italic title Kellyv. ArribaSoftCorporation 280 F.3d 934 CA9 2002 withdrawn , re filed at 336 F.3d ... 934 CA9 2002 http www.eff.org IP Linking KellyvArribaSoft 20030707 9th revised ruling.pdf Kelly ... KELLY ENTERPRISES, and SHOW ME THE GOLD and against Defendant ARRIBASOFTCORPORATION, aka DITTO.COM ... Ninth Circuit opinion of July 2003. http www.eff.org IP Linking KellyvArribaSoft 20030707 9th ... weighs slightly in favor of Kelly, we conclude that Arriba s use of Kelly s images as thumbnails in its search engine is a fair use. http www.eff.org IP Linking KellyvArribaSoft 20030707 9th revised ... http www.eff.org IP Linking KellyvArribaSoft Court documents from Electronic Frontier Foundation ... the case ownership of ArribaSoft changed to Sorceron, the operator of the Internet search engine ... was not resolved. Facts The plaintiff Kelly sold pictures to various publications from his web site. The defendants ArribaSoft Inc. and its CEO Michael J. Lyons ran a search engine . Defendant Arriba ... against ArribaSoft Inc., an entity that no longer existed in any form. quote Judgment shall be entered ... likely to have an adverse effect than one which merely supersedes the original Arriba s use of Kelly ... term searched on. Kelly s pictures appeared as thumbnails on defendants search engine along with millions of other thumbnail images from all over the web. Clicking on the thumbnails from Kelly s website would connect the user with Kelly s website via a Deep linking deep link . In addition to the display ... web browser window. The thumbnail image was stored on Arriba s system, but the full picture was not stored in Arriba s system. The picture is displayed on the user s screen as a thumbnail , and if the full picture was linked to by the user then it was presented in a frame environment provided by Arriba. ref The technology is described in Copyright aspects of hyperlinking and framing . ref Kelly sued Arriba for copyright infringement for both use of the thumbnail image and use of the full image. Case ... more details
wiktionary Arriba may refer to any of the following Arriba, Colorado Arriba newspaper , daily newspaper from Madrid, Spain, 1939 1979 Ala arriba , the motto of P voa de Varzim, Portugal disambig de Arriba es Arriba ... more details
Unreferenced date February 2007 orphan date November 2009 Infobox Album See Wikipedia WikiProject Albums Name Arriba Type Album Artist Caterina Valente and Silvio Francesco Cover Arriba cover.JPG Released 1959 Recorded Genre Pop, Latin Length Label Decca Records Decca , DL 4051 Mono Producer Reviews Last album This album Arriba 1959 Next album Arriba is an album from Caterina Valente , featuring Silvio Francesco , released in the US, 1959. It s sung in Spanish. Track listing Side 1 1. QUIZAS,QUIZAS,QUIZAS 2. CHA CHA CHA FLAMENCO 3. LA MUCURA 4. UNA AVENTURA MAS 5. AQUELLOS OJOS VERDES 6. SOMEBODY BAD STOLE DE WEDDING BELL Who s Got De Ding Dong Side 2 1. UN POQUITO DE TU AMOR 2. EL MANISERO The Peanut Vendor 3. NOCHE DE RONDA 4. DOS CRUCES 5. COPACABANA 6. CASA DA LOLO Category Caterina Valente albums Category 1959 albums Category Collaborative albums Category Decca Records albums Category Spanish language albums 1950s pop album stub ... more details
for the lawyer Paul Kelly lawyer Paul Vincent Kelly born 1947 is a United States Marine who served as Assistant Secretary of State for Legislative Affairs from 2001 through 2005. Biography Paul V. Kelly was born in 1947 and was educated at Merrimack College , from which he received a bachelor s degree and the Lowell Technological Institute , receiving a master s degree . Kelly served thirty years in the United States Marine Corps . In 1988, he became the Marine Corps liaison to the United States Senate Appropriations Subcommittee on Defense . He became Director of the Marine Corps War College in 1994, holding that position until 1997 when he became President of the United States Department of the Navy s Physical Evaluation Board . In April 2001, President of the United States George W. Bush nominated Col. Kelly as Assistant Secretary of State for Legislative Affairs and he subsequently held this office from June 1, 2001 until January 24, 2005. ref name USDoS Cite web url http history.state.gov departmenthistory people kelly paul vincent title Paul Vincent Kelly work People publisher United States Department of State Department History Office of the Historian accessdate 21 September 2011 ref References http www.presidency.ucsb.edu ws index.php?pid 78775 Press Release Announcing President Bush s Nomination of Kelly as Assistant Secretary of State for Legislative Affairs Reflist s start s gov succession box before Barbara Larkin title Assistant Secretary of State for Legislative Affairs after Jeffrey Bergner years June 1, 2001 &ndash January 24, 2005 s end Persondata Metadata see Wikipedia Persondata . NAME Kelly, Paul V. ALTERNATIVE NAMES SHORT DESCRIPTION DATE OF BIRTH 1947 PLACE OF BIRTH DATE OF DEATH PLACE OF DEATH DEFAULTSORT Kelly, Paul V. Category Living people Category United States Assistant Secretaries of State Category Merrimack College alumni Category United States Marine Corps officers Category University of Massachusetts Lowell alumni Category 1947 births ... more details
