id int64 0 3.55k | input_options listlengths 5 5 | output stringlengths 11 48 | gold_index int64 0 4 |
|---|---|---|---|
1,600 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nit were armed and dangerous, the use of a shotgun to penetrate the iron gate or security door that was protecting the front entrance of the residence was not unreasonable. We further conclude that the Nevada “knock and announce... | ). 6. King contends that the State failed to | 4 |
1,601 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nargues that the trial court erred in denying his ineffective assistance of counsel claim because under these facts the search could not be justified as a search incident to arrest where the police had a preplanned intention to ... | ). It is not clear from this record why Pugh’s | 4 |
1,602 | [
"In the context of a US court opinion, complete the following excerpt:\ncourt have jurisdiction to review a claim by employees that their union violated the NLRA by charging agency fees for nonrepresentational purposes, which also is arguably an unfair labor practice. Communications Workers of Am. v. Beck, 487 U.S.... | ); Serrano v. Jones & Laughlin Steel Co., 790 | 0 |
1,603 | [
"Complete the following excerpt from a US court opinion:\nv. United States, 53 Fed.Cl. 241, 244 (2002) (“[O]nly plaintiffs who are in privity of contract with the government can have standing to bring a claim in this court.”) (citations omitted); see also Centex Corp. v. United States, 52 Fed.Cl. 599, 603 (2002). I... | ); F.D.I.C. ex rel. Karnes County Sav. and Loan | 4 |
1,604 | [
"Complete the following passage from a US court opinion:\nif it allows plan participants \"to obtain remedies ... that Congress rejected in ERISA,\" Pilot Life, supra, at 54, 107 S.Ct. 1549. Rush Prudential, 536 U.S. at 377, 122 S.Ct. 2151 (alteration in original). 16 . We pause to note that claimants such as Bal-d... | ); Shofer v. Hack Co., 970 F.2d 1316, 1319 (4th | 4 |
1,605 | [
"In the context of a US court opinion, complete the following excerpt:\nclaims. This immunity applies to the section 1983 claims. Individual immunity is not necessary for the RLUIPA claims. RLUIPA provides a cause of action against “governments” and does not appear to allow causes of action against individuals. (A ... | ) (citing Buckley v. Fitzsimmons, 509 U.S. 259, | 4 |
1,606 | [
"Your challenge is to complete the excerpt from a US court opinion:\nof this state. 2. A police officer in “hot pursuit” may continue beyond the one and one-half mile [2.⅛1 kilometers] limit to make an arrest, in obedience to a warrant or without a warrant under the conditions of section 29-06-15, whenever obtainin... | ). See also N.D.C.C. § 44-08-20(3) (stating, | 3 |
1,607 | [
"Your task is to complete the following excerpt from a US court opinion:\nSignal Corp., 68 F.3d 1488, 1492 (2d Cir.1995) (same); Flanigan v. Int’l Bhd. of Teamsters, Chauffers, Warehousemen & Helpers of America, 942 F.2d 824, 827 (2d Cir.1991) (same); Ghartey v. St. John’s Queens Hosp., 869 F.2d 160, 165 (2d Cir.19... | ), we cannot accept IAM’s contention that the | 2 |
1,608 | [
"Provide the missing portion of the US court opinion excerpt:\nsupport this conclusion, and nothing points the other way. First, RICO’s statutory scheme resembles the EPCA more than the RCRA. Both RICO and the EPCA stand alone in grappling with a broad social issue, whereas the RCRA had a closely related statute on... | ). But see Nat’l Org. for Women, Inc. v. | 3 |
1,609 | [
"Provide the missing portion of the US court opinion excerpt:\nto the employment contracts of seamen. As adopted by Congress, the Convention is part of Title 9 of the United States Code, 9 U.S.C. § 1, et seq. (“Title 9”). According to 9 U.S.C. § 1, the general provisions of Title 9 do not apply to seamen’s employme... | ); Bautista, et al. v. Star Cruises and | 4 |
1,610 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nThat case, National Advertising Co. v. City of Miami, Case No. 02-20556-CIV-KING (\"National II\"), was filed on February 21, 2002 in response to the City’s rejection of seven permit applications to construct billboards. National I and Nation... | ); Princeton Univ. v. Schmid, 455 U.S. 100, 103, | 4 |
1,611 | [
"Fill in the gap in the following US court opinion excerpt:\nto Council members in violation of Department and City policy, diminishing the level of protection his speech might otherwise enjoy. Belcher’s interest in speaking privately to the Council members must be weighed against the contrary interests of the City... | ). Firefighters place their lives in each | 1 |
1,612 | [
