query_id stringlengths 4 6 | query stringlengths 75 2.13k | positive_passages listlengths 1 1 | negative_passages listlengths 20 20 |
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883709 | and the BIA issued its final order on October 8, 1997. Thus, the IIRI-RA’s transitional rules apply here. The IIRIRA’s transitional rules incorporate 8 U.S.C. § 1105a(e), which provided in relevant part: An order of deportation or of exclusion shall not be reviewed by any court if the alien has not exhausted the admini... | [
{
"docid": "13471796",
"title": "",
"text": "review of the exclusion hearing. The Thorsteinssons then filed the present petition for review of the Board’s denial of their request to reopen the deportation proceedings. II The admission and exclusion of aliens is a matter vested almost exclusively in the ... | [
{
"docid": "11805857",
"title": "",
"text": "determine its statutory jurisdiction to entertain Petitioner’s claim. 1. Review of a Deportation Order under the INA Statutory Provisions Under the transitional rules of IIR-IRA regarding judicial review of deportation orders, the statute provides that “the p... |
244889 | provided that Bail may be allowed pending appeal or certiorari only if it appears that the case involves a substantial question which should be determined by the appellate court, (emphasis added.) The Supreme Court amended subdivision (a) (2) in 1956 to provide for bail “unless it appears that the appeal is frivolous o... | [
{
"docid": "624760",
"title": "",
"text": "of federal law that bail after conviction and pending appeal is a remedy normally available to a prisoner. See Hudson v. Parker, 156 U.S. 277, 285, 15 S.Ct. 450, 39 L.Ed. 424. The existence of power to grant bail .is, indeed, essential for the protection of the... | [
{
"docid": "22260189",
"title": "",
"text": "amendment “greatly liberalized” the earlier' rule. Ward v. United States, 76 S.Ct. 1063, 1064-65, 1 L.Ed.2d 25 (1956) (Frankfurter, Circuit Justice). Subsequently the new rule was incorporated in the Bail Reform Act of 1966, 18 U.S.C. § 3146 et seq. (1982) (r... |
651103 | discrimination. See Cleveland v. Home Shopping Network, Inc., 369 F.3d 1189, 1194-95 (11th Cir.2004); see also Bechtel Const. Co. v. Sec’y of Labor, 50 F.3d 926, 928-31, 934-35 (11th Cir.1995) (holding that the employer’s shifting reasons demonstrated pretext inasmuch as it initially denied that the employee’s performa... | [
{
"docid": "23684194",
"title": "",
"text": "to “introduce significantly probative evidence showing that the asserted reason is merely a pretext for discrimination.” Id. at 1228. Lewis did not present any statistical evidence of discrimination and, with the exclusion of the statements attributed to Cart... | [
{
"docid": "22202951",
"title": "",
"text": "(4th Cir.2006), which recognized that a “plaintiff cannot seek to expose [an employer’s] rationale as pretex-tual by focusing on minor discrepancies that do not cast doubt on the explanation’s validity.” In Hux, a decision in which I joined, the plaintiff had... |
69868 | further alleges that Ogden and Mayor DeStefano arranged to have the disciplinary hearing stenographic record altered “in at least two critical respects,” though plaintiff does not specify what they are. Plaintiff has provided no evidentiary support for his musings that Chief Ogden or others lied, and that the Chief and... | [
{
"docid": "22669525",
"title": "",
"text": "at some time after the initial taking . . . satisfies] the requirements of procedural due process.” 451 U. S., at 539 (footnote omitted). We reasoned that where a loss of property is occasioned by a random, unauthorized act by a state employee, rather than by... | [
{
"docid": "23168525",
"title": "",
"text": "or constitutional claims the right to sue in federal court without first resorting to state judicial remedies, Monroe v. Pape, 365 U.S. 167, 183, 81 S.Ct. 473, 482, 5 L.Ed.2d 492 (1961), or state administrative remedies, Patsy v. Board of Regents, 457 U.S. 49... |
158125 | granted has power, in its discretion, to reopen the closed estate, without notice at any time [In re Rochester Sanitarium & Baths Co. (C. C. A.) 222 F. 22; In re Schreiber (C. C. A.) 23 F.(2d) 428; certiorari denied Schreiber v. Public Nat. Bank & Trust Co., 277 U. S. 593, 48 S. Ct. 529, 72 L. Ed. 1005; In re Paine (D.... | [
{
"docid": "9330427",
"title": "",
"text": "HOUGH, Circuit Judge. The power of reopening estates depends upon section 2, subd. 8, of the Bankruptcy Act. The statute presupposes that estates have been closed, and authorizes the court to “reopen them whenever it appears that they were closed before being ... | [
{
"docid": "23487047",
"title": "",
"text": "of all property in the possession of the bankrupt at the time of the adjudication in which he has any interest.. Thenceforth such property is a part of the trust estate in the legal custody of the court for the benefit of the creditors of the bankrupt and adv... |
277883 | F.2d 158, 148 A.L.R. 1045. In the case of Jennings v. United States, D.C.Va., 177 F.Supp. 597, 599, the Treasury Agent made an examination somewhat similar to that made by Agent Scott in this case, resulting in an assessment based largely upon a percentage estimate which the Court adjudged- inaccurate and unfair. The C... | [
{
"docid": "2923341",
"title": "",
"text": "which we are bound to accept, unless clearly erroneous. Fed.R.Civ.P. 52(a), 28 U.S.C. We cannot say that the trial judge, who was in a position to weigh the evidence and observe the witnesses, was clearly erroneous on this record. Aside from this, however, we ... | [
{
"docid": "771742",
"title": "",
"text": "is of his own making.” As a factual problem we are of opinion that the decision of the Tax Court is supported by the evidence and the reasonable inferences that may properly be drawn therefrom and-must be sustained unless there be some error of law as urged by ... |
326701 | Congress to exclude from interstate commerce. These arguments overlook, they disregard, the dominant, the controlling, fact that the act, though passed in aid of state purposes and powers, deals with, and only with, commerce interstate. It takes up where state power ends, and by supplementing state legislation it makes... | [
{
"docid": "23462104",
"title": "",
"text": "the Constitution is presented by the second count of the information.- That count alleges that the prison-made goods described were sold to a purchaser in Ohio for shipment via railway express from a prison in Alabama. Whether the court below intended to sust... | [
{
"docid": "8135726",
"title": "",
"text": "thereof, or a regularly licensed wholesaler or distributor of beer, malt liquor, or other intoxicating liquor, in the case of malt liquor, and other intoxicating liquor, brewed, manufactured or distilled, in this state; or, to purchase from any brewer, manufac... |
622750 | Opinion for the court filed by Circuit Judge HENDERSON. KAREN LeCRAFT HENDERSON, Circuit Judge: Jeffrey Schnitzer appeals the district court’s dismissal of his tort claim against the United States. Schnitzer was injured while serving a 29-year sentence at the United States Disciplinary Barracks (USDB), Fort Leavenworth... | [
{
"docid": "19033358",
"title": "",
"text": "Specialist Campbell. You may consider these factors only, however, for the extent to which — if any — they reflect on SPC Campbell’s truthfulness. They may not be considered in determining an appropriate sentence for SPC Schnitzer for his crimes. [Questions t... | [
{
"docid": "5275372",
"title": "",
"text": "a bad conduct discharge. Pending mandatory review by the Court of Military Review, which affirmed the sentence on April 23, 1976, Dexheimer was confined to the United States Disciplinary Barracks at Fort Leavenworth, Kansas. After receiving an honorable discha... |
107707 | then defendant could not have acted justifiably in self-defense. Justification or self-defense contemplates an intentional act to protect oneself. Accident means that the requisite intent to act for one’s own protection is lacking.” Given this exchange between the parties, we reject the argument that the New York court... | [
{
"docid": "20783488",
"title": "",
"text": "first, the judge concluded that while the prosecutor’s statement was error, it was harmless beyond a reasonable doubt when considered in the totality of the circumstances. As to the second, the judge concluded that the New York “justification” statute does no... | [
{
"docid": "1042609",
"title": "",
"text": "Nor do we think a justification charge would have affected the outcome if a jury found that the prosecution proved all the elements of second degree murder and a jury proceeded to a self-defense claim. For a jury to find that the prosecution met its burden, [i... |
702781 | "in light of the purpose served by the forum.” Good News Club, 533 U.S. at 106-07, 121 S.Ct. 2093 (internal citations, quotations omitted); see also Rosenberger, 515 U.S. at 829, 115 S.Ct. 2510 (“The State may not exclude speech where its distinction is not reasonable in light of the purpose served by the forum ... nor... | [
{
"docid": "3494388",
"title": "",
"text": "aside the question as to whether specialty license plates represent “a government-crafted message”- — and I do not believe that they do — -the proper question is not whether when the government speaks must it always allow others to speak, but whether a forum e... | [
{
"docid": "17575618",
"title": "",
"text": "News Club v. Milford Cent. Sch., 533 U.S. 98, 121 S.Ct. 2093, 150 L.Ed.2d 151 (2001); Rosenberger, 515 U.S. 819, 115 S.Ct. 2510, 132 L.Ed.2d 700; Lamb’s Chapel v. Ctr. Moriches Sch. Dist., 508 U.S. 384, 113 S.Ct. 2141, 124 L.Ed.2d 352 (1993). A In Widmar, the... |
702475 | "Inc. v. United States, 275 F.3d 1366, 1369 (Fed.Cir.2002) (“[Mlootness ... is a threshold jurisdictional issue.”), and Tech. Innovation, Inc. v. United States, 93 Fed.Cl. 276, 278 (2010) (""The mootness of a case is properly the subject of an RCFC 12(b)(1) motion.""), unth Baker, 369 U.S. at 196, 82 S.Ct. 691 (holding... | [
{
"docid": "20725254",
"title": "",
"text": "by the APA. . The source of confusion upon this point may be in part that § 701(a)(2) codifies “traditional principles of nonreviewability, ” Sec’y of Labor v. Twentymile Coal Co., 456 F.3d 151, 160 (D.C.Cir.2006), according to which a matter committed to age... | [
{
"docid": "17748049",
"title": "",
"text": "mere formalities does not relieve [his] burden to meet jurisdictional requirements.’ ” Zulueta v. United States, No. 2013-5067, 2014 WL 114201, at *2 (Fed.Cir.2014) (quoting Kelley v. Sec’y, U.S. Dep’t of Labor, 812 F.2d 1378,1380 (Fed.Cir.1987)). In evaluati... |
693558 | a price which would unjustly enrich the defendants at the expense of the city and its taxpayers had been fully accomplished before the mailings referred to in each of the last four counts of the indictment. It is well settled that it is not sufficient that the use of the mails relied upon must merely relate to the sche... | [
{
"docid": "11940433",
"title": "",
"text": "letter of credit were then sent by the Pauls Valley bank by railway express to its correspondent, Liberty National Bank at Oklahoma City, Okla., which bank forwarded it to Fort Worth National Bank of Fort Worth, Texas, for collection. The Fort Worth bank, in ... | [
{
"docid": "2592169",
"title": "",
"text": "the state authorities; that upon learning petitioner had tuberculosis and was an ex-service man drawing compensation from the Government the service officer of the local American Legion Post obtained his hospital and other records; that the state authorities c... |
152894 | solely in its capacity as a private developer and without federal financial assistance. It is the established law in this circuit that the URA definition of “program or project undertaken by a Federal agency, or with Federal financial assistance” does not encompass the situation when a private party undertakes a federa... | [