Infobox Court Case name State v. Kelly court New Jersey Supreme Court image Seal of New Jersey.svg imagesize imagelink imagealt caption full name date decided July 24, 1984 citations Case citation 97 N.J. 178 1984 transcripts judges Robert Wilentz Chief Justice Robert Wilentz br Justices Robert L. Clifford Clifford , Garibaldi, Alan B. Handler Handler , Daniel Joseph O Hern O Hern , Pollock, and Schreiber prior actions subsequent actions opinions Majority Wilentz br Concurrence Dissent Handler keywords State v. Kelly , 97 N.J. 178 1984 , is a New Jersey Supreme Court Supreme Court of New Jersey Legal case case where the defendant, Gladys Kelly, was on trial for the murder of her husband, Ernest Kelly with a pair of scissors. The Supreme Court reversed the case for further trial after finding that expert testimony regarding the defence s submission, that Kelly suffered from Battered woman defence battered woman syndrome , was incorrectly excluded since battered woman syndrome was a proper subject for expert evidence. ref http www.audiocasefiles.com cases detail case 8764 State v. Kelly , Supreme Court of New Jersey, 1984, AudioCaseFiles ref Kelly was represented by Charles S. Lorber who is now with Mandelbaum Salsburg of West Orange N.J. Implications This is a notable case, both regarding the role of experts in new fields and in trials where the battered woman defense may be advanced, as is demonstrated by it being cited in other states, ref name virginia http www.state.wv.us wvsca DVBenbook OStateCases OstateKelly.pdf Full text here STATE of New Jersey, Plaintiff Respondent v. Gladys KELLY, Defendant Appellant , West Virginia State Web Portal ref by universities, ref http law.gsu.edu library index bibliographies view?id 51 BATTERED WOMAN S SYNDROME Evidentiary Use in Criminal Trials A Resource for Researchers , Georgia State University College of Law, 2002 ref ref http www.law.harvard.edu students orgs jlg vol26 buel.pdf EFFECTIVE ASSISTANCE OF COUNSEL FOR BATTERED WOMEN ... more details
SCOTUSCase Litigants Charlton v. Kelly ArgueDate April 18 ArgueYear 1913 DecideDate June 10 DecideYear 1913 FullName Paul Charlton, as Next Friend of Porter ter Charlton, Appt., v. James J. Kelly, Sheriff of Hudson County, New Jersey, et al. USVol 229 USPage 447 Citation 57 L. ed. 1274 33 Sup. Ct. Rep. 945 Prior Subsequent Holding Court recognized authority of the executive department to waive a breach of treaty by Italy and to remain bound thereby. SCOTUS 1912 1914 LawsApplied Charlton v. Kelly , 229 U.S. 447 1913 is a case pertaining to extradition of a U.S. citizen to Italy . In 1910, Porter Charlton confessed in New York to having murdered his wife in Italy. The Italian vice consul requested Charlton s extradition. Hon. John A. Blair, one of the judges of the Circuit Court of the United States for the district of New Jersey, suspended Charlton s petition for a writ of habeas corpus and a warrant was issued for his arrest. This order for extradition was approved by United States Secretary of State Secretary of State Philander C. Knox . Horace Harmon Lurton wrote the majority opinion for the Court. See also List of United States Supreme Court cases, volume 229 External links wikisource http books.google.com books?id JMkKAAAAYAAJ&pg PA397 Lawyers Reports Annotated entry on Charlton v. Kelly on Google Books http caselaw.lp.findlaw.com scripts getcase.pl?navby case&court us&vol 229&page 447 229 U.S. 447 Text of the opinion on Findlaw.com Category 1913 in United States case law Category United States Supreme Court cases Category Extradition case law SCOTUS stub ... more details
Orphan date March 2011 Fitzpatrick v. Kelly , case citation L.R. 8 Q.B. 337 1873 , was an law of England English case decided by the Queen s Bench that adopted a strict liability standard for violations of the Adulteration of Food Act 35 & 36 Vict. c. 74, s. 2 1872 . The defendant was prosecuted for selling adulterated butter, and the court did not require a showing of mens rea . ref Bonnie, R.J. et. al. Criminal Law, Second Edition. Foundation Press, New York, NY 2004, p. 252 ref References reflist Category English criminal law Category 1873 in case law ... more details
