Also known as: label · labels · labeled · labelling
Written by attorneys · grounded in primary & secondary sources — see 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.
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.
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.
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.
Landmark 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.
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…