query_id stringlengths 4 6 | query stringlengths 75 2.13k | positive_passages listlengths 1 1 | negative_passages listlengths 20 20 |
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113765 | than penal, it does not abate upon the death of a defendant pending direct appeal. Asset, 990 F.2d at 214. Moreover, this court must review the defendant’s criminal conviction to determine whether the non-abated restitution order was properly awarded. United States v. Mmahat, 106 F.3d 89, 93 (5th Cir.1997). Whether thi... | [
{
"docid": "2227030",
"title": "",
"text": "19, 1987, see United States v. Minor, 846 F.2d 1184, 1188 (9th Cir.1988), brought a motion in the district court claiming that the portion of his sentence stating that on his death any unpaid balance of his restitution payments were due and payable violated 18... | [
{
"docid": "2485346",
"title": "",
"text": "sanctions that are designed to punish the defendant, that purpose can no longer be served. See, e.g., United States v. Dudley, 739 F.2d 175, 177 (4th Cir.1984) (“shuffling off the mortal coil completely forecloses punishment, incarceration, or rehabilitation, ... |
511022 | cause previously made in this case, if any, should control the issuance of a certificate under § 2465: As a general matter, in order to forfeit property under 21 U.S.C. § 881, the government must show a reasonable ground for belief that the defendant property was connected with illegal drug activity. See United States ... | [
{
"docid": "2218119",
"title": "",
"text": "facts and to frame a responsive pleading,’ ” Pole No. 3172, Hopkinton, 852 F.2d at 638 (quoting Supplemental Rule E(2)(a)). Once the government presents enough evidence at trial to establish probable cause to believe that the defendant property is connected wi... | [
{
"docid": "5140466",
"title": "",
"text": "19 U.S.C. secs. 1595-1627a, and the Supplemental Rules for Certain Admiralty and Maritime Claims to govern such actions. Because these procedural rules are both difficult to apply to section 881 actions and are not “easily applied in concert with each other,” ... |
20108 | in the process of being collected. Cal.Code Civ.Proc. § 700.140(c). .In re Anderson, 72 B.R. 495 (Bankr.D.Minn.1987) (Kressel, J.); In re Karamitsos, 88 B.R. 122 (Bankr.S.D.Tex.1988) (Mahoney, J.); In re Padilla, 84 B.R. 194 (Bankr.D.Colo.1987) (Brumbaugh, J.); In re Mendiola, 99 B.R. 864, 868 (Bankr.N.D.Ill.1989) (Bar... | [
{
"docid": "1149937",
"title": "",
"text": "of the debts even if not listed or scheduled. The only exception under Padilla is for an unlisted or unscheduled creditor whose claim arises under § 523(a)(2), (4), or (6). In such a situation, the court may reopen a closed case for the limited purpose of givi... | [
{
"docid": "2240057",
"title": "",
"text": "who failed to list a creditor loses the jurisdictional and time-limit protections of Sections 523(c) and Rule 4007(b) [sic, should be 4007(c)] with respect to that creditor. In re Mendiola, 99 B.R. at 868 n. 6. The result is that a debtor who fails to schedule... |
790769 | litigated. If a defendant could do so, the. plaintiff would be master of nothing. Congress has long since decided that federal defenses do not provide a basis for removal. Id. at 400, 107 S.Ct. 2425 (citations and footnotes omitted). As the Supreme Court explained in Caterpillar, complete preemption is an exception to ... | [
{
"docid": "20496918",
"title": "",
"text": "for purposes of the well-pleaded complaint rule. Id. (citation omitted). The doctrine is applied primarily where a plaintiff asserts claims that are preempted by § 301 of the Labor Management Relations Act (“the LMRA”), 29 U.S.C. § 185(a). See id. Section 301... | [
{
"docid": "4193596",
"title": "",
"text": "allegations and the labels used to describe her claims and ... evaluate the substance of plaintiffs claims.” Paul v. Kaiser Found. Health Plan, 701 F.3d 514, 519 (6th Cir.2012) (emphasis in original). Although complete preemption sweeps away many state-law the... |
478646 | which we have cast considerable doubt (see text supra on the liability of the Government of the Virgin Islands) — would have accrued on October 12, 1978, the date that the criminal proceedings were resolved in Deary’s favor. . See Garcia v. Wilson, 731 F.2d 640, 642-51 (10th Cir.1984) (summarizing position taken by eac... | [
{
"docid": "23183281",
"title": "",
"text": "be construed in only two ways: as an appeal from an administrative determination or as an appellate action “in the nature of a de novo proceeding.” In either case, the school authorities maintain, the relevant state limitations period, which should likewise a... | [
{
"docid": "22950570",
"title": "",
"text": "1983 cases and chose instead to look to the relief sought and the particular injury alleged. A claim alleging bodily injury was governed by the two year Pennsylvania statute but one which was more akin to a contract action came under the six year limitation. ... |
47199 | acts. The Court had no need to determine whether the informant in Defendant’s case was in the process of assisting law enforcement at the moment of the assault; it merely needed to determine that the assault occurred on account of the informant’s assistance. On the information presented, it was clear that it had. 2. As... | [
{
"docid": "21029855",
"title": "",
"text": "incident and in which Coe described Street’s obscene statements in virtually the same terms that he testified to at trial. Street contends that the report was improperly admitted because it was hearsay that did not come within any of the recognized exceptions... | [
{
"docid": "38529",
"title": "",
"text": "another, or by a threat to inflict injury upon the person of another which, when coupled with an apparent present ability, causes a reasonable apprehension of immediate bodily harm.” United States v. Joe, 831 F.2d 218, 220 (10th Cir.1987). However, such a defini... |
54140 | "to his [or her] compensation, terms, conditions, or privileges or employment, because of such individual's race, color religion, sex or national origin. 42 U.S.C. § 2000e-2(a). . Hicks and Futrell acknowledge the potential of cross-examination to undermine an employer's ostensible legitimate non-discriminatory reasons... | [
{
"docid": "23190527",
"title": "",
"text": "asserting that it “typically does not have the same motive to cross-examine hostile witnesses in the grand jury that it has to cross-examine them at trial.” Brief for United States 11. This is so, the Gov ernment maintains, because (1) cross-examining the wit... | [
{
"docid": "5725046",
"title": "",
"text": "that the jury could use the answers to evaluate his credibility. The sanction was a measured means to serve an important purpose, especially in light of Williams’ opportunity the next morning to answer the questions and have the sanction withdrawn. Whether a w... |
579690 | exception applies. Mr. Hohn contends that the exception does not apply because at the time the officers employed the battery-powered GPS device there was no binding appellate precedent in this circuit from which they could reasonably have concluded their conduct was lawful. We disagree. For purposes of the good-faith e... | [
{
"docid": "22346694",
"title": "",
"text": "Justice Rehnquist delivered the opinion of the Court. A beeper is a radio transmitter, usually battery operated, which emits periodic signals that can be picked up by a radio receiver. In this case, a beeper was placed in a five-gallon drum containing chlorof... | [
