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3,200
[ "Complete the following excerpt from a US court opinion:\nhappened,” and that “[i]f a plaintiff alleges multiple discriminatory acts, each individual act ordinarily triggers a new clock for filing charges alleging that act” (alterations and internal quotation marks omitted)), adopted by 2012 WL 4364492 (S.D.N.Y. Se...
). Second, it is unclear when the statute of
2
3,201
[ "Complete the following excerpt from a US court opinion:\nisolated investigation reveals relatively little about the conduct of the Air Force as an agency. Given this, and given Major Bux-ton’s strong privacy interests in her personnel files, it is clear that even under the more exacting standard of § 552(b)(6), di...
). 2 . Although the language of § 552(b)(7)(C)
0
3,202
[ "Your objective is to fill in the blank in the US court opinion excerpt:\ndictionary/seek (last visited March 27, 2017). Thus the Secretary’s only clear duty under section 7071(c) is to try to get the IMF to implement best practices for getting whistleblower retaliation claimants access to independent adjudicative ...
). Second, the Court does not doubt its
0
3,203
[ "Provide the missing portion of the US court opinion excerpt:\nfavor because the issue was never raised by either party. Pursuant to La. C.C.P. art. 862, the trial court “shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadi...
). The petition filed by the Hymans does not
4
3,204
[ "In the context of a US court opinion, complete the following excerpt:\nDamon Skaggs pleaded guilty to one count of conspiracy to manufacture, distribute and possess with intent to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), and 841(b)(1)(A) and 846. Applying the then-man...
), the district court erred in imposing Mr.
2
3,205
[ "Complete the following excerpt from a US court opinion:\nproceed, the parties agreed to seek further guidance from the family court. Husband sought that guidance, and Judge Cate provided it. The pricing scheme Judge Cate established did not conflict with the minimum listing price of $225,300 set by the divorce dec...
). IV. Remaining Issues Wife further argues the
2
3,206
[ "Please fill in the missing part of the US court opinion excerpt:\nof computer distributed ‘kiddie porn’.” (Press Release dated September 29, 1995, a part of Pit’s Ex. 6.) B. Second, Shasky’s efforts at rehabilitation have been extraordinary. United States v. Barton, 76 F.3d 499, 503 (2d Cir.1996) (stating that “[a...
). In this regard I have especially considered:
1
3,207
[ "Your task is to complete the following excerpt from a US court opinion:\nfrom the plaintiffs expert that the cost to replace the items taken from the facility “would have been nearly $300,000.” In addition, the jury cannot be faulted for using replacement cost as the measure of recovery. Evidence of the replacemen...
). A similar view can be reasonably taken of the
3
3,208
[ "Your objective is to fill in the blank in the US court opinion excerpt:\ncourt’s determination that Martinez suffered a 5-percent loss of earning capacity was clearly wrong because it was based upon an analysis which took into account Martinez’ preexisting condition. A preexisting condition cannot be considered in...
). This would entitle Martinez to be compensated
1
3,209
[ "In the context of a US court opinion, complete the following excerpt:\nof the United States, for or relating to any act under color of office or in the performance of his duties.... 28 U.S.C. § 1442. Thus, to invoke the federal officer removal statute, Thornburg must both act under an officer of the United States ...
). Thornburg, however, claims that he is
1
3,210
[ "Your challenge is to complete the excerpt from a US court opinion:\nhowever, imposed upon the police the duty to inform the juvenile of that right, and we cannot do so where the statute is silent. Hence, this case is very similar to K.M. v. State, 335 Ark. 85, 983 S.W.2d 93 (1998), where we recently held that a ju...
). For these reasons, we affirm the trial
3
3,211
[ "In the provided excerpt from a US court opinion, insert the missing content:\nviolating the First Amendment. Beyond their general reliance on R.A.V., the defendants are imprecise as to the specifics of their First Amendment contention. Nonetheless, we will briefly explain why the First Amendment does not bar their...
), cert. denied, 484 U.S. 860, 108 S.Ct. 173, 98
0
3,212
[ "Complete the following excerpt from a US court opinion:\nbecause it was not a manufacturer or seller of a product. The court disagrees. First, a finder of fact may determine that for all intents and purposes Deer Valley manufactured a ski equipment system for Ghionis consisting of skis, bindings and boots. To the ...
