tasksource/deberta-small-long-nli
Zero-Shot Classification • 0.1B • Updated
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Drapeau’s cohorts, the cohort would be a “victim” of making the bomb. Further, firebombs are inherently dangerous. There is no peaceful purpose for making a bomb. Felony offenses that involve explosives qualify as “violent crimes” for purposes of enhancing the sentences of career offenders. See 18 U.S.C. § 924(e)(2)(B)(ii) (defining a “violent felony” as: “any crime punishable by imprisonment for a term exceeding one year ... that ... involves use of explosives”). Courts have found possession of a'bomb to be a crime of violence based on the lack of a nonviolent purpose for a bomb and the fact that, by its very nature, there is a substantial risk that the bomb would be used against the person or property of another. See United States v. Newman, 125 F.3d 863 (10th Cir.1997) (unpublished) (<HOLDING>); United States v. Dodge, 846 F.Supp. 181, | [
"holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1",
"holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence",
"holding that sexual assault of a child qualified as crime of violence under 18 usc 16",
"holding for t... | 00 |
Colameta used customer information that he took from Protégé. Additionally, Colameta admits to having taken at least two Protégé proposals with him to Monument. This type of information may constitute trade secrets. See G.L.c. 266, §30 (defining “trade secret” as used in G.L.c. 93, §42, as including “anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement”); Warner-Lambert Co., 427 Mass. at 49 (“ [Confidential and proprietary business information may be entitled to protection, even if such information cannot claim trade secret protection”); see, e.g., Augat, Inc., 409 Mass. at 173 (<HOLDING>). “Matters of public knowledge or of general | [
"recognizing that even if a plaintiff claims certain information constitutes trade secrets its claim may not depend on that determination",
"holding that included among trade secrets employee may not appropriate from employer is certain information such as lists of customers",
"holding that supplier lists can b... | 11 |
property tax sale. In reviewing section 6323(b)(6), this Court noted that it provides that a county’s tax lien has priority over a federal lien, and thus, Taylor purchased the property still subject to the county’s lien. Taylor v. Mill, 310 S.C. 526, 528, 426 S.E.2d 311, 312 (1992). Thus, this Court has already noted that section 6323 operates to establish priority, not extinguish ection in this manner will stifle tax sales, potential buyers must research tax sale property purchases and would be put on notice of any federal tax liens. Finally, Appellants argue that the master erred by not giving section 6323, a more specific statute, priority over section 7425, a general statute. See Capco of Summerville, Inc. v. J.H. Gayle Constr. Co., 368 S.C. 137, 142, 628 S.E.2d 38, 41 (2006) (<HOLDING>). While this is a correct statement of the law, | [
"holding that where there is a conflict between statutes the more recent statute is controlling and a specific provision prevails over a general provision relating to the same subject matter",
"holding that specific statutory provisions take priority over general statutory provisions",
"holding wills more speci... | 44 |
They also rely on Oswego Laborers’ Local 214 Pension Fund v. Marine Midland Bank, 85 N.Y.2d 20, 623 N.Y.S.2d 529, 647 N.E.2d 741 (1995), which held that a plaintiff “must demonstrate that the acts or practices have a broader impact on consumers at large.” Defs.’ Mem. at 14 (quoting Oswego Laborers’, 623 N.Y.S.2d 529, 647 N.E.2d at 744). As explained above, however, Plaintiffs have adequately alleged that Defendants’ unauthorized use of the DEL MONICO’S name in connection with non-Ocinomled restaurants and products caused consumer harm or injury to the public, and that they had a broad impact on consumers at large inasmuch as such. use was likely to cause consumer confusion. See, e.g., CommScope, Inc. of N.C. v. Commscope (U.S.A.) Int’l Grp. Co., 809 F.Supp.2d 33, 38 (N.D.N.Y. 2011) (<HOLDING>); New York City Triathlon, LLC v. NYC Triathlon | [
"holding that plaintiff stated a 349 claim where plaintiff alleged facts plausibly suggesting that defendant intentionally registered its corporate name to be confusingly similar to plaintiffs commscope trademark",
"holding that plaintiff stated a claim for breach of contract when it alleged the government faile... | 00 |
did not affect the defendant’s guideline range, a sentence reduction under § 3582(c)(2) was properly denied). Mr. Norwood concedes that the guideline range would have remained the same based on the findings that the district court had made at sentencing. Appellant’s Opening Br. at 9. But Mr. Norwood challenges these findings, arguing that the district court violated the U.S. Constitution by failing to allow the jury to decide matters involving relevant conduct. In our view, this argument is not available under § 3582(c)(2). A § 3582(c)(2) motion is available to request a sentence reduction only for the sentencing range that was lowered by the Commission’s amendment, not to challenge other aspects of a defendant’s sentence. See United States v. Price, 438 F.3d 1005, 1007 (10th Cir.2006) (<HOLDING>); see also United States v. Gay, 771 F.3d 681, | [
"holding that united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did nothing to alter the rule that judges cannot depart below a statutorily provided minimum sentence except upon the governments motion on the basis of substantial assistance",
"holding that waiver of right to appeal sentence in plea ... | 33 |
887 (9th Cir.1991); United States v. Ramirez, 770 F.2d 1458, 1461 (9th Cir.1985); United States v. Manfredi, 722 F.2d 519, 522 (9th Cir.1983). Because dangerous people do not differentiate between misdemeanors and felonies, the law should not either. It is a fact that many officers are killed during traffic stops for mere infractions. But, here’s the rub: the facts are disputed, and the disputed facts here should have been submitted to the jury, even when qualified immunity from suit was an issue. Issues of credibility belong to the trier of fact. The Seventh Amendment to the Constitution so requires. Thompson v. Mahre, 110 F.3d 716, 719 (9th Cir.1997) makes this as clear as the proverbial bell. See also Johnson v. Jones, 515 U.S. 304, 317-18, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995) (<HOLDING>). As for LaLonde’s claims of excessive force, I | [
"holding that the existence of genuine issues of material facts render not appealable a pretrial denial of summary judgment on the issue of qualified immunity",
"holding that when there are no genuine issues of material fact summary judgment is appropriate",
"holding that a denial of a claim of qualified immuni... | 00 |
In essence, Landowners argue that Star Enterprise’s negligence has interfered with their ability to contract with third parties for the sale of their homes, the same type of damages, for which the Virginia Supreme Court imposed a physical impact requirement in Philip Morris. Landowners rely upon Pruitt v. Allied Chemical Corp., 523 F.Supp. 975 (E.D.Va.1981), in arguing that Virginia law permits recovery for pure economic loss in the absence of direct physical impact. In Pruitt, the plaintiffs were individuals who derived their livelihoods from marine life in the Chesapeake Bay which had been polluted by chemicals allegedly discharged into the Bay by the defendant. The federal district court, construing Virginia la L.Ed.2d 562 (1986); Union Oil Co. v. Oppen, 501 F.2d 558 (9th Cir.1974) (<HOLDING>); Burgess v. M/V Tamano, 370 F.Supp. 247 | [
"holding no right to recover for economic loss resulting from defendants injury to a third party with whom plaintiff has contractual business relationship",
"holding commercial fishermen may recover for pollution resulting from defendants oil spill",
"holding that evidence resulting from an unconstitutional sea... | 11 |
Cas. and Sur. Co., 435 F.3d 252, 260 (3d Cir.2006) (“It has long been the rule in this Circuit that insurance policies are considered part of the property of a bankruptcy estate”) (citing Estate of Lellock v. The Prudential Ins. Co. of Am., 811 F.2d 186, 189 (3d Cir.1987)); In re Louisiana World Exposition, Inc., 832 F.2d 1391, 1399 (5th Cir.1987); In re SN Liquidation, Inc., 388 B.R. 579, 583-584 (Bankr.D.Del.2008) ("Insurance policies purchased and paid for by a debtor are property of the estate.”); In re World Health Alternatives, Inc., 369 B.R. 805, 809 (Bankr.D.Del.2007) ("It is clear that insurance policies purchased and paid for by a debtor are property of the estate."); In re A (Bankr.E.D.N.Y.1999) (same); but see In re Circle K Corp., 121 B.R. 257 (Bankr.D.Ariz.1990) (<HOLDING>). 31 . See In re Allied Digital, 306 B.R. at | [
"holding the real estate sale proceeds",
"holding that where the policy names only the directors or officers as insured the proceeds are not property of the estate",
"holding that because proceeds of a letter of credit were not secured by estate collateral the proceeds were not property of the estate",
"holdi... | 33 |
no evidence that Georgia’s “general” K-12 local schools offer “a year round program with multi-age, student-centered classrooms featuring pedagogy that is based on constructivist and multiple intelligence learning” like CCAT. Why is that curriculum not sufficiently different to qualify as “special”? Again, the majority does not say. If a “special school” is to be compared to the ordinary local school and must only differ to some extent, then the Charter Schools Commission could create all sorts of commission charter schools that should satisfy constitutional scrutiny, even if the three charter schools at issue in this case are not “different” enough to satisfy the majority. If that is the case, the majority errs in striking down the 2008 Act on its face. See Blevins, 288 Ga. at 118 (<HOLDING>). In the normal course of constitutional | [
"recognizing that a plaintiff may be able to establish that the statute is unconstitutional by showing that the statute lacks any plainly legitimate sweep citation omitted",
"holding that facially valid indictment may not be challenged on the ground that it is based on inadequate evidence",
"holding that the t... | 44 |
that the “Florida Legislature created the Fund as a self-insurance fund to provide liability insurance to governmental agencies and employees in civil rights cases” (citing § 284.30, Fla. Stat.)). Section 284.30 provides that when a party seeks attorney’s fees from a state agency, the party is required to serve notice with a copy of the pleading claiming the fees on DFS. On appeal, N.S. argues that a parent in a dependency proceeding does not fall within the plain language of the statute, which provides as follows: A state self-insurance fund, designated as the “State Risk Management Trust Fund,” is created to be set up by the Department of Financial Services and administered with a program of risk management, which fund is to provide insurance, as authorized by s. Fla. 1st DCA 1987) (<HOLDING>). However, courts have not addressed whether | [
"holding that section 12309 is a condition precedent to the accrual of rights against a municipality",
"holding a suit against an agency of the state is a suit against the state",
"recognizing that the notice required by section 28430 is a condition precedent to the recovery of attorneys fees pursuant to sectio... | 22 |
the merits of these motions — were rendered moot by that order and are revived by this Court’s vacating the new trial order. Therefore, the majority’s opinion effectively deciding those motio ial while retaining jurisdiction over the proceedings necessarily mooted the pending motions for entry of judgment on the verdict and entry of JNOV. Under the mootness doctrine, this Court has no jurisdiction to render a judgment and opinion granting or denying either of those mooted motions. Upon this Court’s vacating the trial court’s order granting a new trial in response to this mandamus petition, the trial court still retains jurisdiction over the case until entry of final judgment in that court. See In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 230-32 (Tex. 2008) (orig. proceeding) (<HOLDING>). The judgment rendered by this Court, | [
"holding that a resentencing court may reconsider a defendants criminal history category as long as the appellate court did not expressly or implicitly limit the remand to only a portion of the sentence",
"holding that this court may reconsider an erroneous ruling as long as the appeal is current",
"holding th... | 44 |
would result from pretrial publicity or the kind of prejudice that would require a change of venue. Moreover, the court finds that Johnson waived the issue by failing to renew or reurge her motion for a change of venue at the conclusion of jury selection on the ground that the voir dire of potential jurors demonstrated that the pool was so tainted with prejudice that she could not obtain a fair trial in this district. As the court observed in its pretrial ruling, at the second tier of the analysis of a motion for a change of venue, if the court concludes that no presumption of prejudice is warranted pretrial, the court must look at the voir dire testimony of potential trial jurors to determin 7 L.Ed.2d 909 (2004); People v. Burnham, 2001 WL 936764, *1 (Mich.Ct.App. Aug.17, 2001) (<HOLDING>); State v. Couture, 587 N.W.2d 849, 852 | [
"holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms",
"holding in a capital case that the defendant waived his argument that the trial court erred when it denied his motion for a change of venue where the trial court took the motion unde... | 44 |
she did not remember demanding money of the store clerk and states that her companion told the clerk to open the cash register. Yet, according to the clerk’s testimony, it was she, the female robber, who demanded money. She emphasized her drunken state and implied that her accomplices threatened her. Because Miles may reasonably have thought such a statement would decrease her practical exposure to criminal liability, the statement was not reliable as being against her penal interest. Cf. Williamson, 512 U.S. at 601, 114 S.Ct. at 2435 (stating that court “may not just assume ... that a statement is self-inculpatory because it is part of a fuller confession, and this is especially true when the statement implicates someone else”); id. at 604, 114 S.Ct. at 2437 (O’Connor, J., concurring) (<HOLDING>); Earnest, 87 F.3d at 1134 (noting that proper | [
"holding improperly admitted testimony was cumulative to the other properly admitted evidence and was therefore harmless",
"holding that codefendants statement was not properly admitted because a reasonable person in declarants position might even think that implicating someone else would decrease his practical e... | 11 |
sentences for bank robbery consecutively or concurrent ly. However, the statute does not permit the court to decide whether any future sentence would be consecutive or concurrent to those five sentences. Rather, when sentences are imposed at different times, § 3584(a) only authorizes a court to determine whether a sentence should be consecutive or concurrent if the defendant is “already subject to an undischarged term of imprisonment.” 18 U.S.C. § 3584(a) (emphasis added). Another sentence must exist at the time a district court imposes its sentence; a court cannot impose its sentence consecutively to a sentence that does not yet exist. The better-reasoned cases from our sister circuits have reached the same conclusion. See Romandine v. United States, 206 F.3d 731, 738 (7th Cir.2000) (<HOLDING>); United States v. Quintero, 157 F.3d 1038, | [
"holding that a term of imprisonment begins at the time a prisoner is sentenced",
"holding that 3584a allows the district judge to specify the sequence of service of terms of imprisonment only when sentences are imposed at the same time or the other sentence is an undischarged term of imprisonment to which the ... | 11 |
program” were eventually incorporated into the final remedial plan for the site in September 1991. Id. at 806-07. A CERCLA cost recovery suit for contribution was filed in September 1997. Id. at 807. The court considered whether the initial installation of the wells constituted a remedial action which would trigger CERCLA’s six-year statute of limitations. Plaintiff argued that no remedial action could take place until a final remedial plan had been officially approved. Id. at 811. The court rejected that bright-line test in favor of an analysis of the proximity of the action to the “disclosure of the final remedial design, which may occur prior to approval of the final remedial plan.” Id. at 812; see also State of California v. Hyampom Lumber Co., 903 F.Supp. 1389, 1393 (E.D.Cal.1995) (<HOLDING>); Geraghty and Miller, 234 F.3d at 927 (actions | [