{
"docid": "2401400",
"title": "",
"text": "(2013); United States v. Pineda-Moreno, 688 F.3d 1087, 1090-91 (9th Cir.2012) cert denied, — U.S.--, 133 S.Ct. 994, 184 L.Ed.2d 772 (2013). Several district courts have also applied the good faith exception to allow evidence obtained from pre-Jones warrantless... |
552667 | before it received the money. There was no segregation of any part of the insurance money prior to its payment to the debtor; the creditor never had control over it until February 6th; and there was no actual depletion of the debtor’s assets until that time. Partial assignments are not enforceable at law in Ohio, where... | [
{
"docid": "23300916",
"title": "",
"text": "assignee of part of a credit or of a chose in action founded thereon cannot maintain, without the assent of the debtor, an action at law thereon, because a creditor may not split his cause of action and subject the debtor to the annoyance of several actions t... | [
{
"docid": "13452732",
"title": "",
"text": "L. Ed. 909]; Beecher v. Lewis, 84 Va. 630, 6 S. E. 367; Walters v. Bank, 76 Va. 12, 19. The principle is almost universal that jurisdiction of the subject-matter does not depend upon the ultimate existence of a good cause of action in the particular case. Whe... |
362869 | 811 F.2d 484, 487 (9th Cir.1987). Since Rule 4007(c) and 4004(a) are “procedural” in nature, the time limits set forth therein are specifically governed by the Bankruptcy Rules. 3. When the bar date falls on a Saturday, Sunday, or legal holiday, a motion to enlarge the time in which to file complaint to determine disch... | [
{
"docid": "1200405",
"title": "",
"text": "was granted a 30 day extension of time in which to file its complaint. If the 30 days are counted from the date of the hearing, August 6, 1987, the date of the 30th day of the period in which the complaint could be filed was September 5,1987. September 5, 1987... | [
{
"docid": "13928609",
"title": "",
"text": "OPINION MOOREMAN, Bankruptcy Judge: The Debtor appeals the bankruptcy court’s orders denying three separate motions to dismiss the appellees’ nondis-chargeability complaints and complaints objecting to discharge. We affirm. FACTS On September 10, 1987, the De... |
622427 | 752, 758-60 (9th Cir.2001); Nehme v. INS, 252 F.3d 415, 430-32 & nn. 19-20 (5th Cir.2001). Thus, we affirm the BIA’s conclusion that Gomez-Diaz is an alien. B. Aggravated Felonies Section 1252(a)(2)(C) of Title 8 of the U.S.Code provides that “no court shall have jurisdiction to review any final order of removal agains... | [
{
"docid": "11448486",
"title": "",
"text": "8 U.S.C. § 1251(a)(2)(B)® (originally enacted as Immigration and Nationality Act (INA), ch. 477, § 241(a)(2)(B)®, 66 Stat. 163) (current version at 8 U.S.C. § 1227(a)(2)(B)®). The Board dismissed Sandoval’s appeal through a per curiam opinion issued in July 1... | [
{
"docid": "23342836",
"title": "",
"text": "that “[a]ny alien who is convicted of an aggravated felony at any time after admission is deportable.” Therefore, § 1252(a)(2)(C) generally eliminates our jurisdiction to review any final order of deportation against an alien convicted of an aggravated felony... |
596740 | District Courts. Finally, Berardi argues that it was error to charge him with $24,001 of unsubstantiated business expenses. Berardi offers a chart that purportedly demonstrates mathematical miscalculations on the part of the auditor, but his chart is itself replete with errors and provides no reason to question the aud... | [
{
"docid": "23327541",
"title": "",
"text": "tax return, General Dynamics filed an amended return, claiming it was entitled to deduct its reserve as an accrued expense, and seeking a refund. The IRS disallowed the deduction, and General Dynamics sought relief in the Claims Court. The Claims Court sustai... | [
{
"docid": "13367408",
"title": "",
"text": "into for profit, though not connected with the trade or business.” Section 118 of the same act (26 U.S.C.A. § 118 note) provides that no deduction for the loss shall be allowed under the above section 23(e)(2), “where it appears that within thirty days before... |
800775 | cert. denied sub nom., Yamamoto v. Klenske, 479 U.S. 1064, 107 S.Ct. 948, 93 L.Ed.2d 997 (1987). . Appellant Kulalani also appeals the court’s denial of its request for a jury trial. However, by its own admission, Kulalani neither held title nor possession of the Silversword Inn at the time of trial. Thus, we see no ba... | [
{
"docid": "113566",
"title": "",
"text": "EUGENE A. WRIGHT, Circuit Judge: This is an appeal from an order dismissing an amended complaint on the ground that the United States was an in-. dispensable party to the litigation. The appellant, an Indian tribe acknowledged by the government pursuant to stat... | [
{
"docid": "4690519",
"title": "",
"text": "is characterized as one for ejectment, which is legal in nature. See Fort Mojave Tribe v. Lafollette, 478 F.2d 1016, 1018 n. 3 (9th Cir.1973); see also Navajo Tribe of Indians v. New Mexico, 809 F.2d 1455, 1462 n. 15 (10th Cir.1987). In this case, Corey, who i... |
715090 | in its overall conception. * * * The reaction which [it] inspires is simply that of the usual, useful and not unattractive piece of kitchenware.” 294 F.2d 696. It is true that a presumption of validity attaches to the issuances of a patent; but this presumption is rebuttable. Blisscraft of Hollywood v. United Plastics ... | [
{
"docid": "23394245",
"title": "",
"text": "the standard applied in Lincoln Engineering Co. v. Stewart-Warner Corp., quoted supra, and rejected the argument that since two courts had made findings of fact' in favor of the alleged invention the Supreme Court should not undertake to review them. It said ... | [
{
"docid": "17229865",
"title": "",
"text": "S. Time Corp., supra, 165 F.2d at p, 854. On the other hand, competition must be “fair” both to the consumer, and so far as possible, to the trade. Consumer protection has been limited (in this context) to the prevention of confusion, i. e., the customer shou... |
642836 | or complaints by other current or former” employees, including the Postiglione suit. Id at 2. In this regard, it appears that the parties’ briefs speak somewhat past one another; Crossmark focuses on- the 'potential use of such testimony to make out a substantive violation of the FLSA, while Garcia limits the proposed ... | [
{
"docid": "8945978",
"title": "",
"text": "additional compensation, in violation of Mr. Hurcomb’s advice. In 2007, a group of field employees sued Pure Energy for its violation of the FLSA, based on, inter alia, its failure to pay sufficient overtime. See Condos v. Pure Energy Servs. (USA), Inc., 07-CV... | [
{
"docid": "20400846",
"title": "",
"text": "dumping superfluous, unexcerpted exhibits in the court file is improper, and contravenes the Local Rules' directive that \"[i]f discovery materials are germane to any motion or response, only the relevant portions of the material shall be filed with the motio... |
542488 | City filed suit against Cross Harbor claiming that the company illegally buried environmentally hazardous materials at the Bush Terminal Yards. In 2000, the City also completed work on its own modern floatbridge facility at 65th Street, a short distance from Cross Harbor’s. Cross Harbor has not been able to gain access... | [
{
"docid": "21558829",
"title": "",