{
"docid": "13463533",
"title": "",
"text": "42 U.S.C. § 4601 et seq., but was refused such aid. It then sought a judicial declaration that it was entitled to benefits under the Act but the court dismissed its complaint and Parlane appeals. The statute extends assistance to persons displaced by the acqu... | [
{
"docid": "9877940",
"title": "",
"text": "and sanitary dwellings for lower income families. To fulfill the mandate of this Act, Congress authorized the Secretary of the Department of Housing and Urban Development to provide financial assistance to owners or prospective owners who agree to construct or... |
769815 | might not have been held liable to the defendant in the event the latter was held liable to the plaintiff because the jury might have found that the third-party defendant did not act “willfully”, but Rule 14 is clearly not limited to situations where the third-party defendant will automatically be liable to the defenda... | [
{
"docid": "13444364",
"title": "",
"text": "Code must be construed to include all those so connected with a corporation as to be responsible for the performance of the act in respect of which the violation occurred.” 8A Mertens, Federal Income Taxation § 47A.25a, at 128-29 (1964). More than one officer... | [
{
"docid": "13444368",
"title": "",
"text": "over to the defendant for all or part of the plaintiff’s recovery * However, the very wording of Rule 14 indicates that there is nothing to require that the third-party defendant be “automatically liable,” since it reads “is or may be liable.” As is stated by... |
212121 | "cause of action under a statute against a party not in violation of a statute or liable under any of its provisions. In the decisions cited by Hines, the courts determined the existence of a private cause of action against parties in violation of or liable under a statute. Eg., Transamerica Mortg. Advisors, Inc. v. Le... | [
{
"docid": "22396074",
"title": "",
"text": "in Willamette Iron Bridge Co. v. Hatch, 125 U. S. 1 (1888). There the Court held that there was no federal common law “which prohibits obstructions and nuisances in navigable rivers.” Id., at 8. Although Willamette involved private parties, the clear implicat... | [
{
"docid": "17662407",
"title": "",
"text": "Cir.1981) wherein the court expressed the following dicta: [Tjhere is considerable doubt as to whether a private right of action exists under § 17(a) of the 1933 Act. See Woods v. Homes & Structures of Pitts-burg, Kansas, 489 F.Supp. 1270, 1284-88 (D.Kan.1980... |
307148 | The plaintiff seeks an order enjoining defendant Ford Motor Company from refusing to supply to its dealers automobiles without factory-installed radios which are identical to automobiles delivered with them, i. e., having identical dashboards but with an empty compartment or hole where the radio is ordinarily installed... | [
{
"docid": "21445813",
"title": "",
"text": "CAFFREY, District Judge. This matter came on for hearing before the Court upon plaintiffs’ motion for a preliminary injunction filed pursuant to the provisions of 15 U.S.C.A. § 26. The motion seeks an order enjoining defendant Ford Motor Company from the prac... | [
{
"docid": "13415438",
"title": "",
"text": "Laramore, Judge, delivered the opinion of the court: The question in this case is whether radio antennae, designed to be attached to automobile car bodies, are taxable as “automobile parts or accessories” under the manufacturers’ excise tax provisions of the ... |
332692 | therefore hold that once a State posits a judicially enforceable right on behalf of children to needed support from their natural fathers there is no constitutionally sufficient justification for denying such an essential right to a child simply because its natural father has not married its mother.” Id., 409 U.S. at 5... | [
{
"docid": "257354",
"title": "",
"text": "Shapiro v. Thompson, 1969, 394 U.S. 618, 641-642, 89 S.Ct. 1322, 1335, 22 L.Ed.2d 600, 619; Bolling v. Sharpe, 1954, 347 U.S. 497, 499, 74 S.Ct. 693, 694, 98 L.Ed. 884. In upholding the constitutionality of Title 42, U.S.C. § 416(h)(3)(B), I would follow the ma... | [
{
"docid": "20798923",
"title": "",
"text": "S.Ct. 1209, 20 L.Ed.2d 138 (1968); Fowler v. Gage, 301 F.2d 775, 778 (1962); Poe v. Menghini, 339 F.Supp. 986, 996 (D.C.Kan.1971). To excise the dependency requirement from § 416(h) (3) (C) (ii) would completely alter the purpose, scope and operation of the S... |
507575 | "and, in lieu of argument, permitted both parties to file simultaneous supplemental briefs on the § 1693Z claim. In its supplemental brief, Propel raised two entirely new arguments on why the Court should dismiss the § 1693Z claim, one merits-based and one jurisdictional, based on standing. The Court will not address t... | [
{
"docid": "19628948",
"title": "",
"text": "82 L.Ed.2d 556 (1984)(\"personal\"); Valley Forge, supra, at 472, 102 S.Ct. 752(standing requires that the plaintiff \" 'personally has suffered some actual or threatened injury' \"); United States v. Richardson, 418 U.S. 166, 177, 94 S.Ct. 2940, 41 L.Ed.2d 6... | [
{
"docid": "12677518",
"title": "",
"text": "federal judicial power to certain ‘cases’ and ‘controversies,’ and the ‘irreducible constitutional minimum’ of standing contains three elements.” Silha v. ACT, Inc., 807 F.3d 169, 173 (7th Cir. 2015) (quoting Lujan v. Defs. of Wildlife, 504 U.S. 555, 559-60, ... |
133108 | arguable merits of the union’s proffered interpretation of a contract in order to determine whether a union breached its duty of fair representation in failing to arbitrate a grievance. Moreover, sometimes it is appropriate for the court to determine if the plaintiffs’ contractual claims are meritless as a matter of la... | [
{
"docid": "23426858",
"title": "",
"text": "upon their retirement. Defendant moved for summary judgment, arguing that no genuine issues of material fact existed since plaintiffs’ benefits did not vest under the applicable provisions of ERISA, the governing plan documents, or the collective bargaining a... | [
{
"docid": "23524760",
"title": "",
"text": "§ 1002(1). As such, his claim presents an issue of contractual interpretation, because ERISA does not require the vesting of welfare benefits. See Curtiss-Wright Corporation v. Schoonejongen, — U.S. —, —, 115 S.Ct. 1223, 1228, 131 L.Ed.2d 94 (1995); Land v. C... |
749497 | cross-examine without first informing their clients that they have a fundamental constitutional right to insist upon cross-examination and without obtaining from their clients a formal written waiver of this constitutional right. How does a poor, uneducated, non-television-watching defendant know that he has a fundamen... | [
{
"docid": "3617576",
"title": "",
"text": "was violated when her attorney stipulated to the admission of evidence without her stated waiver of such right on the record. Her argument is based on Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461, 1466 (1938), and other cases holdin... | [
{
"docid": "7056506",
"title": "",
"text": "the courtroom). The threshold issue on appeal is whether Gillenwater was denied the right to testify, and whether such denial constitutes re.versible error. We address that issue first and then turn to the waiver and harmless error issues. II. We review de nov... |
303785 | this circuit that offenses which occur within one year of the offense of conviction may be considered relevant conduct for sentencing. See United States v. Bethley, 973 F.2d 396, 400-01 (5th Cir.1992) (finding drug transactions that occurred six months prior to the offense of conviction to be relevant conduct); United ... | [
{
"docid": "22827762",
"title": "",
"text": "a \"relevant consideration.” USSG § 1B1.3 application note 9(B). As an example, the commentary cites a defendant's failure to file an income tax return in three consecutive years as part of the same course of conduct where the tax return is statutorily requir... | [
{
"docid": "23020170",
"title": "",
"text": "district court's determination of what constitutes relevant conduct for purposes of sentencing is reviewed for clear error.”); United States v. Bryant, 991 F.2d 171, 177 (5th Cir. 1993) (\"[S]pecific factual findings regarding relevant conduct are reviewed on... |
417196 | "to Dismiss at pp. 5-6. The meaning of these statements is not clear. The Court can only assume that debtors do not concede that the Illinois exemption statute is preempted by ERISA, in light of their underlying argument that the same statute entitles them to their claimed exemptions. Indeed, debtors specifically state... | [
{
"docid": "17279674",
"title": "",
"text": "here were established and maintained by the debtors individually through their own contributions rather than by an employer or employee organization. Therefore, they are not within section 1003(a) and the state law exemption is not preempted by ERISA. Debtors... | [
{
"docid": "4745811",
"title": "",
"text": "objecting parties contend that the 341 meeting of creditors has not yet been concluded, and therefore, that the time period imposed by Bankruptcy Rule 4003 has not yet started to run. By separate order dated November 21, 1990, this Court has already ruled that... |
391440 | S.Ct. 57, 19 L.Ed.2d 76 (1967). In this case, the district court had ample evidence from which to conclude that the Stevenson patent was obvious. It was therefore not required to consider secondary factors. The district court’s conclusion was not erroneous. AFFIRMED. . Foot slippage refers to the tendency of a rider’s ... | [
{
"docid": "12033330",
"title": "",
"text": "before the patent examiners. Westinghouse Electric Corp. v. Titanium Metals Corp. of America, 454 F.2d 515 (9th Cir. 1971); Exer-Genie, Inc. v. McDonald, 453 F.2d 132 (9th Cir. 1971); Pressteel Co. v. Halo Lighting Products, Inc., 314 F.2d 695, 697 (9th Cir. ... | [
{
"docid": "18909527",
"title": "",
"text": "is sometimes referred to as a spoon board or a Hobie board, after its designer, Hobie Alter. Considering the testimony of the witnesses as well as the admissions of Stevenson, who had manufactured rocker boards prior to his invention now under consideration, ... |
711991 | the term for a competing diet soda. A.J. Canfield Co. v. Vess Beverages, Inc., 612 F.Supp. 1081 (N.D.Ill.1985). The district court had concluded that “chocolate soda” was merely descriptive of the flavor but that Canfield had demonstrated that it could likely show secondary meaning so as to earn trademark protection. T... | [
{
"docid": "816898",
"title": "",
"text": "determining whether “chocolate fudge” had acquired a secondary meaning. 36. No survey however, has been presented to demonstrate whether “chocolate fudge” has established in defendant’s market a secondary meaning as to the origin of plaintiff’s product. 37. Ala... | [
{
"docid": "23528661",
"title": "",
"text": "mere chocolate soda, an established product class, suggesting that much of the demand for this soda arises because of its flavor. The term “chocolate fudge” is a common descriptive explanation of that functional difference. Accordingly, the relevant product c... |
723670 | the floor statements in favor of the bill remain uncontested.’ ” Alexander, 159 F.3d at 1325 n. 8 (quoting Garrett v. Hawk, 127 F.3d 1263, 1265 n. 2 (10th Cir.1997)). . The Garrett court held that § 1997e(a)’s exhaustion requirement applied to both claims raised in that case, but the court reversed the district court’s... | [
{
"docid": "7779475",
"title": "",
"text": "appellees violated his Eighth Amendment right to be free of cruel and unusual punishment by using excessive force against him and being deliberately indifferent to his medical needs. Appellees moved the district court to dismiss Miller’s complaint, as amended,... | [
