like defense (Rhode Island) · Go Syfert
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like defense in Rhode Island

6 Rhode Island opinions name it 2 courts 1938–2001 0 in the last five years

The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Moses H. Cone Memorial Hospital v. Mercury Construction Corp.green
scotus · 1983 · cited in 2 Rhode Island opinions naming this issue, 2001–2001
2 sentences

2001Cone Memorial Hospital 460 U.S. 1 , 24-215, 103 S.Ct. 927, 941-942 (1983).

2001Cone Memorial Hospital 460 U.S. 1 , 24-215, 103 S.Ct. 927, 941-942 (1983).

22
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.green
scotus · 1985 · cited in 2 Rhode Island opinions naming this issue, 2001–2001
2 sentences

2001Biartmarz, 771 A.2d at 127 . "[A]ny doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay or a like defense to arbitrability." Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 , 626, 105 S.Ct. 3346, 3353-3354 (1985), citing, Moses H.

2001Biartmarz, 771 A.2d at 127 . "[A]ny doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay or a like defense to arbitrability." Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 , 626, 105 S.Ct. 3346, 3353-3354 (1985), citing, Moses H.

22
Jose Joel Jimenez v. United Statesgreen
ca5 · 1974 · cited in 1 Rhode Island opinions naming this issue, 1979–1979
1 sentence

1979A precise and succinct response to a like challenge in a similar case is found in United States v. Bethany, 489 F.2d 91, 92 (5th Cir. 1974), where the court, quoting Jimenez v. United States, 487 F.2d 212, 213 (5th Cir. 1973), said: “Contrary to appellant’s argument, this requirement does not demand a ‘written, sworn, and filed stipulation of evidence,’ but only that the court make an inquiry ‘factually precise enough and sufficiently specific to develop that [defendant’s] conduct on the occasions involved was within the ambit of that defined as criminal.’ ” In this case, the trial justice suf

11
cluster 315724green
ca5 · 1974 · cited in 1 Rhode Island opinions naming this issue, 1979–1979
1 sentence

1979A precise and succinct response to a like challenge in a similar case is found in United States v. Bethany, 489 F.2d 91, 92 (5th Cir. 1974), where the court, quoting Jimenez v. United States, 487 F.2d 212, 213 (5th Cir. 1973), said: “Contrary to appellant’s argument, this requirement does not demand a ‘written, sworn, and filed stipulation of evidence,’ but only that the court make an inquiry ‘factually precise enough and sufficiently specific to develop that [defendant’s] conduct on the occasions involved was within the ambit of that defined as criminal.’ ” In this case, the trial justice suf

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Bjartmarz v. Pinnacle Real Estate Tax Service green
ri · 2001
2 sentences

2001Biartmarz, 771 A.2d at 127 . "[A]ny doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay or a like defense to arbitrability." Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 , 626, 105 S.Ct. 3346, 3353-3354 (1985), citing, Moses H.

2001Bjartmarz, 771 A.2d at 127 . "[A]ny doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay or a like defense to arbitrability." Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 , 626, 105 S.Ct. 3346, 3353-3354 (1985), citing, Moses H.

22001–2001
Chimel v. California red
scotus · 1969
2 sentences

1980And the area into which an arrestee might reach in order to grab a weapon or evidentiary items must, of course, be governed by a like rule. * * * There is ample justification, therefore, for a search of the arrestee’s person and the area ‘within his immediate control’ — construing that phrase to mean the area from within which he might gain possession of a weapon or destructible evidence.” Id. at 762-63 , 89 S.Ct. at 2040 , 23 L.Ed.2d at 694 .

1980And the area into which an arrestee might reach in order to grab a weapon or evidentiary items must, of course, be governed by a like rule. * * * There is ample justification, therefore, for a search of the arrestee’s person and the area ‘within his immediate control’ — construing that phrase to mean the area from within which he might gain possession of a weapon or destructible evidence.” Id. at 762-63 , 89 S.Ct. at 2040 , 23 L.Ed.2d at 694 .