). Deer Valley’s reliance upon Conger v. Tel
0
3,213
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nreport constitutes an admission of a party-opponent, which is an exception to the hearsay rule. Snizaski counters that she offered the police accident report solely to establish the approximate time of the accident and, therefo...
); accord Harvey v. Doliner, 399 Pa. 356, 160
1
3,214
[ "In the context of a US court opinion, complete the following excerpt:\nsubject to court approval are binding before court approval. See In re Frye, 216 B.R. 166, 173-74 (Bankr. E.D.Va.1997). The Frye court explained that those courts that view such agreements as binding reason that contract formation and court app...
). But this split only addresses the parties’
4
3,215
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\n377 S.E.2d at 597. The defendant agreed that he could renew the motion if, as a result of jury voir dire, there was a problem. Id. Because the defendant never renewed the motion, we refused to consider his contention on appeal ...
). After voir dire was completed but before the
1
3,216
[ "Fill in the gap in the following US court opinion excerpt:\n“(I)ssue preclusion requires that the party against whom issue preclusion is asserted in the present action was a party or in privity with a party to the prior adjudication.” TLT Const. v. A. Anthony Tappe & Assoc., 48 Mass.App.Ct. 1, 5 (1999). M. and J. ...
). A “nonparty to a prior adjudication can be
0
3,217
[ "Your challenge is to complete the excerpt from a US court opinion:\nMalley v. Briggs, 475 U.S. 335, 344-45, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986); see also Orsatti v. New Jersey State Police, 71 F.3d 480, 483 (3d Cir.1995) (citing Malley and stating that police officer is entitled to qualified immunity where groun...
) (quoting Garrison v. Louisiana, 379 U.S. 64,
2
3,218
[ "Fill in the gap in the following US court opinion excerpt:\n. Appellants' own testimony at trial confirms that they experienced various health problems with the dairy herd in 2004, in addition to the unusual fluctuations in milk production which Appellants do not dispute. See supra note 6. We therefore accept the ...
). 14 . Even if we agree with Appellants that
4
3,219
[ "Provide the missing portion of the US court opinion excerpt:\nabout a rival anthropologist, are not reasonably interpreted as factual. 9. Made “Some Threat Against the Faculty” {37} The evidence Plaintiff cites for this alleged defamatory statement is Bernstein’s statement that “I believe there was something in th...
). {38} Even if actionable, there is
0
3,220
[ "Fill in the gap in the following US court opinion excerpt:\nand successive petitions under § 2254, as well as of the evolution of habeas law prior to' passage of the AEDPA, we answer this question in the affirmative. Our sister circuits have held that the denial of a first § 2254 petition for procedural default, w...
). Although these decisions predate the AEDPA
2
3,221
[ "In the context of a US court opinion, complete the following excerpt:\nv. BBC, Inc., 575 F.Supp. 1354, 1357 (S.D.Ohio 1983)). Here, Defendant contracted for employment with an Ohio corporation and performed duties on the corporation’s behalf inside and outside of the state. The status of Defendant as an employee r...
). Defendant established a significant ongoing
0
3,222
[ "In the provided excerpt from a US court opinion, insert the missing content:\nF.Supp.3d 700, 703, No. 3:14CV200 (JMM), 2014 WL 5088230, at *2 (M.D.Pa. Oct. 10, 2014) (“we hold that the TCPA can impose Lability directly or vicariously upon any person or entity on whose behalf a third party places a call in violatio...
). These courts have relied on multiple and
2
3,223
[ "Provide the missing portion of the US court opinion excerpt:\nthe evidence does not support the application of the exigent circumstances doctrine discussed in Herring. Nonetheless, the intrusion into the motel room was justified by the objective of law enforcement to detain, if not arrest, Wright and Powell for th...
). Therefore, I concur in upholding the trial
3
3,224
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nis a matter of consent between the parties, and one cannot be required to submit to arbitration a dispute which it has not agreed to submit to arbitration.”) (citation and internal quotation marks omitted). Here, the Service Ag...
). Although we rejected a similar argument in
2
3,225
[ "Complete the following passage from a US court opinion:\nwho are in the habit of making such judgments. Yet, the Supreme Court and Fourth Circuit have admonished hearing officers and reviewing courts alike when they substitute personal opinions or judgments as to proper educational policy, and best placements for ...
). Finally, the hearing officer’s conclusion
2
3,226
[ "Complete the following passage from a US court opinion:\nof tolling. Id. at 1474. Accordingly, the Court finds that federal law, not state law, governs whether the limitations period in this case was tolled; and § 657-13 does not operate to toll t rom other jurisdictions are sharply divided on this issue. One line...