{
"docid": "23384281",
"title": "",
"text": "enter an inmate's cell and forcibly restrain and remove him. Thomas, 2009 WL 64616, at *2. Cell extractions used to be the DOC's primary method of gaining an inmate's compliance with an order until 1999 when an inmate, Frank Valdes, died at FSP as a result of... |
400854 | government does not dispute MacDougall’s self-characterization as an offloader. Rather, the question is a legal one: at what point did importation cease? The essence of MacDougall’s argument is that the importation of hashish was complete once the contraband had crossed the United States border, which occurred in this ... | [
{
"docid": "17834933",
"title": "",
"text": "Circuit has noted, a defendant cannot “escape criminal responsibility on the grounds that he did not join the conspiracy until well after its inception [citations omitted]; or because he plays only a minor role in the total scheme.” United States v. Alvarez, ... | [
{
"docid": "23246773",
"title": "",
"text": "Cir.1983) (numerous trips and changing personnel irrelevant when constant purpose to import drugs into the United States for profit); United States v. Bridwell, 583 F.2d 1135, 1141-42 (10th Cir.1978) (seven different drug transactions over substantial period ... |
770105 | "by failing to provide a clear, written notice of the reasons for its denial of Wigod's application. Doc. 28 at ¶¶ 67-72. ICFA ""is a regulatory and remedial statute intended to protect consumers, borrowers, and business persons against fraud, unfair methods of competition, and other unfair and deceptive business pract... | [
{
"docid": "5002689",
"title": "",
"text": "Robinson, 266 Ill.Dec. 879, 775 N.E.2d at 960. A plaintiff may allege that conduct is unfair under ICFA without alleging that the conduct is deceptive. Saunders v. Mich. Ave. Nat’l Bank, 278 Ill.App.3d 307, 214 Ill.Dec. 1036, 662 N.E.2d 602, 608 (1996). While ... | [
{
"docid": "12677533",
"title": "",
"text": "the details of the agency relationship between Farmers and the Lombardi Agency are exclusively within the Defendants’ custody and control. Dolemba is not required to plead specific evidence to which he is not privy in his complaint. See Charvat v. Allstate Co... |
637152 | issue or is entitled to register it, but whether it is likely that he would be damaged if a registration of the mark were granted to appellant. Since appellee has been continuously deriving revenue from the use of the mark on confections since a time prior to its adoption by appellant, it is evident that the registrati... | [
{
"docid": "6439673",
"title": "",
"text": "oppositions on the ground that the opposers could not quality “under any of the descriptiveness clauses, geographi cal or otherwise, of Section 5” of the Trade-Mark Act of 1905, and further held the notations of appellee to he registrable as valid technical tr... | [
{
"docid": "14532664",
"title": "",
"text": "sustained the notice of opposition and denied appellee’s application for registration. Upon appeal from this decision, the Commissioner of Patents did not expressly pass upon the question of whether the goods to Avhich . the marks were applied by the respecti... |
519915 | further proceedings consistent with this opinion. It is so ordered. The INS’s immigration-enforcement functions are now handled by the Bureau of Immigration and Customs Enforcement in the Department of Homeland Security. See Clark v. Martinez, 543 U. S. 371, 374, n. 1 (2005). Although the Government has deported Lopez,... | [
{
"docid": "22399463",
"title": "",
"text": "prior conviction was a felony under applicable state law and was punishable under the Controlled Substances Act, the court held that § 2L1.2(b)(2) applied. Id. We agree with the reasoning of the First Circuit in Restrepo-Aguilar and of the four other circuits... | [
{
"docid": "23535861",
"title": "",
"text": "30 (quotation from the decision of the IJ on the merits of Wilson’s section 212(c) application). In short, as the IJ recognized, Wilson demonstrated none of the “unusual or outstanding” favorable equities that would make him likely to receive a section 212(c)... |
660456 | "United States (2) extortion, bribery, or arson in violation of the laws of the State in which committed or of the United States, or (3) any act which is indictable under subchapter II of chapter 53 of title 31, United States Code, or under section 1956 or 1957 of this title. . The Court is, of course, mindful that the... | [
{
"docid": "22476885",
"title": "",
"text": "Kahn next claims that since the transactions in question here were “isolated” and had no connection with a comprehensive scheme of interstate racketeering, application of the Travel Act, 18 U.S.C. § 1952, was improper. He relies chiefly upon Rewis v. United S... | [
{
"docid": "15349500",
"title": "",
"text": "substances, or prostitution, the Government must prove more than an isolated incident; it must prove a business enterprise. On the other hand, if the underlying offense involves extortion, bribery, or arson, then the business enterprise limitation does not ap... |
285299 | "112 S.Ct. 1311. Therefore, Grand Estates’s §§ 1962(a) and (b) claims should be dismissed because these claims, like Grand Estates’s § 1962(c) claim, fail to satisfy the ""proximate cause” requirement. Supra Part III.C. . The defendants argue that Grand Estates cannot bring claims under Sections 349 and 350 because it ... | [
{
"docid": "11170179",
"title": "",
"text": "jury had adequate evidence to support their finding identifying Schnabolk, Kalon and An-dra as an association-in-fact and as the persons who conducted the enterprise as well. We have considered appellants’ other contentions regarding the RICO claim and have f... | [
{
"docid": "9403315",
"title": "",
"text": "allegedly deceptive communication was a “complex arrangement[]” between “knowledgeable and experienced parties” and “involving large sums of money,” which was “designed to provide services tailored to meet the [Plaintiffs] wishes and requirements,” 4 K & D Cor... |
823399 | relevant market. LektroVend, 660 F.2d at 268. Courts have traditionally applied the rule of reason standard in the majority of Section 1 challenges to allegedly anticompetitive contracts, combinations and conspiracies. U.S. Trotting, 665 F.2d at 787. 2. Sherman Act Section 2 Violations Under Section 2 of the Sherman Ac... | [
{
"docid": "23454051",
"title": "",
"text": "these facts, could a rational trier of fact find that Olympia was a victim of monopolization? The offense of monopolization under section 2 of the Sherman Act requires proof of monopoly power (the power to raise prices without losing so much business that the... | [
{
"docid": "16570065",
"title": "",
"text": "of agreement). No evidence indicates that counter-defendants participated in or otherwise affected IBT’s decisions concerning the sale of listing information to Haines or other publishers. The agreement does not restrict IBT’s alternate uses of the listing in... |
869112 | exam when limitation of motion was tested. The BVA decision in this case states: “The veteran’s rheumatoid arthritis is manifested by complaints of joint pain, with no more than minimal objective findings shown on recent examinations.” This is the only language in the BVA decision that appears to comment on the appella... | [
{
"docid": "4744521",
"title": "",
"text": "v. Derwinski, 1 Vet.App. 118, 120-21 (1991); Fugere v. Derwinski, 1 Vet.App. 103, 108-09 (1990) (quotations omitted); Payne, at 87; Bentley v. Derwinski, 1 Vet.App. 28, 31 (1990). If, in considering this question upon remand, the BVA determines that venous thr... | [
{
"docid": "10148450",
"title": "",
"text": "the factors causing disability of the joints, which includes the lumbar spine, the inquiry must be directed toward, inter alia, “[p]ain on movement.” Thus, in this case, it was necessary for the BVA to address both the existence and extent of appellant’s pain... |
7500 | 1974 would be frustrated: The District cannot point successfully, however, to any “exceptional circumstance[ ]” to justify a departure from our rule that we will not hear an argument made for the first time on appeal. See Roosevelt v. E.I. Du Pont de Nemours & Co., 958 F.2d 416, 419 n. 5 (D.C.Cir.1992); see also Single... | [
{
"docid": "355763",
"title": "",
"text": "the psychiatric examination because he confronts \"a variety of solicitous, confidence-inspiring mental health professionals” who \"presentí] a therapeutic facade beneath which exists a real adversity of interests,” id. at 1158. Whichever of these incompatible ... | [
{
"docid": "21763498",
"title": "",
"text": "to address the issues in the first instance before they have been properly raised and tried in the District Court. Singleton, 428 U.S. at 121, 96 S.Ct. 2868. Given the novelty and complexity of Appellant Mandan’s claims, the materials that he asks us to revie... |
55652 | "reason that Plaintiff is unable to show any flaw in OIG's investigation is that he did not obtain the underlying investigative record in discovery. See Def.’s Reply, Ex. M, Decl. of Matthew J. Sharbaugh, ECF No. 59-2, ¶¶ 3-9. . Plaintiff originally identified a third potential comparator — Inspector Maureen Powers — d... | [
{
"docid": "12187116",
"title": "",
"text": "these provisions is that Section 4405(a) applies certain amendment prospectively, and Section 4405(b) applies others retroactively. See Motion Picture Ass’n of Am. v. FCC, 309 F.3d 796, 801 (D.C.Cir.2002) (describing the principle that “ ‘individual sections ... | [
{
"docid": "10134205",
"title": "",
"text": "for the 2010 OIG investigation. Griscavage Decl., ECF No. [43-4], ¶ 1. Plaintiff contends to the contrary' that the OIG investigation was “initiated by Tam Wyatt.” Pl.’s Opp’n at 4. In support of this proposition, Plaintiff cites to the Report of Investigatio... |
855274 | unconstitutional statute, in violation of plaintiff’s rights and to his irreparable damage, is not a suit against the state, and that ‘individuals who, as officers of the state, are clothed with some duty in regard to the enforcement of the laws of the state, and who threaten and are about to commence proceedings, eith... | [
{
"docid": "22390492",
"title": "",
"text": "those instances where the act complained of, considered apart from the official authority alleged as its justification, and as the personal act of the individual defendant, constituted a violation of right for which the plaintiff was entitled to a remedy at l... | [
{
"docid": "11470163",
"title": "",
"text": "threatened to do, for the recovery of the penalties aforesaid-. The learned District Judge sustained the demurrer to the bill and dismissed the case upon the ground that the action is, in effect, a suit against the State of Arkansas, and for that reason prohi... |
6709 | plaintiff’s motion to amend to voluntarily dismiss Herman Dziewienski from the action sub judice. The defendants move to dismiss for lack of subject matter jurisdiction based on their contention that Herman Dziewienski is an indispensable party who must be joined in this action, but because he cannot be joined without ... | [
{
"docid": "915766",
"title": "",
"text": "the action and on such terms as are just.” This court has interpreted Rule 21 to mean, “Parties of course may be dropped in order to achieve the requi site diversity of citizenship if their presence is not essential to a just and meaningful adjudication.” As in... | [
{
"docid": "22216855",
"title": "",
"text": "cannot be held that as a matter of law Manville is an indispensable party to the asbestos litigation. Under federal law, joint tortfeasors are not considered indispensable parties. Field v. Volkswagenwerk A.G., 626 F.2d 293, 298 n. 7 (3d Cir.1980); Herpich v.... |
