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Read the following excerpt from a US court opinion:
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The relevant question at the motion-to-dismiss stage is not whether Plaintiffs have alleged an exact sum of money in their complaint. Indeed, the case primarily relied upon by Defendants shows that alleging an exact sum of money is not itself enough to support a c... | C | casehold |
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strike defendant's arguments in this regard. Plaintiff's motion to strike is denied. 5 . The asserted independent claims are 30, 102, 317, 414 and the asserted dependent claims are 31, 34, 106, 122, 324, 343, 416, and 422. 6 . Defendant provides similar comparison... | C | casehold |
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agent” that has been designated by the plaintiffs to appoint licensees of their merchandise, and receives a royalty for the licensing fees that are generated. The only exceptions to CLC’s exclusive agency designations are for certain non-retail sales such as “univ... | B | casehold |
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basis, but displayed poor focus, grandiosity and religiosity, id. at 448, and appeared to display disorganized thought pattern and loose associations, id. at 449. The ALJ explained that he gave very little weight to Dr. Johnson-Miller’s evidence because it was qui... | E | casehold |
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a witness to answer questions must be obeyed, and a failure to obey such order subjects the witness to a contempt citation, even if the order was erroneous or improvident.” Minnesota State Bar Ass’n v. Divorce Assistance Ass’n, Inc., 311 Minn. 276, 283, 248 N.W.2d... | A | casehold |
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Commission. 6 James v. Jane was decided June 6, 1980. The trial court announced its decision in the present case on June 9, 1980. It does not appear that our decision was called to the trial court’s attention. 7 On the same day we decided James v. Jane, we also de... | D | casehold |
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of unconscionability based upon the UCC is preempted by § 301 of the LMRA. In Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985), the Supreme Court held that the policies underlying § 301 “require that the relationships created by a... | A | casehold |
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of his codefendants, we conclude that Pedraza’s sufficiency challenge is also without merit. Gonzalez identified Pedraza as one of the men who converged at Shorty Pedraza’s home and helped unload the marijuana from Garcia’s trailer. Gonzalez also testified that Pe... | C | casehold |
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most likely would have found no structural error. 4 . Of course, in an absence of counsel case, to determine that structural error has occurred it may be necessary for a court to find facts related to whether counsel was absent and whether inculpatory evidence was... | A | casehold |
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allowing other claimants to potentially receive a distribution from the overpayment refund. The court therefore concludes that the Applicant’s request for an administrative expense was timely. C. The Right to Payment Although the Applicant has been awarded compens... | C | casehold |
Read the following excerpt from a US court opinion:
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CURIAM. Affirmed. See Almond v. State, 89 So.3d 1056, 1058 (Fla. 2d DCA 2012) ; Moore v. State, 880 So.2d 826, 828-29 (Fla.