"text": "Opinion for the court filed by Circuit Judge HENDERSON. KAREN LeCRAFT HENDERSON, Circuit Judge: Petitioner Consolidated Rail Corporation (Conrail) seeks reversal of the issuance by the Interstate Commerce Commission (ICC or Commission) of a certificate of aba... | [
{
"docid": "17393248",
"title": "",
"text": "in the additional deep channel areas would drop below Maryland water quality standards, rendering aquatic life virtually impossible. The second aspect of the Project is the terminal itself, which includes facilities to process the approximately 3.7 million cu... |
373613 | seeing the settlement approved. Here, the parties move jointly for final approval of the settlement. While the court is disinclined to give this factor much weight, the favorable views of counsel do support settlement. The reaction of class members to the proposed settlement, or perhaps more accurately the absence of a... | [
{
"docid": "23546235",
"title": "",
"text": "decision about the Settlement is not clearly erroneous. d.The Experience and Views of Counsel The district court did not discuss whether counsel for Plaintiffs were experienced and competent; however, the record confirms that they were and no one asserts othe... | [
{
"docid": "17662940",
"title": "",
"text": "objectors. Only a handful of managed care companies and a small number of self-funded third party payor plans, totaling fourteen third party payors, have opted out of United Wisconsin. Similarly, only seventeen have opted out of Arkansas Carpenters. See, e.g.... |
485397 | Cir., 263 F. 554; Maher v. Chicago, M. & St. P. Rail way Co., 7 Cir., 278 F. 431, 434; Cook Paint & Varnish Co. v. Hickling, 8 Cir., 76 F.2d 718, 721. See Central Vermont Railroad Co. v. White, 238 U.S. 507, 512, 35 S.Ct. 865, 59 L.Ed. 1433, Ann.Cas.1916B, 252; First National Bank v. Liewer, 8 Cir., 187 F. 16, 18. They... | [
{
"docid": "22236729",
"title": "",
"text": "away with the jury altogether (Chicago, Rock Island & Pacific Ry. Co. v. Cole, 251 U. S. 54, 56), but in view of its nature and effect, the rule cannot be regarded as one that relates merely to practice or to a “ form ” or “ mode of proceeding.” The provision... | [
{
"docid": "22109299",
"title": "",
"text": "294-295, 42 S.Ct. 477, 66 L.Ed. 943; Schwartzman v. Southern Air Lines, D.C.Neb., 6 F.R.D. 517; U. S. v. Fritz Properties, D.C.Cal., 89 F.Supp. 772, 777-778 ; Bamhard, Primary Jurisdiction and Administrative Remedies, 30 Georgetown L.Rev. (1942) 545, criticiz... |
90281 | which a reasonable jury can infer that (1) the credit reporting agency reported inaccurate or misleading information; (2) the consumer reporting agency failed to use reasonable procedures to compile information with maximum accuracy; (3) the plaintiff was actually injured; and (4) the consumer reporting agency’s action... | [
{
"docid": "17222201",
"title": "",
"text": "summary judgment and dismissed all of Stewart’s claims. Its order cited Stewart’s failure to “rebut ... defendant’s uncontradicted affidavits and exhibits” showing that CBI did reinvestigate the disputed information, and CBI did not rely on its inaccurate cre... | [
{
"docid": "14462001",
"title": "",
"text": "unless there are no genuine issues of material fact for trial. Fed. R.Civ.P. 56(c); See Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The movant must demonstrate the lack of a genuine issue of fact for trial, and if that burde... |
502889 | or in delivering it personally to the jail office on July 19, 1972. 4. The evidence does not show that there was any defect in the record system used in the jail which caused the delay in releasing Walter Anderson from confinement. Based upon the foregoing findings of fact the Court concludes that Plaintiff has failed ... | [
{
"docid": "23565515",
"title": "",
"text": "April 7, 1972, the date of his release. Bryan brought an action in the Northern District of Texas seeking damages under 42 U.S.C. § 1983 for false imprisonment. The jury rendered a special verdict finding: (1) Sheriff Jones failed to make a reasonable and tim... | [
{
"docid": "22194621",
"title": "",
"text": "the following Wednesday without being taken before a magistrate. Upon his release, he sued the sheriff of Wilbarger County for false imprisonment. The sheriff defended on the grounds that he had not taken part in the false arrest and, in fact, had not even kn... |
100439 | denying the petition for a writ of habeas corpus is affirmed, upon the authority of Salinger v. Loisel, 265 U.S. 224, 230, 231, 44 S.Ct. 519, 68 L.Ed. 989; Waley v. Johnston, 9 Cir., 139 F.2d 117, certiorari denied, 321 U.S. 779, 64 S.Ct. 617, 88 L.Ed. 1072, rehearing denied, 321 U.S. 804, 64 S. Ct. 845, 88 L.Ed. 1090;... | [
{
"docid": "18943784",
"title": "",
"text": "PER CURIAM. The judgment of the District Court is affirmed upon the authority of Swihart v. Johnston, 9 Cir., 150 F.2d 721; Garrison v. Johnston, 9 Cir., 151 F.2d 1011; Wilson v. Johnston, 9 Cir., 154 F.2d 111."
}
] | [
{
"docid": "15896440",
"title": "",
"text": "406 U.S. 404, 410, 92 S.Ct. 1628, 32 L.Ed.2d 184 (1972) (plurality opinion); Williams v. Florida, 399 U.S. 78, 99-100, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1970). . Apodaca v. Oregon, 406 U.S. 404, 410, 92 S.Ct. 1628, 1632, 32 L.Ed.2d 184 (1972) (plurality opinion)... |
543916 | the investigator with a sworn affidavit identifying the alleged assailant as “Mike Melton.” The Hunt County Attorney’s Office then filed a complaint against “Michael Melton.” The alleged assailant’s first and last names are the only identifying information contained in the complaint, and their accuracy is undisputed. F... | [
{
"docid": "16139277",
"title": "",
"text": "affidavit in support of an arrest warrant nor testified before the grand jury. Jennings, 644 F,3d at 301. JENNIFER WALKER ELROD, Circuit Judge, dissenting: The majority opinion holds — contrary to our binding precedent — that a law enforcement officer who did... | [
{
"docid": "16139258",
"title": "",
"text": "JAMES L. DENNIS, Circuit Judge: The plaintiff, Michael David Melton, spent sixteen days in county jail in connection with an assault he did not commit. The only thing that linked him' to this assault was the fact that he has the same first and last name as th... |
265472 | separate legal existence, the transfer of its property (the MMQB business) to MMQB, Inc. is not remediable under either the Illinois UFTA and section 544(b) or section 548, because the application of either statute requires the transfer to have been of the Debtor's property. For that reason, no default judgment may be ... | [
{
"docid": "1026703",
"title": "",
"text": "estate. Since retroactive application of § 1213 has not been shown irrational, the Committee has failed to establish a denial of substantive due process under the Fifth Amendment. Conclusion For the reasons stated above, the Bank is entitled to judgment under ... | [
{
"docid": "18536631",
"title": "",
"text": "B.R. 503, 505 (Bankr.M.D.Fla.1987). Finally, plaintiff seeks to have personal liability assessed against defendant for the avoided transfer pursuant to 11 U.S.C. § 550, which provides: (a) Except as otherwise provided in this section, to the extent that a tra... |
317250 | "that an applicant for § 212(c) relief cannot meet the seven year lawful domicile requirement by counting time spent in this country illegally. The decision of the BIA is AFFIRMED. . 8 U.S.C. §§ 1101-1557, § 1182(c). . Id. § 1251(a)(2)(B)(i). . Fonseca-Leite v. I.N.S., 961 F.2d 60, 62 (5th Cir.1992). . INS v. Cardoza-F... | [
