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1,100
[ "Complete the following excerpt from a US court opinion:\nis three years1.”); Ortiz v. Morgenthau, 772 F.Supp. 1430, 1432 (S.D.N.Y.1991) (“The three-year limitations period is appropriate for actions pursuant to 42 U.S.C. §§ 1981 and 1985....”), aff'd, 962 F.2d 4 (2d Cir.1992.). Plaintiffs alleged civil rights clai...
). “Federal civil rights claims accrue at the
0
1,101
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nand Key were unreliable because they were not asked to identify him in a photographic lineup before trial and their testimony about the appearance of the surviving assailant differed to some extent. However, Appellant did not o...
); Vega v. State, 285 Ga. 32, 33 (673 SE2d 223)
4
1,102
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nthe risk or to see that sufficient precautions are taken to protect others from the harm that the risk poses.” Kaisner v. Kolb, 543 So.2d 732, 735 (Fla.1989). Thus, “[a]s to duty, the proper inquiry for the reviewing appellate court is whethe...
). The primary issue upon which the trial court
0
1,103
[ "Your task is to complete the following excerpt from a US court opinion:\n289, 292 (5th Cir.1981)] or (3) when the government no longer has a mortgage or a lien upon the property in dispute when the suit was filed, [citing Koehler, 153 F.3d at 266-67].” Hussain, 311 F.3d at 629-30. Furthermore, if the complaint or ...
); Macklin v. United States, 300 F.3d 814, 821
1
1,104
[ "In the provided excerpt from a US court opinion, insert the missing content:\nunder the ADA. The District Court denied his motion for leave to file a second amended complaint. In September 2011, the District Court granted summary judgment for Cryovac on Spring’s FMLA claims. Spring filed a timely notice of appeal....
). The Pennsylvania courts have yet to enumerate
3
1,105
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\narrest is amenable to “grave abuse” by police officers and prosecutors: “Minor acts of evasion and resistance are sufficiently ambiguous to give rise to honest error, sufficiently elusive to encourage false allegations, and suf...
); State v. Crane, 46 Or.App. 547, 612 P.2d 735,
2
1,106
[ "Your task is to complete the following excerpt from a US court opinion:\nwaived arguments that might have supported such jurisdiction.”). 6 . The Department of Labor asserts that Taylor has standing to pursue her claims, even in the absence of injury, simply because defendants breached duties owed to her pursuant ...
). 8 . Following the filing of a notice to
4
1,107
[ "Fill in the gap in the following US court opinion excerpt:\nthe application of law to undisputed fact are reviewed de novo. See Salimatou Bah v. Mukasey, 529 F.3d 99, 110 (2d Cir.2008). As an initial matter, because Huang fails to challenge the agency’s denial of his claim for CAT relief before this Court, any suc...
). In addition, Huang does not challenge the
2
1,108
[ "Your task is to complete the following excerpt from a US court opinion:\nof Columbia. See Travelers Indem. Co., 321 A.2d at 150-51 (noting that, under Maryland law, loss of consortium is deemed an injury to the marital relationship and not an independent tort); Carey v. Foster, 345 F.2d 772, 776 (4th Cir.1965) (no...
). 9 . 211 Cal.App.3d 431, 259 Cal.Rptr. 382
2
1,109
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nplan. Tex. Fam.Code §§ 7.001, 7.003; (6) seek spousal maintenance if they separate or divorce. Tex. Fam.Code § 8.051; (7) enjoy the benefit of the “zone of privacy” that heterosexual married couples enjoy in the form of evidentiary privileges...
); see also Bishop, 962 F.Supp.2d at 1273-74,
2
1,110
[ "Complete the following passage from a US court opinion:\nreference the Maersk Sealand Bill of Lading, which is available on Maersk’s website. Upon issuance of an initial receipt or booking document incorporating a bill of lading, the terms of the latter become part of the parties’ contract. See Berkshire Knitting ...
); see also Luckenbach S.S. Co. v. Am. Mills
2
1,111
[ "Fill in the gap in the following US court opinion excerpt:\nwould be future restrictions on his ability to reenter the United States, nor informed of any right to retain counsel. His counsel stated that the expedited removal order was invalid and improper inasmuch as Shunaula had possessed a valid visa at the time...
)). On appeal to the BIA, Shunaula pressed the
3
1,112
[ "Complete the following passage from a US court opinion:\nthe other hand, the balance of incidents of ownership tips toward the party designated as lessor, then the document is a true lease.”). Among the factors that courts employing the Multiple-Factor Approach find indicative of a disguised security agreement are...