405033 | "501(c) public charity. . The Plan also contained an Exculpation Provision, barring suits against the Released Parties for any acts or omissions in connection with the bankruptcy, and an Injunction Provision, enjoining suits in violation of either the Release or Exculpation Provision. The bankruptcy court upheld the Ex... | [
{
"docid": "17352100",
"title": "",
"text": "verity of the testimony, matters which are part and parcel of the purpose of the reference to the Master to make findings and report to the Court, are absent____ Id. at 518. The Court noted that the district court at no time had an opportunity to see the witn... | [
{
"docid": "13268443",
"title": "",
"text": "Nat’l Heritage Found., 478 B.R. at 232. B. Our review of the record shows that one factor—the possibility that NHF will have to indemnify its officers and directors for litigation expenses—weighs clearly in favor of the Release Provision. But NHF has failed t... |
503111 | Bailey suffered damages as a result of this act. The remaining issues on liability are: (1) was the destruction of Bailey’s right of first refusal unjustifiably induced? (2) who, if anyone is liable for inducing or conspiring to induce this injury? Before examining the law and evidence on these issues, the Court first ... | [
{
"docid": "21860948",
"title": "",
"text": "146 N.Y.S.2d 808 (1st Dept. 1955); Brandt v. Winchell, 283 App.Div. 338, 127 N.Y.S.2d 865 (1st Dept. 1954). “The mere fact that a series of tortious acts is part of a plan or scheme does not change the character of the liability or remedy, for traditional rel... | [
{
"docid": "17816528",
"title": "",
"text": "II alleged a similar claim for relief, on behalf of Bailey individually. Count III, a pendent claim for relief on behalf of Bailey individually, alleged that defendants had conspired to commit and committed the common law tort of intentional interference with... |
745113 | is in progress combined with the imprisonment of plaintiff for disobeying the orders offend notions of fundamental fairness and thus violate due process of law. Although the defendants’ actions do not appear improper, I need not deal with the merits of plaintiff’s contention, for this action is barred at the threshold ... | [
{
"docid": "12301720",
"title": "",
"text": "1031, 89 L.Ed. 1495 (1944), reversed the judgment of dismissal and stated that the finding that petitioner had not stated a claim on which relief could be granted was erroneous. The ground was that the defendant judge was not, under the allegations, performin... | [
{
"docid": "13108317",
"title": "",
"text": "of public policy to the end that the administration of justice may be independent and based on the free and unbiased convictions of the judge, uninfluenced by apprehension of personal consequences, it is a general rule that, where a judge has jurisdiction ove... |
21749 | where the parties simultaneously seek certification and settlement approval, require “courts to be even more scrupulous than usual” when they examine the fairness of the proposed settlement. Id. at 805. This heightened standard is designed to ensure that class counsel has demonstrated “sustained advocacy” throughout th... | [
{
"docid": "23465008",
"title": "",
"text": "Atlantic because it required the parent corporation to institute internal mechanisms to prevent improper sales and marketing methods. Lazar contends the settlement violates legal standards necessary for approval. Lazar claims Bell Atlantic (equated with its s... | [
{
"docid": "23168071",
"title": "",
"text": "Rule 23, a class action cannot be settled without the approval of the court and a determination that the proposed settlement is fair, reasonable and adequate.” In re Prudential Ins. Co., 148 F.3d at 316 (internal quotation marks omitted); see Fed.R.Civ.P. 23(... |
559883 | U.S.C. § 922(a)(6) and sentenced to 70 months imprisonment. We affirmed his conviction on direct appeal, in which Vmon raised a constitutional challenge to his convictions under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), for the first time in his reply brief. Vmon petitioned the Suprem... | [
{
"docid": "22057793",
"title": "",
"text": "ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before BIRCH, DUBINA and MARCUS, Circuit Judges. PER CURIAM: This case is before the Court for consideration in light of United States v. Booker, — U.S. —, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We previou... | [
{
"docid": "22770444",
"title": "",
"text": "ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before KING, Chief Judge, and REAVLEY and GARZA, Circuit Judges. PER CURIAM: The Supreme Court has granted Defendant-Appellant Taylor’s petition for writ of certiorari, vacated our previous judgment in thi... |
335574 | no Eighth Amendment violation because the harm inflicted was de minimis. It is unclear to me what rationale the panel uses to support its position. Does the panel opinion stand for the proposition that the sexual abuse of prisoners is not offensive to contemporary standards of decency and human dignity? Is the opinion ... | [
{
"docid": "22807912",
"title": "",
"text": "claim and there is, instead, much to support it. We therefore conclude that sexual abuse of a prisoner by a corrections officer may in some circum stances violate the prisoner’s right to be free from cruel and unusual punishment. The Eighth Amendment sets con... | [
{
"docid": "13230924",
"title": "",
"text": "the prison; and, when Paul applied modest force, Guitron remained defiant. Paul did not violate the Constitution by applying additional force. Even if “it may appear in retrospect that the degree of force authorized or applied for security purposes was unreas... |
803305 | (1981). . Tomka v. Hoechst Celanese Corp., 528 N.W.2d 103 (Iowa 1995). . Creating two subclasses consisting of privity states and non-privity states will not avoid the conflict of laws. Privity is not the only conflict. There are irreconcilable differences among the states with respect to disclaimer requirements, limit... | [
{
"docid": "14277749",
"title": "",
"text": "more connected to the performance of the contract than Ohio. iv. Location of Subject Matter of the Contract Defendant contends that Illinois was the' location of the actual subject matter of the contract, while Plaintiff argues that, because R & C retained “o... | [
{
"docid": "15733846",
"title": "",
"text": "different standards and burdens of proof with regard to plaintiffs' warranty, fraud and consumer protection claims.” In re: Ford Motor Company Ignition Switch Products Liability Litigation, 174 F.R.D. 332, 350-51 (D.N.J.1997). . The district court also may we... |
119540 | 759. Additionally, the district court [acting as an appellate court] may not make its own independent factual findings. If the bankruptcy court’s factual findings are silent or ambiguous as to an outcome determinative factual question, the district court may not engage in its own factfinding but, instead, must remand t... | [
{
"docid": "16700043",
"title": "",
"text": "bankruptcy court’s decision to determine whether its factual findings are clearly erroneous and its legal conclusions, which are subject to de novo review on appeal, are correct. Education Assistance Corp. v. Zellner, 827 F.2d 1222, 1224 (8th Cir.1987). It is... | [
{
"docid": "4024722",
"title": "",
"text": "Financial Group, 576 F.2d at 222. Therefore, the cases on which Sun relies are distinguishable because in each of those cases the bankruptcy court had either made no factual findings or ambiguous factual findings, requiring remand to the bankruptcy court. See ... |
538515 | Folsom location. Citing California law, All Professional further argues that application of the liquidated damages clause would be inappropriate in this case because Century 21 was the party that chose to terminate the franchise agreement. (Opp’n to Mot. for Summ. Adjudication at 42:7-10 (citing Postal Instant Press, I... | [
{
"docid": "18406529",
"title": "",
"text": "as to why this formula is unreasonable, other than some vague notion that it would be unfair to do so. Again, Defendants fail to meet their burden of showing that this calculation is unreasonable. Unless Defendants can proffer another persuasive argument, Rad... | [
{
"docid": "18406534",
"title": "",
"text": "the view that Sealy’s default rule does not apply when the parties have mutually agreed to a different assignment of risk via an indemnifieation/liquidated damages clause. Thus, the parties have made a valid contractual agreement that renders Sealy’s rule ina... |
563603 | manner that shocks the conscience, thereby violating his substantive due-process rights under the Fourteenth Amendment. See, e.g., Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, 96 L.Ed. 183 (1952); Geinosky v. City of Chicago, 675 F.3d 743, 750 (7th Cir.2012). Renneke’s claim fails, however, because mere oral ... | [
{
"docid": "23172793",
"title": "",
"text": "S.Ct. 2258, 138 L.Ed.2d 772 (1997)). This reluctance is grounded, in part, in the realization that “guideposts for responsible de-cisionmaking in this unchartered area are scarce and open-ended.” Collins v. City of Harker Heights, 503 U.S. 115, 125, 112 S.Ct.... | [
{
"docid": "23111870",
"title": "",
"text": "Unlike the Fourteenth Amendment, “the Fourth Amendment is specifically directed to methods of arrest and seizure of the person.” Bell, 746 F.2d at 1278 n. 87 (7th Cir.1984) (citing Garner v. Memphis Police Dept., 710 F.2d 240, 243 (6th Cir.1983), aff'd sub. n... |
769462 | or horses); Savage v. Jones, 225 U. S. 501, 529, 532 (requirement that certain labels reveal package contents); Carey v. South Dakota, 250 U. S. 118, 121 (prohibition of shipment by carrier of wild ducks); Dickson v. Uhlmann Grain Co., 288 U. S. 188, 199 (prohibition of margin transactions in grain where there' is no i... | [
{
"docid": "19177769",
"title": "",
"text": "extravagant applica tion of the language quoted to say that it could be extended to include the owner of a place of amusement who does not necessarily buy, sell or exchange merchandise or otherwise participate in commerce. Asakura v. Seattle, 265 U. S. 332, r... | [
{
"docid": "22746136",
"title": "",
"text": "regulating related matters, has purposely left untouched a distinctive part of a subject which is peculiarly adapted to local regulation, the state may legislate concerning such local matters which Congress could have covered but did not. Kelly v. Washington,... |
41477 | of 18 U.S.C. § 287 is an issue of first impression in this circuit. Four other circuits have held that materiality is not an element of § 287. See United States v. Upton, 91 F.3d 677, 685 (5th Cir.1996); United States v. Taylor, 66 F.3d 254, 255 (9th Cir.1995); United States v. Parsons, 967 F.2d 452, 455 (10th Cir.1992... | [
{
"docid": "23396575",
"title": "",
"text": "or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any • false, fictitious or fraudulent statement or entry, shall be fined not more... | [
{
"docid": "2632001",
"title": "",
"text": "the District Judge first read the language of this provision, which provides that whoever “knowingly and willfully falsifies, conceals or covers up by any trick, scheme or devise a material fact” shall be guilty of this offense. However, the District Judge did... |
186522 | have supported mandamus jurisdiction over the applicant’s complaint. Hence, Carballo’s remaining request for a review of a final decision of the Secretary must be dismissed pursuant to § 405(g). . The government also challenges plaintiffs’ contention that general federal question jurisdiction also exists over their com... | [
{
"docid": "22966398",
"title": "",
"text": "Supreme Court has recognized that totally precluding judicial consideration of constitutional issues raises serious constitutional problems. Weinberger v. Salfi, supra, 422 U.S. at 762, 95 S.Ct. at 2465, 45 L.Ed.2d at 537; Johnson v. Robison, 415 U.S. 361, 36... | [