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What is the most suitable continuation to the opinion? Your options are:
A. holding that a conviction and sentence for a predicate offen... | B | casehold |
Read the following excerpt from a US court opinion:
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6 . The appellant raises the following AOEs: 1) The guilty findings for all child pornography offenses are legally insufficient because the Government failed to introduce evidence that 18 U.S.C. § 2252A existed at the time of the appellant’s offenses; 2) The speci... | C | casehold |
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concept of implied-consent laws that impose civil penalties and eviden-tiary consequences on motorists who refuse to comply . .. and nothing we say here should be read to cast doubt on them."). 14 4 Wayne R. LaFave et al., Search & Seizure: A Treatise on the Fourt... | C | casehold |
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also raised usury as a defense, arguing that requiring the Borschows to promise to pay Eureka’s ac count with BI in order to get the new terms to retire the January 2007 note constituted usury. However, this defense was not raised in Defendants’ Answer to the Comp... | B | casehold |
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a specific duty to cooperate with BRA’s investigation, intentionally and without sufficient excuse. “Given that [BRA] bore the burden of proving misconduct of either kind, we see no need to reopen the hearing, thereby giving the employer a second bite at the prove... | A | casehold |
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of the debtor” to “an interest of the debtor in property,” but the Supreme Court stated that, because this alteration was a “clarifying change,” the older language and the newer language are “coextensive.” Id. at 59 n. 3, 110 S.Ct. at 2263 n. 3. In Nordberg v. San... | A | casehold |
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any time, including within one year of the purchase. Contrary to plaintiffs' assertion, there is no evidence that Father and the Company agreed that he would hold legal title "indefinitely.” Rather, all evidence suggests that this issue simply fell through the pro... | E | casehold |
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purposes of setting alimony award); Steiner v. Steiner, 788 So 2d 771, 778 (Miss 2001) (same); Holmes v. Holmes, 7 Va App 472, 485, 375 SE2d 387, 395 (1988) (same); Weberg v. Weberg, 158 Wis 2d 540, 544-45,463 NW2d 382, 384 (Ct App 1990) (same); see also Clauson v... | E | casehold |
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plaintiffs’ expert report was deficient as to Agrawal, the court ultimately held that the trial court did not err in dismissing the claims against the association. Id. at 843. Thus, although the Kettle court appears to conclude that an expert report is required wh... | C | casehold |
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— and that he once agreed to store some cocaine. Because Landrau was charged with conspiracy to knowingly possess cocaine with the intent to distribute it, and because he defended by claiming ignorance of the cocaine, Landrau’s reading of the Rule 404(b) exception... | A | casehold |
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immunity insulates the State and its agencies from liability based on vague or principled notions [of government responsibility].” Id. at 574, 746 S.E.2d at 565. 34 . Respondent urges that J.H. v. West Virginia Div. of Rehabilitation Svcs., 224 W.Va. 147, 680 S.E.... | C | casehold |
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States, 781 F.2d 752, 754 (9th Cir.1986), we affirmed dismissal of a suit alleging negligent inspection of a cargo compartment in the aircraft certification process. We emphasized that “[although Varig involved an alleged negligent failure to inspect, the Supreme ... | C | casehold |
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193 (1942) (permanent or indefinite employment); Miller v. Riata Cadillac Co., 517 S.W.2d 773 (Tex. 1974) (indefinite employment); Cooper v. Vitraco, Inc., 320 F.Supp. 239 (D.V.I. 1970) (Virgin Islands law) (lifetime employment); Silverman v. Bemot, 218 Va. 650, 2... | E | casehold |
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Before trial, defendant objected to the state’s proposed use of Wilcox’s testimony to demonstrate that defendant’s physical condition corroborated the BAC test result. The trial court ruled before trial that the testimony was admissible. At trial, the prosecutor a... | B | casehold |
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the zipper missing at the crotch.” Docket # 65 at 17. At the end of the day, the Court commented to defense counsel, ‘You will deal with the clothing issue, so I won’t have to hear about that tomorrow morning?” T.217. Counsel replied that he would do so. Thus, Van... | C | casehold |
