query_id stringlengths 4 6 | query stringlengths 75 2.13k | positive_passages listlengths 1 1 | negative_passages listlengths 20 20 |
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247774 | Since Greene, this court has rejected similar charges of misconduct where the government supplied counterfeit credit cards to detect which merchants would accept them. See Citro, 842 F.2d at 1153. In a case where an FBI agent bribed a state senator, we found no misconduct. See United States v. Carpenter, 961 F.2d 824, ... | [
{
"docid": "22437426",
"title": "",
"text": "clear predisposition, his conviction was reversed: This egregious conduct on the part of government agents generated new crimes by the defendant merely for the sake of pressing criminal charges against him when, as far as the record reveals, he was lawfully a... | [
{
"docid": "383845",
"title": "",
"text": "to check for a wire prior to each transaction. Citro engaged in the activity for profit, and the government’s inducement of two expensive dinners and a $200.00 fee for each introduction was not overwhelming. In United States v. Esquer-Gamez, 550 F.2d 1231, 1234... |
736597 | 1015(b), to provide for the joint administration of the respective debtors’ estates. But joint administration should not be confused with consolidation. Consolidation results in the creation of one estate from two or more; joint administration does not, but is rather done for procedural convenience by avoiding the dupl... | [
{
"docid": "195263",
"title": "",
"text": "owner. On the Chapter 7 schedules the Debtors listed the promissory note as a debt and the pickup truck as property of the estate. The Debtors also claimed the truck as an exemption from the estate. The Trustee objected to the claim of exemption, an Objection w... | [
{
"docid": "20239220",
"title": "",
"text": "(Bankr.S.D.N.Y.2007). For the reasons stated by the Eighth Circuit Bankruptcy Appellate Panel in In re Carlson, 394 B.R. 491 (8th Cir.BAP 2008), the Court agrees that relying upon the treatment of a tax refund in the event the debtors divorce is not appropria... |
126954 | F.2d 934, 50 CCPA 1153. Appellant’s reply brief in rebuttal argues that since this is solely a question of law, rather than a question of technical facts, the issue may be raised here for the first time. We do not think the solicitor is correct in his contention. The section 102 (e) question may be properly raised here... | [
{
"docid": "21178393",
"title": "",
"text": "application the art was fully aware of the substitution of Cl and CF3 potentiating groups in phenothiazines analogous to those now claimed by Zenitz. The examiner held, and the board agreed, that the substitution of CF3 for Cl in the phenothiazines disclosed ... | [
{
"docid": "22934601",
"title": "",
"text": "with undeveloped areas is at least partially completed prior to substantial permeation and development of the next inner emulsion layer by said liquid composition. In allowing it, the board pointed out that it is limited to control of diffusibility by layerwi... |
806778 | King, Kamehameha III., to himself and his successors, and not being in the lists of lands specially set apart as Government or Fort lands, must be one of those over which the Land Commission had jurisdiction to award to the claimant.” P.429. Haw. Civil Code, 1859, p. 14 et seq. United States v. Perot, 98 U. S. 428, 430... | [
{
"docid": "22093035",
"title": "",
"text": "This second judgment was affirmed on appeal. In re S. R. A., Inc., 219 Minn. 493, 18 N. W. 2d 442. Certiorari was sought under § 237 (b) of the Judicial Code.- It was granted because of the importance and uncertainty of the question of the right of a State to... | [
{
"docid": "22554184",
"title": "",
"text": "112 N. Y. 310; 19 N. E. 845; Emperor of Brazil v. Robinson, 5 Dowl. Pr. 522; Otho, King of Greece, v. Wright, 6 Dowl. Pr. 12; The Beatrice, 36 L. J. Rep. Adm. (N. S.) 10; Queen of Holland v. Drukker, (1928) Ch. 877, 884, although the local soverign does not p... |
745199 | amend. . The court has recounted the standards applicable to a motion for summary judgment in more detail in a number of prior decisions. See, e.g., Swanson v. Van Otterloo, 993 F.Supp. 1224, 1230-31 (N.D.Iowa 1998); Dirks v. J.C. Robinson Seed Co., 980 F.Supp. 1303, 1305-07 (N.D.Iowa 1997); Laird v. Stilwill, 969 F.Su... | [
{
"docid": "10234535",
"title": "",
"text": "1238 (8th Cir.1990). On the other hand, the Federal Rules of CM Procedure have authorized for nearly 60 years “motions for summary judgment upon proper showings of the lack of a genuine, triable issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317,... | [
{
"docid": "3839730",
"title": "",
"text": "to lift more than ten pounds, to stand for extended periods of time, and that her condition was permanent. On July 30, 1997, both Mr. Bushman and Mr. Howe scheduled a meeting with Wheaton, the substance of which is in dispute. Following the meeting, Wheaton wa... |
14115 | "ERISA preemption, for as we explain, the City does not act as a market participant in offering tax abatements."" (citing Keystone Chapter, Associated Builders & Contractors, Inc. v. Foley , 37 F.3d 945, 955 n.15 (3d Cir. 1994) ). However, other district courts in this circuit, as well as other circuit courts, have app... | [
{
"docid": "5627904",
"title": "",
"text": "Harbor, the state’s actions in Gould could only be understood as an “attempt to compel conformity with the NLRA” that was “unrelated to the employer’s performance of contractual obligations to the State.” Boston Harbor, 113 S.Ct. at 1197. Following the logic o... | [
{
"docid": "20734848",
"title": "",
"text": "interests of the BCTC and its affiliates, which were politically aligned with City officials’ interests. At a minimum, BIECA argues, the dispute over the City’s motive is an issue of material fact that rendered dismissal inappropriate. This argument misappreh... |
840906 | that counsel misjudged the admissibility of the confession. The second claim upon which petitioner seeks relief is the sufficiency of the evidence presented at the second degree-of-guilt trial to support a finding of murder in the first degree. Petitioner cites several Pennsylvania state court decisions which establish... | [
{
"docid": "12238541",
"title": "",
"text": "resulted in the inconsistencies. We are not insensitive to the anxiety suffered by relator while awaiting trial in a capital case. However, considering the record as a whole, considering the length of the delay involved, the procedural chronology of the case,... | [
{
"docid": "18001188",
"title": "",
"text": "be considered in a federal habeas corpus proceeding by a state prisoner. Hendricks v. Swenson, 456 F.2d 503 (8th Cir. 1972); Sinclair v. Turner, 447 F.2d 1158 (10th Cir. 1971), cert. denied, 405 U.S. 1048, 92 S.Ct. 1329, 31 L.Ed.2d 590 (1972); United States e... |
134081 | not be imposed on a municipality under § 1983. Id. at 691-92, 98 S.Ct. at 2036. The Supreme Court did not address directly whether a private corporate employer may be held liable under § 1983 on a respondeat superior theory. But numerous lower courts, including the Fourth Circuit, have understandably relied on Monell i... | [
{
"docid": "1274457",
"title": "",
"text": "were “reasonable grounds to believe” that the offense was being committed. The statute relied on is not sufficient to bridge the gap between private and State action. Security employees are not thereby made State officers nor are they granted the authority to ... | [
{
"docid": "23119077",
"title": "",
"text": "The initial barrier to appellant’s relief from Charter is that the actions she questions are actually the actions of Charter’s employees, not the actions of the hospital itself. The complaint alleges Mrs. Harvey was placed on a locked ward and given medicatio... |
647086 | transmitted forthwith to the clerk of the bankruptcy court. In the interest of justice, the court may order that the paper shall be deemed filed as of the date of the original delivery. Bankruptcy Rule 5005(b). The Bank relies heavily on In re Sambo’s Restaurants, Inc., 754 F.2d 811, 12 C.B. C.2d 173, 12 B.C.D. 1177 (9... | [
{
"docid": "22438326",
"title": "",
"text": "21,1975. The last day for filing claims was, therefore, February 21, 1976. Although the County did not file a formal proof of claim with either the referee or the trustee, it did send a letter, dated December 11, 1975, to the trustee, enclosing two tax bills.... | [
{
"docid": "18577319",
"title": "",
"text": "to protect the bank’s interest in the estate of the debtor. Recent case law has evolved the equitable doctrine of an “informal” proof of claim. For a document to constitute an informal proof of claim, a three-prong test must be satisfied; the document must st... |
369085 | this fact. Once the plaintiff conclusively proves an inability to perform past jobs due to an impairment, the Secretary has an obligation to demonstrate the availability of jobs that the plaintiff has the functional and vocational capacity to perform. Chicager v. Califano, 574 F.2d 161 (3rd Cir. 1978). To meet this bur... | [
{
"docid": "5011261",
"title": "",
"text": "the medical-vocational regulations are reasonably related to the purposes of the statute and that defendant has not exceeded the scope of its authority under § 405(a). As indicated more fully below, the Court further finds that the specific contentions asserte... | [
{
"docid": "22864826",
"title": "",
"text": "he must direct interrogatories to each physician to obtain a more substantiated opinion as to O’Leary’s capabilities. See Woodard v. Schweiker, 668 F.2d 370, 374 (8th Cir.1981). The burden is on the Secretary to show that this claimant is able to perform the ... |
704911 | "512(k)(1)(A)]."" 17 U.S.C. § 512(k)(1)(B). ""Service provider” thus is defined more narrowly with respect to the ""conduit” safe harbor provision. . The parties do not dispute that Hurricane, OPG; and Swarthmore had valid section 512(i) policies. See, e.g., Complaint, p. 5:20-23 & Ex. D (email from Ralph E. Jocke), al... | [
{
"docid": "3727252",
"title": "",
"text": "an interest in the content of that data.” Id. at 18 n. 19. The inclusion of section 512(d) which creates a “safe harbor” for copyright infringement resulting from the use of information location tools by service providers, which include directories, indexes, r... | [
{
"docid": "16441843",
"title": "",
"text": "that a large number of the files transferred through Aimster are adult photographs rather than copyrighted music. Oral Arg. at 21. . The court in Fonovisa addressed both con-tributary and vicarious infringement. . Given the DMCA’s relatively recent enactment,... |
522851 | available for inquiry, and the ease (or difficulty) of access to the requisite information. See Brown v. Federation of State Medical Bds., 830 F.2d 1429, 1435 (7th Cir.1987); Century Prods., Inc. v. Sutter, 837 F.2d 247, 250-51 (6th Cir.1988); Thomas v. Capital Sec. Servs., Inc., 836 F.2d 866, 875 (5th Cir.1988) (en ba... | [
{
"docid": "22596202",
"title": "",
"text": "requires attorneys to take responsibility for the claims and defenses they represent; attorneys must make reasonable inquiry to assure that the claims, defenses and positions represented by them are well-grounded in both law and fact and are not intended to s... | [
{
"docid": "16684642",
"title": "",
"text": "is reviewed under an abuse of discretion standard because “of the district court’s more intimate knowledge of the facts of these cases.” Century Products, Inc. v. Sutter, 837 F.2d 247, 253 (6th Cir. 1988). Accord Thomas v. Capital Security Services, Inc., 836... |
24981 | Marion, and Wolfson. Defendant Wolfson seeks summary judgment against APU on the ground that he is not hable to APU for any damages under CERCLA or any other theory of liability; Defendants Witben, Sereth, Wolsher, and Universal Marion seek similar relief in their summary judgment motion against APU. The Comprehensive ... | [