"Complete the following excerpt from a US court opinion:\nmust comply with that section. Statutory provisions creating rights and remedies are mandatory and exclusive and must be complied with in all respects. Id. at 937. The court held that the notice requirements of section 42.21 are jurisdictional and affirmed t... | ). The property owner in Herndon Marine | 1 |
1,613 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nstatements). Even giving the confidential witness statements minimal weight, however, we do not doubt that sufficient facts have been presented to “raise a reasonable expectation that discovery will reveal evidence.” Twombly, 550 U.S. at... | ). We disagree that Plaintiffs’ GAAP allegations | 0 |
1,614 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nin the “terms and conditions of employment” did not provide defendants notice of claims other than those specifically alleged in the complaint); Davis v. Bethlehem Steel Corp., 600 F.Supp. 1312, 1318— 19 (D.Md.1985), aff'd, 769 F.2d 210 (4th ... | ). Plaintiffs’ reliance on the language of the | 4 |
1,615 | [
"Complete the following excerpt from a US court opinion:\nsuppression motion for failure of the prosecution to go forward with an evidentiary showing. II. 18 We hold that the trial court erred in assigning the initial burden of going forward to the prosecution and reverse the suppression order. A. Standard of Revie... | ). The motion should state with reasonable | 1 |
1,616 | [
"Your challenge is to complete the excerpt from a US court opinion:\nthe body-cavity search, which was performed at approximately 2:15 a.m., officials placed Thompson in a room with seven other prisoners until 7:00 a.m. The room lacked toilet facilities, and at least one of the prisoners urinated on the floor. An o... | ). The California Department of Corrections | 4 |
1,617 | [
"Provide the missing portion of the US court opinion excerpt:\n994 A.2d at 878 n. 13. In ACandS, Inc. v. Asner, 344 Md. 155, 192, 686 A.2d 250, 268 (1996), Judge Rodowsky, writing for the Court, refused, on a Motion for Reconsideration, testimony contained in depositions which were not contained in the five volume,... | ); Pulte Home Corp. v. Parex, Inc., 174 Md.App. | 2 |
1,618 | [
"Provide the missing portion of the US court opinion excerpt:\nto the carrier or fund. Here, Libner does not allege that he directly notified the Association of the existence of the lien. He asserts that the Association should have been on notice as a result of his relationship with his client, his communications w... | ). [¶ 12] Because Libner failed to provide any | 2 |
1,619 | [
"Please fill in the missing part of the US court opinion excerpt:\nState made no effort to distinguish Cox; in fact, the State’s brief does not even cite Cox. As previously discussed, the State was required to prove that when Phares induced Daniel Walker to pay him money, Phares intended to unlawfully deprive Walke... | ). As in Cox and Phillips, in the case sub | 3 |
1,620 | [
"Your challenge is to complete the excerpt from a US court opinion:\nbecause CBFWA has alleged nineteen violations of the Agreement by BPA since 1991. However, because they are challenging only the decision to enter into the agreements, and are not suing for violations of the agreements, we do not consider this gro... | ). 9 . Section 839d(l) provides: The | 1 |
1,621 | [
"Fill in the gap in the following US court opinion excerpt:\na witness need not have specialized training in a particular field and may gain his expertise solely through work experience. Wileman v. Commonwealth, 24 Va.App. 642, 647-48, 484 S.E.2d 621, 624 (1997) (qualifying bank official as expert in comparing sign... | ). In keeping with this principle, “[t]he | 4 |
1,622 | [
"Complete the following excerpt from a US court opinion:\npolicies. 24 . 182 La. 551, 162 So. 177. 25 . No. 6829, 1917 WL 1628 (La.App. Jan. 9, 1917). 26 . A “constructive total loss\" occurs when a covered peril renders something economically, if not physically, useless. See Hart, 162 So. at 180 (finding a constru... | ). 30 . Compare Fla. Stat. § 627.702(1) (2003) | 3 |
1,623 | [
"Your challenge is to complete the excerpt from a US court opinion:\nundertook the defendant’s retroactivity claim under plain error review standards because the defendant had failed to preserve the issue by objecting. The Supreme Court described its review under the plain error rule as discretionary, not mandatory... | ); Milligrock v. State, 118 P.3d 11, 15 (Alaska | 1 |
1,624 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nagainst a concrete sidewalk); State v. Jacobs, 34 Or.App. 755, 579 P.2d 881, 882 (1978) (conviction upheld where defendant placed four-year-old child in scalding hot water). Third, Begay made clear that the residual clause appl... | ). 4 . Begay focused on a nearly identical | 1 |