). On the other hand, another line of eases
4
3,227
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nLaw § 3105 and breaches of warranties under N.Y. Insurance Law § 3106,” see Second Am. Compl. ¶ 78, now seeking as relief, not only the right to disclaim coverage for the Heschel incident but also to void the CGL and UMB policies ab initio “b...
). Nonetheless, concluding that the delay is
2
3,228
[ "Provide the missing portion of the US court opinion excerpt:\nto that before us. See, Mo. Ann. Stat. § 288.040 (Vernon Cum. Supp. 1996); N.H. Rev. Stat. Ann. § 282-A:14 (1987 & Cum. Supp. 1995); Ohio Rev. Code Ann. § 4141.31 (Anderson 1995); S.D. Codified Laws Ann. § 61-6-20 (1993); Tenn. Code Ann. § 50-7-303 (Sup...
); Mendez v. Southwest Com. Health Services, 104
4
3,229
[ "Fill in the gap in the following US court opinion excerpt:\nMillman v. Brinkley, 2004 WL 2284505, at *3 (N.D.Ga. Oct. 1, 2004) (appointing lead plaintiffs on the basis of: (1) continuous ownership of stock by the selected plaintiffs; (2) failure to file a verified complaint by another applicant for lead plaintiff;...
). If (counterfactually) King had brought his
4
3,230
[ "Fill in the gap in the following US court opinion excerpt:\n(Doc. 21 at p. 8 n.6 (citing Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114, 1158-59 (10th Cir.2013) (en banc) (Gorsuch, J., concurring)). In Hobby Lobby, three of the eight judges sitting on the en banc court determined the AIA is non-jurisdietional...
); Hobby Lobby, 723 F.3d at 1126 (the majority
0
3,231
[ "In the context of a US court opinion, complete the following excerpt:\n2d 353, 361 (1995). The term “wrongfully caused” refers to the point in time in which “the injured person becomes possessed of sufficient information concerning his injury and its cause to put a reasonable person on inquiry to determine whether...
); Fure, 64 Ill. App. 3d 259 (same).
4
3,232
[ "Complete the following excerpt from a US court opinion:\nwith the Canadian law governing the dispute.” Both of these concerns are overwrought. As the majority noted, where a foreign defendant is forced to litigate in the United States, “great care and reserve should be exercised before personal jurisdiction is exe...
); Aristech Chem. Int’l Ltd. v. Acrylic
4
3,233
[ "Provide the missing portion of the US court opinion excerpt:\nto cases brought under the APA, as the test was \"most usefully understood as a gloss on the meaning of § 702.” Clarke, 107 S.Ct. 758 n. 16. The Court did not purport to speak beyond cases brought under the \"generous review provisions\" of the APA, id....
); Water Transport Ass’n v. ICC, 819 F.2d 1189,
0
3,234
[ "Provide the missing portion of the US court opinion excerpt:\nthe issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.” Fed.R.Evid. 403. Regarding Defendant’s arguments that various statistical calculations should be held inadmissible under Rules 401, 402, or 403, t...
). To the extent that Defendant disagrees with
2
3,235
[ "In the provided excerpt from a US court opinion, insert the missing content:\nthat the trial court erred in listing McCracken on the verdict form so as to permit the jury to apportion fault between him and Rowell. We agree. Appellants correctly argue that McCracken’s act of committing suicide by jumping in front o...
); Jones v. Budget Rent-A-Car Sys., Inc., 723
3
3,236
[ "Complete the following passage from a US court opinion:\narising out of the same criminal episode for traveling to meet a minor under section 847.0135(4)(a), Florida Statutes (2013), and unlawful use of a two-way com-njunications device under section 934.215, Florida Statutes (2013), violate double jeopardy. Holt ...
); Mizner v. State, 154 So.3d 391, 399 (Fla. 2d
3
3,237
[ "In the context of a US court opinion, complete the following excerpt:\nis a necessary element of a computer-based corresponding structure. See WMS Gaming, 184 F.3d at 1349. The '930 Patent describes what result the A/D Converter and Microprocessor 24 in combination with the switch 28 accomplish, which is increasin...