obits.nj.com obituaries starledger obituary.aspx?n john v kelly&pid 135345625 John V. Kelly , The Star ... References Reflist Persondata Metadata see Wikipedia Persondata . NAME Kelly, John V. ALTERNATIVE ... October 30, 2009 PLACE OF DEATH DEFAULTSORT Kelly, John V. Category 1926 births Category 2009 deaths ...John Vincent Kelly, Sr. July 11, 1926 &ndash October 30, 2009 was an United States American Republican Party United States Republican Party politician who served as Mayor of Nutley, New Jersey and served nine terms in the New Jersey General Assembly , before losing two electoral bids to win a seat in the New Jersey Senate . Early life and education Kelly was born in Jersey City, New Jersey on July 11, 1926, to an Irish father and an Italian mother. There he attended St. Nicholas Grammar School and St. Peter s Preparatory School . ref name StarLedgerObit He served in the United States Army during World War II as a demolitions expert in the Philippines . ref name StarLedgerObit After completing his military service, he earned a degree in accounting and finance from Saint Peter s College New Jersey ... 68164367.html St. Patrick s Day fixture John Kelly is dead at 83 , The Record Bergen County ... States Democratic Party candidate Steve Adubato , though Kelly would take the seat back in 1985. ref name RecordObit In the Assembly, Kelly sponsored legislation in 1991 that established the first ... s and pap smear s. ref name RecordObit In May 1988, Kelly was elected mayor of Nutley, with the 6,179 ... him in the Assembly in 2001 and who also outspent Kelly by a nearly three to one margin in a pivotal ... of the Senate, and Kelly fell short, by a margin of 53&ndash 44 . ref Kocieniewski, David. http ... s St. Patrick s Day festivities, Kelly would wear a bright green suit that had been custom made for him ... As president of Nutley Savings Bank, Kelly was known for going out of his way to find a justification ... RecordObit Death Kelly died at age 83 on October 30, 2009, in what was described as a most peaceful ... more details
Unreferenced date December 2009 Kellyv. Sullivan 1876 1 S.C.R. 3 was the first case heard by the Supreme Court of Canada . The Court answered the simple question of whether a case ruling from the Supreme Court of Judicature of Prince Edward Island could be appealed to a provincial appellate court. On the evidence available the Court found that there was insufficient records to prove that an appellate court for the province was ever created. Background The Supreme Court had only just come into existence. On April 8, 1875 the bill creating the court was passed and the court was inaugurated on November 18. The Court s very first sitting was on January 17, but there were no cases to be heard so they adjourned until spring. That April the Supreme Court was given a reference question from the Canadian Senate In Re The Brothers of the Christian Schools in Canada . The Senate wanted to know if a bill entitled An Act to incorporate the Brothers of the Christian Schools in Canada was constitutional and within the authority of the federal government. Only Ritchie, Strong, and Fournier JJ. were in attendance, each only giving a single sentence judgement. It was not until June that the Court had its first hearings with the case of Kellyv. Sullivan . The issue before the Court in this case was whether there existed a Court of Error or List of Canadian courts of appeal Court of Appeal for the province of Prince Edward Island . The appellants were arguing that there was no evidence of any such court existed. The respondent claims that instructions from the Crown to the Lieutenant Governor and his appointment as Captain General and Governor in Chief of the Island was sufficient evidence of the creation of the Court. Ruling Present were the William Buell Richards Chief Justice Richards , William Johnstone Ritchie Ritchie , Strong, Taschereau, and Fournier JJ. Each judge wrote separate ... 1 3 9 DEFAULTSORT KellyV. Sullivan Category Supreme Court of Canada cases Category 1876 in case ... more details