"holding that a draft rap constituted a final remedial design",
"holding that employees conviction for possession of a controlled substance constituted gross misconduct",
"holding that director of taxation may select remedial option",
"holding that a confrontation clause violation constituted harmless error",... | 00 |
ignoring the “series of events” that occurred between May 2006 and January 2007, and that those events establish the requisite causal connection. The anti-retaliation provision of the FCRA prohibits an employer from discriminating against a person for opposing an unlawful employment practice or for making a charge of discrimination. Fla. Stat. § 760.10(7). The district court correctly found that Jiles had not put forth any evidence to show a causal connection between the protected activity of his administrative charge of race discrimination in May 2006 and his January 2007 termination. Further, the district court did not err when it reasoned that the time-frame of eight months does not sufficiently proximate to establish a causal connection. Doc. 72 at 12; see Thomas, 506 F.3d at 1364 (<HOLDING>). We therefore find no error in the district | [
"holding that a three to four month period between the protected activity is not enough to show very close temporal proximity",
"holding that a three and onehalf month temporal proximity is insufficient to create a jury issue on causation",
"recognizing temporal proximity when agency had knowledge of employees ... | 00 |
for determining whether one offense is a lesser included offense of another crime: [T]he definitions accorded the crimes determine whether one crime is a lesser included offense of another crime. In other words, all of the essential elements of the lesser crime must also be essential elements included in the greater crime. If the lesser crime has an essential element which is not completely covered by the greater crime, it is not a lesser included offense. State v. Weaver, 306 N.C. 629, 635, 295 S.E.2d 375, 378-79 (1982) (citation omitted) (emphasis omitted), overruled in part on other grounds by State v. Collins, 334 N.C. 54, 61, 431 S.E.2d 188, 193 (1993); accord State v. Hedgepeth, 165 N.C. App. 321, 324, 598 S.E.2d 202, 205, disc. rev. denied, 359 N.C. 193, 607 S.E.2d 656 (2004) (<HOLDING>). Defendant was indicted for first degree rape. | [
"holding that a lesser crime cannot be a lesser included offense of a greater crime if the lesser crime contains an essential element not included in the greater crime",
"holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime",
... | 00 |
as McColman argues. Federal Rule of Civil Procedure 15(b)(2) provides: When an issue not raised by the pleadings is tried by the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move — at any time, even after judgment — to amend the pleadings to conform them to the evidence and to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue. By its plain terms, Rule 15(b)(2) only applies to claims that are tried, and this case was disposed of on summary judgment. Further, Doan did not consent to trying the handcuffing claim — he objected to the claim in both his motion for summary judgment and at oral argument on that motion. Cf. Siler v. Webber, 448 Fed.Appx. 50, 58 (6th Cir.2011) (<HOLDING>). The fact that Doan would not have been | [
"holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them",
"holding unpleaded claims or defenses that are tried by express or implied consent of parties are treated as if they ha... | 33 |
(“No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.” (emphasis added)); Petersen, 301 F.3d at 1188 (“An employer’s action against an employee cannot be because of that employee’s protected opposition unless the employer knows the employee has engaged in protected opposition.”). In other words, Mr. Jones cannot establish a causal link between his allegedly protected activity and UPS’s refusal to return him to work unless he can show that UPS knew he was engaging in protected activity. See Williams v. Rice, 983 F.2d 177, 181 (10th Cir.1993) (<HOLDING>). To establish causation, Mr. Jones must | [
"holding that five weeks between protected activity and adverse employment action insufficient to establish a causal connection",
"holding that the plaintiff had to provide direct or circumstantial evidence that the supervisors who took the adverse action against the plaintiff knew about the protected activity pr... | 22 |
to the present tense, it is doubtful that this change prejudiced defendant when defendant’s response to Mr. Falvey’s question is examined in context. First, it appears that defendant’s use of the past tense was a slip of the tongue because he was responding to a question asked of him in the present tense. In addition, he began his response with the word “currently.” Moreover, defendant’s lawyer, in his cross-examination of Lieutenant Commander Donald Ray Opedal, elicited testimony to the effect that defendant represented at the August 9, 1985 meeting that he was unemployed. Finally, the Court instructed the jurors that the arguments of counsel were not evidence and that their recollection of the evidence controlled. See, e.g., United States v. Ashworth, 836 F.2d 260, 267 (6th Cir.1988) (<HOLDING>); United States v. Sarmiento, 744 F.2d 755, 762 | [
"holding that there was no abuse of discretion in denying mistrial based on a comment that the defendant was in prison where the comment provided the jury with little detail",
"holding prejudicial effect of prosecutors comment not rendered harmless by courts general instruction that the arguments of counsel are n... | 44 |
an offset against the alimony award by the amount stolen by defendant and now due to plaintiff. We recognize, as did the trial judge, that alimony and equitable distribution are distinct but related types of relief. However, the discretionary application of the equitable maxim of unclean hands applies to matrimonial cases. Heuer v. Heuer, 152 N.J. 226, 238, 704 A.2d 913 (1998). It is well settled that a party “ ‘in equity must come into court with clean hands and ... must keep them clean ... throughout the proceedings.’ ” Chrisomalis v. Chrisomalis, 260 N.J.Super. 50, 53-54, 615 A.2d 266 (App.Div.1992) (quoting A. Hollander & Son, Inc. v. Imperial Fur Blending Corp., 2 N.J. 235, 246, 66 A.2d 319 (1949)). See also Thompson v. City of Atlantic City, 190 N.J. 359, 384, 921 A.2d 427 (2007) (<HOLDING>) (quoting Ryan v. Motor Credit Co., 132 N.J. | [
"holding he who seeks equity must do equity ",
"holding that the formula in section 522f2a creates equity for purposes of lien avoidance even if debtors otherwise have no equity in the property",
"holding that an insufficient pleading in equity is a nullity",
"holding that an action for specific performance ... | 00 |
Inc., 415 U.S. 125, 127, 94 S.Ct. 1002, 39 L.Ed.2d 209 (1974) (internal quotations and citations omitted). Indeed, the federal questions “must be disclosed upon the face of the complaint, unaided by the answer or by the petition for removal.” Gully v. First Nat’l Bank, 299 U.S. 109, 113, 57 S.Ct. 96, 81 L.Ed. 70 (1936). A federal defense cannot serve as the basis for federal jurisdiction. Caterpillar Inc. v. Williams, 482 U.S. 386, 393, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987) (“Thus, it is now settled law that a case may not be removed to federal court on the basis of a federal defense.”)(emphasis in original). Similarly, federal jurisdiction cannot be predicated on a counterclaim. Holmes Group v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 831, 122 S.Ct. 1889, 153 L.Ed.2d 13 (2002)(<HOLDING>) Fannie Mae’s Charter The Davises final | [
"holding that a defendants counterclaim that is based on the breach of the same maritime insurance contract as the main claim cannot be granted a jury trial because the resolution of the defendants claim would dispose of all or part of the plaintiffs action the net result would be to resolve the case in a jury tri... | 44 |
227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999) — applied retroactively to vacated Pizarro’s sentence and remanded for resentencing, and after Pizarro had filed his opening brief in this third appeal. The fact that the Supreme Court denied Pizarro’s petition for a writ of certiorari after his first appeal, Pizarro-Morales v. United States, 546 U.S. 1199, 126 S.Ct. 1397, 164 L.Ed.2d 99 (2006), does not change the fact that his judgment of conviction was not final at the time Alleyne was decided, given that we had vacated his sentence and remanded for resentencing. See Berman, 302 U.S. at 212, 58 S.Ct. 164 (indicating that a judgment of conviction would not be final if the sentence were vacated); see also Mercer v. Theriot, 377 U.S. 152, 153, 84 S.Ct. 1157, 12 L.Ed.2d 206 (1964) (per curiam) (<HOLDING>); Dodson, 291 F.3d at 276 n. 3 (citing Mercer | [
"holding that supreme court need not consider issue not raised in petition for certiorari",
"holding that even a remand by the supreme court for reconsideration in light of an intervening court opinion does not require the court to consider an argument raised for the first time in a petition for certiorari",
"h... | 22 |
in an IRA were exempt. The court determined that the Wisconsin statute continued to exempt pension-plan proceeds after receipt by the beneficiary. Because the exemption statute in Woods differs substantially from § 522(d)(10), the holding in that case is inap-posite to the present matter. Notwithstanding the specific language of § 522(d)(10), the debtor argues that whenever a debtor rolls over funds from an exempt pension plan to an IRA, “equity dictates that the exemption should remain.” Debtor’s Brief at 2. ‘Whatever the ‘equitable’ considerations to which [the debtor] refers, ... his right to an exemption is governed by statute, and ... none of the statutory exemption provisions applies....” In re Clark, 711 F.2d at 23. But cf. In re Donaghy, 11 B.R. 677, 678-80 (Bankr.S.D.N.Y.1981) (<HOLDING>). The debtor has presented no evidence | [
"holding in a ease where debtor elected for reasons of ill health and in order to meet present needs to take pension benefits in one lumpsum payment three weeks before filing bankruptcy petition that the proceeds would retain the exempt status provided by 522d10e because they were a tangible reflection of the debt... | 00 |
any physician that described her as obese, much less gave an opinion that her weight imposed additional limitations upon her or exacerbated her other conditions. Therefore, even if Reynolds’ silence on the issue of obesity is not deemed to waive consideration of that issue, it does not appear that evidence existed regarding her obesity that the ALJ should have considered. The ALJ also did not err in assessing Reynolds’ credibility. An ALJ is in the best position to observe witnesses’ de meanor and to make an appropriate evaluation as to their credibility. Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 531 (6th Cir.1997). Therefore, an ALJ’s credibility assessment will not be disturbed “absent compelling reason.” Smith v. Halter, 307 F.3d 377, 379 (6th Cir.2001); Walters, 127 F.3d at 531 (<HOLDING>). In making a credibility determination, Social | [
"holding that agency interpretation which is reasonable is entitled to deference",
"holding that the courts conclusion that transfer was appropriate is to be accorded great deference",
"holding that the district courts credibility assessments are entitled to deference and reviewed for clear error",
"recognizi... | 33 |
debtor and made within 910 days of the filing of a bankruptcy petition. As discussed in more detail below, 910 car loans receive special treatment under the Bankruptcy Code. 7 . This case was filed after October 17, 2005, when most provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) became effective. Pub.L. 109-8. All future statutory references are thus to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. §§ 101-1532 (2005), unless other specifically noted. 8 .541 U.S. 465, 484-85, 124 S.Ct. 1951, 158 L.Ed.2d 787 (2004) (adopting formula approach, requiring adjustment of prime national interest rate based on risk of nonpayment). 9 . Section 1325(a) (emphasis added). 10 . In re Billings, 838 F.2d 405 (10th Cir.1988) (<HOLDING>) and In re Horn, 338 B.R. 110, 113 | [
"holding that under georgia law a creditors refinancing of a promissory note destroyed the purchase money nature of the creditors security interest in a wall unit which served as collateral",
"holding that a purchase money security in jewelry was not lost when the perfected purchase money security interest was co... | 33 |
in the record of any possible medical treatment that Monroe County or the individual defendants could have provided to save the life of the Decedent. Phillips argues in her brief that it is not necessary for her to prove chemotherapy would have saved the Decedent’s life. First, she refers to the fright and anxiety both she and the Decedent suffered because of the delay in chemotherapy. In this regard, Phillips confuses the causation issue. In a survival action, damages for the Decedent’s physical suffering and mental anxiety as a result of the alleged deprivation of medical care would have been appropriate. In a wrongful death context, however, no damages are available until the plaintiff has cleared the causation hurdle. See Wilks v. Am. Tobacco Co., 680 So.2d 839, 842 (Miss.1996) (<HOLDING>). Second, Phillips suggests that she need only | [
"recognizing cause of action for wrongful death",
"holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute",
"holding unconstitutional a state wrongful death statute which... | 11 |
Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed “plain.” c. Did the plain error affect Thomas’s substantial rights? An error affects a defendant’s “substantial rights” if it is “prejudicial” and it “affected the outcome of the district court proceedings.” Gore, 154 F.3d at 47. “Though ‘prejudice’ is also required to show that an error is not ‘harmless,’ pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that ‘[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65, | [
"holding that any error was harmless and thus not plain error",
"holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment",
"holding that sentencing error is harmless if the error did not affe... | 33 |
as a special education teacher, and commencing her intended career. Compl. at ¶ 77. These allegations are sufficient to demonstrate ongoing harm. Likewise, Plaintiffs requested injunctive relief — that the Individual Defendants change Plaintiffs grade and permit her to continue her studies at Hunger College — is purely prospective, as it would require state officials to take future action to prevent present and future harm. See Flint, 488 F.3d at 825. The fact that this injunction also remedies a past harm does not “render[ ] an otherwise forward-looking injunction retroactive. If it did, the rule allowing prospective relief would be substantially undermined because the need for prospective relief often arises out of a past injury.” Russell v. Dunston, 896 F.2d 664, 668 (2d Cir.1990) (<HOLDING>) (citing Milliken v. Bradley, 433 U.S. 267, 97 | [
"holding that criticism of judicial action already taken even though the cases were still pending on other points or might be revived by rehearings was not enough to satisfy the clearandpresentdanger standard",
"holding that courts should order reinstatement under the adea whenever it is an appropriate remedy bec... | 44 |
DCA 1999) (quoting Gibbs v. Gibbs, 686 So.2d 639, 641 (Fla. 2d DCA 1996)). Furthermore, the Straney case relied upon by the dissent is distinguishable. That case involved an order that changed a custody order’s time-sharing arrangement to give one of the parties more time with the child, not a change in custody. As noted in Boykin, the test for proving entitlement to custody modification has two prongs: 1) whether there is a substantial and material change of circumstances; and 2) whether the child’s welfare will be promoted by a change in custody. The party seeking custody modification must overcome the “extraordinary burden of proving both elements.” 843 So.2d at 320. It is therefore incumbent on the trial court to apply this extraordinary burden test. See Hastings, 875 So.2d at 779 (<HOLDING>). The court here failed to do so. Our review of | [
"holding that trial court abused its discretion by denying a motion for rule 11 sanctions without adequate explanation",
"holding trial court abused its discretion by refusing to conduct hearing and render decision on motion",
"holding trial court abused discretion by assessing sanctions without supporting evid... | 44 |