). The Multiple-Factor Approach has been
3
1,113
[ "Your challenge is to complete the excerpt from a US court opinion:\nweapon was not recovered, Martin confirmed during the interview that the toolbox police found in Jacey’s vehicle was his, and that he threw the hammer he used to kill Jacey into a river. Thereafter, Martin hid Jacey’s body in the bushes and procee...
); Zakrzewski v. State, 717 So.2d 488, 494
1
1,114
[ "Complete the following passage from a US court opinion:\nprofitability of the funds portfolios” such that “[t]o the extent that mispricings improperly inflated the reported value of the portfolios, James River benefitted from and had a direct motive to commit the alleged fraud.” (Appaloosa and Tepper’s Opp. at 10,...
). Indeed, the Second Circuit has made clear
0
1,115
[ "Your challenge is to complete the excerpt from a US court opinion:\nDefendants — making it a likelier reference to the other Defendants who were on trial. The Government notes that the Court in Gray suggested “[m]e and a few other guys [beat the victim]” as an alternative to the improper redaction in the phrase “[...
). Here, no limiting instruction was given to
2
1,116
[ "Complete the following passage from a US court opinion:\n(2) Core proceedings include, but are not limited to... (F) proceedings to determine, avoid, or recover preferences;” 28 U.S.C. § 157. The United States Bankruptcy Court for the Southern District of New York stated that an avoidance proceeding to recover ass...
). 15 . The United States Court of Appeals for
1
1,117
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nthe website looked like Heather. But in analyzing a judicial deception claim, we need not scrutinize police investigative tactics in this fashion. 10 . As discussed above, the materiality of an omission is an issue for the cour...
). 12 . After the Ewings' arrest, Contreras did
3
1,118
[ "Fill in the gap in the following US court opinion excerpt:\nwork rules, and without proper authorization weighs strongly in favor of finding the UP 9484 was not “in use” at the time of the accident. However, Johnson argues the UP 9484 was nevertheless “in use” for three rea sons. First, the UP 9484 did not have bl...
). Third, Johnson argues his conduct necessarily
0
1,119
[ "In the context of a US court opinion, complete the following excerpt:\nfor duty exam was indeed job-related and necessary to determine if he could carry out his duties. The reasoning of several of our sister circuits is consistent with our endorsement of the plain language of the EEOC regulations. See Grenier v. C...
). We concur in the reasoning of these circuits.
0
1,120
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nhas considered personal grooming codes prohibiting men but not women from wearing long hair has found the codes to be non-discriminatory within the meaning of Title VII. See Harper v. Blockbuster Entm’t Corp., 139 F.3d 1385, 1387 (11th Cir.19...
); Lockhart v. Louisiana-Pacific Corp., 102
3
1,121
[ "Your challenge is to complete the excerpt from a US court opinion:\nclaim, for chapter 13 plan purposes, i.e. a $73,906.98 general unsecured claim for Advanta for chapter 13 plan purposes, and a $43,339.19 general unsecured claim for Household for chapter 13 plan purposes. Section 524 does not support Debtors’ req...
). 18 . Dewsnup v. Timm, 502 U.S. 410, 112 S.Ct.
0
1,122
[ "In the provided excerpt from a US court opinion, insert the missing content:\nto enhance the sentence of an adult offender. See, e.g., People v. Bowden, 102 Cal.App.4th 387, 125 Cal.Rptr.2d 513, 517 (2002) (“[T]he Tighe majority opinion is unpersuasive, and we decline to follow or extend its reasoning in the conte...
), cert. denied, — U.S. -, 126 S.Ct. 551, 163
1
1,123
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\ncases, “the judgment regarding likelihood of injury turns on whether the plaintiffs future conduct will occur in the same location as the third party’s response to the challenged governmental action.” Id. at 12; see also id. at...
). The members’ affidavits make this clear. For
2
1,124
[ "In the context of a US court opinion, complete the following excerpt:\ndoes not contend that it is. See supra note 11 and accompanying text. 16 .Kazakhstan’s contention that as a civil law jurisdiction it does not recognize common law torts, may be still further evidence that Kazakhstan did not intend to waive imm...