{
"docid": "23644608",
"title": "",
"text": "stay, but cf. Chim Ming v. Marks, 505 F.2d 1170 (2d Cir. 1974), cert. denied, 421 U.S. 911, 95 S.Ct. 1564, 43 L.Ed.2d 776 (1975). And, alternately, it has been urged that his marriage to an American citizen on February 23,1968, which made him immediately elig... | [
{
"docid": "7858988",
"title": "",
"text": "held that permanent residence terminated when it affirmed the order of deportation against Lok in Tim Lok I on July 30, 1976 and that termination of permanent residence by reason of a final adjudication of deportability resulted in termination of lawful domici... |
194877 | of an avoidable transfer unless the transferee has paid the amount for which it is liable). . In this Circuit, res judicata requires that: (1) the same parties be litigating both actions; and (2) both claims are the same. Sameness of claims requires that the same transaction, evidence and factual issues be involved. Su... | [
{
"docid": "4779002",
"title": "",
"text": "in the earlier litigation.” D-1 Enterprises, Inc. v. Commercial State Bank, 864 F.2d 36, 38 (5th Cir.1989) (citing Southmark Properties v. Charles House Corp., 742 F.2d 862, 871 (5th Cir.1984). Fundamental to Movant’s Res Judicata argument is the erroneous ass... | [
{
"docid": "6697390",
"title": "",
"text": "whether, in a case without a trustee, section 546(a)(1) bars preference actions filed more than two years into the ease pursuant to, and within two years of confirmation of, a plan of reorganization that requires such actions be retained and pursued by a repre... |
754053 | whether undue hardship exists in a particular case. See Bronsdon, 435 B.R. at 800-01; Stevenson v. Educ. Credit Mgmt. Corp., 463 B.R. 586, 593-94 (Bankr.D.Mass.2011); Sanborn, 431 B.R. at 7-8; Brunell v. Citibank, N.A. (In re Brunell), 356 B.R. 567 (Bankr.D.Mass.2005). Under the totality of the circumstances test, I mu... | [
{
"docid": "2740105",
"title": "",
"text": "in the alternative, concluding that excepting the guaranteed loan from discharge would work an undue hardship under either test. We need not detour to confront the point, as we conclude that Lorenz’s showing was fundamentally, and fatally deficient, under eith... | [
{
"docid": "18017770",
"title": "",
"text": "see also Grogan v. Garner, 498 U.S. 279, 287, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991) (preponderance of the evidence standard for dischargeability complaints). II. Applicable Test for Undue Hardship In determining whether excepting the student loan obligations ... |
498890 | place: In re Acevedo, 26 B.R. 994 (D.E.D.N.Y.1982); In re James, 20 B.R. 145, 9 B.C.D. 208 (Bkrtcy.E.D.Mich.1982); In re Brantley, 6 B.R. 178 (Bkrtcy.N.D.Fla. 1980). (4) Courts that place no express limitation on the debtor’s right to cure a default after acceleration: In re Taddeo, 685 F.2d 24 (2nd Cir.1982); In re Sa... | [
{
"docid": "17906593",
"title": "",
"text": "final payment under the plan is due.” Although bankruptcy courts have been divided on this point, I followed In re Jenkins, Bkrtcy.N.D.Ill.1981, 14 B.R. 748, 750 and other decisions to the same effect. I was wrong. The only presently reported appellate decisi... | [
{
"docid": "7731492",
"title": "",
"text": "re Thompson, 17 B.R. 748 (Bkrtcy.W.D.Mich.1982); In re Gooden, 21 B.R. 456 (Bkrtcy.N.D.Ga.1982); In re Ivory, 32 B.R. 788, 10 B.C.D. 1327 (Bkrtcy.D.Or.1983). Id. at 939-40 (footnotes omitted). The courts are, in particular, divided on the issue before this Cou... |
344659 | in a manner connoting inferiority anyway. In Grocery Manufacturers of America, Inc. v. Gerace, supra, the New York legislature passed legislation requiring substitute products to be labeled “imitation” regardless of nutritional equivalence. This, legislation was held to be an obstacle to the achievement of the purposes... | [
{
"docid": "14174404",
"title": "",
"text": "this case. The language of the statute involved in Coffee-Rich is different from the language used in the FDPA. In Coffee-Rich, the key determination under the statute was whether the product in question was an “imitation” of another food product. Here, the s... | [
{
"docid": "14174409",
"title": "",
"text": "decision is enlightening. The Supreme Court noted the stated purposes of the FDPA contained in K.S.A. 65-726 but also found perhaps another unwritten goal of the FDPA: One nonstated objective may be the economic protectionist aspect of the act which many cons... |
465056 | "that is a question to be confronted later in the litigation when the plaintiff is put to her proof.""). Accordingly, Defendants' motion is denied as to Count II. III. Title VI Finally, in Count III, the Shebleys assert a Title VI discrimination claim. Title VI provides that ""[n]o person in the United States shall, on... | [
{
"docid": "22791985",
"title": "",
"text": "both in Title VII it restricted the amount of damages available. Congress enacted Title IX in 1972 with two principal objectives in mind: “[T]o avoid the use of federal resources to support discriminatory practices” and “to provide individual citizens effecti... | [
{
"docid": "20020354",
"title": "",
"text": "the defendants’ motion for summary judgment on Martin’s Title VII claim alleging retaliatory transfer is denied. II. Title VI Claims Plaintiffs also allege that defendants’ actions against them violated Title VI of the 1964 Civil Rights Act. Title VI provides... |
223623 | non of section 4105 immunity. They disagree, however, about whether their dispute over its interpretation presents a question of law that may be decided by a court on summary judgment, or, instead, presents a question of fact that precludes the granting of a Rule 56 motion. This disagreement is couched in terms that ar... | [
{
"docid": "22302761",
"title": "",
"text": "the motions of HUD and Kenmore for summary judgment. The court adopted the magistrate’s recommendations, 601 F.Supp. 38 (D.Mass.1984). The Bank appeals. We agree with the Bank that the award of summary judgment was legally improper; and, we remand the case fo... | [
{
"docid": "23200736",
"title": "",
"text": "claim in respect to a disability that did not materialize until sometime in 1989 at the earliest. II. DISCUSSION After careful examination of the record, the briefs, and the applicable law, we hold that the severance agreement made no provision for extended p... |
234463 | "under such section. Purchases are taken into account in computing the cost of goods sold, which is an offset, or exclusion, employed in the computation of gross profit and gross income (section 1.61-3(a), Income Tax Regs.); whereas, throughout the Code, the term ""deduction” is used to refer to amounts subtracted from... | [
{
"docid": "12734795",
"title": "",
"text": "CHOY, Circuit Judge: Max Sobel Wholesale Liquors (taxpayer) secretly transferred, as an added consideration for sales, extra liquor to some of its customers in fiscal 1973 and 1974 in violation of California law providing for minimum prices. The Commissioner ... | [
{
"docid": "18931992",
"title": "",
"text": "certain payments, which might otherwise be deductible under section 162(a), on account of the illegality of such payments. The Court must first decide whether the agreement between petitioner and its selected customers, whereby the stated invoice price of the... |