Reversed. Judge HUNTER, JR. concurs in result with separate opinion. Judge STEELMAN dissents. 1 . The pseudonym T.A.S. is used to protect the identity of the juvenile. 2 . The record does not indicate whether the male students’ underwear was subject to the search or, if so, how the inspection thereof was conducted. In fact, Ms. Robinson’s testimony suggests that only the girls were subject to this more extensive search. 3 . The same standard applies here despite the presence of a law enforcement officer because, as found by the trial court, the search was conducted by school administrators and staff, and the school resource officer’s role was limited to observation, as he did not participate in the actual search. See In re Murray, 136 N.C. App. 648, 650, 525 S.E.2d 496, 498 (2000) (<HOLDING>); see also In re J.F.M. & T.J.B., 168 N.C. App. | [
"holding that search of shoulder bag was not authorized by search warrant for apartment",
"holding that search of backpack constituted a search of defendants person and was not authorized by search warrant for premises",
"holding the tlo standard governs school searches when school resource officers who althou... | 44 |
to suspect that the agency would refuse to adhere to clearly applicable precedent. See Philipp Bros., Inc. v. United States, 10 CIT 76, 80, 630 F. Supp. 1317, 1321 (1986). 12 Accordingly, this Court finds Timken’s arguments regarding the application of adverse facts available to Premier are without merit. Premier fully participated in the review, and has no control over it’s suppliers cooperation. Section 1677e(b) of Title 19 states that when Commerce finds “that an interested party failed to cooperate .. . [the agency] may use an” adverse inference. Premier’s suppliers are not interested parties. Therefore, the Court will not apply adverse facts to Premier as a result of its suppliers’ deficiencies. See generally Kompass Food Trading Int'l v. United States, 24 CIT 678, 682-83 (2000) | [
"holding that tax courts miller opinion will no longer be followed",
"holding that once a respondent refuses to supply information commerce no longer focuses on the true margin but rather on determining an adverse margin that will induce future cooperation",
"holding that once the scene was secure exigent circu... | 11 |
official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). The plaintiff bears the burden of showing that the constitutional right allegedly violated was clearly established “before the defendant acted or failed to act.” Rice v. Burks, 999 F.2d 1172, 1174 (7th Cir.1993) (citing Rakovich v. Wade, 850 F.2d 1180 (7th Cir.), cert. denied, 488 U.S. 968, 109 S.Ct. 497, 102 L.Ed.2d 534 (1988)). This requires the plaintiff to offer either a closely analogous case or evidence that the defendants’ conduct is so patently violative of the constitutional right that reasonable officials would know without guidance from the courts. See Rice, at 1173-74; McDonald v. Haskins, 966 F.2d 292 (7th Cir.1992) (<HOLDING>). To determine the applicability of qualified | [
"holding that deputies use of a police dog is subject to excessive force analysis",
"holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim",
"holding that a police officer was not liable for u... | 44 |
making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant’s advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was mentioned later during the trial. See United States v. Beckett, 706 F.2d 519, 520 (5th Cir.1983) (“Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor’s conduct, however, wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless.”); see also United States v. Bermea, 30 F.3d 1539, 1563-66 (5th Cir.1994) (<HOLDING>). This ground for a new trial, therefore, is | [
"holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify",
"holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to ... | 22 |
part: "If no objections have been timely filed, the court shall forthwith enter judgment on the referee’s report.” 2 . An amended order was entered on December 22, 2009, to correct a typographical error. 3 . Prejudgment interest awarded to a successful defendant on a counterclaim accrues from the date the counterclaim, not the plaintiff's complaint, is filed. Uncle Henry’s, Inc. v. Plaut Consulting, Inc., 382 F.Supp.2d 150, 154 (D.Me.2005) (interpreting 14 M.R.S. § 1602-B(5) (2009)). 4 . We recognized an exception to this general rule with respect to post-judgment interest on certain child support arrearage claims, which were deemed to be a "unique area of the law.” Walsh v. Cusack, 2008 ME 74, ¶ 9, 946 A.2d 414, 417. 5 . See also Walsh, 2008 ME 74, ¶¶ 10-11, 946 A.2d at 417-18 (<HOLDING>); Tarbuck v. Jaeckel, 2000 ME 105, ¶ 25 n. 5, | [
"holding that section 1961 applied where the parties agreement failed to specify that the selected interest rate applied to either judgements or judgment debts",
"holding that walsh was entitled to postjudgment interest on child support arrearage but vacating and remanding the arrearage judgment because the judgm... | 11 |
of the separation of powers doctrine. Several courts and commentators have recognized, however, that this language is meaningless unless read within the context of the court’s discussion of section 5 of the Fourteenth Amendment. See, e.g., Guerrero, 290 F.3d at 1219-20 (“[the Boerne court’s] discussion of the separation of powers doctrine was entirely within the framework of its section 5 analysis — not an independent rationale”); Kikumura, 242 F.3d at 958-59 (“Although the court did mention separation of powers concerns in [Boeme], this language must be read in the context of the entire opinion and the question being considered”); Gregory P. Magarian, How to Apply the Religious Freedom Restoration Act to Federal Law Without Violating the Constitution, 99 Mich. L.Rev. 1903, 1914 (2001) (<HOLDING>). For these reasons, the court concludes that | [
"holding that the plain language of the diversity jurisdiction statute permitted a workmens compensation claim to be filed as an original action in federal court even though congress clearly intended to prohibit the removal of such claims congress used language specifically barring removal of such cases from state ... | 22 |
States Dist. Court, 407 U.S. 297, 313, 92 S.Ct. 2125, 32 L.Ed.2d 752 (1972). The Supreme Court has recognized that “searches and seizures inside a home without a warrant are presumptively unreasonable.” Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). However, the Supreme Court has permitted exceptions to the warrant requirement when “special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” New Jersey v. T.L.O., 469 U.S. 325, 351, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Blackmun, J., concurring in judgment) (allowing school officials to conduct warrantless searches of student property without probable cause); see also O’Connor v. Ortega, 480 U.S. 709, 107 S.Ct. 1492, 94 L.Ed.2d 714 (1987) (<HOLDING>); Griffin v. Wisconsin, 483 U.S. 868, 873-74, | [
"holding searches conducted without a warrant based on probable cause are presumptively unreasonable",
"holding neither the warrant requirement nor the probable cause requirement should apply to noninvestigatory workrelated purposes or for investigations of workrelated misconduct ",
"holding a person may consen... | 44 |
from the class if the member so requests”). 36. Plaintiffs observe that after receiving-class notice in the ordinary case, a would-be class member cannot refuse to opt out and later object to class certification. Plaintiffs argue that through declining to opt out, the class member has in essence consented to the propriety of class certification. Courts have held, for example, that a decision not to opt out of a class should foreclose attacks on whether the class has adequate representation. See, e.g., Shore v. Parklane Hosiery Co., Inc., 606 F.2d 354, 357-58 (2d Cir.1979) (observing that right to opt-out of the proposed settlement protects class members’ interests from alleged inadequate representation); see also Torrisi v. Tucson Elec. Power Co., 8 F.3d 1370, 1378 (9th Cir.1993) (<HOLDING>), cert. denied, 512 U.S. 1220, 114 S.Ct. 2707, | [
"holding that conflicts of constitutional magnitude can arise from cases of successive representation",
"holding that the failure to optout precluded challenge to adequate representation based upon purported conflicts of interest between subclasses",
"holding that there is a qualified first amendment right of a... | 11 |
of the debtor. This distinction appears immaterial under the language of sec. 409.402(7), Stats. 7 In other contexts, a security interest properly perfected at one time may later become unperfected through creditor inaction. See, e.g. sec. 409.103(l)(d)l, (2)(b), (3)(e), Stats, (four month grace periods preserving perfection in collateral removed from jurisdic tion); sec. 409.403(2) (lapse of financing statements after 5 years unless continued). 8 Interestingly, the Ansley court held that a filing under "the name Ansley Farms instead of the debtor's true name — Emory Ansley — is seriously misleading, making [the]. . . security interest unperfected.. . ." Id,., 467 F.Supp. at 55. Other cases reaching similar results are In Re Wishart, 10 U.C.C. Rep. Serv. 1296 (Bankr.W.D. Mich. 1972) (<HOLDING>); In Re Brawn, 7 U.C.C. Rep. Serv. 565 (D.C. | [
"holding that the filing of notice without motion is insufficient",
"holding a filing under mccauleys reprographics and mapping insufficient to perfect a security interest in the assets of the debtor corporation",
"holding that the reservation of a claim need not name a defendant but only identify the type of c... | 33 |
address the precise language of the agreement. See id. at 1018. That case cannot stand for the proposition that any contractual rate of interest applies postjudgment, because that would conflict with the merger rule and would have made it unnecessary for the court in Hymel to emphasize that the contractual rate of interest applied both before and after judgment. 23 .See also Steven H. Reisberg & Kristin M. Pauley, An Arbitrator’s Authority to Award Interest on an Award Until "Date of Payment”: Problems and Limitations, 2013 Int’l Arb. L.Rev. 25, 29-30 ("To successfully ‘contract out’ of the statutory post-judgment interest rates, it is therefore critical that the language used specifically refer to the post-judgment period.”). 24 . Cf. also Carte Blanche, 888 F.2d at 264, 268-70 (<HOLDING>) 25 . See also Hosier v. Citigroup Global | [
"holding that arbitration award of postaward interest at 8 accruing from the 31st day after service of this award until final payment of the award was insufficient to displace federal rate",
"holding that rule 60a is the proper vehicle for correcting a judgment in order to provide for an award of prejudgment in... | 22 |
that the trial court could properly conclude that “there was no showing of uniform conduct likely to mislead the entire jury is not required for non-representative class members, the issues of reliance and injury do not foreclose Plaintiff Brown’s UCL class action. See, e.g., Yamada v. Nobel Biocare Holding AG, 275 F.R.D. 573, 578 (C.D.Cal.2011) (“The ... the alleged omissions and affirmative misrepresentations were consistently made and are therefore common to all members of the putative class.”); Wiener v. Dannon Co., 255 F.R.D. 658, 669 (C.D.Cal.2009) (“For a class action, an inference of reliance arises as to the entire class only if the material misrepresentations were made to all class members.”); Negrete v. Allianz Life Ins. Co. of N. Am., 238 F.R.D. 482, 492 (C.D.Cal.2006) (<HOLDING>). Accordingly, Plaintiff Brown may prove with | [
"holding that the court could reasonably assume that no rational class member would have purchased the product had he known of the alleged misrepresentation",
"holding that a person cannot reasonably rely on a misrepresentation when the contents of a written instrument contradict the alleged misrepresentation",
... | 00 |
to commit the crime in the manner specified. Voluntary abandonment of purpose after an act constituting an attempt is not a defense. The definition in the 1928 and 1949 Manuals was as follows: An attempt to commit a crime is an act done with intent to commit that particular crime, and forming part of a series of acts which will apparently, if not interrupted by circumstances independent of the doer’s will, result in its actual commission. Para. 152c, Manual for Courts-Martial, U.S. Army, 1928; para. 183c, Manual for Courts-Martial, U.S. Army, 1949. The Articles for the Government of the Navy also did not have any general statutory prohibition of attempts; but apparently they often were punishable as lesser-included offenses. See, e.g., section 91, Naval Courts and Boards, 1937 (<HOLDING>) According to naval law: If an attempt is not | [
"holding that where an agent is guilty of independent fraud for his benefit knowledge of the fraud is not imputed to the principal",
"recognizing attempted fraud as a lesserincluded offense of fraud in violation of article 14 for the government of the navy",
"holding that under the pre1986 jurisdictional limita... | 11 |
unique facts and circumstances of each case” to determine whether an individual voluntarily consented to a search. Schneckloth v. Bustamonte, 412 U.S. 218, 233, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). The district court’s sifting of the unique facts and circumstances in this case changed from its first order to its second order. When the district court reviewed the evidence through the lens of an unlawful seizure, it was then-and only then-the court found Loos’s and Escobar’s consents were constitutionally deficient. The district court properly considered the legal effect of the officer’s lie about the drug dog alerting when pondering whether Loos and Escobar voluntarily consented to the searches of their luggage. The Supreme Court has “stated that even when of 86, 1191 (8th Cir.1992) (<HOLDING>). Realizing there is “a vast difference between | [
"holding that a fiftynine minute detention to wait for a drug dog was reasonable where the officer requested the dog immediately after developing reasonable suspicion",
"holding that a district court did not clearly err in finding consent where two agents testified that the defendant orally consented but the defe... | 33 |
§ 6323(a), leave which is never afforded to nonmilitary personnel. Furthermore, the cases Defendants cite in support of their contention address situations in which employers had unilateral policies affording additional benefits or rights to absent military personnel. While courts have consistently held that employers do not commit a USERRA violation in revoking these extra benefits, these cases do not address USERRA rights provided by statute. See Crews v. City of Mt. Vernon, 567 F.3d 860, 865 (7th Cir.2009) (rescission of a flexible work scheduling program did not constitute a USERRA violation); Gross v. PPG Indus., Inc., 636 F.3d 884, 889 (7th Cir.2011) (rescission of differential pay policy did not violate US-ERRA); Welshans v. U.S. Postal Serv., 550 F.3d 1100, 1104 (Fed.Cir.2008) (<HOLDING>). There is simply no plausible argument that | [
"holding that revocation of benefits provided by the employee and labor relations manual did not implicate userra",
"holding an employee manual did not create contract restricting the employmentatwill relationship",
"holding enforceable employee manual that was distributed to all employees",
"holding that the... | 00 |
for a valid charging lien set forth by the supreme court in Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So.2d 1383, 1385 (Fla.1983). “In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.” Daniel Mones, P.A. v. Smith, 486 So.2d 559, 560 (Fla.1986) (citing Sinclair, Louis, 428 So.2d at 1385). Notice is timely where the charging hen is filed prior to entry of the final judgment. See Gaebe, Murphy, Mullen & Antonelli v. Bradt, 704 So.2d 618 (Fla. 4th DCA 1997). Conversely, an attorney’s charging hen is untimely and may not be established in proceedings after final judgment has been entered. See Milio v. Leinoff & Silvers, P.A., 668 So.2d 1108 (Fla. 3d DCA 1996) (<HOLDING>). Here, Mr. Johnson did not give notice of | [
"holding premature notice of appeal was treated as entered on date of entry of final judgment",
"holding in part as a general rule a trial courts judgment becomes final thirty days after its entry unless a party files a timely notice of appeal or specified posttrial motion",
"holding that the trial court had no... | 33 |
S.W.2d 759, 767 (Tex.Ciim.App.1973) (stating that seizure conducted within parameters of a valid search warrant did not violate defendant’s constitutional rights where officers acted in accordance with procedural guidelines). Accordingly, we overrule appellant’s third and fourth issues. In his fifth and sixth issues, appellant contends that the method of seizure violated the constitutional provisions prohibiting ex post facto laws found in article I, section 10, clause 1 of the U.S. Constitution and article I, section 16 of the Texas Constitution. Ex post facto prohibitions apply to civil statutes only when the statutory scheme is so punitive either in purpose or effect as to transform what was clearly intended as a civil remedy into a criminal penalty. See Rodriguez, 93 S.W.3d at 67 (<HOLDING>). Forfeitures under chapter 59 of the code of | [
