id int64 0 3.55k | input_options listlengths 5 5 | output stringlengths 11 48 | gold_index int64 0 4 |
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1,500 | [
"Complete the following excerpt from a US court opinion:\nof the contract, and (3) damages. See AIB Mortgage Co. v. Sweeney, 687 So.2d 68, 69 (Fla. 3rd Dist.Ct.App.1997). Moreover, Florida law provides that “[a] contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by ... | ) (quoting ProCD, Inc. v. Zeidenberg, 86 F.3d | 2 |
1,501 | [
"In the context of a US court opinion, complete the following excerpt:\nat *5 (Tex.App.-El Paso Dec.21, 2000, no pet.) (not designated for publication) (concluding based on Jenkins that \"possession” refers only to statements in the prosecutor’s possession). 9 . Brooks v. State, 901 S.W.2d 742, 746 (Tex.App.-Fort W... | ); see also Olivas, 2000 WL 1867971, at *5 | 1 |
1,502 | [
"Provide the missing portion of the US court opinion excerpt:\nto independent-negligence claims by an employee against his employer’s parent company, that is, Plaintiffs allegations in paragraph 9 tend to show that Novar and Indalex “work[ed] closely together,” Hinkle, 24 F.Supp.2d at 821 n. 2, not that Novar “ha[d... | ). In summary, Plaintiffs Complaint fails to | 1 |
1,503 | [
"Your challenge is to complete the excerpt from a US court opinion:\ntime of the divorce had accrued while the parties were married. Further, Ginger accepted as correct Randall’s valuation of the plans. Thus, we need not recalculate the value of the community extent in the plans as of the date of divorce. Further, ... | ); Burchfield, 968 S.W.2d at 424 (listing types | 4 |
1,504 | [
"In the context of a US court opinion, complete the following excerpt:\nin an increase in the sentencing range from 15-21 months to 27-33 months, did not present an “exceptional circumstance[ ]” as contemplated by McMillan. Watts, 519 U.S. at 156-57, 117 S.Ct. 633. Nor does the case before us today. See e.g., Unite... | ); cf. United States v. Lombard, 72 F.3d 170, | 2 |
1,505 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nsuffered from past persecution nor had a well-founded fear of future persecution because of his Indian ethnicity. Substantial evidence supports the Board’s and Immigration Judge’s findings of fact that Petitioner was not credib... | ). Such a finding “cannot be based on an | 1 |
1,506 | [
"Provide the missing portion of the US court opinion excerpt:\nsubject to the exclusions in the policy”). Accordingly, an additional insured not only reaps the benefits of the insured’s policy, but it also bears the burden of the exclusions. It is further our view that, if the insurer intended to exclude indemnific... | ). The policy at issue in the instant case does | 1 |
1,507 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nrecusal. See Securacomm Consulting, Inc. v. Securacom Inc., 224 F.3d 273, 278 (3d Cir.2000) (“We have repeatedly stated that a party’s displeasure with legal rulings does not form an adequate basis for recusal.”). Hartman also complains ... | ). Accordingly, we will deny the mandamus | 1 |
1,508 | [
"Your challenge is to complete the excerpt from a US court opinion:\nto be paid and which are not, and when.” Id. at 757. As stated in Anderson: A person need not be an officer, director, employee, or shareholder of a company to be held accountable as a responsible person. The test is whether the person had control... | ); Merchants National Bank of Mobile v. United | 3 |
1,509 | [
"Provide the missing portion of the US court opinion excerpt:\ncondition during Gretillat’s employment. Gretillat does not respond to Care Initiatives’s arguments in her Resistance. “When a motion for summary judgment is made and supported ... [and] the adverse party does not ... respond, summary judgment, if appro... | ). Care Initiatives could not have discriminated | 4 |
1,510 | [
"Fill in the gap in the following US court opinion excerpt:\ndemonstrate that Qwest was entitled to forbearance in the Phoenix MSA.”). However, the Commission moved the goalpost. It criticized Qwest’s evidentiary showing again, this time because Qwest failed to present evidence that consumers consider wireline voic... | ); Verizon Tel., 570 F.3d at 304 (“[I]t is | 2 |
1,511 | [
"Provide the missing portion of the US court opinion excerpt:\n*9 (S.D.N.Y. Aug. 28, 2002) (quoting Amaker v. Coombe, 2002 WL 523388, at *8 (S.D.N.Y. Mar.29, 2002)). Plaintiff has made no attempt to establish that this seven-day delay somehow caused his condition to deteriorate, or that he suffered extreme pain. In... | ). Athough the lag in treatment is unfortunate, | 2 |