); Watters, slip op. at 5-7 (concluding that the
1
1,125
[ "Fill in the gap in the following US court opinion excerpt:\nincludes the concomitantrightto waive counsel’s assistance and proceed to represent oneself at criminal proceedings. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Commonwealth v. El, 602 Pa. 126, 134, 977 A.2d 1158, 1162 (2009...
). To ensure that a waiver of counsel is
2
1,126
[ "Complete the following excerpt from a US court opinion:\nautomatically discoverable information does exist in their files.”); see also State v. Silva, 2012 ME 120, ¶ 10, 56 A.3d 1230 (concluding that no discovery sanction on the State was necessary given the disclosure of the evidence as soon as it was available; ...
). Assuming, without deciding, that Carr has
4
1,127
[ "In the context of a US court opinion, complete the following excerpt:\nin order to get the merger done. Other employees stated that the iPCS network was too “immature” and that management at AirGate was aware of this problem. Id., ¶ 60. Plaintiffs aver that AirGate’s statements were misleading and “untrue when mad...
). However, unlike the other statements raised
2
1,128
[ "In the provided excerpt from a US court opinion, insert the missing content:\nshow that (1) trial counsel’s representation was so deficient that it fell below the objective standard of professional norms and (2) but for counsel’s error, th ceedings would have been different if counsel would have objected to the ju...
). 8 . During the closing argument at
3
1,129
[ "Your challenge is to complete the excerpt from a US court opinion:\nL.Ed.2d 471 (1977) (“The bar of the Eleventh Amendment to suit in Federal courts extends to States and state officials in appropriate circumstances ... but does not extend to counties and similar municipal corporations.”). The only Eleventh Amendm...
). This case is factually very similar to
4
1,130
[ "Fill in the gap in the following US court opinion excerpt:\nthat duty being to exercise reasonable care for the invitee's protection while she is on the premises. Id. Landowners owe a licensee the duty to refrain from willfully or wantonly injuring her or acting in a manner to increase her peril. Id. This includes...
). Further, a landowner is not liable if the
3
1,131
[ "In the provided excerpt from a US court opinion, insert the missing content:\napartment # 3 constituted an illegal search for Fourth Amendment purposes, and the fruit of that search, which was the information that Jackson’s key fit the lock, was used to obtain the search warrant for apartment # 3. Thus, Taylor arg...
); United States v. Lyons, 898 F.2d 210, 212-13
1
1,132
[ "Provide the missing portion of the US court opinion excerpt:\nthe facts are called adjudicative facts. 2 Kenneth S. Brown, et al., McCormick on Evidence at 385. The Railroad Commission conducted a five day hearing where the parties were represented by counsel and witnesses testified to the circumstances concerning...
) . However, because of the cumulative nature of
2
1,133
[ "Your challenge is to complete the excerpt from a US court opinion:\ncause to believe there is contraband somewhere in the car, but he does not know exactly where, he may search the entire car as well as any containers found therein\"). When the officer found the open container and removed it from the console, he w...
). B. Exigent Circumstances T9 We now turn to
2
1,134
[ "Please fill in the missing part of the US court opinion excerpt:\nconvicted and bore no relationship to any other pertinent matter. That being said, I would caution that the fact that witness Berry saw defendant in the area may have been relevant evidence. However, I address only the propriety of the admission int...
); United States v Reynolds, 715 F2d 99, 103 (CA
0
1,135
[ "Provide the missing portion of the US court opinion excerpt:\norders in Feathers v. Gansheimer and Feathers v. Wilson reflect that those cases were dismissed sua sponte and in their entirety for failure to satisfy this court’s now-abrogated requirement that prisoners specifically plead exhaustion of their administ...
). Finding that at least two of the four prior
2
1,136
[ "In the context of a US court opinion, complete the following excerpt:\nreceived in the future); Garrett, 683 P.2d at 1170 (rejecting the husband’s contention that the value of the community labor expended to fulfill a contingency agreement should be based upon a reasonable hourly rate because “[t]his overlooks the...
). The Minnesota court of appeals took a
2
1,137
[ "Fill in the gap in the following US court opinion excerpt:\n759 N.E.2d at 518; Saje Ventures II, 748 P.2d at 814. 9 See, e.g., Trustees of Cent. States v. LaSalle Nat., 542 N.E.2d 30, 31-32 (Ill. App. Ct. 1989); see generally Smith v. District Court, 63 Nev. 249, 256-57, 167 P.2d 648, 651 (1946) (explaining that v...