"holding that the interpretation of statutory language should be consistent with the legislatures purpose and intent",
"holding that courts must generally give effect to the plain meaning of a statute because that is the best evidence of the legislatures intent",
"holding that the legislatures manifest intent w... | 22 |
purports to be — an authorization to settle the case for $500,000. In sum, the Court rejects Plaintiff's attempt to rely on this prior settlement discourse as a means to establish a viable amendment. 3 . Plaintiff could have amended her administrative claim at this time because the INS had not yet denied her claim. See generally 28 U.S.C. § 2675(a). However, Plaintiff elected not to file an amendment. 4 . Plaintiff contends that Defendant has the burden of showing that Plaintiff's injury was not reasonably foreseeable when Plaintiff filed her administrative claim. (PL’s Reply at 2-3.) Plaintiff is wrong. It is well settled that a plaintiff has the burden of proving “newly discovered evidence" under 28 U.S.C. § 2675(b). See Milano v. United States, 92 F.Supp.2d 769, 774 (N.D.Ill.2000) (<HOLDING>); see also Lowry, 958 F.Supp. at 719 (“The | [
"holding that newly discovered evidence must be that which existed at the time of trial but for an excusable reason was not discoverable until later",
"holding that in order to qualify as newly discovered evidence the evidence must have been in existence and hidden at the time of judgment",
"holding that a plai... | 22 |
or determination of an officer, board, commission, authority or tribunal. Such petition shall be filed within 30 days after the date of the decision or determination complained of and shall recite such decision or determination and set forth the errors alleged to have been committed therein. The petition shall be signed by the petitioner or his attorney, and shall be accompanied by the certificate of the attorney that he has examined the process or proceeding and the decision or determination therein sought to be reviewed, that the same is in his opinion erroneous and that the petition is not filed for delay. Super. Ct. R. 15(a). (emphasis added). To fall under the terms of Rule 15(a) whereby the thirty-day requirement would ept. of Property and Procurement, 41 V.I. 72 (Terr.Ct. 1999) (<HOLDING>) (citing In re Hodge, 16 V.I. 548, 555 (Terr. | [
"holding that the phrase party aggrieved should be given a practical rather than hypertechnical meaning",
"holding that in construing statute courts must first look to its plain language",
"holding that federal court decisions construing and applying the federal arbitration act may be regarded as persuasive aut... | 44 |
that appellee directly advertised to Pennsylvania residents. See appellants’ EXHIBIT D, E. These references serve as nothing more than indicators for visitors in ascertaining the location of the campground in relation to known areas. ¶ 17 Appellee’s newsletters are advertised in two national publications. There is no evidence in the record that these are directly targeted at Pennsylvania residents. See appellants’ EXHIBIT M, at 12. Additionally, appellee handed out brochures at the campgrounds located in New Jersey. Id. at 15. In order for a party to obtain a brochure without stepping into New Jersey, the party needs to initiate contact with appellee by written inquiry. Id. These forms of communication preclude a finding of systematic and continuous contact. See Efford, supra at 375 (<HOLDING>). ¶ 18 Moreover, the owner of Four Seasons | [
"holding interactive website did not create general jurisdiction",
"holding that the defendant maintained a passive website and was therefore not subject to general jurisdiction",
"holding that a passive website that merely makes information available is insufficient to confer general jurisdiction",
"holding ... | 44 |
Houdek v. Mobil Oil Corp., 879 P.2d 417, 425 (Colo.App.1994); Employers Insurance of Wausau v. RREEF USA Fund-II (Colorado), Inc., 805 P.2d 1186, 1188 (Colo.Ct.App.1991). Here, Plaintiffs confessed the state claims against Cox for misrepresentation, breach of contract, and estoppel against Cox. They did not confess the remainder of causes of action against him, including the state claims for intentional infliction of emotional distress and defamation. Because Cox was required to expend efforts beyond the filing of the motion to dismiss, an award of fees under § 13-17-201 is warranted. Moreover, Plaintiffs are liable for Cox’s attorney fees, notwithstanding that certain claims may remain against other Defendants. See Smith v. Town of Snowmass Village, 919 P.2d 868, 873 (Colo.App.1996) (<HOLDING>). I conclude, pursuant to Colo.Rev.Stat. § | [
"holding that even though plaintiffs claim was barred by the cgia because it sounded in tort attorney fees were not appropriate where it was a contract claim that was pleaded and thus a contract claim that was dismissed",
"holding that even though the complaint was dismissed without prejudice as a sanction for mi... | 22 |
to principles and interpretations of federal Title VII cases when construing the MHRA. See e.g., Continental Can Co. v. State by Wilson, 297 N.W.2d 241, 246 (Minn.1980) (Title VII cases and principles are instructive and have been applied to the MHRA) (citing Danz v. Jones, 263 N.W.2d 395, 398-99 (Minn.1978)). “Title VII affords employees the right to work in an environment free from discriminatory intimidation, ridicule, and insult.” Meritor Sav. Bank, 477 U.S. at 65, 106 S.Ct. at 2405. Several federal courts of appeal, federal district courts, and at least one state court have held that an employee has a cause of action against his or her employer when a non-employee sexually harasses the employee. See e.g., Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754, 756 (9th Cir.1997) (<HOLDING>); Trent v. Valley Electric Ass’n, 41 F.3d 524, | [
"holding employee had cause of action against her employers when nonemployee harassed her and employers failed to take corrective action",
"holding employer could be hable for sexual harassment of employees by nonemployees including employers customers",
"holding that where the employer fired the plaintiff upon... | 44 |
plaintiff has not adequately alleged a conspiracy, nor has plaintiff put forth evidence to create a genuine issue of material fact that a conspiracy existed. In fact, plaintiff has failed to identify the purported members of the conspiracy. Plaintiff cannot simply make a conclusory allegation that a conspiracy existed; rather, plaintiff must provide facts showing agreement and concerted action. Sooner Prods. Co. v. McBride, 708 F.2d 510, 512 (10th Cir.1983). In this case, plaintiffs allegation of a conspiracy, without more, is insufficient to state a claim for conspiracy. Plaintiff has failed to allege any facts tending to show agreement or concerted action. The court finds that plaintiffs § 1985(3) claim fails as a maicer of law. Clulow v. Oklahoma, 700 F.2d 1291, 1303 (10th Cir.1983) (<HOLDING>). D. Municipal Liability Plaintiff also alleges | [
"holding that conclusory allegation of conspiracy without supporting factual averments insufficient to state claim",
"holding that conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based citations omitted",
"holding that vague conclusory stateme... | 00 |
This holding, however, not only fails to dispose of Reyes’s first complaint, it fails to consider Rule 13.1(a)’s history in addressing his second complaint. However, since Reyes’s second issue can (and should) be disposed of without doing violence to the mandatory nature of the court reporter’s duty, I concur in the court’s judgment. When the trial court renders a judgment for the recovery of real property, the amount of “security must be at least ... the value of the property interest’s rent or revenue.” Tex.R.App. P. 24.2(a)(2)(A). Therefore, to determine the proper amount t did not hold an evidentiary hearing on Reyes’s motion to set superse-deas, a reporter’s record of the hearing was not required. Cf. Michiana Easy Livin’ Country, Inc. v. Holten, 168 S.W.3d 777, 782 (Tex.2005) (<HOLDING>). The majority holds, however, that Reyes | [
"recognizing that the only record of grand jury testimony is the court reporters certified transcript not her tape recording of the proceeding",
"holding that appellant failed to preserve error in court reporters failure to make record of trial by failing to object",
"holding in the pretrial context that a repo... | 22 |
even if the 1993 judgment was final and appealable, they may challenge the merits of the 1993 judgment in this appeal from the 1995 order. This appeal is untimely only if the District Court’s 1993 decision — which ordered only that ISP submit a plan to remedy the constitutional flaws in its policy — was a final judgment, appealable to this Court under 28 U.S.C. § 1291. We believe that the District Court’s 1993 order was no more final under § 1291 than the one at issue in Sherpell v. Humnoke School Dist., 814 F.2d 538 (8th Cir.1987), which held that a district court order to a school district to submit a plan to remedy an unconstitutional atmosphere of racial hostility was not an appealable final judgment. Id. at 539; see also Hendrickson v. Griggs, 856 F.2d 1041, 1044 (8th Cir.1988) (<HOLDING>). The November 1995 judgment is, therefore, the | [
"holding that an order of consolidation is interlocutory and not immediately appealable",
"holding that the modification or dissolution of an injunction in a limitation of liability proceeding is appealable as a matter of right under 1292a1",
"holding an order denying a motion for summary judgment is interlocu... | 33 |
boundaries of a search in the same manner as the specifications in a warrant. If the government does not conform to the limitations placed upon the right granted to search, the search is impermissible. In justifying a consensual search, the government bears the burden of establishing that the search was conducted within the purview of the consent received. When an individual gives a general statement of consent without express limitations, the scope of a permissible search is not limitless. Rather it is constrained by the bounds of reasonableness: what a police officer could reasonably interpret the consent to encompass. United States v. Strickland, 902 F.2d 937, 941 (11th Cir.1990) (citations omitted). See also State v. Nabarro, 55 Haw. 583, 583-87, 525 P.2d 573, 574-75 (1974) (<HOLDING>) (internal quotation mark omitted). Hence, | [
"holding that a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted",
"holding that while a lawfully issued warrant to search premises authorizes the officers executing it to search i... | 11 |
Perkins’ testimony were not prejudicial in these circumstances. D. Downward Departures Kornegay claims that the district court erroneously denied him a downward departure on either of two bases. Both departure arguments relate to the 14-month state drug conviction sentence which Kornegay served after the drug deal at issue in this case but before he was indicted. The first ground for departure was premised on the government’s delay in prosecuting Kornegay in order to protect Chaney from being detected as an informant. Kornegay argued that this delay foreclosed the possibility of his federal sentence running concurrently with his state sentence and that a departure should be granted so that he would not be prejudiced. See United States v. Saldana, 109 F.3d 100, 104 (1st Cir.1997) (<HOLDING>). The district court declined to grant the | [
"holding that although the defendant was paroled rather than released unconditionally his state sentence was discharged for purposes of deciding whether the federal judge could impose a concurrent sentence",
"holding that prosecutorial delay that was extreme or sinister could support a departure if the defendant ... | 11 |
See In re Russell C., 120 N.H. at 268; cf. State v. Bernaby, 139 N.H. 420, 423 (1995) (concluding that trial court did not deny defendant his right to a speedy trial where delay was due, in part, to defendant’s waiver of right and request for continuances because a “defendant cannot take advantage of a delay he has caused”). In this case, the juvenile moved to dismiss at the original adjudicatory hearing because none of the State’s witnesses was present and, therefore, the State could not go forward with the hearing. The State acknowledged that it could'not go forward with the hearing and did not object to dismissal of the petition. The State did not request a continuance or that it be given a fourteen day extension under RSA 169-B:14, II. Cf. In re Juvenile 2007-150, 156 N.H. at 802 (<HOLDING>). Rather, the only relief the State requested | [
"holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing",
"holding that trial court did not err in denying juveniles motion to dismiss for failing to complete... | 11 |
because federal law requires federal approval of Indian wills, 25 U.S.C. § 373, and gives BIA probate judges the authority to approve settlement agreements resolving contested Indian probate proceedings, 43 C.F.R. § 30.150. However, this conclusion cannot be squared with controlling precedent. The Supreme Court has expressly declined to recognize any “inherent power” on the part of a federal court to enforce a settlement agreement simply because the agreement resolved a federal proceeding. See Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377-378, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994). Rather, enforcement of such a settlement agreement “requires its own basis for jurisdiction.” Id. at 378, 114 S.Ct. 1673; see also Peabody Coal Co. v. Navajo Nation, 373 F.3d 945, 949 (9th Cir.2004) (<HOLDING>); id. at 951 (“[Wjhere the validity of a | [
"holding that the general federal regulatory scheme governing indian mineral leases did not establish federal jurisdiction to enforce an arbitration agreement made under such a lease when the plaintiffs claim sounded only in general contract law",
"holding in action involving single claim that if claim sounded on... | 00 |
with conduct of the type alleged by Hopkins in this case, we have consistently affirmed summary judgment dismissing the claims. See, e.g., Dwyer v. Smith, 867 F.2d 184, 187-88 (4th Cir.1989) (affirming directed verdict in Title VII case despite evidence that female police officer was subjected to pornographic material placed in her station mailbox and to fellow officers’ sexually explicit conversations); Harris v. Clyburn, 1995 WL 56634, at *3 (4th Cir.1995) (unpublished) (per curiam) (affirming summary judgment for employer where “only specific factual allegation of sexual harassment [was] occasional tickling [by her male superior] in the hallway”); Cobbins v. School Bd. of Lynchburg, Va., No. 90-1754, slip op. at 7-10, 1991 WL 1828 (4th Cir. Jan. 14, 1991) (unpublished) (per curiam) (<HOLDING>). See also Baskerville, 50 F.3d at 430-31 | [
"holding that conduct was sufficiently severe or pervasive where the female plaintiffs supervisor frequently tried to get plaintiff to date him using many direct as well as indirect propositions for sex including following her into the restroom repeated attempts to touch her breasts place his hands down her pants a... | 22 |
in making decisions regarding competency, and we uphold those decisions so long as they are “supported by credible evidence and not clearly erroneous.” State v. Bean, 171 Vt. 290, 295, 762 A.2d 1259, 1262 (2000). Here, despite the majority’s conclusions to the contrary, the testimony provided on the record by the two transport officers was credible and, based on this evidence, it was within the trial court’s discretion to rule that defendant was competent to stand trial. Defendant has therefore failed to show prejudice. ¶ 35. Because defendant has not shown that any prejudice occurred from whatever errors the trial court may have made, any alleged violations of defendant’s due process rights are also harmless. See, e.g., State v. Hunt, 150 Vt. 483, 489-90, 555 A.2d 369, 373-74 (1988) (<HOLDING>). For these reasons, I would affirm the jury | [
"holding petitioner must demonstrate error and substantial prejudice to prevail on a due process claim",
"holding that when the prejudice from a sixth amendment violation is limited to the admission into evidence of the mental health testimony harmless error analysis applies",
"holding that the denial of due pr... | 33 |