119063 | sentencing range of 6-12 months imprisonment based on the table set forth in U.S.S.G. § 7B1.4, p.s. . Mathena’s counsel below properly preserved this issue. At the revocation hearing, counsel stated: . The overwhelming majority of the circuits have similarly held that the policy statements of Chapter 7 are advisory. Se... | [
{
"docid": "22343820",
"title": "",
"text": "too relegated its entire discussion to a footnote: Cocaine is a Schedule II controlled substance, possession of which is unlawful. Knowing use of cocaine, which [the defendant] admitted to here, requires possession, even if only momentarily. Thus, [the defend... | [
{
"docid": "22139572",
"title": "",
"text": "original sentence to a term of supervision. Mathena's DWI conduct equated to a Grade B violation, see U.S.S.G. § 7B 1.1 (a)(2), p.s., and his applicable criminal history category was a II. Those factors yielded a sentencing range of 6-12 months imprisonment b... |
232469 | "United States v. Burge, No. 08 CR 846, 2011 WL 13471 (N.D.Ill. Jan. 3, 2011). . For much the same reason, this court does not consider any evidence that Hooper seeks to introduce for the first time in his habeas petition; only evidence that was part of the state court record will be considered at this time. . Frankly,... | [
{
"docid": "3531035",
"title": "",
"text": "could find something in the background of most judges which in many cases would lead that person to conclude that the judge has a possible temptation to be biased. But not all temptations are created equal.” Del Vecchio, 31 F.3d at 1372 (internal quote omitted... | [
{
"docid": "11382801",
"title": "",
"text": "that McDuffie’s “past dealing with law enforcement, including all the surrounding circumstances of his past criminal record and the penalties or rewards he received, were relevant to the jury’s consideration of the testimony he would give at the trial.” Dansb... |
190477 | both the owner-operator’s name and that of the carrier as lessee.” Basically, plaintiff rea sons that, due to the similarities of the two plans, the outcome under each must be the same. The Uniform Compact, however, does not require carriers to register vehicles in both names. The court, in Little Audrey’s Transportati... | [
{
"docid": "2879587",
"title": "",
"text": "the “transactions can be tied together.” Thus, the clear intent and import of the Missouri law as written on this subject and as implemented by the appropriate organs of state government is to require registration, in instances like that at bar, by both owner ... | [
{
"docid": "20569991",
"title": "",
"text": "is no statutory definition of the term “registered” but the Treasury Regulations contain this definition: Section 41.4481-3 Registration. (a) For purposes of the regulations in this part, the term “registered” when used with reference to a highway motor vehic... |
747054 | representative even if the investor plaintiffs did not have accounts with the NASD member. Vestax Securities Corp., 280 F.3d at 1082 (6th Cir.); John Hancock, 254 F.3d at 59 (2d Cir.). Defendant, however, argues that this court should follow the minority view, propounded by two Florida district courts, and adopt a narr... | [
{
"docid": "3708321",
"title": "",
"text": "an associated person is not, in itself, a sufficient basis for compelling arbitration with a member. The Defendants suggest that the reasoning in WMA Securities, Inc. v. Ruppert, 80 F.Supp.2d 786 (S.D.Ohio, 1999) requires arbitration in this case, and, indeed,... | [
{
"docid": "17463601",
"title": "",
"text": "bound by the plain language of the Code, which defines “customer” to include anyone who is not a broker or a dealer. See NASD Rule 0120(g) (“The term ‘customer’ shall not include a broker or dealer.”); see also John Hancock Life Ins. v. Wilson, 254 F.3d 48, 5... |
832587 | the differences between it and the Somers relay. It is found that claim 5 of the Somers patent is anticipated by the prior art and is invalid. A further issue was presented regarding the interpretation of an ambiguous term in a claim. Claim 5 re cites fingers “secured at opposite sides” of the armature. This term “side... | [
{
"docid": "14956624",
"title": "",
"text": "KIRKPATRICK, District Judge. The plaintiff’s argument to the effect that claims 5 and 6 (originally 32 and 33) were intended by the applicant to continue the broad concept embodied in claim 8 for internal vibration generally, and that the element “progressive... | [
{
"docid": "11242825",
"title": "",
"text": "was claim 23 in the application, differs from the British patent in that the claim calls for the armature to lie on the same side of the supporting member as the magnet and also calls for the poles of the magnet to oppose each other, whereas in the British pa... |
377617 | to say: “While the representative’s arguments may be attractive to the uninitiated, they are not legally logical.” However, the Seventh Circuit in remanding this case opined that “there is some logic to [Plaintiffs] argument and it may bear future consideration.” Oshkeshequoam, 2000 WL 328123, *2. In addition, the Nint... | [
{
"docid": "22455294",
"title": "",
"text": "nonexertional limitations significantly limit the range of performable work, the Secretary may not rely only on the grids but must take the testimony of a vocational expert. Id. The instructions provide that, when the grids are “not fully applicable” because ... | [
{
"docid": "23575571",
"title": "",
"text": "job. Further, we see no error in concluding that Smith possessed the manual dexterity to perform the Hall job. The ALJ found that Smith could do any sedentary work “which does not require strong gripping with the right hand.” This is not a finding that she la... |
787057 | in a Chapter 7, none of which are available here. Fed.R.Bankr.P. 3002(c). The bankruptcy court’s authority to extend the time for filing proofs of claim is also limited by Fed.R.Bankr.P. 9006. Under Rule 9006(b)(3) the court is only allowed to extend the time for taking action under Rule 3002(c) “to the extent and unde... | [
{
"docid": "5282944",
"title": "",
"text": "receive notice of the meeting. The IRS learned of the bankrupt cy on September 27, 1985. On October 7, 1985, the IRS filed its claim as a priority claim in the amount of $18,892.35. The claim is primarily for employment taxes for the second and third quarters ... | [
{
"docid": "3503132",
"title": "",
"text": "to the timeliness of the filing of the IRS claim and asserting that the entire claim should be disallowed and discharged upon completion of the debtor’s plan. DISCUSSION The discharge provisions in a Chapter 13 case are set forth in 11 U.S.C. section 1328. Wit... |
135796 | Union, AFL-CIO v. U.S. Postal Serv., 707 F.2d 548, 559-50 (D.C.Cir.1983) (citing Act of May 22, 1920 ch. 195, 41 stat. 614). Through its subsequent amendments in the last eighty years, CSRS remains a governmental plan established or maintained for its employees by the Government of the United States. Unsatisfied with t... | [
{
"docid": "5609512",
"title": "",
"text": "in the private sector with the added uniqueness added [sic] by the legislative process. For this reason the Committee is convinced that additional data and study is necessary before any attempt is made to address the issues of vesting and funding with respect ... | [
{
"docid": "5609513",
"title": "",
"text": "chartered S & L’s, FADA’s employees were outside the civil service system, and were not subject to personnel rules or restrictions on salaries and benefits imposed generally on federal employees. See 5 U.S.C. § 2105 (definition of federal “employee” for purpos... |