1,512 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nprovision that expressly permits PMI to terminate employees covered under the CBA. That provision requires PMI to give employees “three (3) working days notice before layoff if circumstances reasonably allow.” In addition, the CBA contai... | ). Here, the CBA allows PMI to terminate union | 0 |
1,513 | [
"In the provided excerpt from a US court opinion, insert the missing content:\n2000, pet. ref'd). 68 . We also observe that if a defendant is permitted to represent himself but the appropriate admonishments as to the dangers and disadvantages of self-representation are not given until after jury selection, they are... | ), cert. denied, 469 U.S. 966, 105 S.Ct. 366, 83 | 0 |
1,514 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nhave autonomous control over the conduct of their officers.”). Thus, the district court’s order did not trigger the truncated process of reciprocal discipline under the Rules of Professional Conduct and this Court is without authority to... | ). Having now considered the meaning of the term | 2 |
1,515 | [
"In the context of a US court opinion, complete the following excerpt:\n] [of] the defense attorney” and continuing by emphasizing that there was no evidence presented to support such a claim, the prosecutor was properly answering an argument of opposing counsel. See Felder, 848 S.W.2d at 94-95. Case law supports t... | ); Lopez v. State, 500 S.W.2d 844, 846 | 1 |
1,516 | [
"Please fill in the missing part of the US court opinion excerpt:\nas well as his motion to stay the proceedings prior to denying his claims on remand. It is the responsibility of the appellant to provide a sufficient record to substantiate his or her claims on appeal. State v. Murinko, 108 Idaho 872, 873, 702 P.2d... | ). We will not presume error where we have no | 3 |
1,517 | [
"Provide the missing portion of the US court opinion excerpt:\nauthority to determine whether we 'have jurisdiction over deportation orders‘concerning alleged aggravated felons as described in Tapia Garcia, supra, “the plain language of § 1252(a)(2)(C) fairly explicitly strips the courts of appeals of jurisdiction ... | ); Ramtulla v. Ashcroft, 301 F.3d 202, 203 & n. | 4 |
1,518 | [
"Your challenge is to complete the excerpt from a US court opinion:\nin federal court, “[t]he state and federal claims must derive from a common nucleus of operative fact.” United Mine Workers v. Gibbs, 383 U.S. 715, 725, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966). Congress codified this holding in 28 U.S.C. § 1367(a), w... | ); Carnegie-Mellon Univ. v. Cohill, 484 U.S. | 0 |
1,519 | [
"In the provided excerpt from a US court opinion, insert the missing content:\ncompetent, ... a person rendering necessaries or professional services is entitled to recover from such person under the conditions stated in this Section, although the person expresses an unwillingness to accept the things or services. ... | ); Heartland Health Sys. v. Chamberlin, 871 | 3 |
1,520 | [
"Provide the missing portion of the US court opinion excerpt:\npossessing the authority to bind Defendant. State Sec. Ins., 145 Ill.2d at 431-32, 583 N.E.2d at 551, 164 Ill.Dec. at 635. During his deposition, Markwell acknowledged that he, through Kinsella, McNeeley, Ryan, and Markwell, Inc., represented approximat... | ); see also Equity Gen. Ins. Co. v. Patis, 119 | 2 |
1,521 | [
"Please fill in the missing part of the US court opinion excerpt:\nThis court may exercise jurisdiction only over final orders of the Board. 33 U.S.C. § 921(c) (2006); see Eggers v. Clinchfield Coal Co., 11 F.3d 35, 38 (4th Cir.1993) (“The finality requirement contained in § 921 encompasses the same concepts as fin... | ); Dir., Office of Workers’ Comp. Programs v. | 3 |
1,522 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthe district court’s determination that Boswell consented to the search. If Boswell had authority over the case, whether joint or sole, then he had authority to consent to its search. We conclude that, bas that authority to consent to a searc... | ). Here, Boswell’s statement that he did not | 0 |
1,523 | [
"Fill in the gap in the following US court opinion excerpt:\nin light of the potential for recovery of attorney fees in the arbitration proceeding); Stenzel, 2005 ME 37, ¶29, 870 A.2d 133 (rejecting the plaintiffs’ argument that the costs of arbitrating individual claims precluded them from obtaining relief because... | ). Fiser claims that the class action ban | 1 |
1,524 | [
"Your challenge is to complete the excerpt from a US court opinion:\ncamps have staked out three general positions on the use of an alleged violation of the ECOA after the statute of limitations has run. 1. Position # 1: A debtor can only asseH an ECOA violation as a counterclaim. A number of state and federal cour... | ); Riggs Nat’l Bank of Washington, D.C. v. | 1 |