the “quick intervention” of Dr. Kasozi, “most probably [he] would not be here today.” Id. An IJ’s credibility finding is a finding of fact. Elzour, 378 F.3d at 1150. Under 8 U.S.C. § 1252(b)(4)(B), “administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” We interpret this statute to call for review under the substantial evidence test, under which the IJ’s finding will be upheld if “supported by reasonable, substantial and probative evidence considering the record as a whole.” Elzour, 378 F.3d at 1150. To reverse, the evidence must not only support the conclusion that the IJ erred, but compel it. INS v. Elias-Zacarias, 502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); accord Batalova, 355 F.3d at 1254 (<HOLDING>). This court has, however, joined “other | [
"holding that credibility determinations are for the jury",
"holding that the ijs or bias credibility determinations are not questioned if they are substantially reasonable",
"holding that the credibility determinations by the board are virtually unreviewable",
"holding that credibility determinations are rev... | 11 |
an argument despite its abandonment on appeal, we ordinarily will not do so ‘unless manifest injustice otherwise would result.’ ” (quoting Anderson v. Branen, 27 F.3d 29, 30 (2d Cir.1994))). Here, no “manifest injustice” results from the denial of Seadinovski’s petition, as the relevant regulation provides that “[a] motion to reopen proceedings for the purpose of submitting an application for relief must be accompanied by the appropriate application for relief and all supporting documentation.” 8 C.F.R. § 1003.2(c)(1). As the plain language of the regulation provides, failure to comply with the requirement is a ground for denial of the motion. See Zhen Nan Lin v. Dep’t of Justice, 459 F.3d 255, 262 (2d Cir.2006); see also Lin Xing Jiang v. Holder, 639 F.3d 751, 757 (7th Cir.2011) (<HOLDING>). Because no manifest injustice results, and | [
"holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it",
"holding that it was within the discretion of the bia to deny a motion to reopen because it was not accompanied by an asylum application",
"holding that the bia abused its discretion whe... | 11 |
Dr. Proctor testified about the 2014 Report’s conclusion that filtered cigarettes increased the risk of adenocarci-noma (a type of lung cancer) by causing smokers to inhale more deeply, and by ventilating in a way‘that “increases certain poisonous compounds.” On appeal, Defendants argue that Plaintiff should not have been permitted to use the 2014 Report to bolster the testimony of her expert witness. On this point, we also agree with Defendants. It is well established that “experts cannot bolster or corroborate their opinions with the opinions of other experts who do not testify,” as -“[s]ueh testimony improperly permits one expert to become a conduit for the opinion of another expert who is not subject to cross-examination.” Schwarz v. State, 695 So.2d 452, 455 (Fla. 4th DCA 1997) (<HOLDING>); accord Tolbert v. State, 114 So.3d 291, 294 | [
"holding that survey evidence offered to show actual confusion was properly excludable under rule 403 when it was so flawed that its probative value was outweighed by the risk of prejudice or confusion",
"holding that any probative value of bolstered testimony is substantially outweighed by the danger of unfair p... | 11 |
Division and New York Court of Appeals specifically declined to decide the issue of whether was properly precluded under C.P.L. § 250.10(2), the only court that adjudicated the claim on the merits was the County Court. Time has proven that the trial judge correctly construed C.P.L. § 250.10(2) as applying to lay evidence, such as a defendant’s own testimony, offered in support of an EED defense: Recently, the New York Court of Appeals answered in the affirmative the question it explicitly left open in Smith’s case— “whether a defendant seeking to raise an extreme emotional disturbance defense is required to provide notice pursuant to CPL 250.10 if the intent is to rely solely on lay testimony to prove the affirmative defense.” People v. Diaz, 904 N.Y.S.2d 343, 930 N.E.2d at 266 (<HOLDING>). Because the sanction of preclusion bears on a | [
"holding that error in classifying agents testimony as lay opinion and failing to subject it to the disclosure requirements was harmless",
"holding that lay testimony as to the presence of asbestos in the workplace which was based upon personal knowledge of employees was properly admitted",
"holding that a defe... | 33 |
applies to the bankruptcy court’s severance of these counterclaims. In its motions to sever, Kaiser moved under Bankruptcy Rules 7012, 7013, 7021 and 7042. Bankruptcy Rules 7012 and 7013 do not address the severance of claims or counterclaims. Rule 7012 simply provides for the form and time periods for filing answers and answers to cross-claims and for the admission or denial of the designation of core and non-core matters. Bankruptcy Rule 7013 is similarly unhelpful. While it concerns the filing of counterclaims and cross-claims, the rule does not cover their severance. The rule simply makes Fed.R.Civ.P. 13 applicable to bankruptcy adversary proceedings, with the exception that a party sued by a debtor in possession or a trustee need not state as a counterclaim any prepetition claim (<HOLDING>). See Bankr.R. 7013 editors’ comment. Kaiser | [
"holding claimant waived right to jury trial on claims brought against it on behalf of bankruptcy estate when it submitted its proof of claim against the estate and subjected itself to the equitable powers of the bankruptcy court",
"holding that when the claim was duly established as a valid claim against the est... | 44 |
¶ 24. We stated, however, that a home visit has the potential to turn into a search once the officer has reasonable cause to engage in a search. Moody, ¶ 24. ¶10 Both the Fourth Amendment to the United States Constitution and Article II, Section 11 of the Montana Constitution protect individuals from unreasonable searches and seizures. Generally, a nonconsensual search violates the Fourth Amendment unless it is conducted pursuant to a validly issued warrant supported by probable cause. The United States Supreme Court has concluded, however, that probation searches do not necessarily violate the Fourth Amendment when conducted pursuant to state law and supported by reasonable suspicion to believe contraband would be found. Griffin v. Wis., 483 U.S. 868, 878, 107 S. Ct. 3164, 3171 (1987) (<HOLDING>). A number of the federal circuit courts have | [
"holding that no special relationship existed between the school and student",
"holding that imposing the traditional warrant and probablecause requirements would unduly interfere with the effective administration of the illinois probation system because the process of obtaining a warrant would delay the officers... | 33 |
favorable decision.” Township of Piscataway v. Duke Energy, 488 F.3d 203, 208 (3d Cir.2007) (citing Trump Hotels & Casino Resorts v. Mirage Resorts, 140 F.3d 478, 484-85 (3d Cir.1998)). Turchi Qua Guarantor While it is alleged that Turchi was to sign the forbearance agreement, he was to do so as a guarantor. That capacity is not without significance. This lawsuit does not seek enforcement of the guarantee. Indeed, it is the Debtor as the primary borrower who has brought it against the lender, the primary obligee. The Court does not read the complaint to allege that Turchi qua guarantor personally suffered a concrete injury as a result of what the Bank is alleged to have done. See e.g., Borough of Berwick v. Quandel Group, Inc., 440 Pa.Super. 367, 371, 655 A.2d 606, 608 (Pa.Super.1995) (<HOLDING>); see also Hufsmith v. Weaver, 285 Ark. 357, | [
"holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party",
"holding that plaintiffs lacked standing to sue",
"holding that person who is not party to contract does not have standing to challenge contract",
"holding that ma... | 44 |
v. Paine, Webber, Jackson & Curtis, Inc., 565 F.Supp. 663, 667 n. 10, 669 (N.D.Ill.1983)). However, in all the cases on this issue, the courts made it clear that the client must have made disclosures to the attorney after manifesting an intent to seek legal advice. Herbes, 180 Ill.App.3d at 698-99, 129 Ill.Dec. 480, 536 N.E.2d 164 (finding that counsel for the plaintiff, who was suing a township over its open-space acquisition program, was ineligible to conduct said representation because he had previously engaged in an attorney-client relationship with the township when it interviewed only him for a possible position representing the township in the same program, evidencing the township’s intent to hire him and therefore speak freely regarding the program), Hughes, 565 F.Supp. at 670 (<HOLDING>), Int’l. Paper Co. v. Lloyd Manufacturing Co., | [
"holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client",
"holding that in order to determine whether disqualification of plaintiff... | 11 |
against the Debtor have been discharged and that MDE’s pursuit of those claims in the State Court Action constitutes a violation of the discharge injunction. Accordingly, the Court orders the Respondents to cease any further pursuit of the Debtor in connection with the alleged claims but denies the Debtor’s -request for an award of damages and attorneys’ fees. A separate order will be entered consistent with this ruling. 1 . Unless otherwise noted, all statutory and rule references are to the Bankruptcy Code, 11 U.S.C. §§ 101 to 1532, and the Federal Rules of Bankruptcy Procedure. 2 . In addition to the pleadings filed in this matter, the Court takes judicial notice of the docket in the Debtor's case. See Cervac v. Littman (In re Littman), 561 B.R. 79, 83 n.4 (Bankr. N.D. Ill. 2016) (<HOLDING>). 3 . Unless otherwise noted, future references | [
"recognizing that the court may take judicial notice of its own docket",
"recognizing that a court may take judicial notice of court filings and other matters of public record",
"recognizing that a court may rely on matters of which a court may take judicial notice",
"holding that the appellate court may take... | 00 |
they had him restrained on the ground. See also Hemet Chief of Police, "Use of Force," Gen. Order No. U-102 (discussing "professional presence," "compliance techniques," and other "intermediate force" less likely to cause death or serious injury). A rational jury could rely upon such evidence in assessing whether the officers' use of force was unreasonable. See Larez v. City of Los Angeles, 946 F.2d 630, 635(9th Cir.1991) (as amended) (finding that testimony of "an expert on proper police procedures and policies" was relevant and admissible); Davis v. Mason County, 927 F.2d 1473, 148 994) (same). In sum, Smith has submitted a substantial amount of evidence from which a reasonable jury could conclude that the force used against him was excessive. C. Deadly Force Smit 1168 (9th Cir.1996) (<HOLDING>); Scott v. Henrich, 39 F.3d 912, 914-15 (9th | [
"holding that an officer cannot use deadly force unless a suspect poses an imminent threat of serious physical harm",
"holding that an officer did not employ excessive force in shooting a suspect who turned out to be unarmed because at the time of the shooting the officer had a reasonable belief that the suspect ... | 22 |
and the order denying reconsideration are both properly before this court, as both were filed within 30 days of the trial court’s original nonfinal order. Otherwise, the order denying the Partnership’s motion for reconsideration of an appealable nonfinal order is not in itself, alone, an appealable order. Agere, 931 So.2d at 245. Furthermore, while “a legally insufficient motion to vacate a default cannot be corrected as a matter of right by a motion for reconsideration or hearing, a trial court does have the inherent discretionary power to reconsider any order entered prior to the rendition of final judgment in the cause.” City of Hollywood v. Cordasco, 575 So.2d 301, 302 (Fla. 4th DCA 1991) (emphasis in original); Monte Campbell Crane Co., Inc., 510 So.2d 1104 (Fla. 4th DCA 1987) (<HOLDING>); see generally, James H. Wyman, | [
"holding that motion for reconsideration would be construed not as a rule 60b motion but rather as an unauthorized successive motion under 2255 which the district court may have been without jurisdiction to consider",
"holding that an unauthorized motion for rehearing does not toll defendants time for filing a n... | 22 |
a parent has a duty to support his or her l Assembly have taken several steps to ensure that non-supporting parents honor their obligations. For example, the State Constitution provides that a person may be imprisoned for nonpayment of child or spousal support obligations. See Md. Const, art. Ill, § 38 (stating that “[n]o person shall be imprisoned for a debt, but a valid decree of a court of competent jurisdiction or agreement approved by decree of said court for the support of a spouse or dependent children, or for alimony ... shall not constitute a debt within the meaning of this section.”); Md. Rule 15-207(e) (providing procedures for imprisonment upon non-payment of child or spousal support obligation); Middleton v. Middleton, 329 Md. 627, 639, 620 A.2d 1363, 1369 (1993) (<HOLDING>). The General Assembly authorized the Child | [
"holding that parents may not voluntarily terminate their rights in a child to avoid child support payments or contract away a child support obligation",
"holding that an outofwedlock childs pending claim for retroactive child support was nondischargeable in bankruptcy because a debt for child support arises upon... | 22 |
is not fully equated with a private law firm, in that a former agency lawyer is not considered to have been associated with all other lawyers in the agency. I might say we started out by equating the two and, as we went along the committee decided that that really was taking too hard a line because to say that all lawyers in the Justice Department or the FCC or any other agency are to be considered in the same way that you would consider the lawyers in a private law firm, that was too sweeping a disqualification and there was no good reason for it.... Hearings on S. 1064 Before the Subcomm. on Improvements in Judicial Machinery of the Comm, on the Judiciary, 93d Cong., 1st Sess. 100 (1971-73); see also Aetna Life Ins. Co., 475 U.S. at 820, 106 S.Ct. at 1585, 89 L.Ed.2d at 832 (<HOLDING>). Professor Thode added that a judge who had | [
"holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment",
"holding that the conditions delineated in canon 3c1a alone would not be sufficient basis for imposing a constitutional requirement under the due process clause",
"holding that imposing an i... | 11 |
limit, modify, or eliminate altogether. See, e.g., Oklahoma Tax Commission, 498 U.S. at 510, 111 S.Ct. 905 (“Congress has always been.at liberty to dispense with such tribal immunity or to limit it.”); Talton v. Mayes, 163 U.S. 376, 384, 16 S.Ct. 986, 41 L.Ed. 196 (1896) (“Indian tribes are subject to the dominant authority of congress.”). Thus, suits such as' this one are barred by the doctrine of tribal sovereign immunity, unless the plaintiff shows either a clear waiver of that immunity by the tribe, or an express abrogation of the doctrine by Congress. See, e.g., Oklahoma Tax Commission, 498 U.S. at 509, 111 S.Ct, 905 (citing Santa Clara Pueblo, 436 U.S. at 58, 98 S.Ct. 1670); Kiowa Tribe v. Manufacturing Technologies, Inc., 523 U.S. 751, 754, 118 S.Ct. 1700, 140 L.Ed.2d 981 (1998) (<HOLDING>). There is no evidence that the Poarch Band | [
"holding that florida does not have jurisdiction in a suit by other persons against an indian tribe absent express waiver of tribal sovereign immunity",
"holding that an official of an indian tribe should be stripped of his authority and corresponding immunity to act on behalf of his tribe whenever he exercises a... | 44 |
UC Hastings Mot. at 5-8), and courts in their home forums have addressed related arguments in the past. See, e.g., Brine v. Univ. of Iowa, 90 F.3d 271, 275 (8th Cir.1996) (affirming the district court’s holding that the University of Iowa and its Board of Regents were immune, under the Eleventh Amendment, from suit on plaintiffs § 1983 claims); Scherer v. Curators of Univ. of Mo., 49 Fed.Appx. 658, 658 (8th Cir.2002) (affirming the district court’s holding that the University of Missouri and its Curators were immune, under the Eleventh Amendment, from suit on plaintiffs ADA claim) (citing Sherman v. Curators of the Univ. of Mo., 871 F.Supp. 344, 348 (W.D.Mo.1994)); Gallagher v. Univ. of Cal., Hastings Coll. of the Law, No. C011277PJH, 2001 WL 1006809, at *5 (N.D.Cal. Aug. 16, 2001) (<HOLDING>). Because the relevant circuit and district | [
"holding michigan friend of the court employees absolutely immune from suit under 1983",
"holding that uc hastings was immune under the eleventh amendment from suit on plaintiffs 1983 claims and granting motion to dismiss",
"holding that the department of corrections was entitled to eleventh amendment immunit... | 11 |