{
"docid": "22799663",
"title": "",
"text": "History, supra, at 777; see also id. at 31,966 (Department of Justice view of Senate compromise discussing strict liability), reprinted in 1 CERCLA Legislative History, supra, at 780-81. Strict liability under CERCLA, however, is not absolute; there are defen... | [
{
"docid": "12419601",
"title": "",
"text": "§ 9606 and civil actions under § 9607 for indemnification. The Court in Cooper explained that no provision in CERCLA exists for maintaining an action for contribution when the cleanup is purely voluntary. Cooper, 125 S.Ct. at 584. Here, the Plaintiffs volunta... |
352651 | The applications are moot. Section 327(a) of the Code permits a trustee to employ professionals, including attorneys. 11 U.S.C. § 327(a). In the case of a committee appointed under section 1102 of the Code, section 1103(a) authorizes the committee to employ professionals, 11 U.S.C. § 1103(a), and section 328(a) authori... | [
{
"docid": "4344972",
"title": "",
"text": "negotiated with the Committee for several weeks over the terms of their compensation for their work as financial advisors. After listening to the testimony presented at the November 19, 2007 hearing, it is clear that these terms were not the result of “bad dra... | [
{
"docid": "1191974",
"title": "",
"text": "reached the opposite conclusion in In re Orthopaedic Technology, Inc., 97 B.R. 596 (Bankr.D.Colo.1989) and Cavazos v. Simmons, 90 B.R. 234 (Bankr.N.D.Tex.1988). In each of these cases, the court concluded that 11 U.S.C. § 326 did not limit the compensation of ... |
58924 | "is the interest which accrues by reason of the use of such money during the pendency of the proceedings.”)); Johnson Electrical, 442 F.2d at 284 (stating that the distinction between post-petition interest where the underlying tax is partially paid and where it is fully paid ""is not sufficiently substantial to warran... | [
{
"docid": "13617648",
"title": "",
"text": "U.S. at 275, 98 S.Ct. at 1800; In re Ribs-R-Us, 828 F.2d 199, 200-01 (3d Cir.1987). The IRS need not attempt to collect the withholding taxes from the employer before seeking to collect from the responsible person. Ribs-R-Us, 828 F.2d at 201; United States v.... | [
{
"docid": "4027417",
"title": "",
"text": "this undermines the purpose of Section 6672. Federal courts have struggled with the voluntary/involuntary distinction in the bankruptcy context and have come to different conclusions. We conclude that payments made by a debtor in possession after filing a peti... |
85461 | evaluations, continuing without regard to Fannie Mae’s clearly delineated criticism of his work. Fannie Mae’s opinion of plaintiff was legitimate and reasonable given the circumstances. The fact that he was concededly talented in the external aspect of his work does not preclude shortcomings in internal matters, and in... | [
{
"docid": "22360115",
"title": "",
"text": "to someone first. There is, however, no mention of this incident in any of Ezold's evaluations. .In Lockhart, there was sufficient indirect evidence to support the jury’s verdict that age was the determinative factor in Lockhart’s discharge. This evidence inc... | [
{
"docid": "521023",
"title": "",
"text": "cites negative evaluations from Williams and St. Johns that contrast with the uniformly positive comments received by her higher rated peers. These explanations provide legitimate, nonretaliatory reasons for Carpenter’s downgrade. See Burdine, 450 U.S. at 257-5... |
448165 | to believe he intended, to allow Defendant to keep the money in her cheeking account either as a gift, or as repayment for debts incurred and monies spent by Defendant. That is, Defendant seeks to have the evidence admitted as direct proof of the underlying substance of the disputed issue in this case, not indirect pro... | [
{
"docid": "22656949",
"title": "",
"text": "from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtain... | [
{
"docid": "16940186",
"title": "",
"text": "requiring application of the $1.2 million certificate of deposit which SIG claims it owns and by requiring performance of the Guarantees of the Senior Loan by Gurasich, Walden, West and the Topfers (hereinafter referred to collectively as “Guarantors”). Legal... |
778940 | that the remoteness of the search was the principle objection. Our conclusion is further supported by the final sentence in Preston, 376 U.S. at 368, 84 S.Ct. at 884, We think that the search was too remote in time or place to have been made as incidental to the arrest and conclude, therefore, that the search of the ca... | [
{
"docid": "7815522",
"title": "",
"text": "hence there was no danger that, after being arrested, he “could have used any weapons in the car or could have destroyed any evidence of a crime Preston v. United States, 376 U.S. 364, 368, 84 S.Ct. 881, 883, 11 L.Ed.2d 777 (1964). Thus there was no emergency ... | [
{
"docid": "9725667",
"title": "",
"text": "could have used any weapons in the car or could have destroyed any evidence of a crime — assuming that there are articles which can be the ‘fruits’ or ‘implements’ of the crime of vagrancy. Cf. United States v. Jeffers, 342 U.S. 48, 51-52 [72 S.Ct. 93, 95, 96 ... |
418643 | on a motion for summary judgment, the moving party must show that the nonmoving party “fail[ed] to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex, 477 U.S. at 322, 106 S.Ct. 2548. By pointing to ... | [
{
"docid": "17004973",
"title": "",
"text": "fact. In performing our review of the District Court’s grant of summary judgment, we need only decide the materiality of the alleged fact that the officers handcuffed appellant before the administration of force. We find it unquestionably material. Our inquir... | [
{
"docid": "18867128",
"title": "",
"text": "favor and accept the nonmoving party’s evidence as true. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. A nonmoving party, however, must establish more than “the mere existence of a scintilla of evidence” in support of its position. Id. at 252, 106 S.Ct. 2505. To... |
719576 | executors of the will of Oliver Gould Jennings, paid the defendant, Collector of Internal Revenue for the District of Connecticut, an estate tax in the amount of $2,082,730.40 plus interest on certain deficiencies included therein. The executors had elected, under Section 811 (j) of the Internal Revenue Code, 26 U.S. C... | [
{
"docid": "22564545",
"title": "",
"text": "Mr. Justice Roberts delivered the opinion of the Court. In these cases we must decide whether, where an executor avails himself of the option extended by the estate tax law to value a decedent’s gross estate as of one year after the decedent’s death, rents, d... | [
{
"docid": "3654218",
"title": "",
"text": "GODDARD, District Judge. The case came on for hearing on motion of plaintiffs for judgment on the pleadings and the cross motion by the defendant for' judgment in his favor. There is no dispute as to the facts and the sole issue of law presented is the validit... |
407383 | claim that, despite the true facts, defendants misrepresented that participation in the life insurance plan was required in order for employees to receive the tax savings from participation in the AFC cafeteria plan. Whether the life insurance plan meets the third criterion, non-endorsement of the plan by AFC, is a clo... | [
{
"docid": "21552799",
"title": "",
"text": "POSNER, Circuit Judge. This appeal requires us to consider the meaning of the term “employee welfare benefit plan” in ERISA. The statutory definition is “any plan, fund, or program ... established or maintained by an employer or by an employee organization ..... | [
{
"docid": "22627466",
"title": "",
"text": "eligible to receive a benefit of any type from an employee benefit plan which covers employees of such employer or members of such organization, or whose beneficiaries may be eligible to receive any such benefit. ERISA § 3(7), 29 U.S.C. § 1002(7). The term “e... |
854122 | "work environment. Halstead must have been deliberately indifferent to this racially hostile work environment. Southard , 114 F.3d at 551 (citing Doe v. Taylor Indep. Sch. Dist. , 15 F.3d 443, 454 (5th Cir. 1994) (en banc) ). This is a ""stringent standard of fault, requiring proof that a municipal actor disregarded a ... | [
{
"docid": "22259485",
"title": "",
"text": "941 F.2d 119, 122-23 (2d Cir.1991). This does not mean that the plaintiff must show that the municipality had an explicitly stated rule or regulation. See, e.g., Villante v. Department of Corrections, 786 F.2d 516, 519 (2d Cir.1986). A § 1983 plain- . tiff in... | [
{
"docid": "3658263",
"title": "",
"text": "failure to prevent it, the Court crafted the “deliberate indifference” standard to distinguish between cases in which the city’s inaction could fairly be said to have caused the injurious action and those in which it could not. See City of Canton v. Harris, 48... |
699414 | peril; nevertheless as Rhodes and Hoptowit correctly direct, “the Eighth Amendment does not reflect what any of us in the judicial branch might believe to be desirable, but rather requires a mere minimum standard of life’s necessities.” Medical Care, Sanitation, Food, Clothing and Safety 7. Inadequate attention to medi... | [
{
"docid": "22661193",
"title": "",
"text": "interfering with the treatment once prescribed. Regardess of how evidenced, deliberate indifference to a prisoner’s serious illness or injury states a cause of action under § 1983. This conclusion does not mean, however, that every claim by a prisoner that he... | [
{
"docid": "11528794",
"title": "",
"text": "that, considered either alone or in combination, specifically amount to cruel and unusual punishment, there can be no Eighth Amendment violation. Likewise, the mere fact that conditions are interrelated does not justify a remedy that is more intrusive than ne... |
252125 | meaning of A.R.S. § 44-2348 [re-numbered as A.R.S. § 47-2403]). . Stowers v. Mahon (In re Samuels & Co.), 526 F.2d 1238, 1242 (5th Cir.1976). . Los Angeles Paper Bag Co. v. James Talcott, Inc., 604 F.2d 38, 39 (9th Cir.1979)(the interest of unpaid cash seller is subordinate to the interest of a valid perfected security... | [
{
"docid": "6508378",
"title": "",
"text": "as previously noted, the reclaiming seller must establish the requirements of the relevant U.C.C. section and remains subject to its limitations. Pursuant to U.C.C. § 2-702(3), the seller’s right to reclamation is “subject to” the rights of a good faith purcha... | [
{
"docid": "1086291",
"title": "",
"text": "the letter’s status as a satisfactory U.C.C. § 2-702 reclamation demand. B. Seller’s Reclamation Right When There Is A Perfected Security Interest In the Goods As straightforward as Section 546(c) reads, courts have split over whether the seller’s right of rec... |
397070 | of this subparagraph. Id. § 552(a)(6). II. Mootness Defendants note that they released all responsive documents and that ONDA does not challenge either the adequacy of the search for responsive documents conducted by NOAA Fisheries or its reliance upon FOIA exemptions to withhold some documents. Defendants contend that... | [
{
"docid": "16959505",
"title": "",
"text": "at which plaintiff acknowledged she had received all the requested documents and no substantive controversy as to the documents remained. Plaintiff was concerned, however, that dismissing the case as moot might deprive her of the right to seek attorney’s fees... | [
{
"docid": "15139823",
"title": "",
"text": "and plants, including hundreds of threatened, endangered, and sensitive species. Roadless areas in our national forests also help conserve some of the last unspoiled wilderness in our country. The unspoiled forest provides not only sheltering shade for the vi... |