1,625 | [
"Fill in the gap in the following US court opinion excerpt:\nrate that is added to the total amount of commissions earned. As such, NHC’s nonrecoverable draw functions much more like a salary than a true draw on commissions. Regardless of whether the Level I plan constitutes a salary plus commission, a quota bonus ... | ). Rather, the Court must examine only the true | 3 |
1,626 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nthe services rendered by the Firm may have been of some incidental benefit to Heller, given the broad description of the services rendered and the services already rendered by Heller’s counsel, this Court concludes that there was no dire... | ) (citing In re Proto-Specialties, Inc., 43 B.R. | 1 |
1,627 | [
"Complete the following passage from a US court opinion:\nis most commonly used in other contexts to refer to proceedings initiated before a court. See Iowa Code § 611.2 (\"A civil action is a proceeding in a court of justice in which one party, known as the plaintiff, demands against another party, known as the de... | ). Black's Law Dictionary defines a “civil | 1 |
1,628 | [
"Fill in the gap in the following US court opinion excerpt:\nassets. Plaintiff, on the other hand, contends that the sponsor’s use of a trust, rather than payment directly from general assets, does not automatically obviate any potential conflict of interest. The parties cite to no Ninth Circuit authority expressly... | ); Abatie, 458 F.3d at 969 (noting level of | 1 |
1,629 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nthat her expulsion will preclude her from taking part in any special education programs offered at Danbury High School. If plaintiff is expelled, she will be restricted ito placement in a private school or to homeIbound tutoring. Regardl... | ). The Court is persuaded that plaintiff’s | 0 |
1,630 | [
"In the context of a US court opinion, complete the following excerpt:\nwaives this privilege if he “voluntarily discloses or consents to disclosure of any significant part of the privileged matter.” At trial, Ross testified extensively about what he said to his wife on the night of the shooting. This was clearly a... | ). We therefore affirm on this point. As for | 2 |
1,631 | [
"Fill in the gap in the following US court opinion excerpt:\nlose “merit pay, extra class assignments normally to be expected such as summer school, promotion and increased pay, publishing opportunities, paid speaking opportunities, paid sabbaticals, research grants, and the like.” Neither the Wisconsin Administrat... | ). The cases that Powell cites in support of | 1 |
1,632 | [
"Provide the missing portion of the US court opinion excerpt:\npublic policy and case law surrounding Commonwealth contract claims,” and did not alter or diminish the Board of Claims’ jurisdiction, except as explicitly enumerated in “two minor areas (i.e. by eliminating Board jurisdiction over medical assistance cl... | ). The Board of Claims also places particular | 2 |
1,633 | [
"In the context of a US court opinion, complete the following excerpt:\nspecial education and daycare at different sites, children who receive both daycare and special education services at the same site are not entitled to transportation under the IDEA as incorporated by Minn.Stat. §§ 123B.88,125A.03(a). This cour... | ), aff'd, 471 U.S. 359, 105 S.Ct. 1996, 85 | 3 |
1,634 | [
"Your task is to complete the following excerpt from a US court opinion:\nthe debtor may only do so “subject” to 11 U.S.C. § 365. See 1322(b)(7). Consequently, the Debtor has the option of assuming the Lease in his Plan but, in opting to do so, he obligates himself to satisfy the requirements of § 365 which he has ... | ); In re Pittman, 289 B.R. 448, 450 | 3 |
1,635 | [
"Fill in the gap in the following US court opinion excerpt:\nwhen he signed off from the ship after the end of the voyage, they complied with the Seafarer’s Agreement, as well as the applicable law (Docket # 42. Exs. A & O). We agree. The Seafarer’s Agreement unambiguously states that “if Seafarer becomes ill or in... | ). Accordingly, Defendants’ motion for summary | 4 |
1,636 | [
"In the context of a US court opinion, complete the following excerpt:\nHowever, it ruled Dougherty’s testimony about appellant’s alleged hearsay statements was inadmissible because the evidence failed to establish the reliability of those statements. Appellant contends sufficient corroborating evidence established... | ). “ ‘[T]he sufficiency of the proof to | 2 |