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in the manner described, it shall set forth its reasons in a supporting memorandum by March 21, 2008, to which the Bank and/or IRS may respond by April 4, 2008. If — given the particular facts of this case — DOR is content to abide by the court’s ruling, it shall ... | C | casehold |
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... the school’s administration refused to take action”; (4) “[h]e continued to experience discrimination following his graduation from college”; and (5) “he was denied employment on account of his religious affiliation.” Based on these incidents, the BIA found th... | E | casehold |
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training on the use of force demonstrate that at the time of Sample’s shooting, there was a clearly established constitutional right for a suspect to be free from deadly force except where the suspect poses an imminent or immediate threat either to officers or oth... | B | casehold |
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original; citation and internal quotation marks omitted). All reasonable inferences from the evidence presented at trial must be drawn in favor of the Government. Id. First, Wagner argues that the Government failed to prove the existence of a RICO enterprise becau... | A | casehold |
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Robideau intended D.C. to find his mother’s dead body. II. Was there sufficient notice of this reason for departure? The prosecution is required to notify the defendant of its intent to seek an upward departure. Minn.Stat. § 244.10, subd. 4 (2010); Minn. R.Crim. P... | A | casehold |
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366 F.3d at 150; see also Terry v. Ashcroft, 336 F.3d 128, 147 (2d Cir.2003). Although the Second Circuit has held that there is no “magic” threshold number of harassing incidents that are required, as a matter of law, to state a claim, see Richardson, 180 F.3d at... | A | casehold |
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J. Appellants, Eric Russell Lewis and Mary Loughran Lewis (the Lewises) were injured when the car in which they were riding was struck by a vehicle which was being chased by appellee, Officer Robert Epstein (Epstein). Epstein was employed by appellee, The Seminole... | E | casehold |
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of limitations and granted the defendants’ motions for summary judgment. See Bi-beau, 980 F.Supp. at 358. II Bibeau claims he was the victim of a conspiracy to fraudulently induce him to participate in the experiments, and that he was lied to about the possible si... | B | casehold |
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to alter its decision denying the petition for rehearing or substituting the opinion. This Court granted Shirley’s petition for a writ of certiorari to review the decision of the Court of Appeals. II. Standard of Review Declaratory judgments are neither legal nor ... | A | casehold |
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v. Sea Ray Boats, Inc., 830 P.2d 236, 240 (Utah 1992). In addition, the plaintiff must experience either physical or mental symptoms as a result of the incident. Hansen v. Mountain Fuel Supply Co., 858 P.2d 970, 974-75 (Utah 1993). The undisputed facts demonstrate... | C | casehold |
Read the following excerpt from a US court opinion:
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inference of fraud or it will not satisfy even a relaxed pleading standard’ and it must also ‘allege that the necessary information lies within the defendant’s control, and then allegations must be accompanied by a statement of facts upon which allegations are bas... | E | casehold |
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of damage ... is satisfied by ... proof of some damage flowing from the unlawful conspiracy; inquiry beyond this minimum point goes only to the amount and not the fact of damage” (emphasis added)). In sum, Dr. Beyer’s declaration provides a reasonable basis and a ... | E | casehold |
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see also Wis. Stat. § 273.06 (1935). ¶ 36. The language that remained after the legislature amended Wis. Stat. § 273.06 (1933) is identical to the language contained in § 816.06 (2007-08). See Wis. Stat. § 273.06 (1935). Therefore, since 1935, Wisconsin's suppleme... | B | casehold |
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invoked to artificially limit a trial court’s examination of the factors necessary to a reasoned determination of whether a plaintiff has met her burden of establishing each of the Rule 23 class action requirements.” Castano, 84 F.3d at 744 n. 17 (quoting Love v. ... | C | casehold |
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regulations”); Marotta, 214 So.3d at 599, 2017 WL 1282111, at *7 (“Thus, Congress clearly intended to ‘protect the national economy from the burden imposed by diverse, nonuniform, and confusing cigarette labeling and advertising regulations,’ but did not clearly i... | C | casehold |
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the defendant did not know the nature of the act; (2) even if the defendant did, the defendant did not understand that the act was wrong; and (3) the defendant’s failure to know the nature of the act or that it was wrong was the result of a defect of reason caused... | D | casehold |