417371 | misidentification____” While the phrase was coined as a standard for determining whether an in-court identification would be admissible in the wake of a suggestive out-of-court identification, with the deletion of “irreparable” it serves equally well as a standard for the admissibility of testimony concerning the out-o... | [
{
"docid": "23705757",
"title": "",
"text": "rise to a very substantial likelihood of irreparable misidentification.” Thigpen v. Cory, 804 F.2d 893, 895 (6th Cir.1986), cert. denied, 482 U.S. 918, 107 S.Ct. 3196, 96 L.Ed.2d 683 (1987) (quoting Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967, 9... | [
{
"docid": "23006876",
"title": "",
"text": "purposes of our analysis we assume that it was in fact suggestive to an unnecessary degree. It is firmly established, however, that due process does not require the suppression of all in-court identifications following unnecessarily suggestive pretrial identi... |
673872 | "filing, whether or not the filing is related to a specified transaction or event, if the statements either have become inaccurate by virtue of subsequent events, or are later discovered to have been false and misleading from the outset, and the issuer knows or should know that persons are continuing to rely on all or ... | [
{
"docid": "22748467",
"title": "",
"text": "of ‘no reason for the stock’s activity,’ and that ‘management is unaware of any present or pending corporate development that would result in the abnormally heavy trading activity,’ information concerning ongoing acquisition discussions becomes material by vi... | [
{
"docid": "12494721",
"title": "",
"text": "material even if there is only a probability that the change will occur or if it is merely contingent upon future events. In Basic Inc., the Supreme Court considered the issue concerning when negotiation of a corporate merger would be considered material. The... |
238583 | said: “The ultimate purpose of the writers of the 1951 Manual was to set a balance between the various Service rules. * * * What they wished to accomplish, and we are in full accord was to allow the presumption of knowledge to apply only to that category of regulations or orders which are issued by commands of the high... | [
{
"docid": "10938805",
"title": "",
"text": "Guard member. The article in clear and unambiguous terms prohibits the possession, use, sale, or other transfer of marijuana, narcotic substances, or other controlled substances by persons in the Coast Guard and further implementation by subordinate commander... | [
{
"docid": "18913448",
"title": "",
"text": "our present concern. The Commanding Officer also related that the accused had been counseled on numerous occasions by various representatives of the command without noticeable results. The Commanding Officer expressed his conclusion that Seaman Recruit Clevid... |
701715 | it lacks the retail concept. Even if defendant’s establishment is within the retail concept, he failed to prove that 75% of the annual dollar volume of his sales were recognized as retail in the industry. There was no evidence showing the precise percentage of his annual dollar volume of sales recognized as retail in t... | [
{
"docid": "21190195",
"title": "",
"text": "has conceded that there was compliance with the Act only after this suit was instituted. Under these circumstances a nice question is presented as to the propriety of granting injunctive relief. However, it is one which we do not decide for we think that it i... | [
{
"docid": "5363971",
"title": "",
"text": "coverage and narrow exemptions, we find the Ben Franklin Reading Club beyond the pale of either the retail establishment or the outside salesman exemption. The judgment of the district court is Affirmed. . 29 U.S.C.A. § 213(a) (2): The provisions of sections 2... |
94329 | Cherrydale Farms Confections (“Final Scope Ruling: Cherrydale Farms Confections”) demonstrated the inconsistency in Commerce’s use of the Diversified, Products analysis, and, therefore, this case should be remanded for consideration under the (i)(2) factors. As set forth above, to determine whether merchandise is withi... | [
{
"docid": "23682717",
"title": "",
"text": "scope of a final antidumping duty order, the ITA may not modify the scope of that order. Alsthom Atlantique, 787 F.2d at 571. CONCLUSION For the foregoing reasons, the April 7, 1992 judgment of the CIT is AFFIRMED. . A nylon core flat belt is a continuous, mu... | [
{
"docid": "21428197",
"title": "",
"text": "Diversified Prods, criteria of that regulation. The government and the Korean Producers counter that substantial evidence supports Commerce’s final scope determination. Commerce has the inherent authority to define the scope of an investigation. See Koyo Seik... |
440617 | "the Fair Credit Reporting Act: an FTC Staff Report with Summary of Interpretations , FTC, 2013 WL 10954239, at *51 (July 2011). The FTC staff opinion letters are not formal rulemakings and not entitled to the level of deference given under Chevron U.S.A., Inc. v. Natural Resources Defense Council , 467 U.S. 837, 842-4... | [
{
"docid": "13747782",
"title": "",
"text": "or universities).” 16 C.F.R. pt. 600, app. D § 603(d)(7)(A) (emphasis added). The Federal Trade Commission also issued a Staff Opinion Letter in response to an inquiry from a public school district conducting reference checks of prospective employees. That le... | [
{
"docid": "6509210",
"title": "",
"text": "Congress did not mean, by repealing the attorney exception, to extend the range of activities proscribed by the FDCPA. The FTC confirmed its position in a letter addressed specifically to Jones, who, concerned about his status under the FDCPA, had directly sol... |
790841 | Opinion for the Court filed by Circuit Judge TATEL. TATEL, Circuit Judge: For the third time, we consider the district court’s determination that one of the defendants in the United States’ RICO action against cigarette companies waived its attorney-client privilege by failing to log a document sought in discovery. As ... | [
{
"docid": "8432440",
"title": "",
"text": "different factors comes down against imposing a waiver of the defendants’ attorney-client privilege and work-product protection. The court, therefore, sets aside the magistrate judge’s orders of March 30, 1995, and June 12, 1995. Be cause of the broad discreti... | [
{
"docid": "7784317",
"title": "",
"text": "England (the “Guildford objection”). The Depository was established in response to a parallel action filed against the same defendants by the State of Minnesota and contains'over one million documents. State of Minnesota v. Philip Morris, Inc., No. C1-94-8565 ... |
145475 | as a defendant charged by the Commonwealth with the offense of raping the prosecutrix. Relator’s counsel was present at these confrontations. A pretrial identification confrontation may be so unnecessarily suggestive and conducive to irreparable mistaken identification that it denies an accused due process of law. Stov... | [
{
"docid": "3845113",
"title": "",
"text": "trial. Another identification problem raised at the suppression hearing involved an accidental confrontation between complainant and the appellant at a preliminary hearing shortly after the appellant’s arrest. This confrontation took place while complainant, a... | [
{
"docid": "7680857",
"title": "",
"text": "in Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967) and United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967). In Stovall it held that a defendant was entitled to show that the confrontation in his case “was so unneces... |
696065 | the plan’s administrators or the recipients of its benefits. Stock option plans have been widely accepted as an effective means of re-invigorating executives whose profit-seeking zeal has been sapped by high personal tax rates. From the employee’s perspective, options have the advantage of allowing income to be deferre... | [
{
"docid": "668079",
"title": "",
"text": "a year. These annual limitations were eliminated from the 1973 Program. Secondly, the 1973 Incentive Program expressly provided that an option granted under either plan may include a stock appreciation right, issued either at the time of grant of the option, or... | [
{
"docid": "15744890",
"title": "",
"text": "that the options shall not be exercisable by their holders after their employment by defendant has been discontinued, unless otherwise specified by the board of directors. Plaintiff contends that the granting of the options on these terms and conditions const... |
536243 | appeal. I. Abandonment Authorization [1,2] Under 15 U.S.C. § 717f(b), no natural gas company may abandon all or any portion of any source rendered by means of facilities subject to the jurisdiction of the FERC without Commission approval. This provision has been most recently construed by the Supreme Court in Californi... | [
{
"docid": "22439544",
"title": "",
"text": "private contracts the only stabilizing factor under the Act. Not only does this reading have nothing to do with the integrity of private contracts which Mobile underwrote, but it makes a severe incursion into the sources of that stability of natural-gas price... | [
{
"docid": "22427169",
"title": "",
"text": "casinghead gas to the El Paso Natural Gas Co., an interstate pipeline. Thereafter, Gulf applied for, and the Federal Power Commission issued, a certificate of public convenience and necessity authorizing its sale of natural gas to El Paso, to be effective as ... |
391607 | Court recognized that no request for injunctive relief was before it: “We concern ourselves here with the propriety of entertaining that portion of plaintiffs’ complaint seeking declaratory relief . . . .” 300 F. Supp., at 1146. That leaves us with the question whether an order granting or denying, only a declaratory j... | [
{
"docid": "22609755",
"title": "",
"text": "memorandum opinion, findings of fact and conclusions of law, and judgment. See 192 F. Supp. 1. The relief granted was merely a declaration that the 1944 Amendment “is unconstitutional, both on its face and as applied to the plaintiff herein,” and “ [t]hat the... | [
{
"docid": "22452255",
"title": "",
"text": "13-20, but those arguments should be directed to Congress rather than the courts. Rockefeller v. Catholic Medical Center, supra; Stamler v. Willis, 393 U. S. 407; Moody v. Flowers, 387 U. S. 97; Phillips v. United States, supra. Mr. Justice Douglas, dissentin... |
783482 | fails for two reasons. First, the Debtor cannot embezzle property that she lawfully owns. Contrary to Bombardier’s argument, the original creditor is not the owner of the Motorcycle; it possessed a perfected security interest in Debtor’s property. The original creditor was not and Bombardier is not the owner of the Mot... | [
{
"docid": "10841433",
"title": "",
"text": "refund amount to the plaintiff. They also refused to grant the plaintiff a lien in the vehicle they bought with the refund. The issue is whether these actions constitute embezzlement. In this regard, the plaintiff contends that by purchasing another truck, co... | [
{
"docid": "10841434",
"title": "",
"text": "310, 311-12 (Bankr.N.D.Ga.1990): [E]mbezzlement involves the appropriation or conversion of another’s property where the property was legally in the offending party’s possession. Here, it is undisputed that the [collateral was] owned by defendant subject to p... |
746128 | theories and plan his strategy without undue and needless interference. That is the historical and the necessary way in which lawyers act within the framework of our system of jurisprudence to promote justice and to protect their clients’ interests. And as Sporck v. Peil, 759 F.2d 312, 316 (3d Cir.1985) points out, the... | [