1,637 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nare no plaintiffs and defendants in a will contest, and it is not instituted by the filing of a complaint. This was the case in the Civil Code, which applied to probate courts only in civil actions and had separate provisions g... | ). Assuming, without deciding, that an action to | 3 |
1,638 | [
"In the context of a US court opinion, complete the following excerpt:\nwith the approval of the Governor and in accordance with § 5 of the Voting Rights Act, ends its current impasse and adopts its own redistricting plan. 5 . The Supreme Court has also held that courts must utilize single-member districts \"[ujnle... | ); Smith, 946 F.Supp. at 1206 (noting that | 3 |
1,639 | [
"Your task is to complete the following excerpt from a US court opinion:\nvapors from reaching the surface and harming nearby homeowners. The Court finds that both cases are inapposite to the case sub judice. In Lueke and Baker, the basis of the plaintiffs’ interference with use claims were the health risks posed b... | ). This Court finds that Plaintiff misinterprets | 4 |
1,640 | [
"Your challenge is to complete the excerpt from a US court opinion:\nbut also must give the de fendant credit for the full elapsed period of the administrative suspension, see id. § 1311-A(5)(C). This interleaving, the petitioner suggests, signifies that the civil sanction must itself be punitive. We do not accept ... | ). In all events, the credit provision, fairly | 3 |
1,641 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nsimply wrong. Under our reading of the policy, the CGL coverage does not completely subsume the CPPL coverage so as to render the latter superfluous. In some respects, the CGL coverage is more limited than the CPPL coverage. For example, the ... | ). Thus, an injury that arises out of | 0 |
1,642 | [
"Please fill in the missing part of the US court opinion excerpt:\ntreated as a predicate felony conviction for career offender status because, while the maximum sentence at the time he was convicted and sentenced was two years imprisonment, a change in the law the following year reduced the maximum sentence to 150... | )); United States v. Carter, 300 F.3d 415, 427 | 4 |
1,643 | [
"Please fill in the missing part of the US court opinion excerpt:\nSee also United States v. Horak, 833 F.2d 1235, 1245 (7th Cir.1987). In United States v. Tranowski, 702 F.2d 668 (7th Cir.1983), cert. denied, 468 U.S. 1217, 104 S.Ct. 3586, 82 L.Ed.2d 884 (1984), the Court of Appeals allowed the government to appea... | ). We too hold that in the case before us the | 4 |
1,644 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nwill be deemed non-final for the purposes of the exercise of appellate jurisdiction pursuant to Rule 54(b). The application of Rule 54(b), either directly or by analogy, to the appeals of bankruptcy proceedings for the purpose ... | ), cert. denied, 484 U.S. 980, 108 S.Ct. 478, 98 | 0 |
1,645 | [
"Complete the following excerpt from a US court opinion:\nsucceed, Pearson’s participation must have somehow harmed Iglesias’s defense. Anticipating our conclusion that estoppel requires a showing of prejudice, the Athridges maintain that prejudice should be presumed in this case. This argument stands on firmer gro... | ). To begin with, Iglesias knew that Aetna would | 0 |
1,646 | [
"Please fill in the missing part of the US court opinion excerpt:\nby the Rose Foundation and others had no effect on the decision to sue Mr. Hurwitz,?” Williams responded, \"Absolutely so.” 84 . See, e.g., Schwarzer, 104 F.R.D. at 196 (“Were a court to entertain inquiries into subjective bad faith, it would invite... | ); see also Georgene M. Vairo, Rule 11 | 2 |
1,647 | [
"Fill in the gap in the following US court opinion excerpt:\nwhere the damage can be characterized as being continuous or progressive.” Wrecking Corp. of Am., 574 A.2d at 1350 (citation and internal quotation marks omitted). See, e.g., Leafland Group-II, Montgomery Towers Ltd. Partnership v. Ins. Co. of N. Am., 118... | ); Fitchburg Sav. Bank v. Mass. Bonding & Ins. | 0 |
1,648 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nCir. 1974); Kerbs v. Fall River Industries, Inc., 502 F.2d 731 (10th Cir. 1974); Lawrence v. Securities and Exchange Commission, 398 F.2d 267 (1st Cir. 1968); Myzel v. Fields, 386 F.2d 718 (8th Cir. 1967), cert. denied, 390 U.S. 951, 88 S.Ct.... | ). The absurdity of holding that the | 1 |
1,649 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nor to consult with an attorney or to have a parent present during questioning.” The Court applied the rule requiring all interrogation to cease when an adult defendant requests an attorney, to a juvenile who requests an attorne... | ), disc. rev. denied, 309 N.C. 824, 310 S.E.2d | 0 |