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Szpunar next argues that Indiana Code section 23-2-1-3 is unconstitutionally vague because it does not specifically define the term security. He contends that application of the statute in this case is void for vagueness because it " 'fails to give a person of ord... | E | casehold |
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the right to tell a Labor Ready employee not to return to the shipyard if they were unsatisfied with the employee’s job performance. Although Lomeli speculated that he would follow Labor Ready’s instructions if they conflicted with Southwest’s instructions, he pre... | C | casehold |
Read the following excerpt from a US court opinion:
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the extent they have been named in their individual capacities. With regard to that claim, the Court will proceed to consider the Defendants’ Motion for Summary Judgment and the Plaintiffs Motion to Strike. II. Defendants’ Motion for Summary Judgment (Doc. # s 19 ... | E | casehold |
Read the following excerpt from a US court opinion:
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court is without jurisdiction to hear the claim until administrative review is complete. See Shalala v. Illinois Council on Long Term Care, Inc., — U.S. -, 120 S.Ct. 1084, 1089, 146 L.Ed.2d 1 (2000); Thunder Basin Coal Co., 510 U.S. at 202, 207, 218, 114 S.Ct. 771... | A | casehold |
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We will affirm summary judgment if it is correct for any reason. City of Tempe v. Outdoor Sys., Inc., 201 Ariz. 106, 111, ¶ 14, 32 P.3d 31, 36 (App.2001). ¶4 Newman asserts that the trial court erred in entering summary judgment for Cornerstone. She argues that to... | E | casehold |
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it because Grilauskaite failed to exhaust her administrative remedies. 8 U.S.C. § 1252(d) (“A court may review a final order of removal only if—(1) the alien has exhausted all administrative remedies available to the alien as of right.”); Zara v. Ashcroft, 383 F.3... | A | casehold |
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indicated that he was pressured into pleading guilty. Movant stated to the plea court that he had spoken with his counsel enough to know whether he wanted to plead guilty, his decision to plead guilty was of his own free will, and nobody threatened him to do so. A... | C | casehold |
Read the following excerpt from a US court opinion:
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for COA purposes, Gutierrez has not adequately shown pursuant t ns, Gutierrez claimed Harrell made a material misrepresentation when she stated: in the jury questionnaire, that she had never been charged, or arrested, with theft or shoplifting; and, during voir di... | D | casehold |
Read the following excerpt from a US court opinion:
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specific content of Karl’s testimony independently exposed potential government wrongdoing or even “whether it had an impact on the result” of Wender’s litigation. Robinson, 566 F.3d at 823. Finally, we see no material distinction between subpoenaed deposition tes... | B | casehold |
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2145, 165 L.Ed.2d 92 (2006) (noting that SLUSA “does not itself displace state law with federal law but mak urt observed, the complaints alleged that “the false promise of best execution .,. induce[d] [Plaintiffs] to purchase or sell securities through Schwab for ... | A | casehold |
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used in practice”). Further, the district court’s reliance on the testimony of MEEI’s patent law expert to support its conclusion that Dr. Levy made a significant contribution is misplaced. The patent law expert testified that a proposed experiment to test 200 mW/... | D | casehold |
Read the following excerpt from a US court opinion:
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husband for wrongful death and also asserted causes of action against the insurance company for bad faith and misrepresentation based on its refusal to properly settle her claim. Id. at ¶ 5. ¶ 13 In Speiry, we determined that the plaintiffs “wrongful death claim [... | C | casehold |
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Supreme Court cases narrowing general jurisdiction’s scope. See Daimler, 134 S.Ct. at 761; Goodyear, 564 U.S. at 919, 131 S.Ct. 2846. But Gorman’s reasoning remains valid as applied to specific jurisdiction, so long as that the cause of action "arises out of” Dist... | E | casehold |
Read the following excerpt from a US court opinion:
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was 14 days, but that she advised 59, at 93,858, 1985 WL 17668 (finding breach was not material where contractor did not pursue payment or assert any urgency). 2. Retainages and Withholdings a. Retainages for Lack of Progress The court also finds that the FBOP’s p... | B | casehold |