); Gobeli Research Ltd. v. Apple Computer, Inc.,
2
3,238
[ "Your challenge is to complete the excerpt from a US court opinion:\nInc., 94 N.M. 59, 607 P.2d 597 (1980); Sanchez v. Bernalillo County, 57 N.M. 217, 257 P.2d 909 (1953). Moreover, our courts have held that the Workman’s Compensation Act is sui generis. It creates exclusive rights, remedies and procedures. Casias ...
); Hicks v. New Mexico Highway Comm., 88 N.M.
0
3,239
[ "In the provided excerpt from a US court opinion, insert the missing content:\nthe guideline offense level for a drug offense), he was a potential government witness at sentencing, and Cogswell did not know whether Lewis would be called to testify at sentencing. See United States v. McMinn, 103 F.3d 216, 218-19 (1s...
). Cogswell’s other contention — that 'the
2
3,240
[ "Complete the following passage from a US court opinion:\n537 A.2d at 615. In reviewing the appellants’ claim to a legitimate expectation of privacy in the apartment, this Court concluded that: [Wjhile appellants’ counsel’s assertion that the appellants were “invitees” did not constitute evidence, it was confirmato...
); Commonwealth v. Peterson, 408 Pa.Super. 22,
1
3,241
[ "Your task is to complete the following excerpt from a US court opinion:\ndefendant, it is a stretch to describe the jail mate's inquiries of the defendant as ‘government interrogation.' ”). In the present case, the government never asked Bender to embark on an open-ended fishing expedition in the D.C. Jail to coll...
) (quoting United States v. Henry, 447 U.S. 264,
2
3,242
[ "Please fill in the missing part of the US court opinion excerpt:\nfor an employer’s liability. An employer is directly liable for hostile environment sexual harassment if it knew, or upon reasonably diligent inquiry should have known, of the harassment and failed to take immediate and appropriate corrective action...
); Hicks v. Gates Rubber Co., 833 F.2d 1406,
0
3,243
[ "Fill in the gap in the following US court opinion excerpt:\ncategory of crimes involving moral turpitude rather than acts that are \"base, vile, or depraved.\" Id. 2 . The majority relies on Chen v. Mukasey, 524 F.3d 1028 (9th Cir.2008) and United States v. Macias-Valencia, 510 F.3d 1012 (9th Cir.2007) for the pri...
). Here, the Navarro-Lopez en banc panel
0
3,244
[ "Complete the following passage from a US court opinion:\ninto evidence true and accurate copies of the Note and Allonge. Petitioner asserts this evidence “plainly evidences the transfers” of the Note to Petitioner. We cannot agree. Under the UCC, as adopted by North Carolina, “[a]n instrument is transferred when i...
) In Connolly, determining who had possession of
4
3,245
[ "Fill in the gap in the following US court opinion excerpt:\nRather, the jury was restricted to answering three questions relating to intent, provocation and future dangerousness. Id. The Court found that Penry’s “mitigating evidence of mental retardation and childhood abuse ha[d] relevance to his moral culpability...
). When considering challenges for cause, a
2
3,246
[ "Complete the following passage from a US court opinion:\nreasonable regulations, to process for witnesses .... ” State v. Wilcox, 21 S.D. 532, 114 N.W. 687 (1908) (emphasis added). [¶ 17.] Crawford cites Washington v. Texas in support of his argument that his right to compulsory process was violated. 388 U.S. 14, ...
), petition for review denied, 464 So.2d 554
3
3,247
[ "In the provided excerpt from a US court opinion, insert the missing content:\nImmigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal and relief under the Convention Against Torture. We have jurisdiction pursuant to ...
). We also remand for consideration of pattern
3
3,248
[ "Complete the following passage from a US court opinion:\nwe give your treating source’s opinion.”). Dr. DePhillips concluded that Ulloa should be restricted from prolonged sitting or standing and from lifting more than ten pounds. (R. 105-106). Dr. Segura instructed him to keep his trunk straight and not bend forw...
). On remand, the ALJ must reevaluate whether
4
3,249
[ "Your challenge is to complete the excerpt from a US court opinion:\nspecify a sentence to a term of imprisonment at or near the maximum term authorized.” See 28 U.S.C.A. § 994(h) (West Supp.1992). The career offender scheme of using a defendant’s criminal record in considering both his offense level and his crimin...
). Defendant’s equal protection claim is equally
3
3,250
[ "Fill in the gap in the following US court opinion excerpt:\nSilverman, No. Civ.00-2274 JRT, 2004 WL 2066778, *4 (D.Minn. Aug. 26, 2004) (finding any award of fees was “clearly inappropriate,” because the respondent was “unable to absorb the necessarily minimal expenses for her family in addition to any fee award, ...