1,650 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\n(2012). The Alleyne Decision In Alleyne v. United States, the Supreme Court held that any fact that increases a mandatory minimum is an element that must be decided by the jury. Alleyne v. United States, — U.S. -, 133 S.Ct. 215... | ); In re Mazzio, 756 F.3d 487, 489-92, 2014 WL | 1 |
1,651 | [
"Complete the following passage from a US court opinion:\nno evidence that the management agent or any of its employees filed the appropriate information with the Licensing Board as required by statute. Because no reasonable jury could find that Defendants met the requirements for exemption, the Court finds that De... | ). In Plaintiffs Second Amended Complaint, ¶ 52, | 1 |
1,652 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nas required by the terms of the Distribution Agreement. IV. CONCLUSION The plain language of the Distribution Agreement compels a conclusion that the right of first refusal does not apply in a dissolution action where the court-appointed... | ); Guice v. Sentinel Tech., Inc., 294 Ill. | 0 |
1,653 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nan error of law,” Wyandotte Nation v. Sebelius, 443 F.3d 1247, 1252 (10th Cir.2006), or \"fails to consider the applicable legal standard____” Ohlander v. Larson, 114 F.3d 1531, 1537 (10th Cir.1997). For instance, in Thiessen v. General ... | ). 5 . Sprint lastly argues any error the | 1 |
1,654 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nagree. In the previous appeal, we considered the question of whether prior insolvency negates the possibility of a four-point enhancement and found that it does not. McDermot, No. 93-3603 at 24. Application Note 15 does not define safety and ... | ), cert. denied, — U.S. -, 114 S.Ct. 1865, 128 | 1 |
1,655 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nnot persuasive. Under the “actual effects” test, it is clear that Washington’s percentage-based penalty provisions are not primarily imposed to compensate the state. The State’s contention that it incurs costs in the collection of unpaid taxe... | ); In re E.A. Nord Company, Inc., 75 B.R. 634, | 3 |
1,656 | [
"Your challenge is to complete the excerpt from a US court opinion:\nthousands of jobs that exist in the national economy. Id. Social Security Ruling 00-4p SSR 00-4p prescribes guidelines for treating VE occupational testimony in conjunction with the information contained in the DOT. The ruling imposes upon an ALJ ... | ) The language of the ruling is mandatory, not | 1 |
1,657 | [
"Complete the following passage from a US court opinion:\nthis element.by showing either (1) the defendant “is enabled to commit the predicate offenses solely by virtue of his position in the enterprise or involvement in or control over the affairs of the enterprise” or (2) “the.predicate offenses are related to th... | ). D. Evidence of Uncharged Acts. Irizarry | 0 |
1,658 | [
"In the context of a US court opinion, complete the following excerpt:\na February 3, 2011, work injury. Employer contends that simply telling Brian Yoder that he fell, even if true, did not satisfy the Act’s notice requirements. Accordingly, the claim petition should have been denied. The claimant has the burden o... | ). Timely, notice “protect[s] the employer from | 4 |
1,659 | [
"In the context of a US court opinion, complete the following excerpt:\nthe Tax Court relied on its previous opinion in Manocchio v. Commissioner, supra, which reached the equal treatment issue. However, at the time that Manocchio was decided by the Tax Court, the Commissioner had not issued Revenue Ruling 83-3 whi... | ); Baker v. United States, 748 F.2d 1465 (11th | 0 |
1,660 | [
"Your task is to complete the following excerpt from a US court opinion:\nREDOIL utilized the administrative appeal process, the sixty-day deadline did not begin to run on February 15, 2007. NSB and REDOIL filed an optional appeal of the agency’s decision with the IBLA on April 13, 2007, pursuant to 30 C.F.R. § 290... | ). By filing on May 15 and May 22, the | 0 |
1,661 | [
"Your task is to complete the following excerpt from a US court opinion:\n‘in custody’ for the purposes of the habeas petition. Critical to the disposition of this issue is the principle held in Nakaranurack v. United States, 68 F.3d 290 (9th Cir.1995). There, the Ninth Circuit stated: We have broadly construed “in... | ); Ramos-Birueta v. INS, 2000 WL 1359593 at *1 | 0 |
1,662 | [
"Complete the following excerpt from a US court opinion:\nthe Bedard residence because they submitted when the defendants, through a show of authority, placed a restraint on their freedom. In response, defendants assert that the request to evacuate was not a seizure, but that in any event, they are entitled to qual... | ). It is irrelevant that Arlene and Isabel were | 4 |