prolonged; and (4) the importance of the governmental interest alleged to justify the intrusion. Alpert, 816 F.2d at 964, citing United States v. Place, 462 U.S. 696, 708 n. 8, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983). DiGiovanni’s continued investigation after issuing the warning was entirely reasonable in light of these factors. First, any detention incident to that investigation was of limited duration. The encounter between Rodriguez and law enforcement personnel, from the moment he was pulled over until the currency’s discovery, lasted approximately forty minutes. Under these circumstances, even if Rodriguez’s detention occupied that entire time interval, it might not suggest a Terry Stop of unreasonable scope. See United States v. McFarley, 991 F.2d 1188, 1194 (4th Cir. 1993) (<HOLDING>). However, the alleged detention here only | [
"holding that where officers had reasonable suspicion of a drug offense seizing defendants luggage for 38 minutes under terry did not mature into an unlawful arrest",
"holding suspect for 20 minutes constituted an arrest",
"holding that a defendants response to even an invalid arrest or terry stop may constitut... | 00 |
indicated a willingness to consider additional factors. See Osborne v. Ohio, 495 U.S. 103, 110-11, 110 S.Ct. 1691, 109 L.Ed.2d 98 (1990). In Osborne, the Supreme Court addressed the issue of whether Ohio could ban the possession of child pornography. Id. at 108, 110 S.Ct. 1691. In finding it could, the Court relied not only on the harm caused to the children who are used in its production (i.e., Ferber), but also on the harm that children suffer when child pornography is used to seduce or coerce them into sexual activity. Id. at 111, 110 S.Ct. 1691. Thus, in Osborne, the Court indicated that protecting children who are not actually pictured in the pornographic image is a legitimate and compelling state interest. See Id. See also United States v. Hilton, 167 F.3d 61, 70 (1st Cir.) (<HOLDING>), cert. denied — U.S. —, 120 S.Ct. 115, — | [
"recognizing that competing interests of parents children and the state requires additional analysis",
"recognizing that because the state has cognizable interests in the safety of children in its jurisdiction neglectful parents may be separated from their children",
"holding that the governments interest in th... | 44 |
original). Here, the claim is based on Chase’s failure to pay flood insurance premiums from the escrow account. Further, plaintiff alleges that defendant breached a duty that was owed to her specifically, not a general duty owed to the public. See Harrison v. Gore, 27,254 (La.App. 2 Cir.8/23/95); 660 So.2d 563, 568 (“The classical distinction between ‘damages ex contractu’ and ‘damages ex delicto’ is that the former flow from the breach of a special obligation contractually assumed by the obligor, whereas the latter flow from the violation of a general duty owed to all persons.”). The Court, therefore, finds that plaintiffs detrimental reliance claim sounds in contract and is subject to a ten-year prescriptive period. See Stokes v. Georgia-Pac. Corp., 894 F.2d 764, 770 (5th Cir.1990) (<HOLDING>). Accordingly, plaintiffs claim has not | [
"holding in the context of a non 212c iirira retroactivity challenge that if reliance were required we would insist at most upon objectively reasonable reliance and not subjective reliance",
"holding that reasonable reliance is not an element of the defense",
"holding that under ohio law fraud claim failed bec... | 33 |
under § 3730(e)(4)(A). Finally, we consider whether the GAO report was a “public disclosure” under § 3730(e)(4)(A). The GAO report disclosed generally that some contractors performing the 254 ESPCs granted between 1999 and 2003 had engaged in the activity Relators allege is fraudulent, but the report did not disclose the names of any contractors or specify any locations where an ESPC may have involved fraud. Because of the large number of ESPCs granted and the GAO report’s lack of specificity, the report did not contain sufficient information to enable the government to pursue an investigation against Honeywell. Accordingly, the GAO report was not a “public disclosure” under § 3730(e)(4)(A). See United States v. Alcan Elec. and Eng’g, Inc., 197 F.3d 1014, 1019 (9th Cir.1999) (<HOLDING>). Because neither the AAA reports nor the GAO | [
"recognizing that information disclosed in private is not a public disclosure under the fca",
"holding that the only relevant public interest in disclosure is the extent to which disclosure would serve the core purpose of the foia which is contributing significantly to public understanding of the operations or ac... | 22 |
effect on the procreation and child-rearing practices of opposite-sex married (or unmarried) couples. See Perry II, 671 F.3d at 1088, 2012 WL 372713, at *21 (“There is no rational reason to think that taking away the designation of ‘marriage’ from same-sex couples would advance the goal of encouraging ... opposite-sex couples to procreate more responsibly.”) To the extent some people may have a bias in favor of preferring biological parents over other couples, there is no such recognition of this distinction under federal or state law. See id. There has been no showing that DOMA alters any state or federal law governing childbearing, procreation or family structure. Given the state of the law, the rationale of promoting responsible child-rearing finds no “ ‘footing in t 85, 186 (1971) (<HOLDING>)). Again, the argument that the definition of | [
"holding in a case involving not intraunion politics but rather a matter of an employer requiring the union to carry out the penalty provision of a collective bargaining agreement that the statutory term otherwise disciplined is narrowly confined to regulatory actions that affect a union members rights or status as... | 44 |
did wrong, and when. The target is not required to play a guessing game in that respect.”). Once Defendants cured the specific problems identified in Plaintiffs’ Notice, if Plaintiffs believed that Defendants remained in violation and wanted to motivate Defendants to change their conduct with the possibility of a citizen suit, Plaintiffs needed to provide Defendants’ with another notice, one with sufficient information to address the problems that would eventually be the subject of a federal lawsuit. The Court rejects the idea it is foisting an impossible burden on Plaintiffs by requiring that this suit be supported by a notice containing details not available at the time of the first (and only) Notice. That Notice was good, but just not for the claims Plaint 1137, 1144 (9th Cir.2002) (<HOLDING>). B. State Law Claims (Counts II-IV). | [
"holding that some of the claims raised in the plaintiffs complaint were not properly raised in its 60day citizen suit notice thus the district court correctly held that it lacked subject matter jurisdiction over those claims",
"holding that a district court may impose sanctions for abuse of judicial process purs... | 00 |
for the spectacled eider and the Steller’s eider should be dismissed with prejudice as moot. Defendants further argue that FWS is entitled to summary judgment on the remaining part of Count VIII alleging that BLM and FWS consultations on the proposed leasing program and decision to proceed were inadequate because they failed to consider the impacts on critical habitat. The parties agree that plaintiffs’ claim that FWS violated the ESA by failing to designate critical habitat for the spectacled eider and the Steller’s eider is moot. The parties disagree as to whether that claim should be dismissed with or without prejudice. A dismissal on mootness grounds is without prejudice to future suits on the merits of the same claim. See Payne v. Panama Canal Co., 607 F.2d 155, 158 (5th Cir.1979) (<HOLDING>); DiGiore v. Ryan, 172 F.3d 454, 466 (7th | [
"holding that an adjudication on summary judgment is an adjudication on the merits",
"holding that a partial adjudication on the merits followed by a voluntary dismissal without prejudice of the remaining claims is not a final judgment that gives rise to appellate jurisdiction",
"holding that a dismissal on sta... | 33 |
9 .The judge made no specific finding with respect to two issues that might have been of some importance, namely, whether Henson had access to other housing, as he had earlier told Prue that he would have, and whether he suffered pain and distress as a result of not being able to use his medication. The judge also cut off Henson's attorney somewhat abruptly when he requested an opportunity to argue on the issue of damages, but Henson has not raised this or any other procedural issue on appeal. 10 . It appears that Prue's premises may have been in the nature of a rooming house, and Henson may have been a roomer rather than a tenant. If he was, then the prohibition against self-help evictions may not have been applicable. Cf. Harkins v. Win Corp., 771 A.2d 1025, 1029 (D.C.2001) (<HOLDING>). No party has raised this issue, however, and | [
"holding evidence which established that use of property was permissive showed use of property was not adverse",
"holding that a provider of transientaccommodations may use selfhelp to evict a nonpaying lodger",
"holding that continued possession and unrestricted use constitutes regular use",
"holding intent ... | 11 |
representative. Id. at B-2. The DOL also stated that the designation of an authorized representative can limit the representative’s authority to particular types of claims. Id. at B-3. Defendants have provided examples of benefit plans that require particular procedures to designate authorized representatives. See Defs.’ Joint Resp., Exs. 49 (plan stating that participant can identify authorized representative in writing to plan), 51 (plan stating there is a process to appoint authorized representative), 58 (plan requiring participant to fill out form obtained from plan to designate authorized representative), 59 (same), 65 (plan requiring designation of authorized representative in writing), 111 (plan requiring completion of form or provision of the information in it), 115 at 5361 (<HOLDING>). The questions of compliance with these | [
"recognizing that where representative plaintiff and other members of class share an interest in prevailing on similar legal claims particular differences in amount of damages claimed or of availability of certain defenses against class representative may not render his or her claims atypical",
"recognizing gener... | 33 |
not admissible ... [because it is] not subject to cross-examination by the prosecution. Therefore, such statements are appropriately [ jadmissible ... to prove only that the defendant earlier spoke consistently with his present testimony, the credibility of which is being challenged.” “A defendant may introduce his or her own prior consistent statements [in limited circumstances:] when the prosecution suggests that the defendant has a motive to falsify, alleges that the defendant’s testimony is a recent fabrication, or attempts to impeach the defendant with a prior inconsistent statement. [Where] the defendant [does] not testify at trial[,] ... none of these exceptions applie[s].” (citations omitted)); cf. also Bennett v. Commonwealth, 236 Va. 448, 468, 374 S.E.2d 303, 316 (1988) (<HOLDING>). Numerous federal and state courts, applying | [
"recognizing defendants state and federal constitutional rights to testify",
"holding that admitting evidence of a defendants prior statement to an investigator proffered by the commonwealth did not violate the defendants fifth amendment rights by forcing him to testify to dispute it",
"holding that the prosecu... | 11 |
of the Lemmon Avenue Terminal gates, they are entitled to partial summary judgment: “The [WARAj’s mandate that Dallas demolish the passenger gates deprives [Love Terminal Partners] of its pre-existing property right to exclude others (including Dallas) from invading these gates to destroy them. The legislative deprivation of [plaintiffs’] right to exclude, without more, constitutes a taking.” Pls.’ Cross-Mot. 30. The physical taking issue turns on the court’s interpretation of the requirements arising under the WARA and is an issue of law that can be adjudicated on a motion for summary judgment. See Billings v. United States, 322 F.3d 1328, 1332 (Fed.Cir.2003) (“The underlying issue, one of statutory ... construction, is a question of law_”); Santa Fe Pac. R.R. Co., 294 F.3d at 1340 (<HOLDING>); see also Palmyra Pac. Seafoods, L.L.C., 561 | [
"holding that a judgment on appeal constitutes the law of the case as to particular issues decided and is applicable throughout subsequent stages of the case",
"holding that constitutional questions will not be decided if case can be decided on other grounds",
"holding that it may be decided as a matter of law"... | 44 |
missing. Even McGreal found the purportedly missing reports in the Liquor Commission files. Chief Wood and Lt. Snooks also point out that McGreal filed Judicial Inquiry Board complaint about Judge Sterba without fully investigating the circumstances. McGreal’s letter highlighted the differences between the sentence that Sean Taylor actually received and the one that Lt. Snooks related to McGreal. McGreal then drew the inference that these differences were in response to McGreal’s initial inquiries into the matter, instead of a simple mistake on the part of Lt. Snooks. Chief Wood and Lt. Snooks argue that McGreal’s speech was motivated by personal interests in making these statements, and therefore the First Amendment does not protect the speech. See e.g. Kokkinis, 185 F.3d at 844-45 (<HOLDING>). For example, Chief Wood and Lt. Snooks submit | [
"holding that if the speech in question does not address a matter of public concern there is no first amendment violation",
"holding that even though speech was motivated by personal grievances it would still be protected conduct if it dealt with public concerns",
"holding that speech addressing a private inter... | 33 |
to further his own goals and sexual gratification; (5) divulged confidences to Linda; and (6) disregarded "all indicia of the transference and countertransference phenomena which normally occurs in the course of psychotherapy.” We note, initially, that each of these allegations is based, in part, on an underlying allegation of fraud. The trial judge has permitted the plaintiff to replead a separate fraud count, the allegations of which essentially duplicate the ones above. Fraud is a distinct cause of action in Illinois. To that extent, we do not believe the allegations of fraud are germane to a count alleging professional negligence, be it that of a psychotherapist or a cleric. Cf. Williams v. Chicago Osteopathic Health Systems, 274 Ill. App. 3d 1039, 1048, 654 N.E.2d 613 (1995) (<HOLDING>). Therefore, we address the count for | [
"recognizing that even when a prisoner files suit under section 1983 alleging medical malpractice against prison medical officials medical malpractice does not become a constitutional violation merely because the victim is a prisoner",
"recognizing differing elements and standard of proof between medical malpract... | 11 |
is "plainly erroneous or inconsistent with the guidelines.” United States v. Urias-Escobar, 281 F.3d 165, 167 (5th Cir.2002). 5 . This apparent error is further illuminated by the history of § 3B1.1. The Guideline was amended in 1993 to include Note 2 in order to resolve a circuit split over the same interpretation at issue here: whether management of assets warranted an adjustment. U.S.S.G. app. C, amend. 500; compare, e.g., United States v. Carroll, 893 F.2d 1502 (6th Cir.1990) (requiring a degree of control over other participants), United States v. Fuller, 897 F.2d 1217 (1st Cir.1990) (same), United States v. Mares-Molina, 913 F.2d 770 (9th Cir.1990) (same), and United States v. Fuentes, 954 F.2d 151 (3d Cir.1992) (same), with United States v. Chambers, 985 F.2d 1263 (4th Cir.1993) (<HOLDING>). 6 . See United States v. Ramos-Paulino, 488 | [
"holding that factor 10 should not be applied when the victim is the only one at risk",
"recognizing that the governments failure to prevail is a factor that may be considered",
"holding that intent to evade collective bargaining obligations is merely one factor among many that must be considered",
"holding t... | 33 |
30, 2014). 12 . U.S. Postal Serv., 339 N.L.R.B. 1175, 1185 n.29 (2003); United Parcel Serv., 327 N.L.R.B. 317, 317 (1998);, Arkansas-Best Freight Sys., Inc., 257 N.L.R.B. 420, 424 (1981); Transcon Lines, 235 N.L.R.B. at 1165; see also Valmont Indus., Inc. v. NLRB, 244 F.3d 454, 472 (5th Cir. 2001) ("[E]ntrance areas to plants, where timeclocks, vending machines, and bulletin boards are located, are often mixed use ar- ‘ eas.”). ! 13 . Kaynard, 625 F.2d at 1052 n.6 ("Where, as here, a production area is regularly used by employees as a lunch area with the ‘lull knowledge and approval’ of the employer, the Board's position is that the area ceases, for the duration of the lunch period, to be a ‘work area’ where distribution can be prohibited. "); Rockingham Sleepwear, 188 N.L.R.B. at 701 (<HOLDING>); see also United Parcel Serv., 327 N.L.R.B. at | [