); see also Gambale v. Deutsche Bank AG, 377
3
1,138
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nHernandez, but a rational trier of fact could reasonably have found appellant could not go after Hernandez because he was busy subduing Vasquez. Appellant’s own statement that he did not conspire to rob Vasquez does not render the evidence to...
). We conclude the cumulative effect of the
2
1,139
[ "In the context of a US court opinion, complete the following excerpt:\n153, 156 (Tex.App.—Houston [1st Dist.], writ denied); Terra Int'l Inc., 829 S.W.2d at 273; Lay v. Aetna Ins. Co., 599 S.W.2d 684, 686-87 (Tex.Civ.App.—Austin 1980, writ ref'd n.r.e.). 28 . 852 S.W.2d 252 (Tex.App.—Dallas 1993, writ denied). 29 ...
); Allstate Ins. Co. v. Morgan, 806 F.Supp.
2
1,140
[ "Complete the following passage from a US court opinion:\nS.Ct. 3227, 82 L.Ed.2d 438 (1984), the Court considered a cell search challenged by a pretrial detainee. While Hudson does not mention Bell’s Fourth Amendment assumption, Block specifically affirms it with regard to pretrial detainee cell searches. Block, 46...
); Watsy v. Ames, No. 87-1660, 1988 WL 24978, at
2
1,141
[ "In the provided excerpt from a US court opinion, insert the missing content:\nregarding the plaintiffs ability to meet even the very general exertional requirements for sedentary work. Id. Moreover, Social Security Ruling 96-8p provides that, “[t]he RFC assessment must include a narrative discussion describing how...
). The ALJ provides a detailed summary of the
2
1,142
[ "Fill in the gap in the following US court opinion excerpt:\njuvenile probation. Based upon this record, the district court did not abuse its discretion in finding that appellant failed to prove by clear and convincing evidence that the punishment and programming available in the juvenile justice system is adequate...
). In upholding the district court’s
0
1,143
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nNicholson alleges that defendants Doherty and Damiani required him to plead and stand trial when the mandatory probable cause hearing had not been held and when there was insufficient cause to support the charges against him. In addition, he ...
); PBA Local No. 38 v. Woodbridge Police Dep’t,
4
1,144
[ "Complete the following excerpt from a US court opinion:\nAppellant Kevin Shea (“Shea”), a firefighter with the San Francisco Fire Department (“Department”), appeals the district court’s summary judgment in favor of the Department on his Americans with Disabilities Act (“ADA”) and California Fair Employment and Hou...
). Here, Shea’s charges that he was
2
1,145
[ "Provide the missing portion of the US court opinion excerpt:\nupon a general remand for resentencing. We, therefore, reserve the issue. 3 . Even the Sixth and Tenth Circuits, which adopt a more lenient view of the scope of remand than does the Seventh Circuit, do not interpret Pepper as eliminating waiver. See Uni...
) (emphasis
3
1,146
[ "Please fill in the missing part of the US court opinion excerpt:\na gun in defendant's back pocket). 30 . Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 329, 99 S.Ct. 2319, 60 L.Ed.2d 920 (1979) (Fourth Amendment violated by sweeping search of \"adult” bookstore; officers viewed films “without the payment a member o...
); City of Indianapolis v. Edmond, 531 U.S. 32,
0
1,147
[ "Your task is to complete the following excerpt from a US court opinion:\nIn district court, a codefendant had objected to the instructions but the defendant declined to challenge them, telling the district court \"I don’t have any objections to the charge.” We then held that the defendant had not preserved the iss...
), cert. denied, 510 U.S. 829, 114 S.Ct. 97, 126
3
1,148
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nmust provide it with clear notice that it is subject to suit here. AMAF, 428 A.2d at 851-852; see also Trerotola v. Cotter, 601 A.2d 60, 64 (D.C.1991); Ross v. Product Development Corp., 736 F.Supp. 285, 290 (D.D.C.1989). Appellant relies on ...
). We therefore have no occasion to consider or
0
1,149
[ "Your challenge is to complete the excerpt from a US court opinion:\nmechanisms of the subpoena. Accordingly, we determine that appellants have not waived the opportunity to make an in camera proffer of allegedly privileged information to the bankruptcy court on remand. See Order Denying Motion to Quash (contemplat...
). Because no such record exists, a
1
1,150
[ "Your challenge is to complete the excerpt from a US court opinion:\nmany seemingly anomalous situations. For example, mandatory withdrawal would be required whenever there is a challenge to the court’s subject matter jurisdiction under § 1334. 196 B.R. 791 (N.D.Ind.1995). In re Rimsat, Our conclusion that the' Tuc...
