Also known as: label · labels · labeled · labelling
Written by attorneys — see sources below.
4 senses
A presumption that a disposition creates a class gift arises when the beneficiaries are identified only by a term of relationship or other group label. The presumption is rebutted if the language or circumstances establish that the transferor intended the identities and shares of the beneficiaries to be fixed.
A presumption that a disposition creates a class gift arises when the beneficiaries are identified only by a term of relationship or other group label. The presumption is rebutted if the language or circumstances establish that the transferor intended the identities and shares of the beneficiaries to be fixed.
Lillian Locke devised her estate to her children in equal shares. One child predeceased her, leaving two grandchildren. The court applied the presumption arising from the group label and permitted the grandchildren to take the deceased child's share as members of the class.
A government's characterization of a monetary exaction does not control whether the charge qualifies as a tax for constitutional purposes. The determination instead rests on the measure's operation and effect.
Congress imposed a charge on individuals without health insurance and called the charge a penalty. Lucy Liu paid the charge through her tax return. The Court examined the charge's collection method, income-based variation, and revenue-raising effect and treated it as a tax regardless of the statutory label.
1 common questions
A party responding to a subpoena to produce documents must produce them as kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
Lighthouse Shipping received a subpoena requesting emails in three categories. The company produced the emails organized and labeled to match each category rather than in their native file structure. The court found the production compliant with the rule governing labeled responses.
1 common questions
A seller engaged in the business of selling chattels who makes a material misrepresentation of fact concerning the character or quality of a chattel by advertising, labels, or otherwise is subject to liability for physical harm to a consumer caused by justifiable reliance on the misrepresentation.
Lone Peak Energy sold fuel additives and affixed labels stating the product reduced emissions by fifty percent. Luke Latham purchased and used the product, suffered respiratory harm from the actual emissions, and sued. The court held the company liable for the misrepresentation on the label even without privity.
1 common questions
A government's characterization of a monetary exaction does not control whether the charge qualifies as a tax for constitutional purposes. The determination instead rests on the measure's operation and effect.
A party responding to a subpoena to produce documents must produce them as kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
A seller engaged in the business of selling chattels who makes a material misrepresentation of fact concerning the character or quality of a chattel by advertising, labels, or otherwise is subject to liability for physical harm to a consumer caused by justifiable reliance on the misrepresentation.
Each sense below has its own examples, sources, and questions.
Lena Lawson and her husband were prosecuted under a state law banning contraceptive use. They challenged the statute as violating a right to marital privacy. The Court recognized the right and invalidated the law.
Estelle Griswold served as Executive Director of the Planned Parenthood League of Connecticut. Dr. C. Lee Buxton served as the League's Medical Director and was a professor at Yale Medical School. Together they opened and operated a center in New Haven that was open from November 1 to November 10, 1961. At the center they gave information, instruction, and medical advice to married persons as to the means of preventing conception. They examined the wife and prescribed the best contraceptive device or material for her use. Fees were usually charged, although some couples were serviced free. The statutes involved were sections 53-32 and 54-196 of the General Statutes of Connecticut (1958 rev.). Section 53-32 made it a crime to use any drug, medicinal article or instrument for the purpose of preventing conception. Section 54-196 punished accessories as principals. The appellants were found guilty as accessories and fined $100 each. The Appellate Division of the Circuit Court affirmed the convictions. The Supreme Court of Errors of Connecticut affirmed that judgment in State v. Griswold, 151 Conn. 544, 200 A. 2d 479. The United States Supreme Court noted probable jurisdiction. The appellants asserted standing to raise the constitutional rights of the married persons with whom they had a professional relationship. A criminal conviction for serving married couples removes doubts about case or controversy. The rights of husband and wife would be diluted unless considered in a suit involving those who have this kind of confidential relation to them.
View caseLandmark Realty advertised energy services on bill inserts. A state commission banned such promotional inserts to conserve energy. The company challenged the ban as violating commercial speech protections. The Court applied intermediate scrutiny and struck down the prohibition.
In December 1973, the Public Service Commission ordered electric utilities in New York State to cease all advertising that promoted the use of electricity because the interconnected utility system lacked sufficient fuel stocks for the 1973-1974 winter. The order rested on the Commission's finding that the system did not have sufficient fuel stocks or sources of supply to meet customer demands. Three years later, when the fuel shortage had eased, the Commission requested comments from the public on its proposal to continue the ban on promotional advertising. Central Hudson Gas & Electric Corp. opposed the ban on First Amendment grounds. After reviewing the public comments, the Commission extended the prohibition in a Policy Statement issued on February 25, 1977. The Policy Statement divided advertising expenses into promotional and institutional categories. It permitted informational advertising designed to encourage shifts of consumption from peak demand times to periods of low electricity demand. The Commission banned promotional advertising because additional electricity would be more expensive to produce and promotional advertising would give misleading signals to the public. Central Hudson challenged the order in state court. The order was upheld through the New York Court of Appeals. The Supreme Court noted probable jurisdiction and reversed.
View case1 common questions
A disposition presumptively creates a class gift when the beneficiaries are identified only by a term of relationship or other group label. The presumption is rebutted only if language or circumstances show the transferor intended fixed identities and shares.
No. Whether a measure functions as a tax depends on its operation and effect, including collection method, income variation, and revenue production, rather than the label chosen by Congress.
The recipient must organize and label the documents to correspond to the categories in the demand. This requirement ensures the requesting party can identify responsive materials efficiently.
A seller engaged in the business of selling chattels is subject to liability for physical harm to a consumer caused by justifiable reliance on a material misrepresentation of fact concerning the chattel's character or quality made through labels, even without privity or negligence.
…now, we are compelled by neither precedent nor policy to give any more weight to the epithet "libel" than we have to other "mere labels" of state law. N. A. A. C. P. v. Button, 371 U. S. 415, 429. Like insurrection, contempt, advocacy of unlawful acts, breach of the peace, obscenity, solicitation of legal business, and the…