SCOTUSCase Litigants Goldberg v. Kelly ArgueDate October 13 ArgueYear 1969 DecideDate March 23 DecideYear 1970 FullName Goldberg, Commissioner of Social Services of the City of New York v. Kelly, et al .... XIV wikisource Goldberg v. Kelly , Case citation 397 U.S. 254 1970 , is a case in which the Supreme ... considerations justify it. Kellyv. Wyman ref 294 F.Supp. 893, 899, 900 1968 ref The court rejected ... s litigation. The decision in Goldberg v. Kelly answered questions which had been unresolved in the previous ... though there was significant government involvement. The Supreme Court distinguished Goldberg v. Kelly ... reflist External links caselaw source case Goldberg v. Kelly , 397 U.S. 254 1970 findlaw http caselaw.lp.findlaw.com ... us 397 254 case.html US Administrative law DEFAULTSORT Goldberg V. Kelly Category United States ... in Wheeler v. Montgomery ref No. 14, post, p. 280 ref also decided today. We affirm. Appellant ..., and not a right. Shapiro v. Thompson ref 394 U.S. 618, 627 n. 6 1969 ref Relevant constitutional ... compensation, Sherbert v. Verner ref 374 U.S. 398 1963 ref or to denial of a tax exemption, Speiser v. Randall ref 357 U.S. 513 1958 ref or to discharge from public employment, Slochower v. Board of Higher Education. ref 350 U.S. 551 1956 ref The extent to which procedural due process ref ... to suffer grievous loss, Joint Anti Fascist Refugee Committee v. McGrath ref 341 U.S. 123, 168 1951 ... & Restaurant Workers Union v. McElroy ref 367 U.S. 886, 895 1961 ref consideration of what procedures ... been affected by governmental action. See also Hannah v. Larche. ref 363 U.S. 420, 440, 442 1960 ref ... the recipient with procedural due process. Cf. Sniadach v. Family Finance Corp. ref 395 U.S. 337 1969 ..., and medical care. Cf. Nash v. Florida Industrial Commission. ref 389 U.S. 235, 239 1967 ref Thus ... in order to protect a recipient against an erroneous termination of his benefits. Cf. Sniadach v ... process of law is the opportunity to be heard. Grannis v. Ordean. ref 234 U.S. 385, 394 1914 ref ... more details
Ultramares Corporationv. Touche, 174 N.E. 441 1932 is a US tort law case regarding negligent misstatement, decided by Benjamin Cardozo Cardozo, C.J. It contained the now famous line on floodgates that the law should not admit to a liability in an indeterminate amount for an indeterminate time to an indeterminate class. Facts In 1924 the auditors of Touche Niven Deloitte Touche Tohmatsu Touche, Niven & Company gave the rubber importer, Fred Stern and Company, an unqualified audit certificate, having failed to discover that management had falsified entries to overstate accounts receivable. The auditors knew that the accounts when certified would be used to raise money and for that purpose supplied 32 certified and serially numbered copies p. 442. On the faith of one of those copies, given to it on its demand, the plaintiff, Ultramares Corporation, lent Fred Stern and Company money. Stern declared bankruptcy in 1925. Ultramares sued Touche Niven for the amount of the Stern debt, declaring that a careful audit would have shown Stern to be insolvent. The audit was found to be negligent, but not fraudulent. The judge set this finding aside based on the doctrine of privity, which protects auditors from third party suits. An intermediate appellate court reinstated the negligence verdict ... is still the rule in New York Credit Alliance Corporationv. Arthur Andersen & Co. 1985 483 N.E. .... blockquote See also Caparo v. Dickman References Chatfield, Michael. Utramares Corporationv. Touche ... CorporationV. Touche Category United States tort case law Category New York state case law Category .... v. Adler 1983 461 A. 2d 138 Citizens State Bank v. Timm, Schmidt & Co. 1983 335 N.W. 2d 361. In Rhode Island Hospital Trust National Bank v. Swartz, Bresenoff, Yavner & Jacobs 1972 455 F. 2d 847 , 851 ... and limited classes of persons. In Ingram Industries Inc. v. Nowicki 1981 527 F. Supp. 683 a federal ... Corporation, vs. Touche, Niven & Co. New York, 1930 http clio.lib.olemiss.edu u? deloitte,41077 ... more details
Infobox Court Case name Melbourne Corporationv Commonwealth court High Court of Australia image Australian coat of arms 1912 edit.png date decided 13 August 1947 full name The Lord Mayor, Councillors and Citizens of the City of Melbourne v The Commonwealth and Another citations Cite Case AU CLR 74 31 1947 Cite Case AU HCA 26 1947 judges John Latham jurist Latham CJ, George Rich Rich , Hayden Starke Starke , Owen Dixon Dixon , Edward McTiernan McTiernan , Dudley Williams Williams JJ prior actions none subsequent actions none opinions 5 1 any Commonwealth law that is otherwise valid under a head of power in s51 or some other part of the Constitution if it denies the existence or ability of a State to govern itself or the federal structure of the Commonwealth or singles out any one State Melbourne Corporationv Commonwealth 1947 74 Commonwealth Law Reports CLR 31 1947 HCA 26 13 August 1947 , also known as the Melbourne Corporation case or the State banking case , is an important