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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2004 Page 3 of about 53 results (0.167 seconds)

Jan 13 2004 (FN)

Sec Vs. Edwards

Court : US Supreme Court

Decided on : Jan-13-2004

..... & j. seligman, securities regulation 36, 31 43 (3d ed. 1998) (quoting mulvey, blue sky law, 36 can. l. times 37 (1916)).) the state courts had defined an investment contract as a contract or scheme for the placing of capital or laying out of money in a way intended to secure income or profit from its employment, and had uniformly applied that ..... the sec advised the respondent that its sale and lease-back arrangements, in which investors received a set 2% of their investment per month for 10 years, were investment contracts and therefore securities under the 1933 act). the eleventh circuit s perfunctory alternative holding, that respondent s scheme falls outside the definition because purchasers had a contractual entitlement to ..... order regarding settlement, stating that sale of promissory notes secured by deeds of trust, coupled with management services and providing investors a specified percentage return on their investment, were investment contracts), and in enforcement actions, e.g. , sec v. universal service assn., 106 f. 2d 232, 234, 237 (ca7 1939) (accepting sec s position that an investment scheme ..... the securities laws a limitation not compelled by the language that would so undermine the laws purposes. respondent protests that including investment schemes promising a fixed return among investment contracts conflicts with our precedent. we disagree. no distinction between fixed and variable returns was drawn in the blue sky law cases that the howey court used, in formulating .....

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Jun 14 2004 (FN)

Hibbs Vs. Winn

Court : US Supreme Court

Decided on : Jun-14-2004

hibbs v. winn - 02-1809 (2004) syllabus october term, 2003 hibbs v. winn supreme court of the united states hibbs, director, arizona department of revenue v. winn et al. certiorari to the united states court of appeals for the ninth circuit no. 02 1809. argued january 20, 2004 decided june 14, 2004 plaintiffs-respondents, arizona taxpayers, filed suit in federal court against the director of arizona s department of revenue (director) seeking to enjoin the operation of ariz. rev. stat. ann. 43 1089 on establishment clause grounds. arizona s law authorizes an income-tax credit for payments to nonprofit school tuition organizations (stos) that award scholarships to students in private elementary or secondary schools. section 43 1089 provides that stos may not designate schools that discriminate on the basis of race, color, handicap, familial status or national origin, 43 1089(f), but does not preclude stos from designating schools that provide religious instruction or give religion-based admissions preferences. the district court granted the director s motion to dismiss on the ground that the tax injunction act (tia), 28 u. s. c. 1341, barred the suit. the tia prohibits lower federal courts from restraining the assessment, levy or collection of any tax under state law where a plain, speedy and efficient remedy may be had in the courts of such state. the ninth circuit reversed, holding that the tia does not bar federal-court actions challenging state tax credits. held: 1. the .....

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Jun 14 2004 (FN)

Pennsylvania State Police Vs. Suders

Court : US Supreme Court

Decided on : Jun-14-2004

pennsylvania state police v. suders - 03-95 (2004) syllabus october term, 2003 pennsylvania state police v. suders supreme court of the united states pennsylvania state police v. suders certiorari to the united states court of appeals for the third circuit no. 03 95. argued march 31, 2004 decided june 14, 2004 in march 1998, the pennsylvania state police (psp) hired plaintiff-respondent suders to work as a police communications operator for the mcconnellsburg barracks, where her male supervisors subjected her to a continuous barrage of sexual harassment. in june 1998, suders told the psp s equal employment opportunity officer, virginia smith-elliott, that she might need help, but neither woman followed up on the conversation. two months later, suders contacted smith-elliott again, this time reporting that she was being harassed and was afraid. smith-elliott told suders to file a complaint, but did not tell her how to obtain the necessary form. two days later, suders supervisors arrested her for theft of her own computer-skills exam papers. suders had removed the papers after concluding that the supervisors had falsely reported that she had repeatedly failed, when in fact, the exams were never forwarded for grading. suders then resigned from the force and sued the psp, alleging, inter alia , that she had been subjected to sexual harassment and constructively discharged, in violation of title vii of the civil rights act of 1964. the district court granted the psp s motion for .....