93852 | "(11th Cir. 2007) ("" 'the Due Process Clause is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property' "") (quoting Daniel , 474 U.S. at 328, 106 S.Ct. 662 ); see also Cty. of Sacramento v. Lewis , 523 U.S. 833, 849, 118 S.Ct. 1708, 140 L.Ed.2d 1043 ... | [
{
"docid": "22648496",
"title": "",
"text": "enunciated in Daniels controlling here, we affirm. In Daniels, we held that the Due Process Clause of the Fourteenth Amendment is not implicated by the lack of due care of an official causing unintended injury to life, liberty, or property. In other words, wh... | [
{
"docid": "14149766",
"title": "",
"text": "to the extent that Parratt had recognized negligent conduct as sufficiently culpable to constitute a deprivation under the Due Process Clause. 474 U.S. at 330-31, 106 S.Ct. at 664. The Court reiterated that § 1983 “contains no state-of-mind requirement indepe... |
430434 | to enjoin the IRS under 26 U.S.C. § 6213(a) from proceeding with the collection of the tax until the notice of the deficiency is issued. E. g., United States v. Ball, 326 F.2d 898 (4th Cir. 1964); 9 Mertens, Law of Federal Income Taxation, § 49.146 (1971). Contra Cohen v. United States, 297 F.2d 760 (9th Cir.), cert. d... | [
{
"docid": "23156921",
"title": "",
"text": "of Internal Revenue, 250 F.2d 242, 249 (5th Cir. 1957), cert. denied, 356 U.S. 950, 78 S.Ct. 915, 2 L.Ed.2d 844 (1958) (same). See also Paschal v. Blieden, supra (bankruptcy). . In attacking state tax assessments as unconstitutional, the taxpayer must show th... | [
{
"docid": "435405",
"title": "",
"text": "of the tax as a condition precedent to the taking of additional steps to enforce its collection and payment. Thus, in the usual case the Code contemplates the giving of two notices by the Government, first, the notice required by § 6212(a) of a deficiency, and ... |
22608 | has identified three potential privacy interests at issue here: (1) Capies’s privacy interest, writ large; (2) Roberson’s privacy interest, writ large; and (3) Capies’s interest in not being associated with the particular recording identified by Wilson in his FOIA request. The Court will address each interest in turn t... | [
{
"docid": "598762",
"title": "",
"text": "L.Ed.2d 774 (1989) (internal quotation marks omitted). The FBI invoked Exemption 7(C) to protect the following information pertain ing to the criminal investigations of plaintiff: (1) the names and identifying information of FBI Special Agents and support perso... | [
{
"docid": "6434798",
"title": "",
"text": "the murder investigation,” Def.’s Mem., Luczynski Deck ¶ 30, “the names [and] home telephone numbers of those [individuals] who are only incidentally mentioned in these records,” id. ¶ 33, as well as “the identities and/or personal and non-public information c... |
240635 | state court adjudication: 1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law ... or 2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. ... | [
{
"docid": "22082741",
"title": "",
"text": "confession at guilt stage); Clemons v. Mississippi, 494 U. S. 738 (1990) (unconstitutionally broad jury instructions at sentencing stage); Satterwhite v. Texas, 486 U. S. 249 (1988) (unconstitutional admission of evidence at sentencing stage), and we left, a ... | [
{
"docid": "8852325",
"title": "",
"text": "time of the offense from the abused childhood and the mental retardation of Penry as being a different type of evidence to which a jury could give full mitigative effect under the Texas special issues. Johnson, 509 U.S. at 369, 113 S.Ct. 2658. IV. A. The decis... |
585033 | is framed, and if that is plain ... the sole function of the courts is to enforce it according to its terms. Central Trust Co. v. Official Creditor’s Committee, 454 U.S. 354, 359-60, 102 S.Ct. 695, 697-98, 70 L.Ed.2d 542 (1982) (quoting Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. 192, 194, 61 L.Ed.2d 442 (1... | [
{
"docid": "971918",
"title": "",
"text": "LEVIN H. CAMPBELL, Circuit Judge. Everett C. Carlson and three others were charged in count one of a three-count indictment as follows: “That on or about July 1, 1976, in the Southern Division of the District of Maine, EVERETT C. CARLSON, JOSEPH A. ACETO, RICHA... | [
{
"docid": "139875",
"title": "",
"text": "specifically intended that Ms. Martin transport the device in interstate commerce; and (3) the evidence at trial was insufficient to support such a finding. While this is a clever argument, it is founded on the erroneous assumption that the specific inclusion o... |
328654 | of the characters, setting, and plot of the various works is either necessary or warranted here. We find no substantial inaccuracies in the trial court’s review. We are guided and bound by the rule that the findings of the trial court will not be set aside on appeal unless clearly erroneous. Rule 52(a), Federal Rules o... | [
{
"docid": "21349899",
"title": "",
"text": "entitled ‘Modern Times’, which said motion picture was viewed by the court, and also as shown by plaintiff’s bill of particulars, indicate access to the book prior to and during the preparation and production of the motion picture, but that such matters indic... | [
{
"docid": "9870811",
"title": "",
"text": "principals return — Sonora who had two husbands before Hardluck, who was killed 25 years before in a landslide in his mine, and two since, and her son, now a prominent citizen, and president of the Chamber of Commerce of Los Angeles. Tim, the counterman and nu... |
789589 | had acted willfully and in bad faith, and was unlikely to succeed on the merits. In addition, the court found that the defendant would be prejudiced if forced to continue to litigate this case. LeBoon moved for reconsideration, which the District Court denied. On appeal, LeBoon challenges numerous interlocutory orders ... | [
{
"docid": "22922895",
"title": "",
"text": "been resolved without the other inmate witnesses. If appellant had proceeded, he might have been successful. If appellant had proceeded and lost, the appellate court would have had a complete record upon which to make its determination. For these reasons we a... | [
{
"docid": "22452113",
"title": "",
"text": "that the remaining factors were not in favor of Briscoe. It found that Briscoe was personally responsible for his refusal to attend the conference, his refusal was willful because he had ignored the court’s specific warning to him, and his failure to attend t... |
732626 | grant of discovery under F.R.Civ.P. 34, the district court erred in judicially imposing a good cause requirement upon a party seeking discovery in an interference proceeding. Specifically, Frilette claims that the district court’s resurrection of the good cause requirement, on the ground that 35 U.S.C. § 24 would have ... | [
{
"docid": "5031895",
"title": "",
"text": "OPINION COOLAHAN, District Judge: This is a motion under Rule 37, Fed. Rules Civ.Proc. to compel answers to certain questions propounded during depositions taken pursuant to ancillary discovery proceedings authorized by 35 U.S.C. § 24. This provision allows op... | [
{
"docid": "17719038",
"title": "",
"text": "Patent Office discovery rules. See Frilette v. Kimberlin, 508 F.2d 205 (CA3, 1974) (en banc), cert. denied, 421 U.S. 980, 95 S.Ct. 1983, 44 L.Ed.2d 472 (1975) (overruling In re Natta, supra); Sheehan v. Doyle, 513 F.2d 895 (CA1); cert. denied, 423 U.S. 874, 9... |