{
"docid": "22858435",
"title": "",
"text": "(d), (e). . The Court noted in its order that PCME brought the motion for injunctive relief pursuant to Rule 62(c). No other authority for the order was offered. 440 F.Supp. at 308. . The Secretary did appeal the Rule 62(c) injunction, but not until nearly tw... |
765295 | runs from Monroe to CFC. The existence of an express trust or fiduciary relationship is tested under federal law standards. See In re Frain, 230 F.3d 1014 (7th Cir.2000). Express trusts require an explicit declaration of trust, a clearly defined trust res, and an intent to create a trust. In re Janikowski, 60 B.R. 784,... | [
{
"docid": "1199210",
"title": "",
"text": "that contemplated by § 523(a)(4): “The fiduciary relationship referred to in § 523(a)(4) has been held to be limited to express and technical trusts, neither of which the law implies from a contract.” Johnson 158 B.R. at 995 (citing In re Marchiando, 142 B.R. ... | [
{
"docid": "11410378",
"title": "",
"text": "Alleged in Count I Actual fraud asserted under § 523(a)(2)(A) requires a plaintiff to prove that (1) a fraud occurred; (2) the debtor was guilty of intent to defraud; and (3) the fraud gave rise to the debt that is the subject of the discharge dispute. McClel... |
742035 | court explained, that “re-quir[es] little more than notifying the Court of the intent to appeal.” Id. Mr. Stoffel moved for reconsideration of the Veterans Court decision, which was denied. He filed a timely appeal with us. II. Discussion We possesses limited jurisdiction to review decisions of the Veterans Court. “Exc... | [
{
"docid": "19969572",
"title": "",
"text": "these decisions provide the “rule of law” here. As noted, Willsey alleges that the Veterans Court did not, in the case below, apply the rule for determining CUE set out in Russell. The Veterans Court’s short, unpublished decision mentions Russell but makes no... | [
{
"docid": "3390920",
"title": "",
"text": "under the Equal Access to Justice Act (EAJA) because the government’s position before the court was substantially justified. Mr. Heifer contended that the government’s position before the court was not substantially justified, because the government had failed... |
576902 | company under 42 U.S.C., § 1983. The Court concludes they are not, regardless of which way the fact question above referred to might be decided. The Court makes this decision in the face of Plaintiff’s contention that Defendant acted pursuant to and in accordance with certain provisions of the Uniform Commercial Code, ... | [
{
"docid": "18288326",
"title": "",
"text": "found that Title 28, U.S.C. Section 1343, provided the requisite jurisdiction and that plaintiffs-appellants stated a claim for which relief could be granted under Title 42, U.S.C., Section 1983. Hall, et al. v. Garson, et al., 5 Cir. 1970, 430 F.2d 430. On r... | [
{
"docid": "22997320",
"title": "",
"text": "TRASK, Circuit Judge: These two cases present appeals from contrary results reached by two district courts on the question of the constitutional due process rights of debtors whose property is repossessed by self-help, without formal legal proceedings. The Ad... |
93398 | person whose signature is required. If a document is signed in violation of this rule, the court on motion or on its own initiative, shall impose on the person who signed it, the represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reason... | [
{
"docid": "12988683",
"title": "",
"text": "Rule 11 Sanctions? Judge Cordova imposed sanctions against Bamford for violating the strictures of Bankruptcy Rule 9011. That rule permits an award of sanctions against a person who signs a pleading in violation of the rule, the represented party, or both. Ba... | [
{
"docid": "13602419",
"title": "",
"text": "this proceeding. I R. tab 5. Courtesy then filed several applications for permission to employ counsel. The court held a hearing (the transcript of which is not in the appellate record) but ultimately entered two separate orders denying the applications to em... |
379863 | "traditional common law immunities and to allow functionaries in the judicial system the latitude to perform their tasks absent the threat of retaliatory § 1983 litigation."" Id. at 686-87 (footnote omitted). ""Though such suits might be satisfying personally for a plaintiff, they could jeopardize the judicial system's... | [
{
"docid": "14989220",
"title": "",
"text": "the named plaintiffs an immediate preliminary hearing to determine probable cause for further detention.” Id. at 107-08, 95 S.Ct. 854. The Court then noted: The District Court correctly held that respondents’ claim for relief was not barred by the equitable r... | [
{
"docid": "13715938",
"title": "",
"text": "search warrant, see Burns v. Reed, 500 U.S. 478, 492, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991); directing court officers to bring a particular attorney before the judge for a judicial proceeding, see Mireles, 502 U.S. at 12-13, 112 S.Ct. 286; granting a petitio... |
93675 | 878 F.2d 523, 532-33 (1st Cir.1989). But, even if retaliatory motive is established, the leader may yet escape liability by demonstrating that there is no causation between the improper intent and the restrictions on the legislator’s speech: i.e., that the legislator would have suffered the same restrictions in the abs... | [
{
"docid": "23551792",
"title": "",
"text": "as the Court of Appeals held that summary judgment was inappropriate on Lesage’s §1983 action seeking damages for the school’s rejection of his application for the 1996-1997 academic year even if petitioners conclusively established that Lesage would have bee... | [
{
"docid": "22846043",
"title": "",
"text": "and not in retaliation for the speech.” Jeffries v. Harleston, 52 F.3.d 9, 13 (2d Cir.1995). As this last element suggests, “even if the Pickering balance is resolved in the employer’s favor, the employee may still demonstrate liability by proving that the em... |
708134 | notice of appeal as required by Rule 4(b), Federal Rules of Appellate Procedure, is mandatory and jurisdictional, United States v. Stigall, C.A.6th (1967), 374 F.2d 854, 855-856 [1-3], certiorari denied (1967), 389 U.S. 885, 88 S.Ct. 159, 19 L.Ed.2d 184, it has been held: ■X* ■$£ •3v -Jf 'X* * * * The notice of appeal ... | [
{
"docid": "3692163",
"title": "",
"text": "the office had been open as required by F.R.Civ. P. rule 77(c), 28 U.S.C.A. His affidavits further assert that if, contrary to the best recollection of the clerk who mailed it, the notice was sent by regular mail rather than by air mail, then the notice of app... | [
{
"docid": "10916270",
"title": "",
"text": "of impeaching the trial testimony of a witness for the government. The Court allowed the petitioner to proceed in forma pauperis, but without a hearing, denied the motion for a hearing on August 22, 1962. 8. On October 13, 1962, the defendant filed with the C... |
271959 | Lowrance brought an action against Hacker to collect the balance. On July 31, 1987, after a three-day bench trial, the district court entered judgment for Lowrance in the amount of $39,309.30 plus interest. The court reserved judgment on the question whether Hacker’s contract with Rosen-thal required Hacker to pay Lowr... | [
{
"docid": "21597927",
"title": "",
"text": "HARLINGTON WOOD, Jr., Circuit Judge. Plaintiff Thomas J. Lowrance brought this action against Stephen J. Hacker to collect monies allegedly owed by Hacker as a result of Hacker’s commodity trading activities. Hacker raised the affirmative defense of accord an... | [
{
"docid": "11792179",
"title": "",
"text": "the reasonable expectations of the parties. Schek v. Chicago Transit Auth., 42 Ill.2d 362, 247 N.E.2d 886 (1969); National Distillers & Chem. Corp. v. First Nat’l Bank of Highland Park, 804 F.2d 978, 982 (7th Cir.1986). We can conceive of no reason why Rosent... |
315029 | by Rule 4(f), but on the other hand they meant to implement and enlarge the service of process * * outside the territorial limits of the district * * *. In this light these subsections of Rule 4 are not in conflict with each other but consistent, and should thus be construed.” [17 F.R.D. at 425], We also agree that “th... | [
{
"docid": "21217697",
"title": "",
"text": "the cause to the District Court for further proceedings on the sole issue of whether Northern was subject to the jurisdiction of the District Court. lSomewhat to our surprise, Northern made no attempt to secure amendment of its prior pleadings which admitted ... | [
{
"docid": "21998621",
"title": "",
"text": "summons forwarded in registered mail envelope, restricted delivery to Puryear, at his Memphis, Tennessee business address was returned with the notation of “unclaimed” on the envelope. . Rule 12(b), F.R.Civ.P.: . Rule 12(h)(1) provides: . Stavang v. American ... |
115977 | to recognize and enforce an arbi-tral award notwithstanding a previous set-aside of the award by a court in the seat of the arbitration). Whether a secondary-jurisdiction court has discretion to enforce an award that has already been set aside in the primary jurisdiction, or under what circumstances enforcement of an a... | [
{
"docid": "3545563",
"title": "",
"text": "accept that there is no basis in the law for attacking the award has come at a cost to the party with whom Harbert entered into the arbitration agreement and to the judicial system. In litigating this case without good basis through the district court and now ... | [
{
"docid": "20499185",
"title": "",
"text": "to Annul or Suspend the Arbitration Award DRC has established that neither the Republic nor FHIS in fact filed an action in Honduras to annul or suspend the arbitration award rendered against FHIS. See Stay Brief at 15-16, 22-23; see also DRC Supp. Reply at 5... |
176864 | B.R. 588 (Bankr.M.D.Ga.2006). Judge Leif M. Clark presumed that debtor’s counsel was a Debt Relief Agency in In re Mendoza, 347 B.R. 34, n. 6 (Bankr.W.D.Tex.2006). However, he did not find a violation of any Debt Relief Agency requirement and therefore awarded no relief under § 526. Judge Adams also concluded that debt... | [
{
"docid": "7213914",
"title": "",
"text": "of 11 U.S.C. §§ 526, 527 and 528 in the first instance, and the applicability of those statutes to attorneys who are licensed to practice law, regulated by the laws of the state wherein they are admitted, and admitted to practice in United States Bankruptcy Co... | [
{
"docid": "3323973",
"title": "",
"text": "attorney for the debtor for the period from June 30, 2007 to December 31, 2007. If the application is granted, the dividend being paid on unsecured claims will be reduced from approximately 80% to approximately 55%. . The actual terms used by the statute are \... |
596242 | DISCUSSION “We review the district court’s imposition of the terms and conditions of supervised release for an abuse of discretion.” United States v. Boston, 494 F.3d 660, 667 (8th Cir.2007). We recognize that the district court is afforded wide discretion in imposing supervised release conditions. Id. The district cou... | [
{
"docid": "23343800",
"title": "",
"text": "10. The defendant shall submit his person, residence, office or vehicle to a search, conducted by a United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a ... | [
{
"docid": "23493804",
"title": "",
"text": "leaves, or resides in, Indian country” and, (3) knowingly failed to register or update a registration as required by SORNA. A sex offender shall register, and keep the registration current, in each jurisdiction where the offender resides, where the offender i... |
658261 | have been but had not been secured. GTC claimed that “The fact that the joint arrangement was in violation of law was of overwhelming importance and would have materially crippled the appeal” of the Proxy Statement, and that “At the least * * * this Court should adjourn the Annual Meeting, vacate the proxies obtained b... | [