), I conclude that it is “clearly inappropriate”
4
3,251
[ "Your task is to complete the following excerpt from a US court opinion:\noil transactions do not negate good faith. Regardless of any alleged ulterior motive to the transactions, the Downstream Purchasers were legally bound to pay for the oil purchased from the Debtors on the 20th of the following month pursuant t...
). Accordingly, the Court finds that there is no
3
3,252
[ "In the provided excerpt from a US court opinion, insert the missing content:\nin its discretion may allow the recovery of full costs by or against any party.... Except as otherwise provided by this title, the court may also award a reasonable attorney’s fee to the prevailing party as part of the cost. 17 U.S.C. § ...
)); see also Quinn v. City of Detroit, 23
2
3,253
[ "Fill in the gap in the following US court opinion excerpt:\nAppellant's interpretation of the CDCA unlicensed lenders, like Appellant, would be permitted to charge exorbitant fees, while at the same time lenders licensed under the CDCA are limited to charges of $50 annually. See 7 P.S. § 6217.l.D. The Department a...
). Pennsylvania courts have consistently held
2
3,254
[ "Your task is to complete the following excerpt from a US court opinion:\nbecause the notice of appeal mentioned both the district court’s decision to dismiss Plaintiffs action and the district court’s decision denying Plaintiffs Fed.R.Civ.P. 59(e) motion for relief from that decision, we have jurisdiction to revie...
); see also Stouffer v. Reynolds, 168 F.3d 1155,
1
3,255
[ "In the provided excerpt from a US court opinion, insert the missing content:\nagreement. Where, as here, the Offer Letter specifies benefits payable on discharge, the employee is entitled to those benefits if the termination amounts to a constructive discharge. See Robinson v. Kingston Hosp., 55 A.D.3d 1121, 1122,...
); accord Morris v. Schroder Capital Mgmt.
1
3,256
[ "Your objective is to fill in the blank in the US court opinion excerpt:\n624 F.Supp.2d 933 (N.D.Ill.2009). 17 . Smith v. United States, 558 A.2d 312, 319 (D.C.1989). 18 . Sennett argues that there was no probable cause to believe that she was guilty of conspiracy or aiding and abetting because the record does not ...
) (quoting Curley v. Village of Suffern, 268
4
3,257
[ "Please fill in the missing part of the US court opinion excerpt:\n125 (2d Cir.2006), no reasonable fact-finder would have been compelled to credit the explanation he offered, see Majidi v. Gonzales, 430 F.3d 77, 80-81 (2d Cir.2005). These inconsistencies went to the heart of Petitioner’s claim as they related to t...
). We decline to consider Petitioner’s challenge
0
3,258
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nof a new or different offense to a petition if the motion to amend is made before the adjudicatory hearing begins.” Rule 10-103 committee commentary (emphasis added). Thus, the rule contains no authority to amend the charging d...
). {10} Any addition of new criminal charges not
4
3,259
[ "Complete the following passage from a US court opinion:\nM.R. Evid. 403, see State v. Allen, 2006 ME 21, ¶9 n. 3, 892 A.2d 456, 458-59 (admission of a photograph over a Rule 403 objection); or (3) denying Keene’s oral motion for a change of venue, see State v. Saucier, 2001 ME 107, ¶ 14, 776 A.2d 621, 626 (denial ...
). 3 .Keene’s account of the events in the alley
0
3,260
[ "Provide the missing portion of the US court opinion excerpt:\nthe warrant. Rather, according to the trial court, the express terms of the warrant \"through inadvertence” did not permit as extensive a search as was actually conducted. Thus, it appears the actual basis for the trial court's ruling was that the searc...
); L & M Corp. v. Loader, 688 P.2d 448, 449-50
3
3,261
[ "Complete the following excerpt from a US court opinion:\navailable only if the violation of state law “raises federal constitutional problems.” Wilcox v. Ford, 813 F.2d 1140, 1145 n.7 (11th Cir.1987). Thus, whether or not the state court erred under Alabama law in its rulings at Davis’ trial is “largely beside the...
). A. Davis’Sentence of Death This case no
0
3,262
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nand, given the absence of contrary law in the First Circuit, this Court concludes that the award of $8,000 of Wife’s pension to Husband did not create a dischargeable debt. It is both equitable and in conformance with the clear majority rule,...