1,663 | [
"Complete the following excerpt from a US court opinion:\nof Appellant at 14. The VA’s point is well taken; we remand to the district court for further proceedings consistent with this opinion. Reversed and Remanded. ORDER On April 3, 1992, our decision in United States v. Davis, No. 91-1678, slip op. (7th Cir. Apr... | ). Unbeknownst to this panel until April 6, | 4 |
1,664 | [
"In the context of a US court opinion, complete the following excerpt:\nagreed to withdraw his claim of mental retardation. The PCRA court did not authorize the parties to raise new issues in the written submissions filed in support of the already established claims. Nevertheless, Elliott raised for the first time ... | ); Pa.R.Crim.P. 902(B) (providing that the | 2 |
1,665 | [
"Please fill in the missing part of the US court opinion excerpt:\nby unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Arthur Lee Hairston, Sr., appeals from the district court’s order granting in part his 18 U.S.C. § 3582 (2006) motion for reduction of sen... | ), cert. denied, — U.S. —, 129 S.Ct. 2401, 173 | 1 |
1,666 | [
"Fill in the gap in the following US court opinion excerpt:\nsevere or pervasive ‘to alter the conditions of employment and create an abusive working environment.’ ” Meritor, 477 U.S. at 67, 106 S.Ct. 2399 (quoting Henson v. Dundee, 682 F.2d 897, 904 (11th Cir.1982)). b. Constructive Discharge A constructive discha... | );. Drake .v. Minnesota Mining & Manufacturing | 0 |
1,667 | [
"In the context of a US court opinion, complete the following excerpt:\ntype of illegal action that can reasonably be read to preclude coverage. Cf. Lennon v. Metro. Life Ins. Co., 504 F.3d 617, 621 (6th Cir.2007) (using tort law to inform question of whether a crash caused by drunk driving was an “accident”). Unde... | ); R.P. Davis, Lack of Proper Automobile | 3 |
1,668 | [
"Complete the following passage from a US court opinion:\nto state a claim under Federal Rule of Civil Procedure 12(b)(6), the D.C. Circuit has explained that because the FTCA waives sovereign immunity only as to claims where the government would be liable under local law, and because that waiver is \"coextensive w... | ). Although the Court has serious doubts about | 1 |
1,669 | [
"Your task is to complete the following excerpt from a US court opinion:\nunder the limited circumstances set forth in 5th Cir. R. 47.5.4. 1 . The Feuerbachers joined Sand Canyon Corporation, FNF Lawyers Title of DFW, Inc., and Jill Clay as defendants in their First Amended Complaint before the district court. Any ... | ). Although a lien that is void (as the | 2 |
1,670 | [
"Complete the following passage from a US court opinion:\nthings such as \"day care, doctor visits [and] food.” Id. at 503, 505, 489 S.E.2d at 703, 704. ANNUNZIATA, Judge, with whom BENTON and BRAY, JJ., join, dissenting. I respectfully dissent from the majority opinion. In Acree v. Acree, 2 Va.App. 151, 342 S.E.2d... | ); accord Meyer v. Meyer, 493 S.W.2d 42, 45 | 3 |
1,671 | [
"Your challenge is to complete the excerpt from a US court opinion:\nthe supervision of a Sergeant and told her to clean the basement. (Pl.’s 56.1 Stmt. ¶ 39; PL’s Opp’n 22.) Although she does not identify the times when she was denied overtime opportunities, she claims that, at least between 2004 and 2006, she was... | ); Gibson v. Wyeth Pharms., Inc., No. 07 Civ. | 4 |
1,672 | [
"Fill in the gap in the following US court opinion excerpt:\nrule 9(b) was applicable to RICO claims. See Tr. at 30 (Court). Mr. Bird, Plaintiffs’ counsel, and Mr. Bregman, Leslie Robins’ counsel, both thought rule 9(b) applies. See id. at 43 (Bird), 44 (Breg-man). It appears, however, based on the Court’s own rese... | ). In defending the sufficiency of their | 2 |
1,673 | [
"Fill in the gap in the following US court opinion excerpt:\nany mention during cross examination of his dishonorable discharge from the Marines. The court granted defendant's motion. Despite the ruling, the State's attorney asked a question about the circumstances of his leaving the Marines and he replied, \"I des... | ) (citing State v. Smith, supra). If such a | 4 |
1,674 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nSee 2006 Haw. Sess. Laws at 28-30; 2006 Haw. Senate Journal of 23rd Legislature at 1200 & 1277; 2006 Haw. House of Representatives Journal of 23rd Legislature at 1497 & 1653. However, proceeding to the second step of the Sacks framework,... | ). For these reasons, the Court concludes that | 4 |
1,675 | [