29737 | ****** In this court’s estimation, the circumstances surrounding a substantial abuse inquiry are analogous to those present in Chapter 13 plan confirmation and undue hardship situations. All three necessitate a determination of how much disposable income, after subtracting reasonable and necessary expenses, will be ava... | [
{
"docid": "6572404",
"title": "",
"text": "No statutory authority requires the bankruptcy court to consider the income of a non-debtor spouse in computing disposable income, but courts have held that an accurate application of chapter 13’s disposable income test (11 U.S.C. § 1328(b)) is not possible wi... | [
{
"docid": "23658743",
"title": "",
"text": "his expenses by $13.50, leaving only a negligible amount of disposable income available for payment of his other debts. If, however, we also consider his wife’s monthly income and her expenses, the result is a combined income of $2,944.00 against total expens... |
524475 | interpreting it. See Annotation 1 A.L.R.2d 222. The principle controlling in this case is that there can be no recovery against the Government on any claim based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of a federal agency or an employee of th... | [
{
"docid": "5434617",
"title": "",
"text": "Permits. The purpose of the Taylor Grazing Act is to stabilize the livestock industry and to permit the use of the public range according to the needs and the qualifications of the livestock operators with base holdings. To carry out this purpose, the Act and ... | [
{
"docid": "3184032",
"title": "",
"text": "The defendant challenges the jurisdiction of the court on three grounds: 1) The suit is barred by 28 U.S.C. § 2680(h) which bars “[a]ny claim arising out of assault [or] battery.” 2) The suit is barred by that part of 28 U.S.C. § 2680(a) which bars “[a]ny clai... |
278269 | "by the beneficiary. As noted above, the Letter of Credit here requires, by way of documents, a written statement, “purportedly signed by an officer of Great Wall de Venezuela C.A.,” and stating, “We hereby certify that Installment No._is due in accordance with the contract dated _ for the purpose of purchasing shares ... | [
{
"docid": "7470873",
"title": "",
"text": "of Credit § 3.04[7], at 3-117 (1996). Unlike the issuer-beneficiary relationship, where special letter of credit rules apply, usual contractual principles govern the issuer-applicant relationship. See Dibrell Bros. Int’l S.A. v. Banca Nazionale Del Lavoro, 38 ... | [
{
"docid": "13048984",
"title": "",
"text": "in this respect are greater than those of Franklin. We need not elaborate upon this line of reasoning, however, for this is not even a case in which a court, recognizing a letter of credit’s commercial purposes, would have refused to enjoin a letter of credit... |
122622 | RECOMMENDS that Plaintiffs Motion for Summary Judgment be GRANTED IN PART, that Defendant’s Motion for Summary Judgment be DENIED, and that, pursuant to sentence four of 42 U.S.C. § 405(g), the decision of the Commissioner be REMANDED. III. FILING OBJECTIONS The parties to this action may object to and seek review of t... | [
{
"docid": "22642009",
"title": "",
"text": "the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement. (C) the magistrate s... | [
{
"docid": "9686945",
"title": "",
"text": "Balisok. Defendant Freeburn’s motion to dismiss and/or for summary judgment should be denied. V. Conclusion For the reasons stated above, it is recommended that defendant Freeburn’s motion to dismiss and/or for summary judgment be denied. Any objections to thi... |
580980 | not be served in another district except in those instances authorized by Congress. It is within the power of Congress to provide for the bringing of a suit within any district of the United States and for the sending of process from that district into the other districts of the United States. Toland v. Sprague, 12 Pet... | [
{
"docid": "22623390",
"title": "",
"text": "that they were located outside the Northern District of Illinois. The contention is that the district court was without power to issue its process for service outside the district. Section 77 (a) provides that after the petition of the railroad company is app... | [
{
"docid": "22385660",
"title": "",
"text": "have been properly brought before the district court for the purposes of the present suit, since Congress could provide for service of process anywhere in the United States. Toland v. Sprague, 12 Pet. 300, 328; United States v. Union Pacific R. Co., 98 U. S. ... |
453439 | orders), 37(c) (expenses on failure to admit), 37(d) (failure of party to attend at own deposition, serve answers to interrogatories, or respond to request for inspection), 37(g) (failure to participate in good faith in framing of a discovery plan), 56(g) (summary-judgment affidavits made in bad faith). Ante, at 9, cit... | [
{
"docid": "22710099",
"title": "",
"text": "seq.], ... the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” Knighton v. Watkins, 616 F. 2d 795 (1980). Rule 54(d) provides: “(d) Costs “Except when express provision... | [
{
"docid": "22745191",
"title": "",
"text": "imprisonment, 18 U. S. C. § 401; award costs, expenses, and attorney’s fees against attorneys who multiply proceedings vexatiously, 28 U. S. C. § 1927; sanction a party and/or the party’s attorney for filing groundless pleadings, motions, or other papers, Fed... |
188953 | the DOE’s response to TriValley’s FOIA requests was adequate, see Zemansky v. EPA, 767 F.2d 569, 571 (9th Cir.1985) (“In demonstrating the adequacy of the search, the agency may rely upon reasonably detailed, noneonelusory affidavits submitted in good faith.”), and that the often considerable delay was not due to bad f... | [
{
"docid": "22445118",
"title": "",
"text": "by the Administrative Procedure Act, 5 U.S.C. § 706(2)(D) (1982). See Stop H-3 Association v. Dole, 740 F.2d 1442, 1461 (9th Cir.1984), cert. denied, 471 U.S. 1108, 105 S.Ct. 2344, 85 L.Ed.2d 859 (1985). Therefore, “[t]he adequacy of an EIS depends upon wheth... | [
{
"docid": "15197632",
"title": "",
"text": "analysis into de novo review, a level of review for which this court is not authorized. See 5 U.S.C. § 706 (establishing standard of review for agency action). Rather, the appropriate procedure is to submit the new information to the Corps so that it can reco... |
94187 | "n. 1 (5th Cir.2001) (quoting United States v. Daniels, 252 F.3d 411, 414 n. 8 (5th Cir.2001)); see also United States v. Scher, 601 F.3d 408, 411 (5th Cir.2010); United States v. Broadnax, 601 F.3d 336, 340 (5th Cir.2010); United States v. Phillips, 477 F.3d 215, 221 (5th Cir.2007); United States v. Reyes, 102 F.3d 13... | [
{
"docid": "22196041",
"title": "",
"text": "Cir.1993) (unpublished table decision). . See Puckett v. United States, -U.S. -, 129 S.Ct. 1423, 1429, 173 L.Ed.2d 266 (2009) (explaining that plain error has four prongs: (1) there was an error or defect, a “deviation from a legal rule — that has not been in... | [
{
"docid": "22042764",
"title": "",
"text": "fairness, integrity or public reputation of the judicial proceedings.’ ” Olano, 507 U.S. at 735-36, 113 S.Ct. 1770 (quoting United States v. Atkinson, 297 U.S. 157, 56 S.Ct. 391, 80 L.Ed. 555 (1936)) (emphasis added). It goes without saying that meeting all f... |