1,525 | [
"Your challenge is to complete the excerpt from a US court opinion:\nFrame v. Sutherland, 459 Pa. 177, 327 A.2d 623 (1974). This argument is without merit. The record is barren of any evidence concerning the circumstances of Mr. Packel’s appointment. His appointment was not before the Frame Court, and we have not b... | ), a case identical in all material respects | 2 |
1,526 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nin their closing arguments and may advance all legitimate arguments and draw logical inferences from the evidence. See McArthur, 801 So.2d at 1039^40. Moreover, prosecutors in specific are not limited to a robotic presentation on behalf ... | ); Freeman v. State, 717 So.2d 105, 106 (Fla. | 0 |
1,527 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nCURIAM. Brett C. Kimberlin appeals the district court’s order denying his motion filed under Fed.R.Civ.P. 60(b), in which he sought reconsideration of the court’s order denying relief on his 28 U.S.C. § 2241 (1994) petition. We... | ). We dispense with oral argument because the | 1 |
1,528 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nmailing in order to obtain the search warrant needed for its inspection. We only hold that on the facts of this case ...a 29-hour delay between the mailing[] and the service of the warrant cannot be said to be “unreasonable” within the m... | ), cert. denied, 463 U.S. 1213, 103 S.Ct. 3551, | 1 |
1,529 | [
"Provide the missing portion of the US court opinion excerpt:\ndecisions of trial counsel in deciding whether a decision not to file a motion constitutes neglect). The Board thus erred in finding neglect. Failure to Communicate Brice’s second allegation is that Schoeneman failed to return her telephone calls for th... | ). Brice admits that she and Schoeneman spoke | 4 |
1,530 | [
"Your task is to complete the following excerpt from a US court opinion:\nAnthony R., 2010 ME 4, ¶¶ 8-9, 987 A.2d 532, 534. Error is obvious if it is “a seriously prejudicial error tending to produce manifest injustice.” Tibbetts v. Dairyland Ins. Co., 2010 ME 61, ¶ 10, 999 A.2d 930, 933 (quotation marks omitted). ... | ); Balian v. Bd. of Licensure in Med., 1999 ME | 0 |
1,531 | [
"Complete the following passage from a US court opinion:\nwas based on the Commission’s conclusion that it was “possible in this case to follow the ordinance’s requirement to locate at an alternative site.” (Schill Deck Ex. H at 3.) On September 12, 2001, Verizon appealed the decision of the Commission to the City’... | ); see also Aegerter v. City of Delafield, Wis., | 3 |
1,532 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nLetter, litigation concerning the other two events should be stayed pending arbitration of the March 2002 event. Although not mentioned by the parties, Ind.Code § 34-57-2-3(d) and (f) are relevant to this issue and provide: (d)... | ). Appellants make no argument that the creation | 2 |
1,533 | [
"Your task is to complete the following excerpt from a US court opinion:\nany additional damages under state law that were not recoverable under CERCLA), because we have found that Durham’s state-law claims are barred by the statute of limitations, Durham may not recover attorneys’ fees under state law. 97. Accordi... | ). The Plaintiff is directed to submit a | 2 |
1,534 | [
"Your challenge is to complete the excerpt from a US court opinion:\nRather, as noted above, it is clear that the IDEA provides for reimbursement only if (1) the school district fails to provide a FAPE and (2) the parental placement is “reasonably calculated to enable the child to receive educational benefits.” Car... | ). Whether the identified shortcomings of | 2 |
1,535 | [
"Your challenge is to complete the excerpt from a US court opinion:\nof self-defense, and a person is just as capable of defending himself with a marked firearm as with an unmarked firearm. With or without a serial number, a pistol is still a pistol. Furthermore, it cannot be the case that possession of a firearm i... | ); see also United States v. Fincher, 538 F.3d | 1 |
1,536 | [
"Complete the following excerpt from a US court opinion:\nPlaintiff does not allege any facts regarding whether the PSD adequately investigated that incident, the alleged facts concerning the Harper incident along with the broader allegations concerning routine failure to investigate excessive force claims permit a... | ). Accordingly, through the factual allegations | 2 |
1,537 | [