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59.27(4). Again, in an effort to ascertain the scope of Sheriff Clarke's constitutional authority, our inquiry focuses on the nature of the task involved, as opposed to Sheriff Clarke's general power of appointment or his ability to assign a task. See Kocken, 301 ... | E | casehold |
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the Twenty-first Amendment, which concerns alcoholic beverages, provides: “The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is her... | B | casehold |
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testimony of various witnesses. We have examined those portions of the record, and we have determined that Culver failed to object to the testimony that adult magazines were found in the attic and placed on K.W.’s bed for the photographs (R. 932, 1173-74) and that... | E | casehold |
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450 (Ala.Civ.App.2006), this court issued a writ of mandamus instructing the trial court to vacate its order granting leave for Envision to amend its pleadings in the case to add a new counterclaim, reasoning that “[t]he philosophy favoring finality of judgments d... | B | casehold |
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Supreme Court determined that the "no set of facts" language set forth in Conley, 355 U.S. at 45, 78 S.Ct. 99, "has earned its retirement,” Bell Atl. Corp., 127 S.Ct. at 1969. 23 . The decision in Bannum was based upon RCFC 56.1, which was abrogated and replaced b... | E | casehold |
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any event, the Government’s failures occurred after plaintiff failed to act with reasonable diligence to preserve her rights. This is an important distinction. Had plaintiff acted within a reasonable time period to exhaust her administrative remedies, the Governme... | E | casehold |
Read the following excerpt from a US court opinion:
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” Id. (quoting Mennonite Bd. of Missions v. Adams, 462 U.S. 791, 798 n. 4, 103 S.Ct. 2706, 77 L.Ed.2d 180 (1983)). Reasonable diligence does not require a debtor to conduct “ ‘impracticable and extended searches ... in the name of due process.’ ” Id. (quoting Mull... | C | casehold |
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the district court record indicate not only that the district court considered the defendant’s argument but it must also explain why the district court decided to reject that argument. We do not require district courts to be automatons in their discussion of the S... | B | casehold |
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have many statutory duties, the performance of which are mandatory to the administration of a bankruptcy estate, but whieh nevertheless may not yield a specific monetary recovery. Debtors’ counsel in Chapter 11 cases are not insurers of a successful reorganization... | E | casehold |
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writ denied). An appellate court has no jurisdiction to consider the merits of an appeal from a void judgment. Eubanks, 578 S.W.2d at 517. In such an instance the appellate court must set aside the trial court’s judgment and dismiss the appeal. Id. Mellon’s affida... | A | casehold |
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provision is unambiguous in setting forth, “We do not cover loss caused by mold”); Lundstrom v. United Services Auto. Ass’n-CIC, 192 S.W.3d 78, 91 (Tex.App.Houston [14th Dist.] 2006, pet. denied) (presuming without deciding that even if the mold were a covered los... | A | casehold |
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Blackmon-Malloy, 575 F.3d at 713 (quoting President, 627 F.2d at 362). 14 . To the extent that Hyson argues that the application score or interview should have played a larger role in the hiring decision, the Court "defer[s] to the Government's decision of what no... | E | casehold |
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issued several non-precedential opinions granting motions to reopen that were filed with the BIA before Dada but not adjudicated by the BIA until after Dada that provide apt comparison to Patel’s situation. In these cases, the BIA has construed the motion to reope... | D | casehold |
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of its message is presumed to be unconstitutional.... When the government targets not subject matter but particular views taken by speakers on a subject, the violation of the First Amendment is all the more blatant. Viewpoint discrimination is thus an egregious fo... | B | casehold |
Read the following excerpt from a US court opinion:
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appeal that decision to the Board of Immigration Appeals (“BIA”), and if need be thereafter, to an appropriate federal Court of Appeals. 8 U.S.C. § 1252(a)(5); see also Ramani v. Ashcroft, 378 F.3d 554, 559 (6th Cir.2004) (noting that the purpose of the I.N.A.’s e... | A | casehold |