case in Australian constitutional law. It stands for the proposition that there are limits on the scope of express Commonwealth legislative powers which can be implied from the federal character of the Constitution of Australia Constitution . The Melbourne Corporation principle is an implied limit on Commonwealth legislative power under the Constitution of Australia. This is due to the express federal nature of the governmental structure described by the Constitution in having a federation of states combine into one Commonwealth. The principle renders constitutionally invalid any Commonwealth law that is otherwise valid under a head of power in s51 or some other part of the Constitution if it 1. Denies the existence or ability of a State to govern itself or the federal structure of the Commonwealth and 2. Singles out States. A recent case of Austin v Commonwealth 2003 conflated the original 2 limbed test of the original case into an expanded 1st limb so that a commonwealth law that affects a state ... more details
unreferenced date March 2011 Orphan date February 2009 Muir v Glasgow Corporation 1943 SC HL 3, is a leading case in English tort law and negligence . Facts A group of children were having a day out with their Sunday school. They were meant to be having a picnic, but the rain had ruined it. The leader of the trip asked the manager of a tearoom , run by Glasgow Corporation, if she would allow the children to have their picnic on their premises. She agreed and the group entered. In the tearoom there was a tuck shop , the window to which was located midway along a corridor. The children had all started to line up along the corridor to buy sweets at the tuck shop. At this time a large tea urn was being carried along the corridor by two adults, to the main room of the tearoom. Somehow, and it is still unknown how, the tea urn overturned and scalded a young girl Muir . The parents of the girl sued Glasgow Corporation, claiming that they owed the child a duty of care and that they had breached this. Judgment The court held that the manageress in charge owed a duty of care, generally, to everyone in the tearoom. However, she did not owe a duty of care to the Sunday school, to take additional precautions to prevent their being injured as a result of her allowing them to enter. So long as the tearoom was run in the same manner as it was day to day, and to the same safety standards, she was not required to take extra steps to prevent the incident which occurred. It was not reasonably foreseeability foreseeable that allowing the children to come into the premises would result in one of them being scalded. As such, the incident was put down as an accident which could not have been prevented. See also English tort law Notes refs 2 Category Scottish case law UK law stub ... more details
Infobox United States District Court Case name Kivalina v. ExxonMobil Corporation, et. al. court United States District Court for the Northern District of California image imagesize caption full name Native Village of Kivalina v. ExxonMobil Corporation, et. al. date decided September 30, 2009 citations Comer v. Murphy Oil USA, Inc., et al. transcripts No. cv 08 1138 judge Sandra Brown Armstrong prior ... NOTOC Kivalina v. ExxonMobil Corporation, et al. is a lawsuit filed on February 26, 2008 in a United ... title Native Village of Kivalina v. ExxonMobil Corp. Notice of Appeal accessdate 2010 10 23 date ... Defendants div col cols 2 ExxonMobil Corporation BP P.L.C BP America, Inc. BP Products North America, Inc. Chevron Corporation Chevron U.S.A., Inc. ConocoPhillips Company Royal Dutch Shell PLC Shell Oil Company Peabody Energy Corporation The AES Corporation American Electric Power Company , Inc. American Electric Power Services Corporation DTE Energy Company Duke Energy Corporation Dynegy Holdings, Inc. Edison International Midamerican Energy Holdings Company Mirant Corporation NRG Energy Pinnacle West Capital Corporation Reliant Energy, Inc. The Southern Company Xcel Energy, Inc. div col end ... of the Suit According to an attorney of Kivalina, Matt Pawa, Kivalina v. ExxonMobil has two chief aims ... nuisance suit brought by states and environmental groups against ExxonMobil Corporation and twenty ... in the Comer v. Murphy Oil USA, Inc, but in the Kivalina case Kivalina s injuries were not fairly ... grounds ref Defendants of current climate change cases such as Comer v. Murphy Oil USA and Connecticut v American Electric Power are using this ruling as a way to support their defense of a lack ... v. Environmental Protection Agency Lujan v. Defenders of Wildlife Comer v. Murphy Oil USA, Inc http www.ca5.uscourts.gov opinions pub 07 07 60756 CV0.wpd.pdf Connecticut v. American Electric ... global warming US Environmental law DEFAULTSORT Kivalina V. Exxonmobil Corp., Et Al. Category ... more details