), Hall v. Hall, 51 B.R. 1002 (S.D.Ga.1985)
4
3,263
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nthat refusal may be admissible in a subsequent prosecution; (2) if the person refuses to submit to the taking of the specimen, the person’s license to operate a motor vehicle will be automatically suspended, whether or not the ...
). It is, however, a factor to consider.
3
3,264
[ "Complete the following passage from a US court opinion:\nand stating that the six tests in Baker v. Carr were “probably listed in descending order of both importance and certainty”). 171 . TEX. CONST. art. VII, § 1. 172 . 369 U.S. at 210, 82 S.Ct. 691 (\"The non-justiciability of a political question is primarily ...
). 182 . Ex parte James, 836 So.2d 813
1
3,265
[ "Please fill in the missing part of the US court opinion excerpt:\nforming his opinion as to the risk of infection, he assumed that Mr. Jones and Ms. Zhong had sex two to three times per week, contrary to Ms. Zhong’s record testimony that she and Mr. Jones had sex about once a week. Furthermore, the government pres...
). The District Court’s analysis and findings as
2
3,266
[ "Please fill in the missing part of the US court opinion excerpt:\ntouch a minor constituted a violent act, the State could not demonstrate a prima facie case that defendant violated an “express” probation condition, and the VOP conviction cannot stand. See State v. Austin, 165 Vt. at 398, 685 A.2d at 1082. ¶ 17. O...
); Sanville, 2011 VT 34, ¶ 12 (holding that
0
3,267
[ "Your task is to complete the following excerpt from a US court opinion:\nConst. art.I, art. II. Extraterritorial tax enforcement directly implicates relations between the United States and other sovereign nations. See Attorney General of Canada, 268 F.3d at 114. As the Second Circuit stated: When a foreign nation ...
); United States v. Boots, 80 F.3d 580, 587 (1st
4
3,268
[ "Your task is to complete the following excerpt from a US court opinion:\n.... warrants [the equipment], for a period of six months, from the date of delivery .... ” See Carruthers Out-of-Pocket Expense Aff., Ex. D (“Electric Mobility Limited Warranty”)(emphasis added). The plain language of the Limited Warranty th...
). The Defendants’ analysis conflicts with the
4
3,269
[ "Complete the following passage from a US court opinion:\nthat the Court should summarily dismiss the Applications. ' In its Amended Application WTC states that, because it was not a retained professional in the bankruptcy case, its “claim [based on the Indenture] would not normally involve the specificity required...
). 1. Section 503(b)(1) The bulk of WTC’s
3
3,270
[ "Complete the following excerpt from a US court opinion:\neither that there was an attorney-client relationship between Coffey and TADA members or that the communications sent to TADA members were kept confidential. To invoke the attorney-client privilege, Defendants must show that the asserted holders of the privi...
) (citing United States v. American Radiator &
4
3,271
[ "Please fill in the missing part of the US court opinion excerpt:\nCounty had a duty to warn the Osborns under the rescue doctrine because Dracobly assured Wiseman he would post flyers, failed to post flyers, and discouraged Wiseman from posting flyers. Id. In other words, it held Mason County had a duty to warn th...
); Thompson v. County of Alameda, 27 Cal. 3d
1
3,272
[ "Complete the following passage from a US court opinion:\n§ 1252(a)(1). Although the jurisdictional statute strips us of jurisdiction over \"any judgment regarding the granting of relief under section ... 1229b,\" 8 U.S.C. § 1252(a)(2)(B)(i), we have interpreted that provision to apply only to discretionary aspects...
). Moreover, even if Shah could raise his
0
3,273
[ "Complete the following passage from a US court opinion:\nreasonably trustworthy information would lead a man of reasonable caution and prudence to believe that he will find the instrumentality of a crime or evidence pertaining to a crime.” Moulden v. State, 576 S.W.2d 817, 819 (Tex.Crim.App. [Panel Op.] 1978) (quo...
)). Moreover, in Jordan v. State, the Court of
0
3,274
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\na result of discriminatory and retaliatory animus. The District Court granted summary judgment to NASA, in part because the white co-worker Nurriddin offered as an alleged comparator was not sufficiently similarly situated. Nur...