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of Criminal Procedure — Part III: Right to Jury Trial, Peremptory Challenges: Equal Protection Issues, 85 Geo. L.J. 1240, 1257 n. 1734 (1997). In addition, United States v. Chalan, 812 F.2d 1302 (10th Cir.1987), provides that if “the Government used its peremptory... | B | casehold |
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stolen the money, and that he was acting in his private (vice duty) capacity in going to the appellant’s room. Record at 101-02. His primary motive was to be reimbursed for the money he had given LCpl Woods. The appellant was gone, but his roommate invited Cpl Cer... | D | casehold |
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a news show as such. The fact remains, however, that it depicted, in Best’s case, an arrest on criminal charges and facts concerning prior arrests or citations. These are legitimate matters of public concern, even if Best’s encounters with the police involved cond... | B | casehold |
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delayed opening of the restaurant when the subcontractor misread the building plans and constructed the building foundation in the wrong location. See id. at 1302. The court cited the economic loss rule as the basis for its holding: As a general rule, no cause of ... | B | casehold |
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jurisdiction over the industry.” Connecticut Light, 324 U.S. at 531, 65 S.Ct. 749. Additionally, the Court was especially cognizant of the legislative history of the FPA in which Congress communicated its belief that the FPA did not give the FPC “jurisdiction over... | C | casehold |
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in Greaves met the requirements of effective service by having an alias summons issued before they made their second attempt at process, an action Miller & Custom failed to take. Thus, Miller & Custom’s first attempt at service failed because notice was not sent t... | E | casehold |
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it. Because we find that H.B. 1544 attempts to regulate the use of the information legally obtained, we turn to Anderson Courier’s second issue involving commercial free speech. In determining whether a regulation of commercial speech survives First Amendment scru... | A | casehold |
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officers’ comments were not particularly “evocative.” Id. As such, the defendant “was not subjected/by the police to words or actions that the police should have known were likely to elicit an incriminating response.” Id. Innis clearly establishes that interrogati... | B | casehold |
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basis of injuries to third parties, unless the plaintiff additionally demonstrates “a close relation to the injured third party and a hindrance to that party’s ability to protect its own interests.” Mid-Hudson Catskill Rural Migrant Ministry, Inc. v. Fine Host Cor... | E | casehold |
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2. Thus, the RLCWA has satisfied the pipes-in-the-ground test. The parties disagree, however, over whether the RLCWA has the legal right to serve Fox Run. Ohio law gives water districts plenary authority “[t]o supply water to users within and without the district.... | D | casehold |
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with its NEPA obligations when implementing a land-use program.” Id. We have recently confirmed that these holdings apply at least to areas of greater than 5,000 acres, even if they have not previously been inventoried for wilderness consideration, and also to inv... | E | casehold |
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by the arbitrator. Arbitrators have wide latitude in how they conduct proceedings. See Association of Flight Attendants v. USAir, Inc., 960 F.2d 345, 349 (3d Cir.1992) (“Once the parties are obligated to submit a dispute to arbitration, then ‘procedural questions’... | D | casehold |
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a final order for purposes of the Gaming Act, 4 Pa.C.S. § 1506, by reference to the Judicial Code’s definitions, 42 Pa.C.S. § 102); Bray v. McKeesport Housing Auth., 114 A.3d 442, 446 n.5 (Pa. Cmwlth. 2015) (defining housing authority as a local agency for purpose... | C | casehold |
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control inquiry would be focused on the performance of the work and the condition of the premises. Unless specific facts (e.g., a contract which required the Space Needle to provide for the safety of the workers) pointed to retained right of control, the principal... | A | casehold |
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an injury to her leg (a scheduled member) so that § 42-9-10 controls her compensation. We agree, and join those courts which have held that the hip socket is part of the pelvis and not part of the leg for workers’ compensation purposes. See e.g. Blackburn v. Allie... | B | casehold |
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Cir.2001)). Therefore, any potential contacts by DSM Dyneema, B.V. with South Carolina or Virginia are irrelevant to this Court’s analysis of whether a federal court in North Carolina has personal jurisdiction over these claims. As to the availability of goods in ... | B | casehold |