"In the context of a US court opinion, complete the following excerpt:\nto “[m]ake reasonable accommodation to the known physical or mental limitations of qualified employees with handicaps unless the accommodation would impose an undue hardship on the operation of the agency's program,\" 29 C.F.R. § 1614.102(a)(8)... | ); Petty v. Freightliner Corp., 123 F.Supp.2d | 2 |
1,538 | [
"Provide the missing portion of the US court opinion excerpt:\nto witnesses. Trial Tr. at 360-61, 365, 387-89, 404, 423, 441, 466, 481, 496-97, 562-63, 577, 645. Contrary to the majority’s conclusion, then, a review of the record shows there could have been a disparity between the movements of the parties during th... | ). If Earhart’s rights were violated, the Ohio | 3 |
1,539 | [
"Your challenge is to complete the excerpt from a US court opinion:\nby the phrase “a public entity’s property,” and thus the same public entity on whose property the dangerous condition exists. Id. As such, the threshold question which must first be addressed when a public entity is sued for injuries resulting fro... | ); Dorlon v. City of Springfield, 843 S.W.2d | 3 |
1,540 | [
"In the context of a US court opinion, complete the following excerpt:\nand, in addition, show that a writing is “sufficient against the sender.” We proceed to examine the context of the statute. ORS 71.1020 provides in part: “(1) The Uniform Commercial Code shall be liberally-construed and applied to promote its u... | ). The cases cited by the parties, however, do | 1 |
1,541 | [
"Fill in the gap in the following US court opinion excerpt:\nan interpreter when, other than having some syntactical errors, his testimony was “very responsive” and “indicative of [his] ability to speak and understand English.”). Additionally, and as noted by the trial court in its denial of Nur’s motion for a new ... | ). We therefore affirm the trial court’s denial | 1 |
1,542 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nas applicable, to the present case. 1. Purchaser Of Assets As an initial matter, there is no explicit requirement in the substantial continuity test for successor liability that an entity must be a “purchaser of assets” to be a... | ); see also Cobb, 452 F.3d at 556 (“Title VII | 2 |
1,543 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nthese two provisions do not do, however, is clearly define how states can invoke standing to bring Title VII suits. Nonetheless, a review of the standing capacities traditionally available to plaintiff states confirms that Congress inten... | ); Gray v. Greyhound Lines, East, 545 F.2d 169, | 1 |
1,544 | [
"In the provided excerpt from a US court opinion, insert the missing content:\napplied Hardy and suggested the limits of the term: whether the information “tell[s] the [agency] how to catch lawbreakers; [or tells] lawbreakers how to avoid the [agency’s] enforcement efforts.” Id. Our existing cases lead our district... | ); Gordon, 388 F.Supp.2d at 1036 (holding “no | 1 |
1,545 | [
"In the context of a US court opinion, complete the following excerpt:\nof the Leases is fatal to their appeal. See Loven v. Greene County, 94 S.W.3d 475, 478 (Mo.App. S.D.2003) (“An appellant’s failure to challenge a finding and ruling that would support the conclusion complained about is fatal to an appeal.”). It... | ); Houston v. Roadway Express, Inc., 133 S.W.3d | 4 |
1,546 | [
"Your challenge is to complete the excerpt from a US court opinion:\nBeverages & Tobacco, 496 U.S. 18, 51, 110 S.Ct. 2238, 110 L.Ed.2d 17 (1990). But despite the constitutional requirement that there be a remedy, the Supreme Court expressly noted in Reich v. Collins, 513 U.S. 106, 115 S.Ct. 547, 130 L.Ed.2d 454 (19... | ). Reasoning analogously, we conclude that the | 4 |
1,547 | [
"Provide the missing portion of the US court opinion excerpt:\nOn August 31, 2000 she reported to the Human Resources Manager, Donald Vincent, that she had been told that John Warren had rhymed her last name with “slut.” In response Vincent immediately had Henry Morrissey (the Area Manufacturing Manager) interview ... | ). Regarding her confrontations with subordinate | 3 |
1,548 | [
"Provide the missing portion of the US court opinion excerpt:\nnot err in her evaluation of the medical evidence or in discounting Casey’s subjective complaints. Casey challenges the ALJ’s reliance on Dr. May’s RFC opinion, directing us to Nevland v. Apfel where we reversed an ALJ’s decision because he relied on th... | ). “It is well settled that an ALJ may consider | 0 |
1,549 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nexplicitly and on the record as to whether Mother validly intended to waive her right to contest the termination.”). If the parties were not prepared to address the issue, the trial court should have ordered a brief continuance. Here, su... | ). {13} We recognize that Mother’s right to | 2 |