{
"docid": "11639813",
"title": "",
"text": "to by the defendants and the Commission would in effect merely require the Committee to supply all stockholders who furnished proxies to them with material correcting the misstatements complained of in its complaint. To decree that the stockholders who gave t... | [
{
"docid": "3360644",
"title": "",
"text": "in fashioning equitable remedies to see that justice is done. The main harm the parties have caused has been to deprive shareholders of the opportunity to make a decision on how to cast their votes on the basis of timely, accurate, and comprehensible informati... |
65121 | ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Id. at 646 (internal quotations and citations omitted). Because the Order effectively terminated the litigation between the parties, it is final. Accordingly, we have jurisdiction. STANDARD OF REVIEW A bankruptcy court’s... | [
{
"docid": "3027771",
"title": "",
"text": "DEASY, Bankruptcy Judge. I. JURISDICTION AND STANDARD OF REVIEW The Bankruptcy Appellate Panel has jurisdiction of this appeal pursuant to 28 U.S.C. § 158(b). The Bankruptcy Court’s findings of fact are evaluated pursuant to the “clearly erroneous standard” of... | [
{
"docid": "4583093",
"title": "",
"text": "final judgments, orders, and decrees pursuant to 28 U.S.C. §§ 158(a)(1) and (c)(1) or, with leave of the court, from interlocutory orders and decrees pursuant to 28 U.S.C. §§ 158(a)(3) and (c)(1). See In re Bank of New England Corp., 218 B.R. at 645. An order ... |
169955 | to him, this Court is compelled to conclude that he has satisfied the “solicitation” prong of the “solicitation-plus” rule. Here, the plaintiffs affidavit clearly states that Mark Athletic, through Mark and Pfeffer, has “personally and regularly called on its customers and potential customers located in the State of Ne... | [
{
"docid": "15242570",
"title": "",
"text": "the state. When considering this criteria, the facts presented by plaintiff fail to establish that Schmitt Co.’s presence in New York is sufficiently continuous and substantial to warrant the exercise of jurisdiction pursuant to § 301. As previously noted, Sc... | [
{
"docid": "5893814",
"title": "",
"text": "898 F.2d 304, 306 (2d Cir.1990). If the applicable statute of the forum state allows the court to exercise personal jurisdiction, the court must then determine whether the constitutional standards of due process are met. Id. Because this lawsuit does not arise... |
746300 | the Rehabilitation Act of 1973 Defendant’s basic contention appears to be that the conduct of defendants cannot be challenged by a private action under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. This argument is plainly mistaken. Under prevailing authority, a private right of action does exist to e... | [
{
"docid": "16447935",
"title": "",
"text": "K. K. HALL, Circuit Judge: Frances B. Davis, a Licensed Practical Nurse (“LPN”), appeals from a final judgment entered against her in a civil action filed under the Civil Rights Act of 1871, 42 U.S.C. § 1983, and under Section 504 of the Rehabilitation Act of... | [
{
"docid": "20332039",
"title": "",
"text": "- U.S. -, 101 S.Ct. 1830, 68 L.Ed.2d 175 (1980); National Ass’n for the Advancement of Colored People v. The Medical Center, Inc., 599 F.2d 1247, 1258-59 (3d Cir. 1979); Davis v. Southeastern Comm. College, 574 F.2d 1158, 1159 (4th Cir. 1978), rev’d on other ... |
390959 | decision of August 1958 with respect to 1942 is binding and res judicata in the present case, even though the defendant may not have raised in that proceeding any question as to the prior abatement under the Current Tax Payment Act. That decision bars further litigation not only on those aspects of the 1942 tax which w... | [
{
"docid": "4645701",
"title": "",
"text": "deficiency was mailed? In my opinion, it did. The statement of claim says plainly enough that the parties stipulated that the plaintiff’s “correct tax liability” was $26,046.54, and that upon this stipulation the Board entered its order. The Government does no... | [
{
"docid": "12974975",
"title": "",
"text": "that in so far as the plaintiff’s suit was based on the allegation that the Board of Tax Appeals acted without competent authority, the court below did not have jurisdiction. The matter had been before the Board and that precluded a suit in any court for the ... |
473900 | 626(d), which provides: No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Secretary. Such a charge shall be filed— (1) within 180 days after the alleged unlawful practice occurred. Mr. Leff was discharged by defenda... | [
{
"docid": "7649240",
"title": "",
"text": "26 U.S.C. § 626(d) to notify the Secretary of Labor of his intent to sue at least 60 days prior to filing suit and within 180 days of the alleged discriminatory event. The district court granted Western Union’s motion and dismissed the complaint with prejudice... | [
{
"docid": "5665678",
"title": "",
"text": "after the alleged act of unlawful discrimination occurred. Plaintiff did not file a charge of sex discrimination with the EEOC prior to the institution of this suit. Plaintiff alleges, however, that in May 1980, she attempted to file this charge but the Housto... |
723159 | applicable where, as here, federal jurisdiction is bottomed on diversity of citizenship. 6. The location of the parties, the convenience of prospective witnesses, and the accessibility of evidence. See, e.g., Anastasi Brothers Corp. v. St. Paul Fire & Marine Insurance Co., 519 F.Supp. 862, 864 (E.D.Pa. 1981). 7. The re... | [
{
"docid": "14816578",
"title": "",
"text": "(1972), have been complied with. See also, Scherk v. Alberto-Culver Co., 417 U.S. 506, 518-19, 94 S.Ct. 2449, 41 L.Ed.2d 270 (1974); National Equipment Rental, Ltd. v. Szukhent, 375 U.S. 311, 84 S.Ct. 411, 11 L.Ed.2d 354 (1964); Fireman’s Fund American Ins. C... | [
{
"docid": "15258732",
"title": "",
"text": "and Chemical Corp., 324 F.Supp. 156, 158-59 (S.D.N.Y.1971). In the instant action, the litigation of related cases in Pittsburgh leads this Court to conclude that defendants’ motion should be granted. Plaintiff argues that various unique circumstances compel ... |
14992 | cause, not the pleadings filed by the pro se litigant. In the instant case, it is all of Defendant’s own pro se pleadings which are at issue. In Johnson the client confirmed the use of another attorney to draft his pro se pleadings while in the instant case Defendant vehemently denies this allegation. Defendant maintai... | [
{
"docid": "7254763",
"title": "",
"text": "1969). We are disquieted by yet another facet of plaintiff’s approach to these proceedings. An unverified statement brought to our attention is to the effect that an attorney (or attorneys) have been, and still are, actively assisting him with legal advice and... | [
{
"docid": "9827957",
"title": "",
"text": "404 U.S. at 520-21, 92 S.Ct. 594. We determine that the situation as presented here constitutes a misrepresentation to this court by litigant and attorney. See Johnson, 868 F.Supp. at 1231-32 (strongly condemning the practice of ghost writing as in violation o... |
178983 | late 1982 and early 1983, or whether the interest debt was incurred only when it became due each month. If the interest debt was incurred back in 1981, then section 547(b) allows the trustee to avoid the payments to Borden. But if the interest debt was incurred for the first time as it came due at the end of each month... | [
{
"docid": "7868192",
"title": "",
"text": "first half of the month in May, June, and July, 1980, for the interest which accrued in each of the preceding months. Shortly after IPSCO made the payment in July for the June interest the Bank learned of IPSCO’s insolvency. On July 31, 1980, IPSCO filed a vol... | [
{
"docid": "23132688",
"title": "",
"text": "No defendant has convinced the Court that each element of this exception applies to his payments. Of all the defendants, only the Waitons put in evidence that one of their notes was executed, and hence the obligation to pay incurred, no more than 45 days befo... |
651030 | issue applies to them as it does to the psychiatric hospitals. . Moreover, another decision has recognized that the NJDEP is entitled to Eleventh Amendment immunity as an arm of the State, see, e.g., Woodland Private Study Group v. State of N.J., Dept. of Env. Protection, 616 F.Supp. 794, 799-800 (D.N.J.1985), vacated ... | [
{
"docid": "16475881",
"title": "",
"text": "actions differ. All are Class Members in MDL 551. The Classes, and the scope of claimants, coincide. This situation differs, therefore, from that in National Super Spuds, Inc. v. New York Mercantile Exchange, 660 F.2d 9 (2d Cir.1981), where the reviewing cour... | [
{
"docid": "22279022",
"title": "",
"text": "by its own citizens in federal court is not absolute; a state may waive its immunity and consent to suit in federal court by giving an “unequivocal indication” that it consents to suit in federal court. Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 238 and... |
620800 | was formerly the practice of courts to dismiss such causes, construing every intendment against the pleader; but now the courts recognize the fact that it is more important to determine the issues than the formality of pleadings, provided, of course, that the facts alleged in, the bill of complaint entitle the plaintif... | [
{
"docid": "4213961",
"title": "",
"text": "& Co. v. United States, 196 U. S. 375, 395, 25 Sup. Ct. 276, 279 (49 L. Ed. 518), which was an action under the Sherman Anti-Trust Act, held: “Whatever may be thought concerning the proper construction of the statute, a bill in equity is not to be read and con... | [
{
"docid": "21032374",
"title": "",
"text": "the state court was authorized to ester its order, for substituted or constructive service of process; and that upon the service made pursuant to such order, the state court acquired jurisdiction of the subject-matter, and when the cause was removed to the Un... |
376114 | "As noted, it is unclear whether any or all of these teams were in existence at the time plaintiffs were students, or more specifically, when UC Davis implemented the “wrestle-off"" policy in Fall 2001. As this court has noted in numerous orders, plaintiffs never tried out for the men’s varsity wrestling team after Fal... | [
{
"docid": "6108610",
"title": "",
"text": "became more concerned as a result of the publicity that arose from an article published in a Georgia newspaper. The article made light of the fact that Duke had a female football player and caused Goldsmith to express a belated concern that Mercer’s presence o... | [
{
"docid": "18256422",
"title": "",
"text": "during plaintiffs tenure, in the year leading up to plaintiffs dismissal, the opportunities for women wrestlers declined as a result of roster caps that were implemented to reduce costs and to balance the number of male and female varsity athletes at UCD. (Id... |
269539 | not actually motivate the adverse employment action. Smith v. Chrysler Corp., 155 F.3d 799, 805-06 (6th Cir.1998); Manzer v. Diamond Shamrock Chem. Co., 29 F.3d 1078, 1084 (6th Cir.1994). The first method is essentially an attack on the credibility of the employer’s proffered reason. Manzer, 29 F.3d at 1084. It consist... | [
{
"docid": "23040327",
"title": "",
"text": "evidence that ADP had a reasonable basis to be dissatisfied. This court has adopted an “honest belief’ rule with regard to an employer’s proffered reason for discharging an employee. Smith v. Chrysler Corp., 155 F.3d 799, 806-07 (6th Cir.1998). Under this rul... | [
{
"docid": "20385803",
"title": "",