Infobox Court Case name The Charitable Corporationv Sutton court Court of Chancery image date decided 13 August 1742 full name citations 1742 26 ER 642 2 Atk 404 judges prior actions subsequent actions opinions Lord Hardwicke transcripts keywords Directors duties , negligence , gross negligence , hindsight The Charitable Corporationv Sutton 1742 26 ER 642 is an important old English law case which holds in substance that a director of a company owes duties to the company in the same measure and quality as does a trustee to a trust. It makes the point that judges should not be quick to judge decisions of directors with hindsight . Facts The Charitable Corporation was a company set up by Royal Charter, to give loans of money to poor people, to prevent them falling into the hands of pawnbrokers. The directors or committee men as they were called at the time were accused of failing to properly monitor the procedures for loans by the corporation. It had suffered a loss of around 350,000. A warehouse keeper was responsible for giving unsecured loans to fellow directors. Only five directors were actively involved in the corporation s affairs. It was alleged that the failure of the remaining forty five directors were guilty of gross negligence . Judgment Lord Hardwicke held that because the directors are agents of the people who grant them power to manage the corporation s affairs they are liable for any negligent acts or omissions. He held that the five who were engaged in taking money were liable to make good all losses, and that the remaining forty five were liable to make up any shortfall. His judgment read as follows. cquote Image Philip Yorke, 1st Earl of Hardwicke.jpg thumb ..., and who empower them to direct and superintend the affairs of the corporation. In this respect ... of common trustees. Vide Coggs v Bernard , 1 Salk. 26. Another objection has been made that the court ... which the corporation have sustained in the first place and the committee men who were not partners ... more details
Use mdy dates date September 2010 Infobox SCOTUS case Litigants AT&T Corporationv. Hulteen ArgueDate December 10 ArgueYear 2008 DecideDate May 18 DecideYear 2009 FullName AT&T Corporation, Petitioner v. Noreen Hulteen, et al. Docket 07 543 USVol USPage CitationNew 556 U.S. Prior CV 01 01122 MJJ N.D. Cal. , affirmed 441 F.3d 653 9th Cir. , reversed U.S. Subsequent Holding Maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act cannot be considered in calculating employee pension benefits. SCOTUS 2006 2009 Majority Souter JoinMajority Stevens, Scalia, Kennedy, Thomas, and Alito Concurrence Stevens Dissent Ginsburg JoinDissent Breyer LawsApplied AT&T Corporationv. Hulteen , Case citation 556 U.S. 2009 , is a Supreme Court of the United States United States Supreme Court case in which the Court held that maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act cannot be considered in calculating employee pension benefits. Background The case entered the Supreme Court s docket in October 2007 and concerned whether maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act can be considered in calculating employee pension benefits. The Supreme Court agreed to hear the case in June 2008. The case concerns Noreen Hulteen who took maternity leave in 1968. Due to complications resulting from giving birth she was hospitalized and required surgery. She missed a total of 240 days of work due to her pregnancy and surgery, but her employer, AT&T Corporation , only gave her 30 days of paid leave. Under company policy ... disabled. ref name onthedocket.org http www.onthedocket.org cases 2008 att corp v hulteen ... of General Electric Company v. Gilbert 1976 and Geduldig v. Aiello 1974 . ref http www.answers.com topic general electric company v gilbert ref As a result of the policy, when Hulteen retired in 1994 ... http www.onthedocket.org cases 2008 att corp v hulteen DEFAULTSORT At&T Corp. V. Hulteen Category United ... more details