). For these reasons, we conclude that the
4
1,151
[ "Complete the following passage from a US court opinion:\na multidistrict litigation (“MDL”) proceeding for the purpose of conducting coordinated or consolidated pretrial proceedings in cases involving injuries allegedly caused by Ortho Evra. With respect to the removing Defendants’ request for a stay, it generally...
). Turning then to the merits of Plaintiffs’
2
1,152
[ "Complete the following passage from a US court opinion:\nplaintiffs may have a reasonable expectation of privacy sufficient to require some form of prior notice, particularly if New York confers upon them the legal right to remain until they are afforded such notice. Compare State v. Dias, 62 Haw. 52, 609 P.2d 637...
), the process required by the Fourth Amendment
1
1,153
[ "Complete the following passage from a US court opinion:\nshall not be held out or used by me in any manner nor for any purpose whatsoever. 3. I have destroyed the original of said document, and turned over all copies thereof for destruction. We therefore affirm the trial court’s order dismissing the appellees’ com...
); Boxer Max Corp. v. Cane A. Sucre, Inc., 905
3
1,154
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nthe judgment and sentence ‘set[s] forth the statutory maximum and clearly indicated] that the term of community [custody] does not extend the total sentence beyond that maximum.’ ” Id. at 566 (emphasis added) (alterations in or...
). Does the sentence exceed the statutory
2
1,155
[ "In the provided excerpt from a US court opinion, insert the missing content:\ncan be sufficient evidence that “tends to connect the accused to the alleged offense even if none of the circumstances would be sufficient individually.” Brown, 159 S.W.3d at 708; Cantelon, 85 S.W.3d at 460-61. “All the law requires is t...
); Fare v. State, 1 S.W.3d 928, 930
0
1,156
[ "Your challenge is to complete the excerpt from a US court opinion:\nis controlling. 6 As noted above, knowledge of the \"facts\" comprising a cause of action for attorney malpractice is to be distinguished from knowledge that such conduct constitutes malpractice. As noted in Gevaart, the discovery rule does not re...
). Such an approach may be appropriate where the
3
1,157
[ "Complete the following excerpt from a US court opinion:\nviewpoint or race. It is important to examine the proffered justifications for a college’s selective denial of recognition to an organization. See Healy v. James, 408 U.S. at 184-85, 92 S.Ct. at 2347-48. Mere disagreement with the group’s philosophy is not a...
), cert. denied, 471 U.S. 1001, 105 S.Ct. 1860,
0
1,158
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nappeal waiver. 14 F.Supp.2d 816, 819 (E.D.Va.1998). The court concluded that the defendant could still file a petition under § 2255 if his claim alleged ineffective assistance of counsel or challenged the voluntariness of the g...
); United States v. Tayman, 885 F.Supp. 832, 834
3
1,159
[ "In the context of a US court opinion, complete the following excerpt:\nThe complete Revised Organic Act of 1954 is found at 48 U.S.C. §§ 1541-1645 (1994), reprinted in V.I. CODE Ann., Historical Documents, Organic Acts, and U.S. Constitution at 159-60 (1995 & Supp. 2003) (preceding V.I. CODE ANN. tit. 1) [“Revised...
); Jacobs v. Redman, 616 F.2d 1251, 1255 (3d
2
1,160
[ "Your task is to complete the following excerpt from a US court opinion:\nhis part in referring these criminal charges to court-martial. See Arts. 1(9) and 22(b), UCMJ, 10 USC §§ 801(9) and 822(b). As Justice Frankfurter said in Caritativo v. California, 357 U.S. 549, 558, 78 S.Ct. 1263, 2 L.Ed.2d 1531 (1958): Audi...
). In my view, any reasonable Division
4
1,161
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nthe substance of the testimony of several witnesses. None of these witnesses live in New York or Tennessee. On balance, the convenience of the witnesses weighs in favor of transfer. Approximately half of the witnesses identifie...
); accord Cento Group, S.p.A. v. OroAmerica,
3
1,162
[ "Complete the following excerpt from a US court opinion:\ndismissal of claim under misappropriation and copying branches of New York state unfair competition laws as federally preempted), cert. denied, 484 U.S. 820, 108 S.Ct. 79, 98 L.Ed.2d 42 (1987). Plaintiff alleges that “[a]ll of defendant’s state law claims ar...