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impossible to ascertain the precise economic consequences of intangible harms, such as damage to reputation and loss of goodwill, caused by such violations. Abbott Laboratories, 971 F.2d at 16. The Tenth Circuit has limited this presumption to the following circum... | E | casehold |
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by the court. See Thomas v. Bracey, 940 S.W.2d 340, 343 (Tex.App.—San Antonio 1997, no pet.); see also Russell v. Clark, 620 S.W.2d 865, 870 (Tex.Civ.App.—Dallas 1981, writ refd n.r.e.). All doubt should be resolved in favor of the communication’s relation to the ... | B | casehold |
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is not an element weighing against allowing summary judgment. Rather, it is an issue with respect to the amount of damages to which TKO is entitled that still must be assessed by a finder of fact. Although TKO anticipates it, Reilly does not raise the issue of dur... | C | casehold |
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courts are widely acknowledged to possess the power to enter summary judgments sua sponte, so long as the losing party was on notice that she had to come forward with all of her evidence.”). Even assuming that Tate was not on notice about the fact that he had no c... | D | casehold |
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weigh the evidence and draw justifiable inferences of fact.’ ” United States v. Branham, 515 F.3d 1268, 1273 (D.C.Cir.2008) (quoting United States v. Dykes, 406 F.3d 717, 721 (D.C.Cir.2005)). To prove that a defendant entered into a narcotics conspiracy under 21 U... | D | casehold |
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and (5) violated section 546.001 of the transportation code, which permits proceeding past a red light “after slowing as necessary for safe operation.” See TEX. TRANSP. CODE ANN. § 546.001. In his deposition testimony, Price was asked the basis for his conclusion ... | A | casehold |
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in the facility. Thus, we find that the agreement was a contract of adhesion. B. Unconscionability A contract of adhesion is not ipso facto unenforceable. It is unenforceable only to the extent that it is found to be unconscionable. Lytle v. Citifinancial Services... | D | casehold |
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Farm Fire & Cas. Co., 43 F.3d 1471, 1994 WL 705073, *2 (6th Cir.1994) (Table) (applying Webster’s Third International Dictionary’s definition of contamination as “unfit for use by the introduction of unwholesome or undesirable elements” to find that insured’s home... | B | casehold |
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with the policy against restraints on alienation, even where the mortgage explicitly states there is no right to prepay the note, if the mortgagor can provide the mortgagee with the benefit of his bargain under the terms of the note, he will be allowed to have a r... | A | casehold |
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with the adjacent channel, “making it difficult to determine where the ‘water’ ends and the ‘wetland’ begins.” Id. at 742,126 S.Ct. 2208. The plurality explained that “[a]n intermittent, physically remote hydro-logic connection” would be inadequate to meet this pr... | D | casehold |
Read the following excerpt from a US court opinion:
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(Tex.Crim.App. 2002). In the context of a guilty plea, an error affects substantial rights when, considering the record as a whole, we do not have a fair assurance that the defendant’s decision to plead guilty would not have changed had the trial court properly ad... | A | casehold |
Read the following excerpt from a US court opinion:
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A state court’s decision whether to recognize and enforce an employer’s cause of action for reimbursement, which is ere- ated by statute in another state, is an issue of conflict of laws rather than subject matter jurisdiction. See Hoffman v. Henderson, 355 N.W.2d... | C | casehold |
Read the following excerpt from a US court opinion:
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said that it was not asking for a competency trial, and defense counsel said he was not sure that a competency hearing or trial was necessary. 2 . The parties also agreed that they would need to have a competency trial. Arid the trial court reiterated that it was ... | A | casehold |
Read the following excerpt from a US court opinion:
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“there is evidence upon which the jury could rationally sustain the defense.” United States v. Jackson, 726 F.2d 1466, 1468 (9th Cir.1984) (per curiam). On the other hand, a trial court may preclude a defense theory where “the evidence, as described in the defenda... | D | casehold |
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