); see also Brady, 520 F.3d at 494 n. 2 (“[T]o
0
3,275
[ "Provide the missing portion of the US court opinion excerpt:\nthe holding in Waugh); Lichter v. Internal Revenue Serv. (In re Lichter), 1999 Bankr.Lexis 1904, *12 (Bankr.D.Md. 1999) (“This court agrees with the majority conclusion as expressed in Waugh.”). See, e.g., In re Steinhaus, 349 B.R. 694, 705 (Bankr.D.Ida...
); Woloshin, Tenenbaum and Natalie, P.A. v.
4
3,276
[ "Provide the missing portion of the US court opinion excerpt:\ncertain third class cities, a person appointed to be the chief of police must have been a member of the police, department. The Union concedes that the City of Terre Haute is a second class city, not a third class city. The fact that Ind.Code § 19 — 1— ...
), modified on reh’g on other grounds by 428
1
3,277
[ "Your challenge is to complete the excerpt from a US court opinion:\nNinth Circuit held that HCFA’s letter authorizes the continued application of the Boren Amendment standards, see 188 F.3d at 1095, and implicitly concluded that private parties may enforce the HCFA letter in a § 1983 action. We respectfully disagr...
). Thus, HCMF’s claim is not cognizable
3
3,278
[ "Your challenge is to complete the excerpt from a US court opinion:\ncannot serve as an excuse for a violation of Fed. R. Civ. 45(b)(1). For these reasons, we find that the district court had a reasonable basis to conclude that Butler violated MRPC 8.4(g). C Allegation of Bias Butler also argues that the “court was...
). On the contrary, our review discloses a
2
3,279
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nbe an incorrect or negligent medical judgment, but that alone does not give rise to deliberate indifference. See White, 897 F.2d at 108-09 (“Mere medical malpractice cannot give rise to a violation of the Eighth Amendment.”); Rouse, 182 F.3d ...
); Chimenti v. Kimber, 133 Fed.Appx. 833, 836
2
3,280
[ "Complete the following passage from a US court opinion:\n2002) (\"Because it is summary in nature, a Section 225 proceeding is limited to those issues that must necessarily be considered in order to resolve a disputed corporate election process.”); Arbitrium (Cayman Islands) Handels AG v. Johnston, 1997 WL 589030,...
). 84 . Arbitrium, 1997 WL 589030, at *4. 85 .
4
3,281
[ "In the context of a US court opinion, complete the following excerpt:\nsee EEOC v. New York City Health and Hosps. Corp., 1994 WL 68420, at *5 (S.D.N.Y. Mar. 2, 1994) (EEOC conciliation efforts toll limitations period), Plaintiffs’ one-year period within which to apply for leave to file late notice of claim under ...
); Slootskin v. John Brown Eng’g and Constr.
3
3,282
[ "In the context of a US court opinion, complete the following excerpt:\nthe required analysis to determine whether the exclusionary rule should apply. On appeal, although our review of the available facts might lead us to reach the same ultimate decision to suppress the evidence, we are not in a position to reach o...
); United States v. Dale, 991 F.2d 819, 846
0
3,283
[ "Complete the following excerpt from a US court opinion:\nrecovery of those litigation expenses. We disagree. “Mandamus is an extraordinary remedy. One petitioning for the writ of mandamus must show ‘(1) a clear legal right ... to the order sought; (2) an imperative duty upon the respondent to perform, accompanied ...
). In the second appeals, the circuit court
0
3,284
[ "Your challenge is to complete the excerpt from a US court opinion:\ndiversity between adverse parties that arises from a single accident.\" 28 U.S.C. § 1441(e)(1)(A) permits removal of a civil action to a federal district court if \"the action could have been brought in a United States district court under 1369 of...
); see also Will v. Mich. Dep’t of State Police,
0
3,285
[ "Your task is to complete the following excerpt from a US court opinion:\nto its property interest in federal Medicaid and Medicare funds and injury to its liberty interest in its reputation. Id. at 1139, 1142. The court found that an informal administrative hearing held prior to the reimbursement ban satisfied due...
), appeal dismissed, 134 F.3d 1218 (4th
3
3,286
[ "Complete the following passage from a US court opinion:\nof public concern is Gardetto’s public support of the three non-incumbent candidates for positions on EWC’s board of trustees. One of the primary functions of a L.Ed.2d 201 (1992). Thus, we hold that Gardetto’s endorsement of the three insurgent candidates f...