11980–1980
Desmond-Dunne Co. v. . Friedman-Doscher Co. green
ny · 1900
1 sentence

1959A like doctrine has been applied in Danville Bridge Co. v. Pomroy & Colony, 15 Pa. 151 , Gillespie Tool Co. v. Wilson, 123 Pa. 19 , and Desmond-Dunne Co. v. Friedman-Doscher Co., 162 N. Y. 486 .

11959–1959
Danville Bridge Co. v. Pomroy & Colony neutral
pa · 1850
1 sentence

1959A like doctrine has been applied in Danville Bridge Co. v. Pomroy & Colony, 15 Pa. 151 , Gillespie Tool Co. v. Wilson, 123 Pa. 19 , and Desmond-Dunne Co. v. Friedman-Doscher Co., 162 N. Y. 486 .

11959–1959
Gillespie Tool Co. v. Wilson green
pa · 1888
1 sentence

1959A like doctrine has been applied in Danville Bridge Co. v. Pomroy & Colony, 15 Pa. 151 , Gillespie Tool Co. v. Wilson, 123 Pa. 19 , and Desmond-Dunne Co. v. Friedman-Doscher Co., 162 N. Y. 486 .

11959–1959
Simons v. Northeastern Finance Corp. green
mass · 1930
2 sentences

1938At page 23 (342 of 285 Pac.) the court says: “The duty rests upon one *67 financing a retail dealer to see to it that cars upon which he has a lien or other interest are not left under the domain or control of such sale dealer on his salesroom floor, to be offered to the public.” A like rule was applied in Simons v. Northeastern Finance Corp. 271 Mass. 285 , 171 N. E. 643 .

1938At page 23 (342 of 285 Pac.) the court says: “The duty rests upon one *67 financing a retail dealer to see to it that cars upon which he has a lien or other interest are not left under the domain or control of such sale dealer on his salesroom floor, to be offered to the public.” A like rule was applied in Simons v. Northeastern Finance Corp. 271 Mass. 285 , 171 N. E. 643 .

11938–1938
Young v. R.I. Auto Sales Co., Inc. neutral
ri · 1932
1 sentence

1938I. 199, 159 A. 737 . *63 A like rule applies, where the case is similar except that the later claimant is one who claims a lien on a motor car for repair work done on it, at the request of the mortgagor or conditional vendee of it but without the consent of the mortgagee or conditional vendor of it.

11938–1938

Where else courts name it

CA 129 (1885–2026) NY 107 (1807–2024) AL 84 (1884–2023) MO 80 (1856–2018) TX 79 (1881–2025) WA 70 (1897–2025) IL 55 (1878–2023) IN 44 (1866–2023) PA 42 (1878–2015) IA 36 (1849–1997) NC 35 (1910–2018) MI 32 (1871–2023) FL 30 (1878–2026) MS 30 (1874–2023) CO 29 (1890–2013) VA 28 (1832–2004) NJ 26 (1843–2026) GA 26 (1891–2026) MA 25 (1868–2025) OH 22 (1856–2014) NE 21 (1881–2000) OR 20 (1887–2011) LA 19 (1913–2024) CT 17 (1840–2013) DE 17 (1888–2026) MN 16 (1898–2003) KY 16 (1926–2024) MD 16 (1885–2016) WI 16 (1908–2024) OK 15 (1907–1998) KS 14 (1889–2016) NM 13 (1939–2025) TN 12 (1885–1971) MT 12 (1897–2024) WY 11 (1924–2004) SC 11 (1936–2024) WV 10 (1926–2024) AZ 9 (1894–2020) ME 8 (1839–2021) HI 7 (1905–2022) RI 6 (1938–2001) ID 6 (1912–2009) AR 5 (1903–1959) NV 5 (1955–2017) SD 4 (1910–2011) UT 4 (1873–2002) PR 3 (1919–1932) DC 3 (1943–2010) VT 2 (1927–1929) NH 2 (1859–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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