{
"docid": "21948389",
"title": "",
"text": "on the fact that the search for witnesses on the subject of commercial success has been carried on under the direction of their counsel and, thus, it is claimed that the entire subject comes under the protection of the work product rule. Rule 33 allows interr... | [
{
"docid": "22322861",
"title": "",
"text": "Inc. v. Raytheon Co., 93 F.R.D. 138, 144 (D.Del.1982): In selecting and ordering a few documents out of thousands counsel could not help but reveal important aspects of his understanding of the case. Indeed, in a case such as this, involving extensive documen... |
547023 | on the Secretary in making his ultimate determination of disability. Further, the treating physician’s opinion that plaintiffs physical problems are severe and disabling is also not supported by the record. A treating physician’s opinion may be rejected if his conclusions are not supported by specific findings. See 20 ... | [
{
"docid": "12593357",
"title": "",
"text": "spasms, muscle weakness, diminished reflexes, and pain, all of which support his opinion. Laboratory reports showing spondyloarthrosis, arthritis in the lumbar and lumbosacral facet joints, and some narrowing of the [spinal] canal also support the opinion. Th... | [
{
"docid": "22393613",
"title": "",
"text": "of the claimant’s impairments including the claimant’s symptoms, diagnosis and prognosis, and any physical or mental restrictions. See id. §§ 404.1527(a)(2), 416.-927(a)(2). The Secretary will give controlling weight to that type of opinion if it is well supp... |
831733 | in his direct appeal to this Court, one based on the statute of limitations and the other based on the statutory meaning, under RICO, of “enterprise.” At trial, Brennan raised the latter argument, but not the former. Because Brennan failed to raise these issues earlier, we must first ask whether he is procedurally fore... | [
{
"docid": "22608269",
"title": "",
"text": "allowed to do service for an appeal.” Sunal v. Large, 332 U. S. 174, 178 (1947). For this reason, non-constitutional claims that could have been raised on appeal, but were not, may not be asserted in collateral proceedings. Id., at 178-179; Davis v. United St... | [
{
"docid": "355808",
"title": "",
"text": "at 1077 n. 10, quoting Hill v. United States, 368 U.S. 424, 428, 82 S.Ct. 468, 471, 7 L.Ed.2d 417, 421 (1962) (\"[e]ven those nonconstitutional claims that could not have been asserted on direct appeal can be raised on collateral review only if the alleged erro... |
356172 | by distraint. Section 3224, Rev. St. (26 USCA § 154) “is general and should not be construed as abrogating, by implication, the other equitable principle which permits suit to restrain collection where not only is the exaction illegal but there exist special and extraordinary circumstances sufficient to bring the case ... | [
{
"docid": "9482247",
"title": "",
"text": "an additional penalty of $500 on retail dealers and $1,000 on manufacturers. The payment of such tax or penalty shall give no right to engage in the manufacture or sale of such liquor, or relieve anyone from criminal liability, nor shall this Act relieve any p... | [
{
"docid": "13270082",
"title": "",
"text": "and the subject matter, and concluding that the law was with the defendants and against the plaintiff. By note to counsel, the referee called attention to the case of Botta v. Scanlon, 2 Cir., 1961, 288 F.2d 504. Plaintiff has petitioned for review of the ord... |
788112 | look to the mandatory abstention provisions as a guide to whether they should exercise discretionary abstention. If most of the elements of mandatory abstention are present, they are inclined to exercise discretionary abstention. See Counts v. Guaranty Savings & Loan Assoc. (In re Counts), 54 B.R. 730, 736 (Bankr.D.Col... | [
{
"docid": "10233320",
"title": "",
"text": "The court always retains jurisdiction to review and interpret its own orders. However, even though jurisdiction continues until the case is closed and is also found through section 1142(b) to resolve post-confirmation matters, that does not necessarily mean t... | [
{
"docid": "9342722",
"title": "",
"text": "Systems, 41 B.R. 749 (Bankr.D.N.D.1984), while recognizing that mandatory abstention did not apply because the instant adversary proceeding had been filed prior to § 1334’s effective date, concluded that [ajbstention is mandatory under [§ 1334(c)(2)] where the... |
321831 | the District Court’s denial of his petition for post-conviction relief under 28 U.S.C. § 2255. In 1998, Mr. Brown was convicted of conspiracy to distribute cocaine base and sentenced to thirty years of imprisonment pursuant to the United States Sentencing Guidelines. On appeal, he argues that this sentence should be re... | [
{
"docid": "22268128",
"title": "",
"text": "HANSEN, Circuit Judge. Darius Moss appeals from the district court’s denial of his initial motion pursuant to 28 U.S.C. § 2255 to set aside his sentence. Moss argues his 360-month sentence for drug law violations was imposed in violation of the rule announced... | [
{
"docid": "21748032",
"title": "",
"text": "during which the district court made findings regarding the quantities of cocaine and cocaine base attributable to each defendant, the court sentenced Roberts to 10 life sentences and two 360 month sentences, all to run concurrently; Covington to 11 life sent... |
84859 | Government as a holder of a federal tax lien, the surety has generally prevailed. It has prevailed either upon the theory of subrogation or equitable lien or the theory that there was “no debt” owing to the defaulting contractor to which the federal tax lien could attach. In the cases next cited the-surety prevailed up... | [
{
"docid": "11121271",
"title": "",
"text": "an order dismissing that complaint as to them on the ground that it failed to state a claim upon which relief could be granted. The district judge treated that motion as a motion for summary judgment, under Rule 12(b), Fed. R.Civ.P., 28 U.S.C.A., heard argume... | [
{
"docid": "12449287",
"title": "",
"text": "after demand, the amount (including any in'terest, penalty, additional amount, or addition to such tax, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whethe... |
770382 | 1979) (award to Iowa Civil Liberties Union in Title VII case). See also Beazer v. New York City Transit Authority, 558 F.2d 97, 100 (2d Cir. 1977), rev’d on other grds., 440 U.S. 568, 99 S.Ct. 1355, 59 L.Ed.2d 587 (1979) (award under § 1988 should be calculated without regard to non-profit or public interest nature of ... | [
{
"docid": "23196769",
"title": "",
"text": "Admin.News 1976, p. 5910. The economic factors relevant to the decision as to whether fee shifting in this case would be unjust must be weighed in light of this legislative intent. Should it be determined that counsel is entitled to fees here, the amount of t... | [
{
"docid": "4460050",
"title": "",
"text": "Angeles, 8 Empl.Prac.Dec. 5047 (C.D. Cal.1974), a Title VII case in which the court said: [I]t is not legally relevant that plaintiffs’ counsel ... are employed by the Center for Law In The Public Interest, a privately funded non-profit public interest law fir... |
40809 | 'was made in good faith. In its counterclaim the defendant explicitly alleges that the controversy is “between citizens of different states and the value of the matter in controversy exceeds the sum or value of three thousand dollars ($3,000) exclusive of interest and costs, wherefore the defendant counter-claimant all... | [
{
"docid": "23267178",
"title": "",
"text": "than $2,000; and (3) That the plaintiff in his petition had fraudulently stated the value of his land, the extent of his damages and the joint character of defendant’s action in entering and taking possession of his land, and had done this for the purpose of ... | [
{
"docid": "12334632",
"title": "",
"text": "That court, one judge dissenting, held that plaintiff was “a government agency engaged in the performance of functions of the Government” and that the assessments were void. Before findings and decree were approved and announced by that court, one of the dist... |
222429 | "applicable Army regulations. We thus conclude the ABCMR did not act arbitrarily and capriciously in refusing to upgrade Green’s discharge from undesirable to honorable. Privacy Act Claim On appeal, the Secretary argues Green’s’ Privacy Act claim is barred by the statute of limitations. We agree. An action to enforce r... | [
{
"docid": "23556228",
"title": "",
"text": "separately these two appeals, we note that the complaints in each underlying action were filed pro se, and, as did the district court, we find them somewhat difficult to track. No. 83-2426 (Privacy Act) As stated, the district court granted summary judgment i... | [
{
"docid": "17631606",
"title": "",
"text": "1981. Whether Davis is correct is an issue we need not decide, however, since subsection (c) of § 1981 states that “[t]he rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State l... |
437081 | between each charterer and Seatrain, Seatrain agreed to guarantee certain payments and covenants by each charterer to the owner. Id., at 142-156. The contractual responsibilities thus were clearly laid out. There is no reason to extricate the parties from their bargain. Similarly, in the fifth count, alleging the rever... | [
{
"docid": "23163938",
"title": "",
"text": "For this reason, although we find encouragement in cases relied upon by Smith, as well as the recent decision in Lincoln Pulp & Paper Co. v. Dravo Corp., 436 F.Supp. 262 (D.Me.1977) (Pennsylvania law), we decline to treat any of them as precisely in point. Su... | [
{
"docid": "2290255",
"title": "",
"text": "as to any material fact and that the moving party is entitled to a judgment as a matter of law.” If there is a factual dispute, the appropriate judicial inquiry under Rule 56 is whether “the evidence presents a sufficient disagreement to require submission to ... |
657000 | complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). III. FCRA Claim Plaintiff argues at length that AT & T reported inaccurate information to the CR... | [
{
"docid": "23230520",
"title": "",
"text": "1681s-2(a) prohibits any person from “furnishing] any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.” Id. § 1681s-2(a)(1)(A). Congress expressly li... | [
{
"docid": "19596158",
"title": "",
"text": "results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis; and (E) if an item of information disputed by a consumer is found to be inaccurate or incomp... |
430814 | of his information but cannot meet the stringent prejudice requirements of the Due Process Clause. A. The Sixth Amendment Guarantee of a Speedy Trial. The right to a speedy trial arises only after (1) arrest or (2) official accusation. United States v. MacDonald, 456 U.S. 1, 6, 102 S.Ct. 1497, 1500-01, 71 L.Ed.2d 696 (... | [
{
"docid": "22667986",
"title": "",
"text": "view to preventing such wrong to the citizen . . . [and] in aid of the constitutional provisions, National and state, intended to secure to the accused a speedy trial” had passed statutes limiting the time within which such trial must occur after charge or in... | [
{
"docid": "13265732",
"title": "",
"text": "policy underlying the work-product doctrine ... is adequately safeguarded by the Jencks Act,” which was incorporated into Rule 26.2) but Wallace, for whatever reason, simply chose not to use those safeguarding procedures. B. Sixth Amendment Right to a Speedy ... |
696021 | with men and tend arbitrarily to deprive them of emplbyment and a fair chance to find. work. This court, on the authority of the Adkins case and with the acquiescence of all the justices who dissented from the decision, held repugnant to the diie process clause' of the Fourteenth Amendment statutes of Arizona and Arkan... | [
