decided january 21, 2004 the clean air act s (caa or act) prevention of significant deterioration (psd) program, 42 u. s. c. 7477, was designed to ensure that the air quality in attainment areas, i.e., areas that are already clean, will not degrade, see 7470(1). the program bars construction of any major air pollutant emitting facility not equipped with the best available control technology (bact). 7475(a)(4). the act defines bact as an emission limitation based on the maximum degree of [pollutant] reduction which the [state] permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for [the] facility. 7479(3). two provisions of the act vest enforcement authority in the environmental protection agency (epa). section 113(a)(5) generally authorizes the epa, when it finds that a state is not complying with a caa requirement governing construction of a pollutant source, to pursue remedial action, including issuance of an order prohibiting construction. 42 u. s. c. 7413(a). directed specifically to the psd program, caa .....

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