"Provide the missing portion of the US court opinion excerpt:\nthe child because of incarceration, hospitalization, or other physical or mental incapacity; [or] (x) who is regularly exposed to illegal drug-related activity in the home. 2 . The house was owned by the great-grandmother of De.S. and occupied also by v... | ) (internal quotations and citations omitted). | 4 |
1,676 | [
"Your challenge is to complete the excerpt from a US court opinion:\npotential liabilities and whether the purchasing corporation has “substantial ties” to the selling corporation. See Mexico Feed & Seed Corp., 980 F.2d at 489; Louisiana-Pacific Corp., 909 F.2d at 1265-1266; Elf Atochem North America v. United Stat... | ). Although the appropriateness of these two | 1 |
1,677 | [
"Your challenge is to complete the excerpt from a US court opinion:\naway from Oklahoma, we believe this is outweighed by the inconvenience to a Georgia resident who would be forced to sue in a foreign forum on a cause of action allegedly arising from that nonresident’s introduction of defective or negligently main... | ). But see Terasse v. Wisconsin Feeder Pig | 3 |
1,678 | [
"Complete the following passage from a US court opinion:\ncase here, where part of the merchandise is fragile glass. 14 . Both GRI 2(a) and GRI 3(b) employ the term \"essential character,” but in rather different contexts. As explained above, GRI 2(a) provides that \"[a]ny reference in a heading to an article shall... | ). Similarly, if the test for "essential | 3 |
1,679 | [
"Fill in the gap in the following US court opinion excerpt:\nswamp any common issues and defeat predominance.’ ” Id. (quoting Castano v. Am. Tobacco Co., 84 F.3d 734, 741 (5th Cir.1996)). It is settled that in reviewing a class certification order, we must evaluate “ ‘the claims, defenses, relevant facts, and appli... | ); Citizens Ins. Co. of Am. v. Daccach, 217 | 3 |
1,680 | [
"Complete the following excerpt from a US court opinion:\nwas that the trial court erred in sustaining the prosecutor’s objections to defense counsel’s questions to Petitioner’s motion concerning a telephone call that Petitioner allegedly made to her mother while she was being interrogated by the police. The motion... | ) As noted above in this Decision and Order, | 4 |
1,681 | [
"Your challenge is to complete the excerpt from a US court opinion:\nthe same outcome even absent the flaws identified. See Xiao Ji Chen, 434 F.3d at 159-65. Even though Liu did not exhaust his withholding of removal claim before the BIA, the BIA considered and decided that claim. See Xian Tuan Ye, 446 F.3d at 296-... | ); Wu Biao Chen v. INS, 344 F.3d 272, 275 (2d | 2 |
1,682 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nnew contract to which conventional contract principles apply, construed in accordance with relevant state law.”). One such restriction is that a reaffirmation agreement is enforceable only if “the debtor has not rescinded such ... | ); Booth v. Nat’l City Bank (In re Booth), 242 | 4 |
1,683 | [
"In the provided excerpt from a US court opinion, insert the missing content:\ncourts have exonerated individuals post-conviction have been single assailant DNA cases). 6 . Cherrix’s confession does not preclude a person's actual innocence of a crime. See Bruce M. Lyons, New Committee Looks at DNA and the Death Pen... | ); State v. Hicks, 195 Wis.2d 620, 536 N.W.2d | 1 |
1,684 | [
"Your task is to complete the following excerpt from a US court opinion:\nsentenced ..., does not constitute service of that sentence”). B. Motion for Reduction of Sentence Nancy Melody also appeals the district court’s decision to deny her request for probation in lieu of incarceration. In her motion for reduction... | ). However, we need not decide this issue | 3 |
1,685 | [
"Your task is to complete the following excerpt from a US court opinion:\nbears the burden of establishing that the claims are patent-ineligible, and the Court will construe the patent claims in a manner most favorable to Plaintiff. See Content Extraction & Transmission LLC v. Wells Fargo Bank, Nat’l Ass’n, 776 F.3... | ); CMG Fin, Servs., Inc, v. Pac. Trust Bank, | 3 |
1,686 | [
"In the context of a US court opinion, complete the following excerpt:\nto rebut the inference of discrimination came not from a misuse of statistics, but from the inexorable zero.”); see also NAACP, Inc. v. Town of East Haven, 70 F.3d 219, 225 (2d Cir.1995) (vacating denial of preliminary injunction enjoining defe... | ); Bethlehem Steel, 635 F.2d at 1015 (reversing | 4 |
1,687 | [
"Please fill in the missing part of the US court opinion excerpt:\nhabeas federal district court failed to consider the substance of the statutory defense coded at ... § 25 ... when [it] deferred to the state [court’s] ... dismissal .... ”); and 3 (“The federal district court[’s] procedural ruling erred in determin... | ). The court held that Mr. Clark had failed to | 1 |