SCOTUSCase Litigants Northern Liberty Market Co. v. Kelly ArgueDateA December 12 ArgueDateB ArgueYear 1884 DecideDate January 5 DecideYear 1885 FullName USVol 113 USPage 199 Citation Prior Subsequent Holding SCOTUS 1882 1887 Majority JoinMajority LawsApplied Northern Liberty Market Co. v. Kelly , ussc 113 199 1885 , was a writ of error to reverse a judgment for the defendant in an action brought on April 4, 1884, by a corporation formed for the purpose of erecting a markethouse in the City of Washington and carrying on a marketing business there, upon twenty promissory note s made by him to the plaintiff, dated January 1, 1875. ref http supreme.justia.com us 113 199 Northern Liberty Market Co. v. Kelly, 113 U.S. 199 1885 Justia.com ref A twenty year old incorporated markethouse company with power to purchase, hold, and convey real or personal estate necessary to enable it to carry on its business, built a markethouse on land owned by it in fee simple, and sold by public auction leases for ninety nine years, renewable forever, of stalls therein at a specified rent. The highest bidder for one of the stalls gave the corporation several promissory notes in part payment for the option of that stall, received such a lease, and took and kept possession of the stall, and afterwards gave it a note for a less sum in compromise of the original notes, and upon express agreement that if this note should not be paid at maturity, the corporation might surrender it to the maker and thereupon the cause of action on those notes should revive. Held that the new note was upon a sufficient legal consideration, and that the corporation, holding and suing upon all the notes, could recover upon this note only. The judgment was rendered upon a case stated by the parties, in substance as follows The plaintiff offered for sale by public auction leases for ninety nine years, renewable forever, of the stalls in the markethouse at a specified rent, the highest bidder entitled to an option on the stalls ... more details
Infobox Court Case name Britvic Soft Drinks Ltd v Messer UK Ltd court Court of Appeal image Soda bubbles macro.jpg date decided 30 April 2002 full name citations 2002 EWCA Civ 548 2002 2 All ER Comm 321 2002 2 Lloyd s Rep 368 Times, May 22, 2002 judges Thorpe LJ, Mance LJ and Neuberger J prior actions 2002 1 Lloyd s Rep 20 subsequent actions opinions transcripts http www.bailii.org ew cases EWCA Civ 2002 548.html Full text of judgment keywords Defective goods, unreasonable terms, satisfactory quality, unfair contract terms Britvic Soft Drinks Ltd v Messer UK Ltd 2002 http www.bailii.org ew cases EWCA Civ 2002 548.html EWCA Civ 548 is a notable English contract law case, concerning the application of the Unfair Contract Terms Act 1977 in the context of consumer protection and a supply chain. ref cite web url http www.39essex.co.uk documents Simon Edwards handout Seminar Dec 2003.pdf title Trends in Exclusion Clauses in Commercial Contracts accessdate 2009 01 31 last Edwards first Simon date 2003 12 02 work The Commercial Lawyer publisher 39 Essex Street Dead link date October 2010 bot H3llBot ref Facts Messer UK Ltd supplied Britvic with carbon dioxide for its drinks. It was contaminated with benzene, a carcinogen. Britvic had to recall its products and it sued Messer to recover its costs, arguing that it was in breach of contract. A term in the contract limited liability of Messer under s 14 of the Sale of Goods Act 1979 which by virtue of UCTA 1977 can only be limited as it satisfies the requirement of reasonableness . The judge found that the only relevant express term in the supply agreement was that the carbon dioxide would conform with British Standard 4105. But the implied term under Sale of Goods Act 1979 s 14 also applied. Breach of both terms allowed the recovery of damages. Messer appealed, arguing that BS 4105 could not be regarded as containing an express term ... of Watford Electronics Ltd v Sanderson CFL Ltd 2001 EWCA Civ 317 2001 1 AER 696, cited to the judge ... more details
Securities and Exchange Commission v. Chenery Corporation may refer to Securities and Exchange Commission v. Chenery Corporation 1943 , 318 U.S. 80, also known as Chenery I Securities and Exchange Commission v. Chenery Corporation 1947 , 332 U.S. 194, also known as Chenery II disambig ... more details
Infobox nrhp name Eugene V. kelly Carriage House nrhp type image caption location S. Orange Ave., Seton Hall University campus, South Orange, New Jersey lat degrees 40 lat minutes 44 lat seconds 40 lat direction N long degrees 74 long minutes 14 long seconds 38 long direction W coord display inline,title locmapin New Jersey built 1887 architect Baker,John E. architecture Late Victorian added November 10, 1975 area convert 5 acre governing body Private refnum 75001136 ref name nris NRISref version 2009a ref The Eugene V. Kelly Carriage House , also known as Father Vincent Monella Art Center , is located on the campus of Seton Hall University in South Orange, New Jersey . It was built in 1887 and was listed on the National Register of Historic Places in 1975. It includes Late Victorian architecture and is listed for its meeting architectural criteria. The listed area is convert 5 acre and includes just the one contributing building . ref name nris References reflist National Register of Historic Places Category National Register of Historic Places in New Jersey Category Victorian architecture in the United States Category Buildings and structures completed in 1887 Category Buildings and structures in Essex County, New Jersey Category Seton Hall University NewJersey NRHP stub ... more details