); Conaway, 853 F.2d at 796-97 (holding that a
0
3,287
[ "Your challenge is to complete the excerpt from a US court opinion:\nhowever, is inapposite to the present case. In contrast to this ease, in Short the Claims Court found jurisdiction under the Tucker Act, 28 U.S.C. § 1491, not the Indian Tucker Act, 28 U.S.C. § 1505. See Short, 12 Cl.Ct. at 40 (“[Plaintiffs are su...
). What is more, plaintiffs assert a collective
1
3,288
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nfrom admitting a criminal defendant’s pre-arrest, pre-Miranda silence as substantive evidence of guilt. See Coppola v. Powell, 878 F.2d 1562, 1568 (1st Cir.1989); Combs v. Coyle, 205 F.3d 269, 283-84 (6th Cir.2000); United States ex rel. Savo...
). The Fourth, Eighth, and Eleventh Circuits
3
3,289
[ "Complete the following passage from a US court opinion:\nLetter are final orders relating to “aviation duties and powers,” § 46110 preempts the district court from considering these claims. But if they are not final, then the Administrative Procedure Act (“APA”) bars the district court from hearing the case for la...
). As a result of the finality conundrum, the
3
3,290
[ "Provide the missing portion of the US court opinion excerpt:\nwas sufficiently included in the requested property division, Kelly does not contend that a request for property division is sufficient to provide notice that she sought payment of spousal maintenance following the property division. Outside the default...
); Bufkin v. Bufkin, 259 S.W.3d 343, 358
0
3,291
[ "Fill in the gap in the following US court opinion excerpt:\nStates, 286 U.S. 427, 433, 52 S.Ct. 607, 76 L.Ed. 1204 (1932) (noting the presumption that “identical words used in different parts of the same act are intended to have the same meaning”). We have not previously decided whether, under this prior version o...
); Torres v. S. Peru Copper Corp., 113 F.3d 540,
4
3,292
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nnot present during the above-referenced proceedings. The speakers are identified based upon representations made by others.” But regardless of the authenticity of this transcript, the Estate submits it for the first time on app...
); Ga. Farm Bureau Mut. Ins. Co. v. Shook, 215
4
3,293
[ "Complete the following passage from a US court opinion:\nin the equipment; (4) Segundo did not assist Monson in retrieving the equipment from law enforcement; and (5) Segundo did not adequately protect its collateral. But these excuses do not make Monson’s own conduct any less willful or malicious. The collapse of...
); Ikner, 883 F.2d at 987-91 (affirming the
1
3,294
[ "Provide the missing portion of the US court opinion excerpt:\nWhile McIntyre appears to have applied strict scrutiny, this Court does not find that the result differs under the exacting scrutiny standard. Simply stated, the inherent worth of speech in terms of its capacity to inform the public does not depend upon...
). As highlighted in Swaffer, the only notable
0
3,295
[ "In the provided excerpt from a US court opinion, insert the missing content:\nit does not necessarily follow that the threat-of-death enhancement would be grafted onto all crimes covered by § 2B3.1. Furthermore, a reading of the statute under which Jennings was indicted and convicted x-eveals that the threat-of-de...
); United States v. Bingham, 628 F.2d 548, 549
1
3,296
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nis not sufficient to bar a retrial. Lewis has received one of the remedies that Brady envisions, a new trial. The prosecution’s alleged Brady violations in this case simply do not implicate the Double Jeopardy Clause or otherwi...
). 2 . Lanier involved a defendant, state judge
0
3,297
[ "In the context of a US court opinion, complete the following excerpt:\nrights as a tax hen. See 18 U.S.C. § 3613(c); Hosking, 567 F.3d at 335. And whether or not Lestina is in a position to advocate for her husband (who did not try to appear in the district court as an interested party, see United States v. Kollin...
). As Lestina’s own reporting reveals, this
3
3,298
[ "Complete the following excerpt from a US court opinion:\ninfluence of sympathy,” because the claim was raised on federal habeas and a ruling for the petitioner would constitute a “new rule” of constitutional law); Boyde v. California, 494 U. S. 370 (1990) (upholding death sentence where jurors reasonably may have ...
); Lewis v. Jeffers, 497 U. S. 764 (1990)
1
3,299
[ "In the provided excerpt from a US court opinion, insert the missing content:\nunfair, or improper means; and (iv) the defendants’ acts injured the relationship.” Scutti Enters., LLC. v. Park Place Entm’t Corp., 322 F.3d 211, 215 (2d Cir.2003). Counterclaim 4 simply recites the elements of a claim for tortious inte...
). To survive a motion to dismiss, a pleading
1