"text": "to be ‘a pretext for discrimination’ unless it is shown both that the reason was false, and that discrimination was the real reason”). Therefore, the plaintiff was required to offer evidence from which a jury could reasonably reject the defendants’ stated rea... |
468167 | demonstrate that the alleged property deprivation continues up to the time that plaintiff filed her initial Complaint. However, in the opinion granting defendant’s Motion to Dismiss, this Court noted that even if defendant “continued still” to withhold her property, the fact that the employer refused to remedy the alle... | [
{
"docid": "7628938",
"title": "",
"text": "of the alleged discriminatory event. See 29 C.F.R. § 1614.105(a)(1). A plaintiffs administrative complaint is untimely unless it is brought within the 45-day limitations period, or unless the plaintiff establishes a basis for equitable tolling. See id. § 1614.... | [
{
"docid": "5923929",
"title": "",
"text": "— was simply “the present consequence” of a time-barred act of discrimination: hiring the plaintiff at a discriminatory initial wage rate. Id. at 448; see also United Air Lines, Inc. v. Evans, 431 U.S. 553, 558, 97 S.Ct. 1885, 1889, 52 L.Ed.2d 571 (1977). The ... |
685615 | MEMORANDUM Seal A appeals the sentence imposed following his guilty plea conviction for conspiring to engage in racketeering activities and committing a violent crime in aid of racketeering in violation of 18 U.S.C. §§ 1962(d) and 1959(a)(5). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the legality o... | [
{
"docid": "23365818",
"title": "",
"text": "refusal to plea). The district court did not err by concluding that Murphy failed to prove an unconstitutional motive. We also conclude, for reasons similar to those described above, that the government’s decision to withhold a § 5K1.1 motion was not arbitrar... | [
{
"docid": "22869209",
"title": "",
"text": "file and that the court compel the government to file. The district court subsequently denied Moore’s motion to compel in its entirety, concluding that Moore signed a plea agreement that gave the United States sole discretion to decide if it would move for su... |
800773 | with the result; perhaps no one is completely satisfied. Yet, there must be an end to every dispute so that the parties may go on with their lives unburdened by the demands and risks of litigation, and the court may turn its attention to other cases. After two decades of litigation, that point has been reached. This ca... | [
{
"docid": "2075193",
"title": "",
"text": "PER CURIAM: Hirotoshi Yamamoto appeals from a partial summary judgment granted by District Judge King sitting as the bankruptcy court. Yamamoto initially claimed we lacked jurisdiction over this appeal and he claims that Judge King should be disqualified from ... | [
{
"docid": "18591148",
"title": "",
"text": "FERGUSON, Circuit Judge: These three consolidated appeals arise out of a complicated series of transactions, in and out of court, over the last decade. William Ellis and parties roughly aligned with him in interest, in various combinations, appeal from three ... |
68852 | review the evidence and not simply rubber-stamp the Commissioners decision. Clifford, 227 F.3d at 869. III. Discussion Benefits are available only to those individuals who can establish disability under the terms of the Social Security Act. Estok v. Apfel, 152 F.3d 636, 638 (7th.Cir.1998). Under section 423(c)(1)(B)(1)... | [
{
"docid": "23185147",
"title": "",
"text": "the record. Her physical complaints during this time period related almost exclusively to problems with her hip, and not to her neck impairment which she claims as her disability. In fact, her spinal condition appeared to improve during this period, and the p... | [
{
"docid": "6848694",
"title": "",
"text": "evidence, or deciding questions of credibility. See Diaz, 55 F.3d at 305, 308; Luna v. Shalala, 22 F.3d 687, 689 (7th Cir.1994); Cass v. Shalala, 8 F.3d 552, 555 (7th Cir.1993). No one disputes that Estok currently suffers from fibromyalgia and may now be tota... |
132825 | in appropriate circumstances, may recover punitive damages.” However, a debtor cannot succeed on a § 362(h) claim without alleging harassment or coercion. See Divane v. A & C Elec. Co., 193 B.R. 856, 859 (N.D.Ill.1996); In re Hazzard, 1995 WL 110588 at *2 (Bankr.N.D.Ill.1995) (holding that there exists “a need to find ... | [
{
"docid": "6503174",
"title": "",
"text": "to the state court judge before first obtaining permission here to pursue the citation. As earlier noted, Debtor testified that even more questions about his finances were asked by Mr. Howe. That testimony was credible despite denials by Mr. Howe. However, we ... | [
{
"docid": "18775484",
"title": "",
"text": "stay provided by this sec tion shall recover actual damages, including costs and attorneys’ fees, and in appropriate circumstances, may recover punitive damages. 11 U.S.C. § 362(h). “By using the words ‘shall recover,’ Congress intended that the award of actu... |
498543 | "argues that he cannot be liable for fraudulent conveyances because the transfers did not prejudice Acequia's creditors. Aside from being factually questionable (the magistrate judge concluded that ""[t]here is no question that the withdrawals occurred and that creditors] (both secured and unsecured), ... were harmed_”... | [
{
"docid": "15221110",
"title": "",
"text": "machine. Instead, Terminal deposited it and the Bank applied the money to Terminal’s pre-existing indebtedness. This was the basis of the trustee’s fraudulent transfer claim. For recovery the trustee relied on section 67d(2)(d) of the Bankruptcy Act, 11 U.S.C... | [
{
"docid": "18897653",
"title": "",
"text": "is not entitled to the remedy of setting aside [the debtor]’s conveyance ... as fraudulent ... [and] does not have an interest in the outcome of the appeal.” Id. at 466 (citation omitted). In this case, on the other hand, Acequia continues to pursue section 5... |
54777 | "found that the defendant refused to accept responsibility for his complete role in his offense. The district court did not clearly err in deciding not to grant the defendant a two-point reduction for acceptance of responsibility. Conclusion The district court did not clearly err in calculating the drug amount under U.... | [
{
"docid": "6932751",
"title": "",
"text": "favor of the defendant those conflicts about which the judge, after weighing the evidence, has no firm conviction.” Franco-Torres, 869 F.2d at 801. The district court’s reliance on the presentence report rather than “defendant’s version of the facts” thus is n... | [
{
"docid": "16635171",
"title": "",
"text": "961 F.2d 685 (7th Cir. 1992), is misplaced. In Trussel we affirmed the district court’s decision to deny the defendant an acceptance of responsibility reduction because the defendant had attempted to withdraw his guilty plea and did not admit his full role in... |
343029 | part provides : “Any delinquent registrant * * * may be classified in or reclassified into Class I-A, Class I-A-0 or Class I-O, whichever is applicable, regardless of other circumstances * * * ” . At the time of the filing of the complaint, appellant had received an Order to Report for Induction, SSS Form 252, but the ... | [
{
"docid": "22064640",
"title": "",
"text": "Ill), which provides: “No judicial review shall be made of the classification or processing of any registrant by local boards, appeal boards, or the President, except as a defense to a criminal prosecution instituted under section 12 of this title, after the ... | [
{
"docid": "22676507",
"title": "",
"text": "construction leaves § 10 (b)(3) unimpaired in the normal operations of the Act. No one, we believe, suggests that § 10 (b)(3) can sustain a literal reading. For while it purports on its face to suspend the writ of habeas corpus as a vehicle for reviewing a cr... |
852908 | of Kentucky for a writ giving him relief from an indictment pursuant to which Kentucky officials had lodged an interstate detainer against petitioner. The Court upheld the jurisdiction of the Kentucky federal court because petitioner’s Alabama custodian “acts as agent for the demanding State, and the custodian State is... | [
{
"docid": "23189066",
"title": "",
"text": "not the sentence, and is cognizable in habeas corpus. We do not dismiss petitioner’s action here only upon the failure to allege a justiciable case under § 2255. Petitioner’s first § 2255 motion in Arkansas was filed pro se, and we will liberally review the f... | [
{
"docid": "22129711",
"title": "",
"text": "had not yet begun to serve. And it also enabled a petitioner held in one State to attack a detainer lodged against him by another State. In such a case, the State holding the prisoner in immediate confinement acts as agent for the demanding State, and the cus... |
288589 | "578 (3d Cir. 2012) ; 3d Cir. L.A.R. 31.3. However, there is no hybrid-representation case involving an appellant who, like Johnson, filed a pro se brief with our permission and later filed a counseled brief after we appointed an attorney. Therefore, the usual rule against hybrid representation does not apply. In addit... | [
{
"docid": "23508988",
"title": "",
"text": "(3d Cir.1991) (finding waiver because “[n]owhere in the ‘Statement of the Issues Presented’ or the ‘Argument’ section of plaintiffs appellate brief are [the district court’s] conclusions questioned”). For these reasons, “we usually refrain from addressing an ... | [
{
"docid": "22701704",
"title": "",
"text": "original complaint. Accordingly, the prison officials argue that we should dismiss Grant’s appeal for failure to comply with Rule 28(a) of the Federal Rules of Appellate Procedure. Although we liberally construe briefs of pro se litigants and apply less strin... |
851625 | was fully aware.” The court rejected Maria’s youth as a factor to support a variance, noting that many drug dealers are the same age. The court then discussed the § 3553(a) factors and found that they either supported a Guidelines sentence or were neutral, at best, but that none supported a variance. Because the distri... | [
{
"docid": "22875672",
"title": "",
"text": "of their sentences. We will begin with Orlando’s appeals, and in so doing, we will also reach the merits of some of the other defendants’ appeals. II. Severance Joseph Orlando contends his trial should have been severed from that of co-defendant Victor Samaha... | [
{
"docid": "5962354",
"title": "",
"text": "to the jury beyond a reasonable doubt”). In this case, Brown and Doerr do not claim that their sentences exceeded the statutory maximum allowable based on the jury’s findings. Therefore, based on the totality of the evidence presented against Brown and Doerr a... |
301578 | standard. Strict scrutiny applies when the classification affects a fundamental interest or a suspect class. Public education is not a right created by the Constitution, and, therefore, is not a fundamental interest. Plyler v. Doe, 457 U.S. 202, 221, 102 S.Ct. 2382, 2397, 72 L.Ed.2d 786 (1982); San Antonio Indep. Sch. ... | [
{
"docid": "23646701",
"title": "",
"text": "that there is no such presumption operative at MIB. Visually impaired persons have held supervisory and nonmanual labor positions at MIB in the past and continue to do so today. Even if there were some “presumption” as to the inability of these people to hold... | [
{
"docid": "13756759",
"title": "",
"text": "(10th Cir.2001). Summary judgment is proper only if the evidence, reviewed in the light most favorable to the party opposing the motion, demonstrates that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as ... |
333843 | grant of summary judgment is reviewed de novo. Id. Likewise, the court’s interpretation and application of the Bankruptcy Code and state law are reviewed de novo. Ruskin v. DaimlerChrysler Servs. N. Am., L.L. C. (In re Adkins), 425 F.3d 296, 298 (6th Cir.2005); Van Aken v. Van Aken (In re Van Aken), 320 B.R. 620, 623 (... | [