1,688 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\n“sucks” is inappropriate for children when used in the phrase ‘WAR SUX” is also an issue requiring factual development. As DeVarti notes, some children’s literature uses the popular slang “suck,” and given its popular usage, it is at least un... | ). Courts generally apply the doctrine only in | 0 |
1,689 | [
"Complete the following passage from a US court opinion:\nCURIAM. Appellant Kenneth Dana Brewton, by and through his counsel David L. Dunagin, moves this court for leave to file a belated brief. Brewton’s brief was due in this court on October 14, 2008. After no brief was filed, the State filed a motion to dismiss ... | ). Here, Brewton accepts full responsibility and | 4 |
1,690 | [
"Your task is to complete the following excerpt from a US court opinion:\nbe limited to newly discovered evidence. Scroggins based his motion on the interest of justice and not expressly upon newly discovered evidence. Therefore, the district court erred in limiting its analysis of the motion, and the exercise of i... | ); 3 Chaeles ÁLAN WRIGHT, ET AL., FEDERAL | 2 |
1,691 | [
"Your task is to complete the following excerpt from a US court opinion:\ngrounds. Thus, in United States v. Marolda, 648 F.2d 623 (9th Cir.1981), the Ninth Circuit considered a case exactly like this one. The defendant had been convicted. On his first appeal, he asserted both trial error and insufficiency of the e... | ), cert. denied, 444 U.S. 884, 100 S.Ct. 175, 62 | 3 |
1,692 | [
"Fill in the gap in the following US court opinion excerpt:\ndoes business as University Medical Center. The Court will refer to this single entity as \"Defendant Hospital.\" 2 . Although Plaintiff had not served Defendant Texas Tech at the time of removal, she eventually did so. The Court recently remanded all cla... | ). Accordingly, the Court will refer to | 2 |
1,693 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nrule that where the record is sufficient to allow appellate review of a claim, the failure to raise that claim on appeal precludes subsequent collateral review of the claim, applies to bar collateral review where the facts underlying an ineff... | ); Witt v. Walker, No. 92 CIV.2085(MBM), 1993 WL | 3 |
1,694 | [
"Complete the following excerpt from a US court opinion:\nTheir related KCPA claims are individual as well. That is, the claims are brought in plaintiffs’ individual rather than corporate capacities. Amoco argues that because the corporations, not plaintiffs themselves, made payments to Amoco under the DSAs and Lea... | ). B. Are the purposes for which plaintiffs | 3 |
1,695 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nMeadow, 2005 UT App 294, ¶ 36, 118 P.3d 871; Peters, 2005 UT App 295U, para.6, 2005 WL 1530644. 4 . Forest Meadow, 2005 UT App 294, ¶¶ 3 & n. 2, 30, 118 P.3d 871. 5 . 2000 UT 9, 994 P.2d 201. 6 . Utah R.App. P. 24(k). When the briefs in these... | ). 12 . Utah Standards of Professionalism & | 0 |
1,696 | [
"Your challenge is to complete the excerpt from a US court opinion:\nand consideration by the trial court. Also, counsels’ discussion with the trial judge regarding the disqualification covers approximately ten pages of the reporter’s record. From the information provided by the prospective juror of his theft convi... | ). See also Blue v. State, 41 S.W.3d 129, 131 | 4 |
1,697 | [
"Your challenge is to complete the excerpt from a US court opinion:\nof the facts and the law. See Ex parte Kunkle, 852 S.W.2d 499, 506 (Tex.Crim.App.1993). Unlike Burger and Ex parte Kunkle, in this case, based on Durant’s own testimony that he made no investigation into potential witnesses, no such investigation ... | ); Glenn v. Tate, 71 F.3d 1204, 1207 (6 th | 1 |
1,698 | [
"In the context of a US court opinion, complete the following excerpt:\noutbreak of gout, a chronic condition from which he suffered, and that this was the cause both of the pain he was experiencing and his difficulty in putting weight on the leg. At most, prior to the day of his release, a reasonable jury could on... | ) (emphasis supplied); Kaminsky v. Rosenblum, | 0 |
1,699 | [
"Provide the missing portion of the US court opinion excerpt:\njurisdiction to arbitrate the dispute because neither Fall Grain nor Agriservices was a member of the NGFA at the time the contracts were entered. This argument fares no better than the argument made in Argiris. There is nothing in the language of the N... | ). There is no factual dispute that The | 4 |
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