1,550 | [
"Your challenge is to complete the excerpt from a US court opinion:\nand the substantive basis” for the claims it asserts under Counts I (unconstitutional vagueness), Count III (violation of the Administrative Procedures Act), and Count IV (procedural due process violation). In Salfi, the Court held the plaintiffs’... | ); Livingston Care Ctr., 934 F.2d at 722 | 0 |
1,551 | [
"Fill in the gap in the following US court opinion excerpt:\nare you aware of whether or not Eligió [Saenz] has any other method of getting to a public roadway, other than through Mrs. Thrash’s property and through your property? A. He’s even going through my, my easement that I bought outright several times, and a... | ). CONCLUSION We conclude the Saenzes failed to | 4 |
1,552 | [
"Provide the missing portion of the US court opinion excerpt:\nthe debtor and for the description of the collateral, which identifies EAI of NC as the debtor and put[s] third parties on inquiry notice to read the attached Security Agreement.” Plaintiffs motion for summary judgment in the bankruptcy court, 4-5. {¶ 1... | ); and In re Platt (E.D.Pa.1966), 257 F.Supp. | 0 |
1,553 | [
"Your challenge is to complete the excerpt from a US court opinion:\n(9th Cir.1986)). Notably, in their reply, Petitioners argue that members of their proposed social group are “easily identified,” but they do not address at all the issue of the breadth of the proposed group. Petitioners’ Reply, pp. 18-19. As for t... | ). Accordingly, Petitioners’ motion to reopen | 2 |
1,554 | [
"In the provided excerpt from a US court opinion, insert the missing content:\npeople outside the state may have eaten at the plaintiffs employer was insufficient to prove that the restaurant prepared food for interstate commerce. See Lamont v. Frank Soup Bowl, Inc., 2001 WL 521815, at * 2 (S.D.N.Y. May 16, 2001) (... | ). Moreover, Plaintiffs handling of produce that | 1 |
1,555 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nThus, the question for a jury would be whether the State provided reasonable accommodations resulting in meaningful access for Ms. Jar-amillo, or denied her such access solely on the basis of her disability. For the same reasons discusse... | ); Wernick v. Fed. Reserve Bank of N.Y., 91 F.3d | 3 |
1,556 | [
"Complete the following excerpt from a US court opinion:\nfact-finding, the Court will exercise its discretion to examine the claim. Appellants charge that the CFA note and mortgage were criminally usurious under New York Penal Law § 190.40 and New York General Obligations Law §§ 5-511, 5-501-1, and 5-501-6-a. (App... | ). Contrary to Appellants’ assertions, the CFA | 0 |
1,557 | [
"Complete the following passage from a US court opinion:\nto Stephanie's college expenses, at the very least, he should receive a credit against the arrearage for the time Stephanie was away at school. We begin by noting that upon dissolution of marriage, parties are free to draft their own settlement agreements. N... | ). When interpreting such agreements, we apply | 1 |
1,558 | [
"Please fill in the missing part of the US court opinion excerpt:\nv. Jefferson County, 668 F.2d 869, 874 (6th Cir.1982). Plaintiffs here have adduced evidence of a discussion of a continuing investigation, but no evidence that tends to show the authorization, approval, or knowing acquiescence of the supervisory De... | ). Here, Plaintiffs have adduced no evidence | 0 |
1,559 | [
"In the context of a US court opinion, complete the following excerpt:\nin the definition of \"felony violation” under § 1028A). 10 . In this regard, Count Two charges defendant with knowingly possessing] and us[ing], without lawful authority, a means of identification of another person, to wit, a passport bearing ... | ); United States v. Horton, 321 F.3d 476, 479 | 1 |
1,560 | [
"Please fill in the missing part of the US court opinion excerpt:\nto alleviate the confusion. 239 Ga. at 128-129. 8 See, e.g., City of Columbus v. Myszka, 246 Ga. 571, 572 (272 SE2d 302) (1980) (distinguishing a continuing, abatable nuisance from a permanent nuisance); Brand v. Montega Corp., 233 Ga. 32, 33 (209 S... | ). 9 This Court in Hibbs v. City of Riverdale, a | 3 |
1,561 | [
"Please fill in the missing part of the US court opinion excerpt:\nprotections afforded to the debtors by the Bankruptcy Code and the automatic stay, specifically because the Adversary Proceeding will determine whether the debtors were in default and thus whether Bank of America is entitled to recover from the guar... | ). Contrary to the Ninth Circuit’s | 0 |
1,562 | [