{
"docid": "22612258",
"title": "",
"text": "274 U. S. 380, 382; Stromberg v. California, ante, p. 359. In maintaining this guaranty, the authority of the State to enact laws to promote the health, safety, morals and general welfare of its people is necessarily admitted. The limits of this sovereign pow... | [
{
"docid": "23079262",
"title": "",
"text": "of the oral arguments and briefs of the respective parties and also of briefs submitted on behalf of States and others as amici curiae. In the. Arizona case the attorney general sought to distinguish the District of Columbia Act from the legislation then befo... |
35846 | was entered on August 26, 1991. Christia-nia appeals. We affirm in part, reverse in part, and remand this case to the district court. DISCUSSION In this diversity litigation, New York law controls. A reinsurance contract is governed by the rules of construction applicable to contracts generally. See Sun Mutual Ins. Co.... | [
{
"docid": "22371058",
"title": "",
"text": "fee. Because it found that the language of the contract was unambiguous, the district court refused to consider plaintiff’s proffer of extrinsic evidence of the parties’ intent. Hence, the $1 million discretionary bonus paid by the defendant to Sick in March ... | [
{
"docid": "15923790",
"title": "",
"text": "e.g., Seiden Assocs., Inc. v. ANC Holdings, Inc., 959 F.2d 425, 430 (2d Cir.1992). Under New York law, the question of ambiguity vel non must be determined from the face of the agreement, without reference to extrinsic evidence. Kass v. Kass, 91 N.Y.2d 554, 5... |
852277 | creditor bank, proposed to respondent that ho might best get hack “on his feet” by appointing them a committee, temporarily, to mange' his affairs. But there was nothing improper in this, or nothing inconsistent with the trust company’s present position. As to the matter of disqualification of the three petitioning- cr... | [
{
"docid": "3611260",
"title": "",
"text": "or its value from such person.” Section 60a, of the act (section 9644) defines a preference as follows: “A person, shall be deemed to have given a preference if, being insolvent, he has, within four months before the filing' of the petition, * * made a transfe... | [
{
"docid": "2370104",
"title": "",
"text": "had, must be appropriated to the payment of the partnership debts. Should any surplus of the partnership property remain after paying the partnership debts, such surplus is added to the assets of the individual partners. Section 5f of the bankrupt act. Proof o... |
201624 | . Following our decision in Hassell, several courts articulated formulations to determine when a parent-subsidiary relationship is not a “normal one” in assessing whether the two will be considered as a single employer for Title VII purposes. Among these cases is Baker v. Stuart Broadcasting Co., 560 F.2d 389 (8th Cir.... | [
{
"docid": "3325815",
"title": "",
"text": "leading case in propounding the view is Williams v. New Orleans Steamship Association, 341 F.Supp. 613 (E.D.La. 1972) . In Williams, the District of Louisiana embraced an EEOC opinion to the effect that establishments which are part of an integrated enterprise... | [
{
"docid": "22143388",
"title": "",
"text": ". The determination that an employer who employed fifteen employees should be subject to the requirements of 42 U.S.C. § 2000e was a compromise between the proponents and opponents of the original bill that was introduced in the House and Senate. As originall... |
329838 | Township would have in his not applying for them. All of Plaintiffs remaining claims, therefore, pass the second step of the test and must be considered in the third. C. Did Retaliation Cause Defendants’ Actions Against Plaintiff, and Would Defendants Have Done the Same Absent Retaliatory Motives? The Court of Appeals ... | [
{
"docid": "6695170",
"title": "",
"text": "and we therefore do not review the district court’s grant of summary judgment on that issue. . In Murray, plaintiffs speech concerned a furlough lottery instituted to determine which employees were to be laid off. The court held this \"was purely a labor relat... | [
{
"docid": "2435848",
"title": "",
"text": "claim by demonstrating that, absent the protected conduct, it would have taken the same adverse action. Id. (citations omitted). See also Reilly v. City of Atlantic City, 532 F.3d 216 (3d Cir.2008) (quoting Springer v. Henry, 435 F.3d 268, 275 (3d Cir.2006)). ... |
164395 | "our unflagging ""obligation to 'make an independent examination of the whole record' in order to make sure that 'the judgment does not constitute a forbidden intrusion on the field of free expression,' "" Bose Corp., 466 U.S. at 499, 104 S.Ct. 1949 (quoting N.Y. Times Co., 376 U.S. at 284-86, 84 S.Ct. 710 ); accord Me... | [
{
"docid": "22080650",
"title": "",
"text": "well beyond the limits established by our cases. To accept petitioner’s argument would virtually obliterate the distinction, solidly grounded in our cases, between prior restraints and subsequent punishments. The term “prior restraint” is used “to describe ad... | [
{
"docid": "1480450",
"title": "",
"text": "lawless action and is likely to incite or produce such action. . The Supreme Court has long adhered to the principle that any system of prior restraint of expression bears a heavy presumption against its constitutional validity. Southeastern Promotions, Ltd. v... |
449042 | (2) a likelihood of success on the merits or a sufficiently serious question going to the merits and a balance of hardships tipping decidedly in the moving party’s favor. See, e.g., American Postal Workers Union, AFL-CIO v. United States Postal Service, 766 F.2d 715, 721 (2d Cir.1985), cert. denied, 475 U.S. 1046, 106 ... | [
{
"docid": "7145375",
"title": "",
"text": "was left unresolved or that the plaintiff had not met her burden of proof. He ultimately concluded, “What is clear, however, is that the plaintiff has failed to make the requisite showing of irreparable harm,” id. at 18 (emphasis added). Since we conclude that... | [
{
"docid": "19835898",
"title": "",
"text": "serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting preliminary relief. See Citibank, N.A. v. Citytrust, 756 F.2d 273, 275 (2d Cir.1985) (quoting Bell & Howel... |
533454 | "CNA on August 9, 2002, stating that it had not yet received the “anticipated follow up” to CNA's July 19, 2002 letter. (AR at 38). At that time, the California DOI again requested a copy of CNA’s complete claim file. (Id.). . Defendants do not rebut plaintiff's argument that CNA did not provide these letters to Dr. Tr... | [
{
"docid": "22198617",
"title": "",
"text": "considering evidence that was not part of Equitable’s administrative record. Because Equitable did not abuse its discretion in terminating Taft’s disability benefits based solely upon that record, we reverse. REVERSED. . Equicor, a subdivision of Equitable, a... | [
{
"docid": "5797673",
"title": "",
"text": "decision for an abuse of discretion. Under that standard, the district court correctly determined that additional evidence could not be considered. In Taft v. Equitable Life Assurance Soc’y, 9 F.3d 1469 (9th Cir.1994), this court explained that “[p]ermitting a... |
798659 | in such manner as to constitute clear arbitrariness or caprice, no constitutional rights are infringed.” Breeden v. Jackson, 457 F.2d 578, 580-581 (4th Cir.1972). Should a sentenced prisoner desire to allege an infringement of his constitutional rights based upon his treatment while in prison, he should raise the issue... | [
{
"docid": "12143105",
"title": "",
"text": "to his case is correct. His further assertion that the rule was not complied with, however, is without merit. Dunlap’s presumption that “a denial of speedy disposition of the case will arise when the accused is continuously under restraint after trial and the... | [
{
"docid": "16332420",
"title": "",
"text": "at best, a dubious indicator, the Court in Schreck I gave no indication that submitting no comments at all would have constituted incompetency. United States v. Schreck, supra at 228. Assuming arguendo that this counsel did commit error, the accused has suffe... |
287578 | "745 n.21 (5th Cir. 1996). Despite Judge Niemeyer’s concern with creating a Circuit split, the Second Circuit, the Ninth Circuit, and, of course, the Seventh Circuit have all held that subclasses can be used to satisfy predominance concerns since at least 2001, two years before REDACTED dissenting)(arguing that the p... | [
{
"docid": "23323940",
"title": "",
"text": "trials the issues of damages and, in some cases, causation, as web as: 1) all claims under the South Carolina Unfair Trade Practices Act; 2) all claims alleging civil conspiracy; 3) all claims involving violations of RICO; 4) all issues that qualify each plai... | [
{
"docid": "10650225",
"title": "",
"text": "test. See Mitchell v. City of Moore, Okla., 218 F.3d 1190, 1202 (10th Cir.2000) (\"We employ the transactional approach of the Restatement (Second) of Judgments....\"); In re Intelogic Trace, Inc., 200 F.3d 382, 386 (5th Cir.2000) (holding that, in determinin... |
647330 | which heard the insurance contract case was interfered with in any manner by the fraud perpetrated by Gore. The court rejects the plaintiff’s contention that the fraud in this case presents a deliberate scheme to directly subvert the judicial process. The fraud in this case “primarily concerns the two parties involved ... | [
{
"docid": "22255662",
"title": "",
"text": "almost three years after the judgment was entered. Wood’s motion, therefore, cannot be granted under Rule 60(b)(3) Rule 60(b) also provides that a court may consider an independent action to set aside a judgment for fraud on the court. Although there is no ti... | [
{
"docid": "22955540",
"title": "",
"text": "dishonestly or fraudulently; on the contrary his loyalty to the court, as an officer thereof, demands integrity and honest dealing with the court. And when he departs from that standard in the conduct of a case he perpetrates fraud upon a court. Id. The autho... |
519769 | to the estate, and the no less legitimate expectation of the trustee-attorney to be either compensated for any extraordinary legal services at the rate customary for compensation of attorneys in bankruptcy proceedings or to be under no duty to render them. 3A Collier on Bankruptcy ¶ 62.12, at 1471, 1472 (14th ed. 1975,... | [
{
"docid": "10743995",
"title": "",
"text": "receive “any other or further compensation for his services” than that expressly authorized by the Act. 11 U.S.C. § 112. The 1938 amendment, however, changed the provision to permit receipt of compensation for services not required by the Act by adding the wo... | [
{
"docid": "22333865",
"title": "",
"text": "the Trustee. Normally, the responsibility of liquidating the assets of a bankrupt estate rests solely with the Trustee, as does the duty to submit periodic inventories and accounts. 11 U.S.C. § 75. In some circumstances, however, the assistance of counsel may... |
64982 | "establish jurisdiction under subsection (a)(1). See Flora , 362 U.S. at 176-77, 80 S.Ct. 630. But given the procedural posture of this case, we leave a definitive holding on this issue for another day. 28 U.S.C. § 1340 provides: ""The district courts shall have original jurisdiction of any civil action arising under a... | [
{
"docid": "9916775",
"title": "",
"text": "solve them. There may have been an equal number of problems that were not raised and therefore — because Congress is too busy to resolve problems that are entirely hypothetical — not provided for. It is perverse on the one hand to penalize draftsmen for having... | [
{
"docid": "16904103",
"title": "",