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Jun 14 2004 (FN)

F. Hoffman-la Roche Ltd. Vs. Empagran S. A.

Court : US Supreme Court

Decided on : Jun-14-2004

f. hoffman-la roche ltd. v. empagran s. a. - 03-724 (2004) syllabus october term, 2003 f. hoffmann-la roche ltd. v. empagran s.a. supreme court of the united states f. hoffman-la roche ltd. et al. v. empagran s. a. et al. certiorari to the united states court of appeals for the district of columbia circuit no. 03 724. argued april 26, 2004 decided june 14, 2004 the foreign trade antitrust improvements act of 1982 (ftaia) provides that the sherman act shall not apply to conduct involving trade or commerce with foreign nations, 15 u. s. c. 6a, but creates exceptions for conduct that significantly harms imports, domestic commerce, or american exporters. in this case, vitamin purchasers filed a class action alleging that vitamin manufacturers and distributors had engaged in a price-fixing conspiracy, raising vitamin prices in the united states and foreign countries, in violation of the sherman and clayton acts. as relevant here, defendants (petitioners) moved to dismiss the suit as to the foreign purchasers (respondents), foreign companies located abroad, who had purchased vitamins only outside united states commerce. in dismissing respondents claims, the district court applied the ftaia and found none of its exceptions applicable. the court of appeals reversed, concluding that the ftaia s exclusionary rule applied, but so did its exception for conduct that has a direct, substantial and reasonably foreseeable effect on domestic commerce that gives rise to a [sherman act] claim, .....

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Jun 14 2004 (FN)

United States Vs. Dominguez Benitez

Court : US Supreme Court

Decided on : Jun-14-2004

united states v. dominguez benitez - 03-167 (2004) syllabus october term, 2003 united states v. dominguez benitez supreme court of the united states united states v. dominguez benitez certiorari to the united states court of appeals for the ninth circuit no. 03 167. argued april 21, 2004 decided june 14, 2004 after respondent dominguez benitez (hereinafter dominguez) confessed to selling drugs to an informant, he was indicted on drug possession and conspiracy counts. on the conspiracy count, he faced a 10-year mandatory minimum sentence. his plea agreement with the government provided that dominguez would plead guilty to conspiracy and the government would dismiss the possession charge; that he would receive a safety-valve reduction of two levels, which would allow the court to authorize a sentence below the otherwise mandatory 10-year minimum; that the agreement did not bind the sentencing court; and that he could not withdraw his plea if the court rejected the government s stipulations or recommendations. he pleaded guilty to the conspiracy charge, but, in the plea colloquy, the court failed to mention (though the written plea agreement did say) that dominguez could not withdraw his plea if the court did not accept the government s recommendations. see fed. rule crim. proc. 11(c)(3)(b). the probation office subsequently found that dominguez had three prior convictions, making him ineligible for the safety valve, so the district court sentenced him to the mandatory minimum. .....

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Jun 14 2004 (FN)

Norton Vs. Southern Utah Wilderness Alliance

Court : US Supreme Court

Decided on : Jun-14-2004

norton v. southern utah wilderness alliance - 03-101 (2004) syllabus october term, 2003 norton v. southern utah wilderness alliance supreme court of the united states norton, secretary of the interior, et al. v. southern utah wilderness alliance et al. certiorari to the united states court of appeals for the tenth circuit no. 03 101. argued march 29, 2004 decided june 14, 2004 the bureau of land management (blm), an interior department agency, manages the utah land at issue here under the federal land policy and management act of 1976 (flpma). pursuant to 43 u. s. c. 1782, the secretary of the interior has identified certain federal lands as wilderness study areas (wsas) and recommended some of these as suitable for wilderness designation. land designated as wilderness by act of congress enjoys special protection; until congress acts, the secretary must manage [wsas] so as not to impair the[ir] suitability for preservation as wilderness. 1782(c). in addition, each wsa or other area is managed in accordance with a land use plan, 1732(a), a blm document which generally describes, for a particular area, allowable uses, goals for the land s future condition, and next steps. 43 cfr 1601.0 5(k). respondents southern utah wilderness alliance and others (collectively suwa) sought declaratory and injunctive relief for blm s failure to act to protect utah public lands from environmental damage caused by off-road vehicles (orvs), asserting three claims relevant here, and contending .....