"Your challenge is to complete the excerpt from a US court opinion:\nA. To begin the analysis of this issue, it is helpful to place the clergy sexual conduct statute in the context of the variety of third-degree criminal sexual conduct crimes described in Minn.Stat. § 609.344 (2006). That section criminalizes sexua... | ). The Court implied that this general rule may | 3 |
1,563 | [
"Complete the following passage from a US court opinion:\nof the state. See 457 U.S. at 842, 102 S.Ct. 2764. The defendants attempt to bolster their argument by analogizing to Rendell-Baker, arguing that the social workers employed by Lutheran, like the school teachers in Rendell-Baker, are not state actors. One co... | ). In reaching the above conclusion, Judge | 2 |
1,564 | [
"Please fill in the missing part of the US court opinion excerpt:\nof death or serious bodily injury, (2) a well-grounded fear that the threat will be carried out, and (3) lack of a reasonable opportunity to escape the threatened harm.” United States v. Moreno, 102 F.3d 994, 997 (9th Cir.1996) (citing United States... | ). Nor did the government withhold evidence | 1 |
1,565 | [
"Please fill in the missing part of the US court opinion excerpt:\nstrive to understand, make sense of, and follow the instructions given them.”); Richardson v. Marsh, 481 U.S. 200, 206-07, 107 S.Ct. 1702, 1707, 95 L.Ed.2d 176 (1987) (“This accords with the almost invariable assumption of the law that jurors follow... | ). We have obediently followed and repeated the | 1 |
1,566 | [
"Complete the following passage from a US court opinion:\nDetainer In his next claim, Appellant argues that the Board committed an abuse of its discretion by inquiring into the status of an INS detainer issued against Appellant because, according to Appellant, the Board has consistently used the absence of an updat... | ). As noted previously, while Appellant’s first | 2 |
1,567 | [
"Provide the missing portion of the US court opinion excerpt:\ncourt to give the plaintiff the opportunity to amend his pleading particularly in those cases where the new claims warrant development of facts to uncover the merits of the claims or where the claims allege facts which are disputed. See Conti v. Sanko S... | ). Halbert’s libel and slander claims are based | 0 |
1,568 | [
"Complete the following passage from a US court opinion:\nand the restrictions and limitations that he believed should be placed on Myers’ ability to work. ECF No. 27-2 at PagelD #: 302 (A.R. 151). There is no other medial opinion in the record from a treating physician that speaks to whether any restrictions on My... | ); Houston, 246 Fed.Appx. at 301 (finding that | 1 |
1,569 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nuse of Stitt’s name and likeness on its own album covers. While the album cover itself is arguably misleading in some respect, Sun Trading has presented no concrete evidence of the likelihood of or actual consumer confusion. “Likelihood ... | ). Without some evidence that the repackaged | 1 |
1,570 | [
"Complete the following excerpt from a US court opinion:\nof stock — that occurred at the time of the purchase or sale of stock would be deemed to arise from that purchase or sale. Put differently, in claimants’ submission, a claim must be predicated on illegality in the stock’s issuance to be subordinated under § ... | ). Telegroup contends that appellants’ claims | 0 |
1,571 | [
"Fill in the gap in the following US court opinion excerpt:\njurisdiction may close the case for failure to respond after receipt of the [SOC], but questions as to timeliness or adequacy of response shall be determined by the Board of Veterans’ Appeals.” Id. The Secretary, pursuant to 38 U.S.C. § 7105, promulgated ... | ). Based on the following, we conclude that | 3 |
1,572 | [
"In the context of a US court opinion, complete the following excerpt:\nwas decided only under MCR 2.116(0(10). See Cuddington v United Health Servs, Inc, 298 Mich App 264, 270; 826 NW2d 519 (2012) (concluding that if a party moved for summary disposition under multiple subrules and the trial court ruled on the mot... | ). RIORDAN, J. (concurring in part and | 2 |
1,573 | [
"Your challenge is to complete the excerpt from a US court opinion:\napparent on the statute’s face and the question of their enforcement duties, if any, was not considered in the decision declaring the statutes unconstitutional, nor were the merits of the proposition otherwise litigated. Moreover, where, as here, ... | ). Unquestionably, with respect to the | 4 |
1,574 | [
"Complete the following passage from a US court opinion:\nclaiming that the district court failed to consider the effect that one of section 9(l)’s three factors — the “seriousness of the [defendant’s] offense” — had on its decision to dismiss without, as opposed to with, prejudice. Id. § 9(1). We find no abuse of ... | ). Coupled with the district court’s findings on | 3 |