), cert. denied, 510 U.S. 1112, 114 S.Ct. 1056,
0
1,163
[ "Your challenge is to complete the excerpt from a US court opinion:\n818, 102 S.Ct 2727, 73 L.Ed.2d 396 (1982). 133 . See Siegert v. Gilley, 500 U.S. 226, 231, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991); and Sanchez v. Swyden, 131 F.3d 1144, 1147 (5th Cir.1998). 134 . Sanchez, 131 F.3d at 1147-48. 135 . Docket no. 49, ...
); and Berry v. McLemore, 670 F.2d 30, 33 (5th
0
1,164
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nBoutique, 134 S.W.3d 845, 848 (Tex.2004) (Schneider, J. dissenting). I. Background, The record demonstrates that the trial court ordered Bazan’s counsel to submit an order after it heard evidence of damages and pronounced judgm...
); Eichelberger v. Eichelberger, 582 S.W.2d 395,
2
1,165
[ "Fill in the gap in the following US court opinion excerpt:\nplaintiff filed the motion to remand presently before the court. Plaintiff contends that this suit “arises under” Alabama’s workers’ compensation laws and, as a result, its removal to federal court is barred by 28 U.S.C. § 1445(c). DISCUSSION Under 28 U.S...
); Spearman v. Exxon Coal USA, Inc., 16 F.3d
2
1,166
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nDHHS focused only on Sarah. 2 DHHS’s assumption is faulty, in light of the current state of Arkansas law as to the collateral-estoppel effect of a guilty plea in a subsequent civil proceeding. In Zinger v. Terrell, 336 Ark. 423...
). 3 In its statement of the case, DHHS states:
2
1,167
[ "Please fill in the missing part of the US court opinion excerpt:\nhelicopter was manufactured and delivered to the first purchaser on or before July 31, 1971, and that it has not modified the helicopter since delivery. Further, it is undisputed that Bell did not design, manufacture, sell, or install the engine or ...
); see also Altseimer v. Bell Helicopter
3
1,168
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nanother department and had previously received ratings of \"3” and \"4 \". Bob Laird, who was also already a supervisor when he was transferred to be special services department supervisor had consistently received “4” ratings. Chris Scafidi,...
); Lincoln v. Board of Regents, 697 F.2d 928
1
1,169
[ "Your challenge is to complete the excerpt from a US court opinion:\nsituation.” Id. at 396-97. Nevertheless, the applicable standard is an objective one: “[T]he question is whether the officers’ actions are objectively reasonable in light of the facts and circumstances confronting them, without regard to their und...
); Santos, 287 F.3d at 853 (explaining that
2
1,170
[ "Your task is to complete the following excerpt from a US court opinion:\nof a firearm. And that conduct would not involve the use, attempted use, or threatened use of physical force against another person for U.S.S.G. § 4B1.2(a)(l). By contrast, if the shooter ignored telltale signs of the vehicle’s occupancy, suc...
); People v. Juarez, 278 Ill.App.3d 286, 214
0
1,171
[ "Please fill in the missing part of the US court opinion excerpt:\nor not the Cargill witnesses testified falsely is not a question this court can answer on judicial review, nor can this court decide that the arbitrators erred in concluding that Cargill employees did not lie, because this court “ ‘may not set an aw...
). The preceding five challenges were
0
1,172
[ "Your challenge is to complete the excerpt from a US court opinion:\nof a fire occurring” was “insufficient” for defendants to claim immunity. Geiger at 494. Similarly, N.C. Gen. Stat. § 58-82-5 requires that the alleged negligent act occur “at the scene” of a reported fire before a rural volunteer fire department ...
). II. Plaintiff further argues that defendants
3
1,173
[ "Fill in the gap in the following US court opinion excerpt:\nthe “inextricably intertwined” exception, the trial court may conclude that segregation is required and that, without segregation, the court does not have sufficient information to determine the amount of reasonable and necessary fees. If the party seekin...
), disapproved of on other grounds by Martin v.
3
1,174
[ "Please fill in the missing part of the US court opinion excerpt:\nher testimony). 6 See Cromer v. Mulkey Enterprises, 254 Ga. App. 388, 392 (2) (562 SE2d 783) (2002); Hyde v. State, 189 Ga. App. 727, 728 (1) (377 SE2d 187) (1988). 7 See Richey v. State, 261 Ga. App. 720, 724-725 (3) (583 SE2d 539) (2003). 8 See Ca...