"text": "IRS claims for 1987 and 1988 even if there was a jurisdictional hook. Therefore, the remainder of the discussion, which details why it is inappropriate to exercise jurisdiction over the IRS claims, pertains only to the claims for the years 1989 and 1990. ii. ... |
513378 | of characteristics that indicated federal control); St. Michael’s Convalescent Hosp. v. State of Cal., 643 F.2d 1369, 1373-74 (9th Cir.1981) (rejecting argument that use of federal funds pursuant to federal regulations transformed entity into a federal agency); Rocap v. Indiek 539 F.2d 174, 177 (D.C.Cir.1976) (finding ... | [
{
"docid": "14137940",
"title": "",
"text": "44 L.Ed.2d 450 (1975) (organization’s authority to make final decisions is indicative of government-controlled, FOIA agency status, although “each arrangement must be examined anew and in its own context”). Plaintiffs generally insist that because FOIA’s sect... | [
{
"docid": "10441693",
"title": "",
"text": "Executive Office of the President, the APA conferred agency status on any administrative unit with substantial independent authority in the exercise of specific functions. Id. at 1073. Applying that reasoning, we held that the OST was an agency under FOIA. Id... |
669659 | "marks and citation omitted). . 361 U.S. 212, 219, 80 S.Ct. 270, 274, 4 L.Ed.2d 252 (1960) (invalidating defendant’s Hobbs Act conviction where indictment charged interference with interstate commerce of sand but trial court permitted conviction based on interference with interstate commerce of steel); see also Hoover,... | [
{
"docid": "23113497",
"title": "",
"text": "the prosecutor’s references to the defendants’ failure to testify and their improper questioning of various law enforcement officials constitute serious misconduct, we must now determine whether those tactics east serious doubt upon the correctness of the jur... | [
{
"docid": "9842528",
"title": "",
"text": "the defendant’s right under the Fifth Amendment to a grand jury indictment.”). Stated another way, Hoover argues that while the indictment required the government to prove that he knew his statement was false because “more than one individual told him about th... |
823119 | Richardson, supra, 403 U.S. at 377, 91 S.Ct. at 1854; Takahashi v. Fish and Game Comm’n, supra, 334 U.S. at 419, 68 S.Ct. at 1142; Hines v. Davidowitz, 312 U.S. 52, 66, 61 S.Ct. 399, 403, 85 L.Ed. 581 (1941); see also Harisiades v. Shaughnessy, 353 U.S. 72, 77 S.Ct. 618, 1 L.Ed.2d 652 (1957); United States ex rel. Knau... | [
{
"docid": "23605047",
"title": "",
"text": "their two-year exile would cause an exceptional hardship on their two children who, because of their birth in this country, are United States citizens. The waiver was denied when the Immigration Service determined that no extraordinary hardship existed. Petit... | [
{
"docid": "7855047",
"title": "",
"text": "77 L.Ed.2d 317 (1983), this plenary authority is subject to the limits of the Constitution. See, e.g., Galvan v. Press, 347 U.S. 522, 531, 74 S.Ct. 737, 98 L.Ed. 911 (1954); Carlson v. Landon, 342 U.S. 524, 533, 72 S.Ct. 525, 96 L.Ed. 547 (1952). Wfhile an ali... |
33369 | "are binding on Debtor or his creditors, nor has the Court found that Debtor has satisfied all elements listed under § 1325(a). To the latter point, Creditor argues that cases addressing motions to dismiss based on a lack of good faith in filing the petition ""rely on whether a plan had already been confirmed, as oppos... | [
{
"docid": "19075079",
"title": "",
"text": "file his motion to dismiss until October 22, 1997, after the 45-day plan objection period as outlined in LR 3015-2(D)(1) had passed. On its face, LR 3015-2(D)(1) is not applicable to motions to dismiss; the text speaks only of objections to plan confirmation.... | [
{
"docid": "15230220",
"title": "",
"text": "1325, the Court will address whether denial of confirmation or dismissal is the appropriate remedy under subsection (a)(7). Section 1325(a)(7) is a frequently debated subsection among the plan confirmation requirements set forth in § 1325. See e.g., In re Man... |
7646 | had used the proceeds from their trafficking in “controlled substances.” Ansaldi and Gates argue that the word “narcotics” has a specific meaning, given by 21 U.S.C. § 802(17), which does not include GBL. “Controlled substance,” on the other hand, refers to a larger class of substances, including controlled substance a... | [
{
"docid": "21551883",
"title": "",
"text": "challenge to his Section 924(c)(1) firearms conviction — that there was insufficient proof that a firearm was actually used during George Medina’s kidnapping — merits scant attention. George Medina gave an eyewitness account of what he saw — “He pushed my arm... | [
{
"docid": "16102022",
"title": "",
"text": "theories as to the interstate commerce element of the case, but one of those theories had never been passed on by the grand jury. Noting that “it has been the rule that after an indictment has been returned its charges may not be broadened through amendment e... |
662287 | 781, 786 (5th Cir.), cert. denied, 490 U.S. 1093, 109 S.Ct. 2438, 104 L.Ed.2d 994 (1989); United States v. Moya-Gomez, 860 F.2d 706, 752-54 (7th Cir.1988), cert. denied, 492 U.S. 908, 109 S.Ct. 3221, 106 L.Ed.2d 571 (1989); United States v. Possick, 849 F.2d 332, 341 (8th Cir.1988); Aguilar, 849 F.2d at 97-99; United S... | [
{
"docid": "16063378",
"title": "",
"text": "2219-20, 53 L.Ed.2d 168 (1977); United States v. Smith, 690 F.2d 748, 750 (9th Cir.1982), cert. denied, 460 U.S. 1041, 103 S.Ct. 1435, 75 L.Ed.2d 793 (1983), we vacate the § 846 sentences for counts one and six, which run consecutively to the § 848 CCE senten... | [
{
"docid": "7911845",
"title": "",
"text": "such legal legerdemain as “combined” convictions or conditional “alternative” sentences. In cases where district courts have failed to vacate lesser included conspiracy convictions at the time of sentencing, the majority’s practice has simply been to remand wi... |
478447 | distributors who purchase from producers in other states. Thus it has been held that society’s interest in the privacy of personal correspondence is sufficient to preclude the obscenity conviction of an individual engaged in “swapping” pornographic films with acquaintances. United States v. Dellapia, 2 Cir. 1970, 433 F... | [
{
"docid": "21889004",
"title": "",
"text": "prior decision that Fragus had no right to a prior judicial determination of obscenity in the ease at bar. II. The Supreme Court has now also affirmed the decision of a three-judge district court in Gable v. Jenkins, 309 F.Supp. 998 (ND. Ga., 1969) [CA 13001,... | [
{
"docid": "8139650",
"title": "",
"text": "and city officials have not yet had the opportunity to enforce House Bill 626. Plaintiffs’ suits thus constitute facial challenges to a statute that has yet to be authoritatively interpreted or enforced. The Supreme Court has consistently entertained facial ch... |
698814 | claim was merely an incident to the reorganization proceeding. Whatever appellants did about the claim was in effect as attorneys for the subsidiary debtor and not as attorneys for creditors. It is the duty of the court in administering the bankruptcy law to avoid double expense to the estate and before there can be an... | [
{
"docid": "23589042",
"title": "",
"text": "SWAN, Circuit Judge. On July 13, 1939, Porto Rican American Tobacco Company filed a petition for reorganization under chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq. Its-attorney was the appellant; he had been retained as its counsel for this proce... | [
{
"docid": "23045865",
"title": "",
"text": "provides: “No attorney for a receiver, trustee or debtor in possession shall be appointed except upon the order of the court, which shall be granted only upon the verified petition of the receiver, trustee or debtor in possession, stating the name of the coun... |
695898 | "States v. Rayner, 2 F.3d 286, 287 (8th Cir.1993) (relying on Unger, rejecting defendant’s contention ""that the court should look to state law to determine whether a prior sentence counts for criminal history purposes”). . The two appellate courts that have set forth generic tests for measuring similarity are the Fift... | [
{
"docid": "11035342",
"title": "",
"text": "contention that testimony regarding the statements of others cannot be used to support the enhancement is not correct. We find no error in the district court’s decision to credit the testimony of Agent Wong and accept the factual conclusions of the PSI. We, t... | [
{
"docid": "11486938",
"title": "",
"text": "‘conviction’ for purposes of 18 U.S.C. §§ 922(g) & (h) is a matter of federal law”)); accord United States v. Rayner, 2 F.3d 286, 287 (8th Cir.1993) (relying on Unger, rejecting defendant’s contention \"that the court should look to state law to determine whe... |
248637 | or four police officers (not including the officer who questioned Gaston) standing guard. There was no evidence to suggest that the police had any concern that these persons were armed, would be uncooperative, destroy evidence, or escape. Cf. Bautista, 684 F.2d at 1289-90. Under the circumstances, as “there was nothing... | [
{
"docid": "17144276",
"title": "",
"text": "the questioning of Newton falls within the “public safety” exception to the normal requirements under Miranda carved out by the Supreme Court in New York v. Quarles, 467 U.S. 649, 104 S.Ct. 2626, 81 L.Ed.2d 550 (1984). In Quarles, a woman told two police offi... | [
{
"docid": "9463115",
"title": "",
"text": "custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.” See Rhode Island v. Innis, 446 U.S. 291, 300-01, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980); see also Muniz, 496 U.S. at 600-01, 110 S.Ct. 2638; accord... |
255684 | "review thereof."" 5 U.S.C. § 702. Actions subject to review encompass ""[a]gency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court."" Id. § 704. ""[W]here a statute affords an opportunity for de novo district-court review"" of the agency action, though, AP... | [
{
"docid": "11356798",
"title": "",
"text": "despite this gap between the relief sought and the relief FOIA affords. 5 U.S.C. § 704. IV. Section 704 reflects Congress’ judgment that “the general grant of review in the APA” ought not “duplicate existing procedures for review of agency action” or “provide... | [
{
"docid": "19091921",
"title": "",
"text": "this court has held that the alternative remedy need not provide relief identical to relief under the APA, so long as it offers relief of the “same genre.” El Rio Santa Cruz Neighborhood Health Ctr. v. U.S. Dep’t of Health & Human Servs., 396 F.3d 1265, 1272 ... |
316357 | taxicab service having a capacity of not more than six passengers and not operated on a fixed route or between fixed termini.’ 3. “Each count fails to show FACTS that the operation is not one excluded from the provisions of Title 49 U.S.C.A. and-more especially paragraph b of Section 303 of Title 49 U.S.C.A.” Under the... | [
{
"docid": "22780801",
"title": "",
"text": "it arbitrarily to refuse to carry a guest upon demand. We certainly may assume that in its own interest it does not attempt to do so. The service affects so considerable a fraction of the public that it is public in the same sense in which any other may be ca... | [
{
"docid": "22988698",
"title": "",
"text": "a single municipality or of contiguous municipalities ; (5) To transportation of persons over a route wholly or partly within a national park or state park where such transportation is sold in conjunction with or as part of a rail trip or trip over a regularl... |
401743 | "See Doc. 1 at 2-3. ""[A] federal court sitting in diversity must apply the choice of law provisions of the forum state in which it is sitting."" Ace Prop. & Cas. Ins. Co. v. Superior Boiler Works, Inc. , 504 F.Supp.2d 1154, 1158 (D. Kan. 2007) ; see also Klaxon Co. v. Stentor Elec. Mfg. Co. , 313 U.S. 487, 496, 61 S.C... | [