1,575 | [
"In the context of a US court opinion, complete the following excerpt:\nin Alabama. This Court has consistently refused to allow a person to prosecute an action in a state court while another action on the same cause and against the same parties is pending in a federal court in this State.’ ” Ex parte University of... | ). The petitioners argue that the claims alleged | 1 |
1,576 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nwith the debtor refused to pay the purchase price. The debtor sued on the contract claim in the bankruptcy court. The defendant corporation objected to the bankruptcy court’s jurisdiction on the ground that the debtor’s claim w... | ); See also In re Epi-Scan, Inc., 71 B.R. 975 | 0 |
1,577 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\ncontest the adoption, nor did he have any right to an evidentiary hearing to determine whether the adoption was in the best interest of the child. IV. JURISDICTION ¶ 29 Finally, C.F. contends that Utah has no jurisdiction over him, and thus h... | ); see also In re Marriage of Rizzo, 237 | 3 |
1,578 | [
"Fill in the gap in the following US court opinion excerpt:\n(3) all of the person’s estate that is not devised by the will vests immediately in the person’s heirs at law. (b) Subject to Section 101.051, the estate of a person who dies intestate vests immediately in the person’s heirs at law. See Tex. Estate Code §... | ); see Woodward v. Jaster, 933 S.W.2d 777, 780 | 1 |
1,579 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nLujan, 504 U.S. at 572 & n. 7, 112 S.Ct. 2130. Plaintiffs in a procedural standing case need not establish that, were the government to follow the proper procedures, its ultimate action would be different. Instead, plaintiffs in a proced... | ); Helene Curtis, Inc. v. Assessment Appeals | 1 |
1,580 | [
"Your task is to complete the following excerpt from a US court opinion:\nor Collateral Estoppel in Federal Court Action, 19 A.L.R. Fed. 709 § 4 (1974 & Supp.1995). Cf. United States v. Kimbell Foods, Inc., 440 U.S. 715, 99 S.Ct. 1448, 59 L.Ed.2d 711 (1979) (federal common law governing contractual liens arising fr... | ); Nelson v. Jefferson County, Ky., 863 F.2d 18, | 2 |
1,581 | [
"Your task is to complete the following excerpt from a US court opinion:\nthe case being reviewed: 1. \"the agency was charged by the legislature with the duty of administering the statute\"; 2. the agency's interpretation is one of longstanding; 3. \"the agency employed its expertise or specialized knowledge in fo... | ). ¶ 10. Cudahy argues that LIRC's decision in | 0 |
1,582 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nsamples, an alteration in the RCD limit initially proposed of 1.0 mg/m3 limit to the 1.5 mg/m3 limit actually adopted, and the introduction of “excessive concentration values” or ECVs. There remains, no doubt, a difference of opinion between ... | ). Here, MSHA has reasoned that most such | 1 |
1,583 | [
"Your task is to complete the following excerpt from a US court opinion:\nin Mem’l Hosp.-West Volusia, Inc. v. News-Journal Corp., 729 So. 2d 373, 379 (Fla. 1999), the Florida Supreme Court held that a lessee running a hospital on behalf of a public authority responsible for public services was a public agency unde... | ); Dade Aviation Consultants v. Knight Ridder, | 0 |
1,584 | [
"Your task is to complete the following excerpt from a US court opinion:\nof this case and the record do not support a stay of adjudication. First, it is clear the district court’s decision to stay adjudication is within the court’s “inherent judicial power” when the decision is supported by “special circumstances.... | ). Importantly, the record indicates that | 3 |
1,585 | [
"Please fill in the missing part of the US court opinion excerpt:\nwe hold that Appellants had adequate notice of the acts required of them should they decide to continue operating prior to a final trial on the merits of the underlying lawsuit. Appellants also argue that the temporary injunction is void because it ... | ). As we have explained, the order here states | 3 |
1,586 | [
"Your challenge is to complete the excerpt from a US court opinion:\nrepresented by counsel, has now filed a pro se motion for class certification pursuant to Fed.R.Civ.P. 23. Defendant has objected. Discussion Rule 23(a) of the Federal Rules of Civil Procedure requires that parties seeking class certification demo... | ); McGrew v. Texas Bd. of Pardons & Paroles, 47 | 4 |
1,587 | [