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Jun 07 2004 (FN)

Republic of Austria Vs. Altman

Court : US Supreme Court

Decided on : Jun-07-2004

..... it before. see ante , at 7 8 (breyer, j., concurring) (relying on the fact that in verlinden the court applied the fsia to a contract that predated the act). [t]his court has never considered itself bound [by prior sub silentio holdings] when a subsequent case finally brings the jurisdictional issue ..... at 7 9. this reasoning overlooks the plain fact that there are reliance interests of vast importance involved, interests surely as important as those stemming from contract rights between two private parties. as the executive has made clear to us, these interests span a range of time after the conduct, even up to ..... letter); cf. verlinden b. v. v. central bank of nigeria , 461 u. s. 480 , 482 483, 497 (1983) (applying the fsia to a contract that predated the act). fourth , contrary to the dissent s contention, see post , at 10 12, 16 17, neither reliance nor expectation can justify nonretroactivity here. ..... 717, 24 i. l. r. 228, 229 (ca paris 1957) (christian dior is entitled to bring the ex-king to court to answer for debts contracted before his abdication when, as from the date of his abdication, he is no longer entitled to claim immunity as hea[d] of state ); see also queen ..... occurred. in addition, verlinden , which upheld against constitutional challenge 28 u. s. c. 1330 s grant of subject-matter jurisdiction, involved a dispute over a contract that predated the act. 461 u. s., at 482 483, 497. and there has never been any doubt that the act s procedural provisions relating to venue .....

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May 24 2004 (FN)

Nelson Vs. Campbell

Court : US Supreme Court

Decided on : May-24-2004

nelson v. campbell - 03-6821 (2004) syllabus october term, 2003 nelson v. campbell supreme court of the united states nelson v. campbell, commissioner, alabama department of corrections, et al. certiorari to the united states court of appeals for the eleventh circuit no. 03 6821. argued march 29, 2004 decided may 24, 2004 three days before his scheduled execution by lethal injection, petitioner filed a 42 u. s. c. 1983 action against respondent alabama prison officials, alleging that the use of a cut-down procedure requiring an incision into his arm or leg to access his severely compromised veins constituted cruel and unusual punishment and deliberate indifference to his medical needs in violation of the eighth amendment. petitioner, who had already filed an unsuccessful federal habeas application, sought a permanent injunction against the cut-down s use, a temporary stay of execution so the district court could consider his claim s merits, and orders requiring respondents to furnish a copy of the protocol on the medical procedures for venous access and directing them to promulgate a venous access protocol that comports with contemporary standards. respondents moved to dismiss the complaint for want of jurisdiction on the grounds that the 1983 claim and stay request were the equivalent of a second or successive habeas application subject to 28 u. s. c. 2244(b) s gatekeeping requirements. agreeing, the district court dismissed the complaint because petitioner had not obtained .....

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May 24 2004 (FN)

Thornton Vs. United States

Court : US Supreme Court

Decided on : May-24-2004

thornton v. united states - 03-5165 (2004) syllabus october term, 2003 thornton v. united states supreme court of the united states thornton v. united states certiorari to the united states court of appeals for the fourth circuit no. 03 5165. argued march 31, 2004 decided may 24, 2004 before officer nichols could pull over petitioner, petitioner parked and got out of his car. nichols then parked, accosted petitioner, and arrested him after finding drugs in his pocket. incident to the arrest, nichols searched petitioner s car and found a handgun under the driver s seat. petitioner was charged with federal drug and firearms violations. in denying his motion to suppress the firearm as the fruit of an unconstitutional search, the district court found, inter alia, the automobile search valid under new york v. belton, 453 u. s. 454 , in which this court held that, when a police officer makes a lawful custodial arrest of an automobile s occupant, the fourth amendment allows the officer to search the vehicle s passenger compartment as a contemporaneous incident of arrest, id., at 460. petitioner appealed his conviction, arguing that belton was limited to situations where the officer initiated contact with an arrestee while he was still in the car. the fourth circuit affirmed. held: belton governs even when an officer does not make contact until the person arrested has left the vehicle. in belton, the court placed no reliance on the fact that the officer ordered the occupants out of .....

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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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