{
"docid": "10680531",
"title": "",
"text": "also for acting negligently. See Spencer v. Aetna Life & Cas. Ins. Co., 227 Kan. 914, 611 P.2d 149, 155 (1980). In Missouri, however, to hold an insurance company liable for bad faith refusal to settle the plaintiff must provide proof that the insurer acted i... | [
{
"docid": "10589178",
"title": "",
"text": "matter of law. The court does not reach these issues because of its determination that there was insufficient evidence to support the jury’s finding. IV. New Trial Motion The defendants have moved, in the alternative, for a new trial. However, the motion for ... |
599134 | v. United States, 674 F.2d 1155, 1158 (7th Cir.1982). . Brown v. Richardson, 395 F.Supp. 185, 191 (W.D.Pa.1975). . See the general discussion of the doctrine of governmental estoppel in Portmann v. United States, 674 F.2d at 1158-60; K. Davis, Administrative Law Treatise §§ 17.01, 17.03-17.04 (2d Ed. 1 Supp. 1982); Not... | [
{
"docid": "922894",
"title": "",
"text": "that the judge ordered an investigation, however, and did not rule on petitioner’s application until it was completed, was not in error. Petitioner also asserts that he was eligible for suspension of deportation when he filed his application because his deporta... | [
{
"docid": "745085",
"title": "",
"text": "staff attorney, “did not take any exception to my interpretation and that it is his understanding that prior to September 1, 1976 upper tier oil may be computed on a tract-by-tract basis, provided the unit meets the test of the prior regulations relating to imp... |
592750 | evidence of the sergeant and the other police officer who accompanied him that George was not actually arrested, in the sense of being taken into custody, until the officers told him to accompany them to headquarters. In the first footnote to the Upshaw opinion, the Supreme Court said, “On this issue of physical violen... | [
{
"docid": "13837502",
"title": "",
"text": "an open charge. No effort was made by the arresting officers to take the men before a committing magistrate until about 5:00 or 5 :30 o’clock p. m. when an unanswered telephone call was made to the United States Commissioner’s office. From the time appellant ... | [
{
"docid": "7664670",
"title": "",
"text": "robbed it, and to make a similar change with regard to his transportation in connection with the robbery of the bank. He said that the rest of the two statements were true as he had made them the previous day. The statements above discussed were offered and re... |
649500 | plain error in the court’s grant of discretion to the probation officer with respect to the defendant’s possible participation in sex-offender treatment. 2. Reasonableness. This brings us to the defendant’s attack on the reasonableness of the sex-offender treatment condition. Refined to bare essence, the defendant argu... | [
{
"docid": "16447303",
"title": "",
"text": "are, however, several limitations on a district court’s power to fashion special conditions of supervised release. We list a few. First, a special condition must in fact be tailored to the circumstances: it can involve “no greater deprivation of liberty than ... | [
{
"docid": "9515224",
"title": "",
"text": "register under SOR-NA, there was no suggestion that the defendant had chronically failed to comply with sex-offender registration requirements, as here. See United States v. Rogers, 468 Fed.Appx. 359, 362-64 (4th Cir.2012) (per curiam). IV. The judgment of the... |
190856 | dismiss is, therefore, denied. . “The Attorney General, or any Assistant Attorney General specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant in conformity with section 2518 of this chapter an order authorizing or approvin... | [
{
"docid": "8028098",
"title": "",
"text": "set bail or to stay the commitment order pending appeal. See 28 U.S.C. § 1826(b). On-the witnesses’ emergency motions, this court found the constitutional questions raised too substantial to justify characterizing the appeals as frivolous and ordered the witne... | [
{
"docid": "20577603",
"title": "",
"text": "OPINION AND ORDER RE WIRE TAP AUTHORIZATION KENNEDY, District Judge. Defendants are charged in a two-count indictment with violating Section 1955 of Title 18, United States Code (part of the statute more commonly known as the Omnibus Crime Control and Safe St... |
745051 | claim for intentional infliction of emotional distress against Gibbons and Puhek, but insufficient as to Rogich, Young, and Campbell. Mazzeo alleges that Gibbons forcefully pinned her against a wall and told her he was going to rape her. Mazzeo also alleges that Puhek made death threats against her and her child that c... | [
{
"docid": "1440144",
"title": "",
"text": "26, 1999, Defendants filed their Form 10 which revealed that they needed to raise additional funds. (See Compl. at ¶ 63-64.) At the news of financial difficulties, the company’s stock plunged 37 percent to $7.3125 on heavy trading of 412,000 shares. (See PI. S... | [
{
"docid": "5793560",
"title": "",
"text": "Defendants assert that plaintiff has abused informa pauperis status by filing a frivolous or malicious lawsuit. Pursuant to 28 U.S.C. §§ 1915(a) and (d), the district court may, in its discretion, dismiss an in forma pauperis action if the court determines tha... |
386795 | meaning of those terms in the RICO statute. However, on the sole ground that plaintiffs were required, but failed, to allege “a separate, distinct racketeering enterprise injury”, the district court dismissed the complaint. It did not reach the arbitration question. On appeal, therefore, we are presented with the narro... | [
{
"docid": "22829692",
"title": "",
"text": "the war against organized crime and that the alteration would entail prosecutions involving acts of racketeering that are also crimes under state law. There is no argument that Congress acted beyond its power in so doing. That being the case, the courts are w... | [
{
"docid": "22375727",
"title": "",
"text": "must be caused by a RICO violation and not simply by the commission of a predicate offense .... RICO’s civil remedy provision permits a recovery to “any person injured in his business or property by reason of a violation of Section 1962,’’ ... that is, where ... |
248261 | see Federal Debt Collection Procedures Act of 1990, Pub. L. No. 101-647, § 3621(1), 104 Stat. 4933, 4964-65, and increased the period of non-dischargeability from five to seven years, see id. § 3621(2), 104 Stat. at 4965. It also applied § 523(a)(8) to Chapter 13 cases. See Student Loan Default Prevention Initiative Ac... | [
{
"docid": "16238795",
"title": "",
"text": "appealed the bankruptcy court decision to the district court, which first held that the question of whether Weinschneider’s claim against Burton was part of the bankruptcy estate raised an issue of fact, precluding summary judgment. The district court went on... | [
{
"docid": "7017110",
"title": "",
"text": "overpayments and funds received as educational benefits, scholarships, or stipends, see Federal Debt Collection Procedures Act of 1990, Pub. L. No. 101-647, § 3621(1), 104 Stat. 4933, 4964-65, and increased the period of non-dischargeability from five to seven... |
373938 | show cause. If he has, then his conviction under Arizona law qualifies as a deportable offense. Finally, we note that IIRIRA § 309(c)(4)(B)’s bar on ordering the taking of additional information under 28 U.S.C. § 2347 is not relevant here. Section 2347 concerns a party’s appeal to our court to adduce additional evidenc... | [
{
"docid": "7998666",
"title": "",
"text": "ORDER Mohammed Riad Altawil (“Petitioner”) moves this court (1) to reconsider its order, filed December 12, 1997, striking the Petitioner’s Supplemental Excerpt of Record (“Supplemental Excerpt”), or in the alternative (2) for Leave to Adduce Additional Eviden... | [
{
"docid": "22707797",
"title": "",
"text": "is that Felicitas and her family not only could, but did, relocate successfully within the Philip.pines. Petitioners do not challenge the IJ’s alternate ground for denial on review. That alternate ground for denial is supported by substantial evidence. E. Wit... |
619393 | the facts of this case because: (1) Lone Dog’s inconsistent stories were not evidence which existed at the time of trial; (2) the evidence was merely cumulative or impeaching; and (3) the evidence was not such as probably would have affected the outcome of trial. We disagree. We also think a fraud has been practiced on... | [
{
"docid": "13169897",
"title": "",
"text": "a period of more than a week. We do not underestimate the importance of requiring timely compliance with pre-trial orders. On the other hand, a trial court should not adhere blindly to the letter of the order “no matter what the reason” for a party’s non-comp... | [
{
"docid": "23016594",
"title": "",
"text": "denial of relief will produce injustice in other cases, and the risk of undermining the public’s confidence in the judicial process. Id. at 864, 108 S.Ct. 2194 (emphasis added). It may be forcefully argued that, when the underlined sentence above is read in t... |
352495 | NIES, Circuit Judge. This appeal is from the final judgment and order of the Court of International Trade in REDACTED vacated in part, No. 86-05-00606 (Ct. Int’l Trade Order Dec. 24, 1987) (Tsoucalas, J.), which required the Department of Commerce, International Trade Administration (ITA), to reinstate an antidumping... | [
{
"docid": "18898147",
"title": "",
"text": "Opinion TsouCALAS, Judge: This action is before the Court, pursuant to US-CIT R. 56.1, on cross-motions for judgment on an agency record. It raises a question of first impression regarding the Commerce De partment’s authority to revoke an outstanding antidump... | [
{
"docid": "22392906",
"title": "",
"text": "NIES, Chief Judge. These appeals challenge the antidumping duties imposed on color television receivers from Korea imported between October 19, 1983 and April 30, 1984. The decisions from the Court of International Trade to be reviewed are Daewoo Electronics ... |
554656 | supra, seems particularly apposite because there the pleading offered had to do with state ment in a cause of action against both the operator of a street car and the operator of an automobile where, upon death of the automobile driver, a new action was filed against the street car operator alone and in the second acti... | [
{
"docid": "1836627",
"title": "",
"text": "dismiss that case. The supporting affidavit of defendant’s president stated: “The respondent has abandoned its advertising that the smoke from its ‘Philip Morris’ brand of cigarettes is less irritating to the throat than the smoke from cigarettes of the other ... | [
{
"docid": "887203",
"title": "",
"text": "together with all inferences that can be reasonably drawn therefrom, there can be but one reasonable conclusion as to the proper judgment. O’Neil v. W. R. Grace & Co., 5 Cir., 1969, 410 F.2d 908; Leach v. Millers Life Ins. Co. of Tex., 5 Cir., 1968, 400 F.2d 17... |
828795 | "§ 111, such ruling would be ""substantial.” Engrafting such a statutory award on a Massachusetts common law remedy is, however, a matter for the courts of the Commonwealth, not this court. See Pyle v. South Hadley Sch., 55 F.3d 20, 22(1st Cir.1995). . The Court thus approves an in-court hourly rate of $ 240 for Zuroko... | [
{
"docid": "5439669",
"title": "",
"text": "basis of statutory -authority .... is largely discretionary with the judge, who is in the best position to determine how much time was reasonably spent on a case, and the fair value of the attorney’s services.”). The starting point for such an analysis is the ... | [