). 15 It was unclear from the testimony at trial
4
1,175
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nmilitary, intelligence, and diplomatic efforts secret.”). In AHIF-Oregon’s view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or m...
); People’s Mojahedin Org. of Iran v. Dep't of
3
1,176
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nunder the old Maryland default judgment rule. See Banegura v. Taylor, 312 Md. 609, 620, 541 A.2d 969 (1988) (concluding that trial judge would have been justified in refusing to strike a default judgment, even if it was timely filed, because ...
). Thus, the only real issue is whether it would
1
1,177
[ "Provide the missing portion of the US court opinion excerpt:\nfeed his dogs, which he did on a daily basis. The backyard was fenced on three sides with two-wire fencing, and the fourth side was enclosed by the neighbor’s wood privacy fence. The dogs were kept approximately 70 yards from the road, behind the house,...
); Minnesota v. Olson, 495 U.S. 91, 110 S.Ct.
4
1,178
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nexercised supervisory powers over persons who actively participated in the constitutional deprivation. Id. “An official satisfies the personal responsibility requirement of section 1983 if she acts with a deliberate or reckless disregard of p...
). Plaintiff has acknowledged in deposition that
2
1,179
[ "Your challenge is to complete the excerpt from a US court opinion:\nthat ground was inappropriate. 5 . Walter Energy potentially could have asserted a claim against the Audley defendants based on similar federal securities-regulation statutes; however, it has elected not to do so, stating in its complaint that \"t...
). 7 . Walter Energy does not explain in its
1
1,180
[ "In the provided excerpt from a US court opinion, insert the missing content:\nits own jurisdiction and to rectify any errors it may have made. Exhaustion of tribal court remedies, moreover, will encourage tribal courts to explain to the parties the precise basis for accepting jurisdiction, and will also provide ot...
), Congress enacted an amendment to the Indian
3
1,181
[ "In the context of a US court opinion, complete the following excerpt:\n(2d Cir. 1982)). The Court will not construe unfair competition/misappropriation claims to apply to the two musical compositions at issue, however, because federal copyright law preempts them. Compare 17 U.S.C. § 301(a) (preempting state law cl...
). Likewise, a claim of unfair competition by
4
1,182
[ "Your task is to complete the following excerpt from a US court opinion:\nthis suit was not a deficiency judgment because it was an action on a separate note for a different debt “and for which a conveyance of other property was made as security.” Id. 143 Ga.App. at 77, 237 S.E.2d at 626. Likewise, in Baker v. NEI ...
), cert. denied, 454 U.S. 828, 102 S.Ct. 121, 70
0
1,183
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nto as a “modified categorical approach” in which we look to the record of conviction, including the indictment, plea, verdict, and sentence (or any other documents admissible under the federal regulations to prove a criminal conviction, see 8...
); In re Madrigal-Calvo, 21 I. & N. Dec. 323,
0
1,184
[ "Provide the missing portion of the US court opinion excerpt:\nat 1474. Whether ERISA preempts a plaintiffs state law claims is a question of law we review de novo. Ward v. Management Analysis Co. Employee Disability Benefit Plan, 135 F.3d 1276, 1279 (9th Cir.1998); Spain v. Aetna Life Ins. Co., 11 F.3d 129 (9th Ci...
). Cole’s employee benefit plan is not a
0
1,185
[ "Fill in the gap in the following US court opinion excerpt:\nan English transaction entered into by English parties with the reasonable expectation that their rights and obligations would be construed and enforced under English law. In international contracts, the choice of law and forum clauses generally will be g...
); Mitsubishi Motors Corp. v. Soler
0
1,186
[ "Your task is to complete the following excerpt from a US court opinion:\nthe case must be adjudicated before the NLRB. See Baker v. IBP, Inc., 357 F.3d 685, 688 (7th Cir.2004) (“Applied to claims in federal court, and arising under federal law, Garmon has nothing to do with either preemption or subject-matter juri...
); Suarez v. Gallo Wine Distribs. LLC, No. 02
4
1,187
[ "Fill in the gap in the following US court opinion excerpt:\nevidence and must uphold the decision unless the evidence compels a contrary result. Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir. 2008). We affirm. Substantial evidence supports the IJ’s denial of asylum based on an adverse credibility finding. Singh t...