{
"docid": "7992028",
"title": "",
"text": "Bushey), 210 B.R. 95, 98 (6th Cir. BAP 1997). Furthermore, a bankruptcy court’s interpretation of the Bankruptcy Code is reviewed de novo. In re Troutman Enters., 253 B.R. at 10. De novo review means that the issue is decided as if it had not been heard before... | [
{
"docid": "14787096",
"title": "",
"text": "Schramm (In re Schramm), 431 B.R. 397, 399 (6th Cir. BAP 2010) (citing Wicheff v. Baumgart (In re Wicheff), 215 B.R. 839, 840 (6th Cir. BAP 1998)). The bankruptcy court’s order granting the Trustee’s motion for turnover is also a final, appealable order. Bail... |
256296 | is settled law in this circuit that Rule 42(a) empowers the district court to order consolidation for pre-trial purposes. MacAlister v. Guterma, 263 F.2d 65, 68 (2d Cir. 1958). However, this power is not unharnessed and such extraordinary relief should be granted only under compelling circumstances and when attempts to... | [
{
"docid": "8222773",
"title": "",
"text": "17 (S.D.N.Y.1958). This relief is designed to avoid a needless waste of time, money and effort and to expedite the litigation. The defendants will have had their full opportunity to cross-examine the deponents in the Lober action (Cf. Rule 26(d)) and the right... | [
{
"docid": "1276515",
"title": "",
"text": "the substantive claims made, there is also offered the distinct argument that consolidation of the many actions arising out of the EFCA fraud into one amended complaint is not within the power of this Court. Fed.R.Civ.Pro. 42(a) provides: “When actions involvi... |
335887 | short of statutory right; or without observance of procedure required by law.”). The burden of persuasion on these issues falls upon the party challenging the validity of the rule. Defendants contend that the SEC exceeded its rulemaking authority in two respects: (1) imposing liability on the basis of mere possession o... | [
{
"docid": "22728861",
"title": "",
"text": "and the price of shares rises. In this case, as in warehousing, a buyer of securities purchases stock in a target corporation on the basis of market information which is unknown to the seller. In both of these situations, the seller’s behavior presumably woul... | [
{
"docid": "3081222",
"title": "",
"text": "105 S.Ct. 2458, 2464, 86 L.Ed.2d 1 (1985). After reviewing what was available, the Court explained that Section 14(e) adds a ‘broad antifraud prohibition’ modeled on the antifraud provisions of § 10(b) of the Act and Rule 10b-5. It supplements the more precise... |
638262 | of authority.” United States v. Garcia, 56 F.3d 418, 422 (2d Cir.1995) (internal quotation marks and citations omitted). McNeice’s permit application provided express consent for town officials to enter and inspect his property in connection with the building laws. His letter of August 13, 2010, partially revoked conse... | [
{
"docid": "15917375",
"title": "",
"text": "the Fourth Amendment. Plaintiffs Anobile, Omboni, Rahner, George Fulfree and Richard Ful-free were subject only to these types of searches, which we have concluded were within the parameters of the regulation. The claims of these plaintiffs therefore must fai... | [
{
"docid": "14719570",
"title": "",
"text": "de novo, construing the evidence in the light most favorable to the non-moving parties] and drawing all reasonable inferences in [their] favor.” Allianz Ins. Co. v. Lemer, 416 F.3d 109, 113 (2d Cir.2005). “[S]ummary judgment is appropriate where there exists ... |
220429 | (8th Cir.1991), cert. denied, 503 U.S. 985, 112 S.Ct. 1670, 118 L.Ed.2d 390 (1992) (claim against third party seller of plan financial program preempted by ERISA); First Nat. Life Ins. Co. v. Sunshine-Jr. Food Stores, Inc., 960 F.2d 1546, 1550 (11th Cir.1992), cert. denied, 506 U.S. 1079, 113 S.Ct. 1045, 122 L.Ed.2d 35... | [
{
"docid": "3565592",
"title": "",
"text": "context. On the contrary, Congress in passing the statute expected that “a federal common law of rights and obligations under ERISA-regulated plans would develop.” Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 56, 107 S.Ct. 1549, 1557, 95 L.Ed.2d 39; accord Fir... | [
{
"docid": "23211425",
"title": "",
"text": "are cases that have taken a contrary position. In Consolidated Beef Indus., Inc. v. New York Life Ins. Co., 949 F.2d 960 (8th Cir.1991), cert. denied, 503 U.S. 985, 112 S.Ct. 1670, 118 L.Ed.2d 390 (1992), an employer sued an insurance professional for misrepr... |
809247 | "relief from the judgment without properly considering whether amendment of the complaint was allowable -under Rule 15(c) or, alternatively, whether the statute of limitations should be subject to equitable tolling, we reverse and remand for further proceedings. On remand, the district court should carefully consider a... | [
{
"docid": "23173767",
"title": "",
"text": "because the record did not contain contradictory evidence on this point, we cannot say that this “new evidence” is such that a new hearing on defendant’s motion to dismiss “would probably produce a new result.” Walus, 616 F.2d at 288. McKnight’s real complain... | [
{
"docid": "8889029",
"title": "",
"text": "in the decision not to preserve the video. Braeey lost at trial. He now appeals both the denial of his motion to recruit counsel and the denial of his motion for spoliation sanctions. II. Discussion A. The District Court Did Not Abuse Its Discretion in Denying... |
187843 | caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased or another would result; (2) whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; and (3) if raised by ... | [
{
"docid": "2139174",
"title": "",
"text": "-, 107 S.Ct. 837, 841-42, 93 L.Ed.2d 934 (1987) (O’Connor, J., concurring) (discussing the “tension” between “the two central principles of our Eighth Amendment jurisprudence”). Turning back to the Texas sentencing procedure, we see that the jury is to respond... | [
{
"docid": "14758002",
"title": "",
"text": "that he questioned Hewitt any less aggressively as a result of the alleged representation than he otherwise would have done. In fact, Hewitt told the judge in a bench conference that he specifically waived his attorney-client privilege so that the lawyer coul... |
571311 | these claimants, by .this hond, an additional protection, which would become the ordinary and primary one, and usually would be sufficient, and to do this without diminishing the obligation of the government to see that these claims were paid, as far as that result could be accomplished by the funds which it retained. ... | [
{
"docid": "22543648",
"title": "",
"text": "if any, of the United States or the laborers or material-men, and also that if the Guar-, anty Company is entitled to subrogation to any right of the United States Government arising through the building contract, the bank can make no claim by reason of the a... | [
{
"docid": "11189250",
"title": "",
"text": "ordinary and primary one, and usually would be sufficient, and to do this without diminishing the obligation of the government to see that these claims were paid, as far as that result could be accomplished by the funds which it retained. In that event the eq... |
38097 | under the Fourteenth Amendment is brought pursuant to 42 U.S.C. § 1983, and “require[s] a two-step analysis.” Doherty v. City of Chicago, 75 F.3d 318, 322 (7th Cir.1996); see also Greco v. Guss, 775 F.2d 161, 170 (7th Cir.1985). First, the court must determine whether N&N has been deprived of a protected interest; seco... | [
{
"docid": "22821842",
"title": "",
"text": "process clause sense. The statement that a liquor license is not property may have been intended just to emphasize these limitations, which appear in section 1 of the Liquor Control Act right after the statement. So we must look behind labels, cf. Quinn v. Sy... | [
{
"docid": "7599279",
"title": "",
"text": "POSNER, Circuit Judge. These appeals are from the dismissal, on the defendants’ motion for summary judgment, of a suit under section 1 of the Civil Rights Act of 1871 (now 42 U.S.C. § 1983) against Chicago’s (former) mayor and liquor control commissioner. The ... |
715690 | MEMORANDUM Sham Shadq Begum, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s denial of her application for asylum, withholding of removal and relief under the Convention Against Torture (the “CAT”). We lack jurisdiction to review the... | [
{
"docid": "22679134",
"title": "",
"text": "is “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (quoting 8 U.S.C. § 1105a(a)(4)). The BIA’s decision can be overturned “only ... | [
{
"docid": "22299419",
"title": "",
"text": "he “would see no problem about granting his application in the exercise of discretion.” The IJ therefore denied Shire’s application for asylum, withholding of deportation, and relief under the CAT, and ordered Shire deported to Somalia. The BIA affirmed, expr... |
642948 | of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The BIA found that Perez failed to establish a prima facie case for withholding of deportation or asylum. To establish a prima facie case for withholding of deportation a petitioner must, inter alia, show a clear probability of persecution, and... | [
{
"docid": "5261982",
"title": "",
"text": "relative visa, which were filed at the same time. The BIA denied Petitioner’s motion to reopen. The Board ruled that the unadjudicat-ed visa petition did not establish that he was entitled to the relief he sought because his status may only be adjusted if he e... | [
{
"docid": "23599705",
"title": "",
"text": "asylum as a refugee. She alleges that since her deportation proceedings, she has been active in an anti-Khomeini organization and would be persecuted for such conduct upon her return to Iran. The BIA found that she had not established the prima facie showing ... |
63167 | a number of areas, at a level considerably above Chris’ level. 46. Due to Chris’ age and size, it is appropriate that Chris matriculate to high school during the upcoming academic year. Accordingly, Plaintiff requests that Chris be placed in the MIMH class at Norcross High School, while Defendant seeks to implement its... | [
{
"docid": "22751927",
"title": "",
"text": "(1987), and now affirm. II At the outset, we address the suggestion, raised for the first time during oral argument, that this case is moot. Under Article III of the Constitution this Court may only adjudicate actual, ongoing controversies. Nebraska Press Ass... | [
{
"docid": "23100885",
"title": "",
"text": "22 at 389, 394-95 (discretion should look to impact of a decision on the merits on the necessity for future litigation. The amenability of a fact pattern to definitive resolution would imply that future litigation might be minimized by taking jurisdiction). .... |
20545 | and operated, by the spouse of an individual who voluntarily surrendered his company’s supplier license (rather than try to rebut a long catalogue of dishonest and illegal conduct) and who told lottery officials that he hoped to remain in the field of Michigan charitable gaming, and it was formed just before the husban... | [
{
"docid": "17285399",
"title": "",
"text": "indicating that fewer outlets were operating in the area and that Henry had obtained work permits, thus demonstrating a willingness to do the repairs that Herró had not. Subsequently, on May 16,1994, the district judge granted summary judgment for defendants ... | [
{
"docid": "17285403",
"title": "",
"text": "348 (7th Cir.1992) (“the state’s act of singling out an individual for differential treatment does not itself create the class”) (emphasis in original), affirmed, — U.S. -, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994). It is true that older eases from this Circuit s... |
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