"holding that an employers sewing room a work area ceased to be a work area during lunch because the employer permitted employees to take their lunch in the sewing room and provided no alternate facility",
"holding that a change in employer from one federal contractor to another caused employees no lack of work",... | 00 |
of America or any State thereof relating to magnesite or magnesite products brokered by Possehl, and subsequently delivered to Resco during the period from 2000 through the present. Possehl, as Assignor, will make avail- . able for copying at the sole expense of Resco, as Assignee, records documenting the producing seller to Resco of products covered by this Assignment. Id. There is nothing wrong with the abstract legal basis of Resco’s theory of standing. It is well settled in the Third Circuit that “express assignments of antitrust claims from a direct purchaser to an indirect purchaser are permissible and do not run afoul of Illinois Brick’s standing requirements.” In re K-Dur Antitrust Litig., 338 F.Supp.2d at 539 (citing Gulf-stream, III Associates, Inc., 995 F.2d at 438-440 (<HOLDING>)); see also In re Wellbutrin Sr Direct | [
"holding in non 17200 case that common law claims duplicative of the flsa are preempted",
"holding that any assignment of antitrust claims as a matter of federal common law must be an express assignment because an express assignment entirely eliminates any problems of split recoveries or duplicative liability",... | 11 |
prosecutions cannot be considered extreme and outrages or beyond the bounds of decency. Accordingly, those claims are dismissed. To the extent Plaintiffs claim that the alleged withholding of the videotape constitutes a violation of the rule set forth in Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), no such claim can be maintained as the Plaintiffs were made aware of the videotape prior to their trial and have made no argument or showing that any delay in its disclosure caused prejudice. United States v. Watson, 76 F.3d 4, 8 (1st Cir.1996). Finally, since Plaintiffs have not set forth evidence establishing the alleged underlying constitutional violations, their municipal liability claims likewise fail. Nieves v. McSweeney, 241 F.3d 46, 50 (1st Cir. 2001) (<HOLDING>). The Defendants’ Motions for Summary Judgment | [
"holding that individual liability under 1983 must be based on personal involvement in the alleged constitutional violation",
"holding that a claim for municipal liability under 1983 requires inter alia proof of an underlying constitutional violation",
"holding that discrimination against a municipal employee... | 11 |
relief in all circumstances in which a judgment fails to conform to the statute. Under Fed.R.Civ.P. 60(b)(1), a court may relieve a party from a judgment that is based on “mistake, inadvertence, surprise, or excusable neglect,” but only on a motion made within one year of entry of the judgment. In the instant case, as the district court admitted and as seems readily apparent, the error was based on inadvertence. Thus, Rule 60(b)(1), with its one year time limitation, clearly applied. The district court attempted to circumvent the apparent harshness of the one year limitation by reading Rule 60(b)(6) as permitting nd Procedure § 2864 (1973). Therefore, because Rule 60(b)(1) plainly applied, and because the motion for relief came over one year after the entry of judgment h Cir.1959) (<HOLDING>). Finally, we adamantly reject appellees’ | [
"holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty",
"holding that once movant established right to summary judgment burden shifts to nonmovant to demonstrate otherwise",
"holding that in... | 33 |
(1986) (relying on section 45(1) and comment a). 24 . See e.g., United States R.R. Ret. Bd. v. Fritz, 449 U.S. 166, 174 (1980) (“railroad [retirement] benefits are not contractual and may be altered or even eliminated at any time”); Devlin v. Transportation Communications Int’l Union, 173 F.3d 94, 103 (2nd Cir. 1999) (a claim to vested welfare benefits is contradicted by the ... unambiguous reservation in the plan documents of its right to amend the plan”); International Union, United Auto., Aerospace and Agric. Implement Workers of Amer. v. BVR Liquidating Inc., 190 F.3d 768, 773 (6th Cir. 1999) (“the inclusion of a ‘reservation of rights’ provision establishes that there was no intent for benefits to vest”); McGrath v. Rhode Island Retirement Bd., 88 F.3d 12, 17-18 (1st Cir. 1998) (<HOLDING>); In re Unisys Corp. Retiree Medical Benefit | [
"holding that performance of employment services constituted acceptance of the offer of participation in bonus plan and a binding unilateral contract was thereby formed",
"recognizing that generally with supposed unilateral contracts if the offeror expressly reserves the power to revoke the offer until the of... | 11 |
by Davis do not establish that members of Region 2 were denied election-related privileges enjoyed by UAW members in other regions. Absent discrimination of this kind, Davis may not maintain an action under Title I. See Calhoon v. Harvey, 379 U.S. 134, 139, 85 S.Ct. 292, 13 L.Ed.2d 190 (1964) (finding that union members were not “discriminated against” for purposes of Title I because they were not denied a “right to vote or nominate which the union has granted to others”). This mismatch between the relief sought by Davis and the protections provided by Title I exists because Title I cannot support a cause of action that seeks to invalidate a previously conducted union election. Local No. 82, Furniture & Piano Moving v. Crowley, 467 U.S. 526, 541, 104 S.Ct. 2557, 81 L.Ed.2d 457 (1984) (<HOLDING>). Although Davis purports to rely solely on | [
"holding that the exclusivity provision included in 403 of title iv plainly bars title i relief when an individual union member challenges the validity of an election that has already been completed",
"holding that because the proper defendant in a title vi case is an entity rather than an individual plaintiff c... | 00 |
discretion” in the absence of explicit standards or procedures. See City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 757, 108 S.Ct. 2138, 100 L.Ed.2d 771 (1988); Freedman v. Maryland, 380 U.S. 51, 85 S.Ct. 734, 13 L.Ed.2d 649 (1965). Prior restraints on expression in a public forum have generally been subjected to exacting scrutiny. See FW/PBS, Inc. v. Dallas, 493 U.S. 215, 226, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990) (plurality opinion) (collecting cases). However, “the context in which [a prior restraint] occurs can affect the level of scrutiny applied.” Milwaukee Police Ass’n v. Jones, 192 F.3d 742, 749 (7th Cir.1999). Prior restraints in a nonpublic forum have been upheld as long as they were reasonable and viewpoint-neutral. See Cornelius, 473 U.S. at 813, 105 S.Ct. 3439 (<HOLDING>); Muller v. Jefferson Lighthouse Sch., 98 F.3d | [
"holding that school officials could prevent a student from distributing invitations in a public elementary school a nonpublic forum because the restraint was reasonable",
"holding that the courthouse lobby was a nonpublic forum",
"holding that a federal charity drive a nonpublic forum could limit participation... | 22 |
who wore beards as a matter of their religious obligation. See id. at 360-61. This kind of unequal treatment, the Court of Appeals held, “indicates that the [police department] has made a value judgment that secular (i.e., medical) motivations for wearing a beard are important enough to overcome its general interest in uniformity, but that religious motivations are not.” Id. at 366. Subsections (b)(1) and (2) are also rooted in Establishment Clause jurisprudence where the Supreme Court has disapproved of unequal treatment of religious activities measured against secular ones. See Kir-yas Joel Village, 512 U.S. at 704, 114 S.Ct. 2481 (stating that “civil power must be exercised in a manner neutral to religion”); Zorach v. Clauson, 343 U.S. 306, 314, 72 S.Ct. 679, 96 L.Ed. 954 (1952) (<HOLDING>). This bar to unequal treatment is, of course, | [
"holding jury is sole judge of witness credibility and may believe some witnesses and refuse to believe others",
"holding that no meaningful distinction exists between those who leave their native country and those who already outside decline to return",
"holding that government may not prefer those who believe... | 22 |
was unavailable in the state court.” Id. at 72. HSBC also cites several cases where federal courts have applied res judicata in this context. However, in each of these cases the state court upheld a dismissal of the plaintiffs claim. See, e.g., Day, 656 F.Supp.2d 331; Kremer, 456 U.S. 461, 102 S.Ct. 1883, 72 L.Ed.2d 262. Because the respective state courts granted the plaintiffs no relief, there could be no issue as to the ability of the state court to grant full relief; they are, accordingly, immaterial. 2. Subject Matter Jurisdiction HSBC argues that this Court does not have subject matter jurisdiction over an action for attorney’s fees only. Section 2000e — 5(f)(3), the statutory provision granting subject matter jurisdiction to federal district courts over actions bro h Cir.1985) (<HOLDING>), Lewis v. Ames Dept. Stores, Inc., No. 3:97 | [
"holding that because plaintiff no longer has available administrative remedies his action must be dismissed with prejudice",
"recognizing that exhaustion of state administrative remedies is not a prerequisite to bringing a 1983 action",
"holding that state court judgment affirming an administrative decision d... | 22 |
both husband and wife conceded that there was no goodwill to be had and that they simply did not think that the business was worth valuing as a going concern. Nevertheless, at the end of trial, the court assigned $10,000 of goodwill to the trucking business. The trial court issued its opinion letter in March 2000 assigning a goodwill value to the business and issued its judgment in August 2000. Between that time, husband did not object to the trial court’s assignment of goodwill. It is this lack of objection that leads wife to conclude that husband did not preserve his argument. We agree with wife that husband did not properly preserve his objection to the trial court’s decision on goodwill. See McDougal v. Griffith, 156 Or App 83, 86-87, 964 P2d 1135 (1998), rev den, 328 Or 330 (1999) (<HOLDING>). However, we may reach this issue under the | [
"holding that the failure to object at trial customarily means that a party has not preserved the claim on appeal",
"holding party may not argue one ground at trial and another on appeal where appellant did not object to testimony at trial on the grounds raised on appeal that it was improper character evidence bu... | 22 |
322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). However, the non-moving party may not rest on its pleadings, but bears the burden to "make a showing sufficient to establish the existence of every element essential to [the] case, based on the affidavits or by depositions and admissions on file.” See Harter v. GAF Corp., 967 F.2d 846, 852 (3d Cir. 1992). 6 . The court presumes that plaintiffs’ civil rights claims arise under 42 U.S.C. § 1983, although the complaint does not specifically say so. The civil rights claims appear to be based on allegations of false arrest and malicious prosecution; thus, the court treats these claims as allegations of a violation of Gatter's rights under the Fourth Amendment. See Albright v. Oliver, 510 U.S. 266, 271-74, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994) (<HOLDING>); Hilfirty v. Shipman, 91 F.3d 573, 579 (3d | [
"recognizing that an alleged deprivation of the right to be free from prosecution without probable cause might be judged under the fourth amendment",
"holding fourth amendment protects right to be free from arrest without probable cause",
"holding failure of prosecution to disclose evidence that may be favorabl... | 33 |
End of preview. Expand
in Data Studio
Dataset Card for "LexGLUE"
Dataset Summary
Inspired by the recent widespread use of the GLUE multi-task benchmark NLP dataset (Wang et al., 2018), the subsequent more difficult SuperGLUE (Wang et al., 2019), other previous multi-task NLP benchmarks (Conneau and Kiela, 2018; McCann et al., 2018), and similar initiatives in other domains (Peng et al., 2019), we introduce the Legal General Language Understanding Evaluation (LexGLUE) benchmark, a benchmark dataset to evaluate the performance of NLP methods in legal tasks. LexGLUE is based on seven existing legal NLP datasets, selected using criteria largely from SuperGLUE.
As in GLUE and SuperGLUE (Wang et al., 2019b,a), one of our goals is to push towards generic (or ‘foundation’) models that can cope with multiple NLP tasks, in our case legal NLP tasks possibly with limited task-specific fine-tuning. Another goal is to provide a convenient and informative entry point for NLP researchers and practitioners wishing to explore or develop methods for legalNLP. Having these goals in mind, the datasets we include in LexGLUE and the tasks they address have been simplified in several ways to make it easier for newcomers and generic models to address all tasks.
LexGLUE benchmark is accompanied by experimental infrastructure that relies on Hugging Face Transformers library and resides at: https://github.com/coastalcph/lex-glue.
Supported Tasks and Leaderboards
The supported tasks are the following:
| Dataset | Source | Sub-domain | Task Type | Classes |
| ECtHR (Task A) | Chalkidis et al. (2019) | ECHR | Multi-label classification | 10+1 |
| ECtHR (Task B) | Chalkidis et al. (2021a) | ECHR | Multi-label classification | 10+1 |
| SCOTUS | Spaeth et al. (2020) | US Law | Multi-class classification | 14 |
| EUR-LEX | Chalkidis et al. (2021b) | EU Law | Multi-label classification | 100 |
| LEDGAR | Tuggener et al. (2020) | Contracts | Multi-class classification | 100 |
| UNFAIR-ToS | Lippi et al. (2019) | Contracts | Multi-label classification | 8+1 |
| CaseHOLD | Zheng et al. (2021) | US Law | Multiple choice QA | n/a |
ecthr_a
The European Court of Human Rights (ECtHR) hears allegations that a state has breached human rights provisions of the European Convention of Human Rights (ECHR). For each case, the dataset provides a list of factual paragraphs (facts) from the case description. Each case is mapped to articles of the ECHR that were violated (if any).
ecthr_b
The European Court of Human Rights (ECtHR) hears allegations that a state has breached human rights provisions of the European Convention of Human Rights (ECHR). For each case, the dataset provides a list of factual paragraphs (facts) from the case description. Each case is mapped to articles of ECHR that were allegedly violated (considered by the court).
scotus
The US Supreme Court (SCOTUS) is the highest federal court in the United States of America and generally hears only the most controversial or otherwise complex cases which have not been sufficiently well solved by lower courts. This is a single-label multi-class classification task, where given a document (court opinion), the task is to predict the relevant issue areas. The 14 issue areas cluster 278 issues whose focus is on the subject matter of the controversy (dispute).
eurlex
European Union (EU) legislation is published in EUR-Lex portal. All EU laws are annotated by EU's Publications Office with multiple concepts from the EuroVoc thesaurus, a multilingual thesaurus maintained by the Publications Office. The current version of EuroVoc contains more than 7k concepts referring to various activities of the EU and its Member States (e.g., economics, health-care, trade). Given a document, the task is to predict its EuroVoc labels (concepts).
ledgar
LEDGAR dataset aims contract provision (paragraph) classification. The contract provisions come from contracts obtained from the US Securities and Exchange Commission (SEC) filings, which are publicly available from EDGAR. Each label represents the single main topic (theme) of the corresponding contract provision.
unfair_tos
The UNFAIR-ToS dataset contains 50 Terms of Service (ToS) from on-line platforms (e.g., YouTube, Ebay, Facebook, etc.). The dataset has been annotated on the sentence-level with 8 types of unfair contractual terms (sentences), meaning terms that potentially violate user rights according to the European consumer law.
case_hold
The CaseHOLD (Case Holdings on Legal Decisions) dataset includes multiple choice questions about holdings of US court cases from the Harvard Law Library case law corpus. Holdings are short summaries of legal rulings accompany referenced decisions relevant for the present case. The input consists of an excerpt (or prompt) from a court decision, containing a reference to a particular case, while the holding statement is masked out. The model must identify the correct (masked) holding statement from a selection of five choices.