wiktionary Soft or SOFT may refer to Softness Soft band , a musical group Soft , a novel by Rupert Thomson Soft matter , various states of matter with low resistance to external force Soft magnetic material is a magnetic material with low coercivity Soft, a song by Lemon Jelly on the single Soft Rock Soft , a song by Kings of Leon on the album Aha Shake Heartbreak Sorgenti di Firenze Trekking SOFT , system of walking trails in Italy See also lookfrom lookfrom The Soft intitle Softener disambiguation disambig da Soft fr Soft ko ja ... more details
Expand Spanish topic geo date August 2011 Hueto Arriba Hueto Arriba is a village in lava , Basque Country autonomous community Basque Country , Spain . coord 42 53 N 2 48 W display title region ES type city source GNS enwiki Category Populated places in lava Basque geo stub ca Hueto Arriba es Hueto Arriba eu Otogoien fr Hueto Arriba Oto Goien ... more details
SCOTUSCase Litigants Correctional Services Corporationv. Malesko ArgueDate October 1 ArgueYear 2001 DecideDate November 27 DecideYear 2001 FullName Correctional Services Corporationv. Malesko USVol 534 USPage 61 Citation Prior Subsequent Holding SCOTUS 1994 2005 Majority Rehnquist JoinMajority O Connor, Scalia, Kennedy, Thomas Concurrence Scalia JoinConcurrence Thomas Dissent Stevens JoinDissent Souter, Ginsburg and Breyer NotParticipating LawsApplied Correctional Services Corporationv. Malesko , ussc 534 61 2001 , was a legal case case decided by the United States Supreme Court , in which the court found that implied damages actions first recognized in Bivens v. Six Unknown Fed. Narcotics Agents , ussc 403 388 1971 should not be extended to allow recovery against a private corporation operating a halfway house under contract with the Bureau of Prisons . See also wikisource inline Correctional Services Corporationv. Malesko List of United States Supreme Court cases, volume 534 List of United States Supreme Court cases External links caselaw source case Correctional Services Corporationv. Malesko , 534 U.S. 61 2001 findlaw http laws.findlaw.com us 534 61.html justia http supreme.justia.com us 534 61 case.html Category United States Supreme Court cases Category Implied constitutional cause of action case law Category 2001 in United States case law Category United States Supreme Court cases of the Rehnquist Court SCOTUS case stub ... more details
Unreferenced stub auto yes date December 2009 Orphan date December 2009 Soft is a novel by British writer Rupert Thomson , written in 1998 London . Apparently acting as participants in a sleep experiment, the protagonists of this novel find themselves the unwitting word of mouth advertisers of Kwench , a new soft drink. Category British novels Category 1998 novels 1990s novel stub ... more details
Infobox SCOTUS case Litigants Lebron v. National Railroad Passenger Corporation ArgueDate November 7 ArgueYear 1994 DecideDate February 21 DecideYear 1995 FullName Michael A. Lebron, Petitioner v. National Railroad Passenger Corporation Citation 115 S. Ct. 961 130 L. Ed. 2d 902 1995 U.S. LEXIS 909 63 U.S.L.W. 4109 95 Cal. Daily Op. Service 1228 95 Daily Journal DAR 2219 8 Fla. L. Weekly Fed. S 564 USVol 513 USPage 374 Prior On writ of certiorari cert. to the United States Court of Appeals for the Second Circuit Subsequent Holding Amtrak is a government actor for the purposes of the First Amendment to the United States Constitution First Amendment and is subject to its provisions. SCOTUS 1994 2005 Majority Scalia JoinMajority Rehnquist, Stevens, Kennedy, Souter, Thomas, Ginsburg, Breyer Dissent O Connor LawsApplied First Amendment to the United States Constitution U.S. Const. Amend. I Lebron v. National Railroad Passenger Corporation , ussc 513 374 1995 , is a Supreme Court of the United States United States Supreme Court case in which the Court held that Amtrak is a government agency and thus is subject to the First Amendment to the United States Constitution First Amendment . References reflist Category 1995 in law Category United States Supreme Court cases SCOTUS stub ... more details
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