"Your challenge is to complete the excerpt from a US court opinion:\nreaffirm the reach of the filed rate doctrine’s formidable barrier to suit in cases involving California’s wholesale electricity market. See, e.g., Wah Chang v. Duke Energy Trading & Mktg., LLC, 507 F.3d 1222, 1225-27 (9th Cir. 2007); Pub. Util. D... | ). Plaintiffs nonetheless argue that the filed | 1 |
1,588 | [
"In the context of a US court opinion, complete the following excerpt:\n... as moot.” Doc. 28 at 7. This appeal followed. Discussion We construe the district court’s order as dismissing Mr. Matelsky’s complaint pursuant to 28 U.S.C. § 1915(e)(2)(B), and review solely for an abuse of discretion. McWilliams v. State ... | ). Mr. Matelsky’s exclusion from the Program has | 3 |
1,589 | [
"Complete the following excerpt from a US court opinion:\nof appeals’ contrary decision. IV. Remedy. Because the State does not dispute that the defendant’s prior convictions do not support a finding that the defendant is a habitual offender, we must vacate the defendant’s sentence and remand for re-sentencing. The... | ). This case is remanded for resen-tencing on | 0 |
1,590 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nReport of CS in October 2013 by TFO Travis Chavez regarding Erik Parra and Greg Cotinola Request 2: Copy of Handwritten and/or Audio Notes Regarding Debriefing of the CS in October 2013 by TFO Travis Chavez regarding Erik Parra... | ). See also United States v. Weaver, 992 | 3 |
1,591 | [
"Your challenge is to complete the excerpt from a US court opinion:\nat 57 (quoting Wash. Rev. Code § 26.10.160(3) (1994)). Describing the statute as “breathtakingly broad,” the Court faulted the law, not only for its nearly unlimited scope, but for its failure to accord any preference to the historical presumption... | ). Turning to the Iowa statute before us, we | 0 |
1,592 | [
"Complete the following excerpt from a US court opinion:\nforfeiture proceeding under a civil forfeiture statute who does not receive such notice may file a motion to set aside a declaration of forfeiture with respect to that person’s interest in the property.,. 18 U.S.C. § 983 (emphasis added). This “exclusive rem... | ); United States v. King, 442 Fed.Appx. 212, 213 | 3 |
1,593 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\ntrial court is statutorily mandated to order the payment of restitution unless the court finds that restitution is inappropriate.\" Snyder, 747 P.2d at 420; see also Utah Code Ann. § 76-3-201(4) (1999). It ¶ 8 Under both the United States and... | ). ¶ 10 Defendant did not object, question, or | 2 |
1,594 | [
"Fill in the gap in the following US court opinion excerpt:\nNeesen ed., 1995)(stating that “’particular part’ exclusion operates to preclude coverage for the damage to real property which occurs while the insured is performing his work on it”). Consequently, the instant exclusion applies if Schauf was accomplishin... | ). As Schauf stated in his deposition, he | 4 |
1,595 | [
"In the provided excerpt from a US court opinion, insert the missing content:\n3 . In Oregon, the Circuit Court serves as the state trial court of general jurisdiction. Circuit Courts also review petitions for post-conviction review. Bailey’s Motion for a New Trial and petition for state post-conviction relief were... | ); Agurs, 427 U.S. at 107, 96 S.Ct. 2392 | 2 |
1,596 | [
"Your task is to complete the following excerpt from a US court opinion:\nrelief,” on breach of fiduciary duty and equitable estoppel theories for making affirmative misrepresentations with knowledge beneficiary would be misled thereby, and stating that to “succeed under this [equitable es- toppel] theory of relief... | ); Gillis v. Hoechst Celanese Corp., 4 F.3d | 1 |
1,597 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nthe burden to seek review, on which the employee evidently acted on a writ of certiorari. Respondent suggests that the parties in this case should have similar powers and burdens. But the circumstances here are much different from those ... | ), review denied (Minn. Dec. 20, 1984). | 1 |
1,598 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthat when the government undertakes to perform services, which in the absence of specific legislation would not be required, it will, nevertheless, be liable if these activities are performed negligently.”). In aviation cases, courts have hel... | ); Somlo v. United States, 416 F.2d 640, 647 | 4 |
1,599 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nfrom the ballot without reference to the candidates’ support in the electoral process. Thornton, 514 U.S. at 835, 115 S.Ct. 1842 (emphasis supplied). The State has not demonstrated that § l-4-802(l)(g) protects the integrity or... | ). We agree with Mr. Campbell’s assertions. We | 4 |
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