The current leaderboard includes several Transformer-based (Vaswaniet al., 2017) pre-trained language models, which achieve state-of-the-art performance in most NLP tasks (Bommasani et al., 2021) and NLU benchmarks (Wang et al., 2019a). Results reported by Chalkidis et al. (2021):
Task-wise Test Results
| Dataset | ECtHR A | ECtHR B | SCOTUS | EUR-LEX | LEDGAR | UNFAIR-ToS | CaseHOLD |
| Model | μ-F1 / m-F1 | μ-F1 / m-F1 | μ-F1 / m-F1 | μ-F1 / m-F1 | μ-F1 / m-F1 | μ-F1 / m-F1 | μ-F1 / m-F1 |
| TFIDF+SVM | 64.7 / 51.7 | 74.6 / 65.1 | 78.2 / 69.5 | 71.3 / 51.4 | 87.2 / 82.4 | 95.4 / 78.8 | n/a |
| Medium-sized Models (L=12, H=768, A=12) | |||||||
| BERT | 71.2 / 63.6 | 79.7 / 73.4 | 68.3 / 58.3 | 71.4 / 57.2 | 87.6 / 81.8 | 95.6 / 81.3 | 70.8 |
| RoBERTa | 69.2 / 59.0 | 77.3 / 68.9 | 71.6 / 62.0 | 71.9 / 57.9 | 87.9 / 82.3 | 95.2 / 79.2 | 71.4 |
| DeBERTa | 70.0 / 60.8 | 78.8 / 71.0 | 71.1 / 62.7 | 72.1 / 57.4 | 88.2 / 83.1 | 95.5 / 80.3 | 72.6 |
| Longformer | 69.9 / 64.7 | 79.4 / 71.7 | 72.9 / 64.0 | 71.6 / 57.7 | 88.2 / 83.0 | 95.5 / 80.9 | 71.9 |
| BigBird | 70.0 / 62.9 | 78.8 / 70.9 | 72.8 / 62.0 | 71.5 / 56.8 | 87.8 / 82.6 | 95.7 / 81.3 | 70.8 |
| Legal-BERT | 70.0 / 64.0 | 80.4 / 74.7 | 76.4 / 66.5 | 72.1 / 57.4 | 88.2 / 83.0 | 96.0 / 83.0 | 75.3 |
| CaseLaw-BERT | 69.8 / 62.9 | 78.8 / 70.3 | 76.6 / 65.9 | 70.7 / 56.6 | 88.3 / 83.0 | 96.0 / 82.3 | 75.4 |
| Large-sized Models (L=24, H=1024, A=18) | |||||||
| RoBERTa | 73.8 / 67.6 | 79.8 / 71.6 | 75.5 / 66.3 | 67.9 / 50.3 | 88.6 / 83.6 | 95.8 / 81.6 | 74.4 |
Averaged (Mean over Tasks) Test Results
| Averaging | Arithmetic | Harmonic | Geometric |
| Model | μ-F1 / m-F1 | μ-F1 / m-F1 | μ-F1 / m-F1 |
| Medium-sized Models (L=12, H=768, A=12) | |||
| BERT | 77.8 / 69.5 | 76.7 / 68.2 | 77.2 / 68.8 |
| RoBERTa | 77.8 / 68.7 | 76.8 / 67.5 | 77.3 / 68.1 |
| DeBERTa | 78.3 / 69.7 | 77.4 / 68.5 | 77.8 / 69.1 |
| Longformer | 78.5 / 70.5 | 77.5 / 69.5 | 78.0 / 70.0 |
| BigBird | 78.2 / 69.6 | 77.2 / 68.5 | 77.7 / 69.0 |
| Legal-BERT | 79.8 / 72.0 | 78.9 / 70.8 | 79.3 / 71.4 |
| CaseLaw-BERT | 79.4 / 70.9 | 78.5 / 69.7 | 78.9 / 70.3 |
| Large-sized Models (L=24, H=1024, A=18) | |||
| RoBERTa | 79.4 / 70.8 | 78.4 / 69.1 | 78.9 / 70.0 |
Languages
We only consider English datasets, to make experimentation easier for researchers across the globe.
Dataset Structure
Data Instances
ecthr_a
An example of 'train' looks as follows.
{
"text": ["8. The applicant was arrested in the early morning of 21 October 1990 ...", ...],
"labels": [6]
}
ecthr_b
An example of 'train' looks as follows.
{
"text": ["8. The applicant was arrested in the early morning of 21 October 1990 ...", ...],
"label": [5, 6]
}
scotus
An example of 'train' looks as follows.
{
"text": "Per Curiam\nSUPREME COURT OF THE UNITED STATES\nRANDY WHITE, WARDEN v. ROGER L. WHEELER\n Decided December 14, 2015\nPER CURIAM.\nA death sentence imposed by a Kentucky trial court and\naffirmed by the ...",
"label": 8
}
eurlex
An example of 'train' looks as follows.
{
"text": "COMMISSION REGULATION (EC) No 1629/96 of 13 August 1996 on an invitation to tender for the refund on export of wholly milled round grain rice to certain third countries ...",
"labels": [4, 20, 21, 35, 68]
}
ledgar
An example of 'train' looks as follows.
{
"text": "All Taxes shall be the financial responsibility of the party obligated to pay such Taxes as determined by applicable law and neither party is or shall be liable at any time for any of the other party ...",
"label": 32
}
unfair_tos
An example of 'train' looks as follows.
{
"text": "tinder may terminate your account at any time without notice if it believes that you have violated this agreement.",
"label": 2
}
casehold
An example of 'test' looks as follows.
{
"context": "In Granato v. City and County of Denver, No. CIV 11-0304 MSK/BNB, 2011 WL 3820730 (D.Colo. Aug. 20, 2011), the Honorable Marcia S. Krieger, now-Chief United States District Judge for the District of Colorado, ruled similarly: At a minimum, a party asserting a Mo-nell claim must plead sufficient facts to identify ... to act pursuant to City or State policy, custom, decision, ordinance, re d 503, 506-07 (3d Cir.l985)(<HOLDING>).",
"endings": ["holding that courts are to accept allegations in the complaint as being true including monell policies and writing that a federal court reviewing the sufficiency of a complaint has a limited task",
"holding that for purposes of a class certification motion the court must accept as true all factual allegations in the complaint and may draw reasonable inferences therefrom",
"recognizing that the allegations of the complaint must be accepted as true on a threshold motion to dismiss",
"holding that a court need not accept as true conclusory allegations which are contradicted by documents referred to in the complaint",
"holding that where the defendant was in default the district court correctly accepted the fact allegations of the complaint as true"
],
"label": 0
}
Data Fields
ecthr_a
text: a list ofstringfeatures (list of factual paragraphs (facts) from the case description).labels: a list of classification labels (a list of violated ECHR articles, if any) .List of ECHR articles
"Article 2", "Article 3", "Article 5", "Article 6", "Article 8", "Article 9", "Article 10", "Article 11", "Article 14", "Article 1 of Protocol 1"
ecthr_b
text: a list ofstringfeatures (list of factual paragraphs (facts) from the case description)labels: a list of classification labels (a list of articles considered).List of ECHR articles
"Article 2", "Article 3", "Article 5", "Article 6", "Article 8", "Article 9", "Article 10", "Article 11", "Article 14", "Article 1 of Protocol 1"
scotus
text: astringfeature (the court opinion).label: a classification label (the relevant issue area).List of issue areas
(1, Criminal Procedure), (2, Civil Rights), (3, First Amendment), (4, Due Process), (5, Privacy), (6, Attorneys), (7, Unions), (8, Economic Activity), (9, Judicial Power), (10, Federalism), (11, Interstate Relations), (12, Federal Taxation), (13, Miscellaneous), (14, Private Action)
eurlex
text: astringfeature (an EU law).labels: a list of classification labels (a list of relevant EUROVOC concepts).List of EUROVOC concepts
The list is very long including 100 EUROVOC concepts. You can find the EUROVOC concepts descriptors here.
ledgar
text: astringfeature (a contract provision/paragraph).label: a classification label (the type of contract provision).List of contract provision types
"Adjustments", "Agreements", "Amendments", "Anti-Corruption Laws", "Applicable Laws", "Approvals", "Arbitration", "Assignments", "Assigns", "Authority", "Authorizations", "Base Salary", "Benefits", "Binding Effects", "Books", "Brokers", "Capitalization", "Change In Control", "Closings", "Compliance With Laws", "Confidentiality", "Consent To Jurisdiction", "Consents", "Construction", "Cooperation", "Costs", "Counterparts", "Death", "Defined Terms", "Definitions", "Disability", "Disclosures", "Duties", "Effective Dates", "Effectiveness", "Employment", "Enforceability", "Enforcements", "Entire Agreements", "Erisa", "Existence", "Expenses", "Fees", "Financial Statements", "Forfeitures", "Further Assurances", "General", "Governing Laws", "Headings", "Indemnifications", "Indemnity", "Insurances", "Integration", "Intellectual Property", "Interests", "Interpretations", "Jurisdictions", "Liens", "Litigations", "Miscellaneous", "Modifications", "No Conflicts", "No Defaults", "No Waivers", "Non-Disparagement", "Notices", "Organizations", "Participations", "Payments", "Positions", "Powers", "Publicity", "Qualifications", "Records", "Releases", "Remedies", "Representations", "Sales", "Sanctions", "Severability", "Solvency", "Specific Performance", "Submission To Jurisdiction", "Subsidiaries", "Successors", "Survival", "Tax Withholdings", "Taxes", "Terminations", "Terms", "Titles", "Transactions With Affiliates", "Use Of Proceeds", "Vacations", "Venues", "Vesting", "Waiver Of Jury Trials", "Waivers", "Warranties", "Withholdings",
unfair_tos
text: astringfeature (a ToS sentence)labels: a list of classification labels (a list of unfair types, if any).List of unfair types
"Limitation of liability", "Unilateral termination", "Unilateral change", "Content removal", "Contract by using", "Choice of law", "Jurisdiction", "Arbitration"
casehold
context: astringfeature (a context sentence incl. a masked holding statement).holdings: a list ofstringfeatures (a list of candidate holding statements).label: a classification label (the id of the original/correct holding).
Data Splits
| Dataset | Training | Development | Test | Total |
| ECtHR (Task A) | 9,000 | 1,000 | 1,000 | 11,000 |
| ECtHR (Task B) | 9,000 | 1,000 | 1,000 | 11,000 |
| SCOTUS | 5,000 | 1,400 | 1,400 | 7,800 |
| EUR-LEX | 55,000 | 5,000 | 5,000 | 65,000 |
| LEDGAR | 60,000 | 10,000 | 10,000 | 80,000 |
| UNFAIR-ToS | 5,532 | 2,275 | 1,607 | 9,414 |
| CaseHOLD | 45,000 | 3,900 | 3,900 | 52,800 |
Dataset Creation
Curation Rationale
Source Data
| Dataset | Source | Sub-domain | Task Type |
| ECtHR (Task A) | Chalkidis et al. (2019) | ECHR | Multi-label classification |
| ECtHR (Task B) | Chalkidis et al. (2021a) | ECHR | Multi-label classification |
| SCOTUS | Spaeth et al. (2020) | US Law | Multi-class classification |
| EUR-LEX | Chalkidis et al. (2021b) | EU Law | Multi-label classification |
| LEDGAR | Tuggener et al. (2020) | Contracts | Multi-class classification |
| UNFAIR-ToS | Lippi et al. (2019) | Contracts | Multi-label classification |
| CaseHOLD | Zheng et al. (2021) | US Law | Multiple choice QA |
Initial Data Collection and Normalization
Who are the source language producers?
Annotations
Annotation process
Who are the annotators?
Personal and Sensitive Information
Considerations for Using the Data
Social Impact of Dataset
Discussion of Biases
Other Known Limitations
Additional Information
Dataset Curators
Ilias Chalkidis, Abhik Jana, Dirk Hartung, Michael Bommarito, Ion Androutsopoulos, Daniel Martin Katz, and Nikolaos Aletras. LexGLUE: A Benchmark Dataset for Legal Language Understanding in English. 2022. In the Proceedings of the 60th Annual Meeting of the Association for Computational Linguistics. Dublin, Ireland.
Licensing Information
Citation Information
@inproceedings{chalkidis-etal-2021-lexglue,
title={LexGLUE: A Benchmark Dataset for Legal Language Understanding in English},
author={Chalkidis, Ilias and Jana, Abhik and Hartung, Dirk and
Bommarito, Michael and Androutsopoulos, Ion and Katz, Daniel Martin and
Aletras, Nikolaos},
year={2022},
booktitle={Proceedings of the 60th Annual Meeting of the Association for Computational Linguistics},
address={Dubln, Ireland},
}
Contributions
Thanks to @iliaschalkidis for adding this dataset.
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Homepage:
github.com
Repository:
github.com
Paper:
arxiv.org
Leaderboard:
github.com
Point of Contact:
Ilias Chalkidis
Size of downloaded dataset files:
564 MB
Size of the auto-converted Parquet files:
564 MB
Number of rows:
236,714
Models trained or fine-tuned on coastalcph/lex_glue
Collection including coastalcph/lex_glue
Papers for coastalcph/lex_glue
LexGLUE: A Benchmark Dataset for Legal Language Understanding in English
Paper
• 2110.00976 • Published
MultiEURLEX -- A multi-lingual and multi-label legal document classification dataset for zero-shot cross-lingual transfer
Paper
• 2109.00904 • Published
When Does Pretraining Help? Assessing Self-Supervised Learning for Law and the CaseHOLD Dataset
Paper
• 2104.08671 • Published
CLAUDETTE: an Automated Detector of Potentially Unfair Clauses in Online Terms of Service
Paper
• 1805.01217 • Published
• 1