{
"docid": "7130460",
"title": "",
"text": "was actually paid to the law student. See Martinez v. Hodgson, 265 F.Supp.2d 135 (D.Mass.2003) (awarding $60.00 per hour as an appropriate rate for an unidentified number of law students in a civil rights suit). But cf. McLaughlin by McLaughlin v. Boston Schoo... |
570391 | "counts of money laundering, and was sentenced to 18 months' incarceration. Robbins pleaded guilty to 24 counts of misprision of a felony, 18 U.S.C. § 4, and was sentenced to eight months’ home confinement. . See United States v. Acosta-Colón, 741 F.3d 179, 192-93 (1st Cir.2013) (‘‘[T]he already high bar for plain erro... | [
{
"docid": "18094911",
"title": "",
"text": "indicated in open court that his client would be willing to plead guilty to and accept responsibility for the drug possession count, but for the government's refusal to drop the gun possession charge (which would, in effect, double Luciano's sentence). . At t... | [
{
"docid": "20512151",
"title": "",
"text": "related mortgage loan in which there is a borrower and a seller.” 24 C.F.R. § 3500.8(a). Among other things, the HUD-1 form is meant to \"conspicuously and clearly itemize all charges imposed upon the borrower and all charges imposed upon the seller in connec... |
850409 | in acts of unfair competition against Artus by manufacturing and selling plain, unmarked color-coded shims that are virtually identical in colors and sizes to those manufactured and sold by Artus. Before reaching plaintiff’s claims of unfair competition and false advertising under the Lanham Act and state law, we will ... | [
{
"docid": "22641675",
"title": "",
"text": "patent. An unpatentable article, like an article on which the patent has expired, is in the public domain and may be made and sold by whoever chooses to do so. What Sears did was to copy Stiffens design and to sell lamps almost identical to those sold by Stif... | [
{
"docid": "2825151",
"title": "",
"text": "take from the goods ... something of substantial value.” Id. at 933, 140 USPQ at 582. In addition to registration under section 2 of the Lanham Act, color marks have been protected by courts under section 43(a) of the Act and under state laws of unfair competi... |
620101 | Treichler v. Comm’r, Soc. Sec. Admin., 775 F.3d 1090, 1099-1100 (9th Cir. 2014). Benefits may be awarded where “the record has been fully developed” and “further administrative proceedings would serve no useful purpose.” Smolen v. Chater, 80 F.3d 1273, 1292 (9th Cir. 1996); Holohan v. Massanari, 246 F.3d 1195, 1210 (9t... | [
{
"docid": "22877659",
"title": "",
"text": "the record. See Chambliss, 269 F.3d at 522 (AU need not give great weight to a VA rating if he \"adequately explain[s] the valid reasons for not doing so\"). III In this case, the VA determined that McCartey was 80% disabled due to his depression and lower ba... | [
{
"docid": "14799285",
"title": "",
"text": "from the Commissioner’s conclusion.” Reddick v. Chater, 157 F.3d 715, 720 (9th Cir.1998); Holohan v. Massanari, 246 F.3d 1195, 1201 (9th Cir.2001). “Where the evidence can reasonably support either affirming or reversing the decision, [this Court] may not sub... |
804842 | three claims now before the court on the grounds that federal habeas review is barred by adequate and independent state procedural grounds and that the claims are, at any rate, without merit. Discussion (1) Petitioner was deprived of the opportunity to present a meaningful defense. a. Review of petitioner’s claim is no... | [
{
"docid": "22717626",
"title": "",
"text": "federal claimant failed to abide by a state procedural rule does not, in and of itself, prevent this Court from reaching the federal claim: “[T]he state court must actually have relied on the procedural bar as an independent basis for its disposition of the e... | [
{
"docid": "23520240",
"title": "",
"text": "1188 n. 40 (quoting Hathorn v. Lovorn, 457 U.S. 255, 263, 102 S.Ct. 2421, 2426-27, 72 L.Ed.2d 824 (1982)). In the direct review setting, application of the adequate and independent state ground doctrine is jurisdictional: resolution of a federal issue could n... |
524254 | at 2067 & n. 4. For example, 29 U.S.C. § 1106(a)(1) prohibits certain transactions between “parties in interest,” see swpra, note 2, and ERISA plans.... 20 F.3d at 31 (footnote omitted). The court then added: The fact that [section 406] imposes the duty to refrain from prohibited transactions on fiduciaries and not on ... | [
{
"docid": "23043294",
"title": "",
"text": "is a “party in interest” under ERISA § 3(14)(B), 29 U.S.C. § 1002(14)(B). The Act prohibits certain transactions between ERISA plans and their parties in interest. Some of the allegations in the complaint, if true, establish that Frommer participated in such ... | [
{
"docid": "12573183",
"title": "",
"text": "S.Ct. at 2070, and we therefore believe that the analysis of the one provision should apply equally to the other with respect to the question at issue. We therefore hold that section 502(a)(5) does not authorize suits by the Secretary against nonfiduciaries c... |
140224 | place of his imprisonment, but retains the domicile he had prior to incarceration.”); see also Singletary v. Cont’l Ill. Nat’l Bank & Trust Co., 9 F.3d 1236, 1238 (7th Cir.1993) (“It [citizenship] should be the state of which [the prisoner] was a citizen before he was sent to prison unless he plans to live elsewhere wh... | [
{
"docid": "22119416",
"title": "",
"text": "the court should look to the notice of removal and may require evidence relevant to the amount in controversy at the time the case was removed. See also McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189, 56 S.Ct. 780, 785, 80 L.Ed. 1135 (1936) (sta... | [
{
"docid": "22903089",
"title": "",
"text": "matter be remanded to state court because the district court did not have subject matter jurisdiction over his action. Mitchell maintains that the $75,000 jurisdictional amount required to establish diversity of citizenship jurisdiction under 28 U.S.C. § 1332... |
17271 | Dhupelia) and alleged everything included in the complaint at issue here. Shortly after dismissing this case, the district court consolidated the remaining complaints and enlisted counsel to assist Young. Even a lawyer, though, could not forestall the eventual grant of summary judgment for the defendants, and when Youn... | [
{
"docid": "17072154",
"title": "",
"text": "§ 1132(c)(3). The district court dismissed Simon’s ERISA claims on the grounds of res judi-cata and collateral estoppel, noting that Simon had brought a similar claim against the ALLCARE Plan in an earlier lawsuit filed in the Central District of California. ... | [
{
"docid": "7879348",
"title": "",
"text": "12(b)(6) motion. When the motion was called on September 25, the defendant’s lawyer duly relayed the request for a briefing schedule. The judge responded by ordering the complaint dismissed, though without prejudice. He gave no reason for the dismissal, or for... |
503080 | "been identified, and there has been no document discovery. Assuming this case reaches the summary judgment stage, Plaintiffs will be required to adduce significantly more evidence establishing that agents of the Fixing Banks violated the CEA and did so acting within the scope of their employment. . Notably, Plaintiffs... | [
{
"docid": "23092078",
"title": "",
"text": "circumstances, a plaintiff must look to other service of process provisions, notably those specified in Fed.R.Civ.P. 4 or incorporated therein from state law to satisfy this requirement. 2. Applying Section 12 to the Jurisdiction Defendants In view of this co... | [
{
"docid": "12291527",
"title": "",
"text": "HSBC, and Société Générale (collectively, the “Fixing Banks”). Plaintiffs are individuals and entities that sold physical gold, gold futures traded on the Commodity Exchange, Inc. (“COMEX”) market, shares in gold exchange-traded funds (“ETFs”), or options on ... |
511296 | number of Title VII cases, beginning with Sibley Memorial Hospital v. Wilson, 488 F.2d 1338 (D.C.Cir.1973), could perhaps be cited in support of such liability, including our own Doe on behalf of Doe v. St. Joseph’s Hospital, 788 F.2d 411, 422-23 (7th Cir.1986), and that Title VII precedents have been influential in th... | [
{
"docid": "469345",
"title": "",
"text": "of nature or otherwise fantastic, or irreconcilably in conflict with indubitable documentary or physical evidence, stipulations of fact, admissions, or evidence of equivalent certainty. See Anderson v. City of Bessemer City, 470 U.S. 564, 575, 105 S.Ct. 1504, 1... | [
{
"docid": "232848",
"title": "",
"text": "684 F.2d 769, 773 (11th Cir.1982). The district court found that Zaklama failed to prove that he was discharged by Mt. Sinai or one of its agents. The court stressed that it was Jackson Memorial that operated the residency program and employed Zaklama, not Mt. ... |
386970 | that prosecutors enjoy absolute immunity in discharging that responsibility, Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976), the courts of appeals have generally held that prosecutors acting in their investigative or administrative capacities merit only qualified immunity. See Dellums v. Powell, ... | [
{
"docid": "18055174",
"title": "",
"text": "if it determines the record warrants such a ruling in light of this opinion or to allow Nevada Bell’s good faith defense to go to the jury. See Fountila v. Carter, 571 F.2d 487, 489-90 (9th Cir. 1978); Chisholm Brothers Farm Equipment Co. v. International Har... | [
{
"docid": "22156474",
"title": "",
"text": "of evidence. At some point, and with respect to some decisions, the prosecutor no doubt functions as an administrator rather than as an officer of the court. Drawing a proper line between these functions may present difficult questions, but this case does not... |
669763 | Keogh Plan, Pension and Profit Sharing Plan, and IRA are reasonably necessary for his support and that of his dependents and thus are exempt pursuant to K.R.S. 427.150. That statute provides: (1) An individual is entitled to exemption of the following property to the extent reasonably necessary for the support of him a... | [
{
"docid": "15853875",
"title": "",
"text": "MEMORANDUM AND ORDER G. WILLIAM BROWN, Bankruptcy Judge. This matter comes before the Court on the objection of the trustee to two claimed exemptions of the debtor, specifically an exemption of the cash surrender value of life insurance policies and exemption... | [
{
"docid": "13941233",
"title": "",
"text": "debtor’s right to receive present or future payments, or payments received by the debtor, under a stock bonus, pension, profit sharing, annuity, individual retirement account, individual retirement annuity, simplified employee pension, or similar plan or cont... |
633248 | Whites argue that even if the Code was validly adopted, the existence of the Tribal Court does not defeat federal jurisdiction, because the Tribal Court does not have jurisdiction over this type of civil action involving a non-Indian. They cite the Code’s absence of an explicit jurisdictional grant in civil actions bet... | [
{
"docid": "4928172",
"title": "",
"text": "of UNC’s liability for damages caused by the Churchrock spill. Whether this action should be extended to reach a proposed class of defendants and whether a final injunction and declaratory judgment on the subject of Navajo Tribal Court jurisdiction should be i... | [
{
"docid": "23477400",
"title": "",
"text": "Indians, 595 F.2d 1153, 1154 & n.1 (9th Cir. 1979). So long as a case is pending, the issue of federal court jurisdiction may be raised at any stage of the proceedings either by the parties or by the court on its own motion. 1 Moore’s Federal Practice ¶ 0.60[... |
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