). Because Singh failed to establish eligibility
4
1,188
[ "Please fill in the missing part of the US court opinion excerpt:\nconceivable means, proving it to be in fact ineffective. A good-faith effort is all that should be required. See Emery Realty, 863 F.2d at 1265; Husky Oil, N.P.R. Operations, Inc. v. NLRB, 669 F.2d 643, 645 (10th Cir.1982). 11 . The only available s...
); Husky Oil, N.P.R. Operations, Inc. v. NLRB,
1
1,189
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\n§ 1227(a)(2)(A)(iii). See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (issues not raised in an opening brief are waived). To the extent that Verdu-Degregorio contends that he did not knowingly waive his right to appea...
). PETITION FOR REVIEW DENIED in part; DISMISSED
0
1,190
[ "Complete the following passage from a US court opinion:\nas we know it. On the other hand, a decent respect for the collective wisdom of the jury and for the function entrusted to it in our system, certainly suggests that in most cases the judge should accept the findings of the jury, regardless of its own doubts ...
) (citation omitted). 2. The Size of the Verdict
1
1,191
[ "Your challenge is to complete the excerpt from a US court opinion:\nEastland v. TVA, 704 F.2d 613, 618 (11th Cir.), opinion modified and reh’g denied, 714 F.2d 1066 (1983), cert. denied sub nom. James v. TVA, 465 U.S. 1066, 104 S.Ct. 1415, 79 L.Ed.2d 741 (1984)). As the Supreme Court stated in Teamsters, [s]tatist...
) (citing Wetzel v. Liberty Mut. Ins. Co., 508
3
1,192
[ "In the context of a US court opinion, complete the following excerpt:\ncertificates of compliance and deeds for the lots to Vicente and Bonifacio. These government actions constituted a taking of Cabrera’s property. The trial court correctly awarded public land to Cabrera as compensation for the taking of 24,927 m...
). 11 Apatang v. Mundo, 4 N.M.I. 90, 92 (1994).
2
1,193
[ "Your challenge is to complete the excerpt from a US court opinion:\nindicating that he was Chairman of the Board. (Exh. E, F to PI. Resp.) FHSBC provides a declaration by Benjamin Dessange, the managing director of Franklin Holding and Vice President of FHSBC, averring that Anthonioz has had no affiliation with FH...
) Though self-serving, Dessange’s declaration
1
1,194
[ "In the context of a US court opinion, complete the following excerpt:\nthe codefen-dants’ testimony that Green had firearms at his home and that they went to Green’s house specifically to obtain firearms to use in the burglary. Green argued that even if the evidence of these firearms had some relevance, which Gree...
). Here, not only were these two firearms not
2
1,195
[ "Complete the following excerpt from a US court opinion:\nWe need not resolve this question. Regardless whether a presumption of correctness attached to the boards’ of equalization valuations in this case, the presumption was “ ‘.one of fact and [was] rebuttable and only served the place of evidence until [Ameren] ...
). Ameren’s fourth point on appeal is denied as
3
1,196
[ "Complete the following excerpt from a US court opinion:\nWL 3487723, at *4-*6 (W.D.Tex. Nov. 3, 2005) (rejecting policy argument). For example, Albany Insurance Co. v. Bengal Marine, Inc. involved a policy requiring the insured to pay a certain deductible before the insurer became liable; the Fifth Circuit, applyi...
), cert. denied, 178 Ill.2d 576, 232 Ill.Dec.
2
1,197
[ "In the provided excerpt from a US court opinion, insert the missing content:\nhistory, and other appropriate matters that throw light on the subject. Id. Additionally, it is fundamental that a general statute does not apply and must yield when there is a specific statute addressing a particular subject matter. Id....
). Here, the Arkansas General Assembly has
0
1,198
[ "Complete the following excerpt from a US court opinion:\nlaw. See Anderson, ATI U.S. at 248, 106 S.Ct. at 2510. It follows, then, that “[e]ntry of summary judgment indicates that no reasonable jury could return a verdict for the losing party.” Coach Leatherware Co. v. AnnTaylor, Inc., 933 F.2d 162, 167 (2d Cir. 19...
) (quoting Boddie v. Connecticut, 401 U.S. 371,
3
1,199
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nor [2] operated to change materials to a ‘different state or thing.’ ” See PTO Supp. Br. 4 (quoting Flook, 437 U.S. at 588 n. 9, 98 S.Ct. 2522). In Diehr, the Supreme Court confirmed that a process claim reciting an algorithm c...
). Thus, a claim that involves both a mental
2