260897 | entitled to asylum or withholding of removal. With respect to Petitioner’s application for relief under CAT, she contends that the IJ and BIA looked only to her past experiences and did not consider all the evidence relevant to the possibility of future torture. We presume that the IJ and BIA reviewed the evidence in t... | [
{
"docid": "22651781",
"title": "",
"text": "foreign country and language, found a place to live, and filed an asylum application within that short period of time. At the conclusion of Farah’s initial appearance, the IJ reviewed the penalties for filing a frivolous application with Farah, and Farah indi... | [
{
"docid": "14930845",
"title": "",
"text": "considered in the first instance.’ ” Coronado v. Holder, 759 F.3d 977, 987 (9th Cir.2014) (quoting Montes-Lopez v. Gonzales, 486 F.3d 1163, 1165 (9th Cir.2007)). But here, the BIA has already fully considered Avendano-Hernandez’s CAT claim. The agency’s confl... |
645757 | default, Collins v. State, 280 Ark. 312, 657 S.W.2d 546, 548 (1983) (per curiam), which can be excused only on a showing of cause for the default and prejudice from the alleged violation of federal law, Coleman v. Thompson, — U.S.-, ——, 111 S.Ct. 2546, 2565, 115 L.Ed.2d 640 (1991). In- addition, his failure to present ... | [
{
"docid": "22546646",
"title": "",
"text": "of the writ, McCleskey v. Zant, 499 U. S. 467 (1991); or (c) procedurally defaulted claims in which the petitioner failed to follow applicable state procedural rules in raising the claims, Murray v. Carrier, 477 U. S. 478 (1986). These cases are premised on o... | [
{
"docid": "13757961",
"title": "",
"text": "during his first habeas proceeding. See McCleskey v. Zant, 499 U.S. 467, 490, 111 S.Ct. 1454, 1467, 113 L.Ed.2d 517 (1991); Murray v. Delo, 34 F.3d 1367, 1372 (8th Cir.1994), cert. denied, 515 U.S. 1136, 115 S.Ct. 2567, 132 L.Ed.2d 819 (1995). A federal habea... |
378056 | "witness which offered the appraised value of the vessels to be in excess of the debt owed to the creditor here. Citicorp offered substantial expert appraisal testimony to contradict that of the debtor. The Court concludes that, on the basis of the weight and credibility of the evidence, as shown below, the expert appr... | [
{
"docid": "17223135",
"title": "",
"text": "creditors an adequate “equity cushion”. The bankruptcy court also erred in its implied finding .that the Upland residence was unnecessary to effect a reorganization. Whatever remains after payment to any legitimate secured creditors will be a necessary part o... | [
{
"docid": "22430322",
"title": "",
"text": "“equity-cushion” approach. See, i.e., In re Shockley Forest Industries, Inc., 5 B.R. 160, 163, 6 B.C.D. 642, 644 (Bkrtcy.N.Ga.1980); In re 5 Leaf Clover Corp., 6 B.R. 463, 466 (S.W.Va.1980); In re Lee, 11 B.R. 84, 85 (Bkrtcy.E.Pa.1981); In re Penn York, Mfg.,... |
655698 | "life,” Appellant’s Br. 20, He claims no specific hardship, however, and it is hard to see how he could. His counsel acknowledged at oral argument that he did not live there at the time of the offense. Oral Arg. Recording 8:18-10:00. And to the extent he has friends there who are not involved in the drug trade, Sent. T... | [
{
"docid": "20611427",
"title": "",
"text": "it. During Shemirani’s plea colloquy, however, the district court did not satisfy the requirements of Rule ll(b)(l)(N). Although the court advised the defendant of other rights he was waiving in the plea agreement, it did not tell him about and ensure his und... | [
{
"docid": "21963783",
"title": "",
"text": "a restitution award. The judge also announced several general and special conditions of supervised release to which Ortega-Hernandez would be subject, including that he should cooperate with DNA collection and must not possess a firearm or other dangerous wea... |
401025 | F.3d 1318, 1323 (10th Cir.) (citations omitted), cert. denied, — U.S. -, 115 S.Ct. 271, 130 L.Ed.2d 189 (1994). In the instant ease, however, defendant has not established any compelling circumstances establishing that the in-eourt identification procedure at his trial undermined the credibility of the government witne... | [
{
"docid": "8802922",
"title": "",
"text": "in-court identification of appellant was unnecessarily suggestive and unreliable. Second, he contends that the evidence presented at trial was insufficient to sustain his conviction. We address these claims in turn. To restate briefly, Ms. Montoya selected app... | [
{
"docid": "15241483",
"title": "",
"text": "to make in-court identification because her vision was poor, but was able to identify him from photo array). So long as the record indicates that the witness had a sufficient basis for identifying the defendant (e.g., an adequate opportunity to observe the de... |
84601 | and Amended Complaint at issue here. That complaint contained an added claim that GM had violated the antitrust laws by enforcing a knowingly invalid patent fraudulently obtained, a claim designated by all concerned as a “Walker Process” claim. On December 3, 1986, after a hearing, Judge Pfaelzer filed clear, succinct,... | [
{
"docid": "11251380",
"title": "",
"text": "v. Sowa & Sons, 725 F.2d 1350 (Fed.Cir.) cert. denied, — U.S. -, 105 S.Ct. 95, 83 L.Ed.2d 41 (1984). We have also assumed jurisdiction of an appeal from a summary judgment involving an antitrust claim only, where two patent infringement counts remained to be ... | [
{
"docid": "2358799",
"title": "",
"text": "the time the stay order issued, Korody simply forgot about its antitrust action. Neither before nor after the stay did Korody indicate (until June 1986) any intent to present a “Walker Process” antitrust claim. It cannot now seize upon the stay as basis for ex... |
119556 | charged supervised release violation of committing another crime. Specifically, the district court determined that McRae possessed a substantial amount of cocaine while on supervised release. McRae argues that an informant’s hearsay evidence that McRae would be possessing cocaine was not credible given that the informa... | [
{
"docid": "22379250",
"title": "",
"text": "HANSEN, Circuit Judge. Linda Carothers was sentenced to time served and three years of supervised release after pleading guilty to use of interstate commerce facilities in the commission of murder for hire. One condition of her release was that she “not commi... | [
{
"docid": "22564061",
"title": "",
"text": "B. Sufficiency of the Evidence Carlton also challenges the evidence presented at his hearing on the grounds that it was insufficient to support his convictions on Specifications 1 and 2. As to Specification 1, the commission of the Ardsley robbery, he avers t... |
311098 | suspended. Sheehan had a plethora of other connections to the operation. He and Nave participated together in dealings with the Blackes; both were in the group which took money from Tasse; and Sheehan aided Connolly in furnishing escort services to Cafe Budapest. Having done little more' than scratch the tip of a fair-... | [
{
"docid": "16788540",
"title": "",
"text": "a reasonable doubt. United States v. Santiago, supra. Before assessing the evidence, we first state the necessary elements for a RICO conspiracy: “(1) the existence of an ‘enterprise,’ (2) that the defendant knowingly joined the enterprise and (3) that the de... | [
{
"docid": "16788528",
"title": "",
"text": "of the commission of a crime is unnecessary to make out a conspiracy. Proof of the conspiracy focuses on the agreement, proof of the substantive crime focuses on the acts of the defendant. In United States v. Winter, 663 F.2d 1120, 1136 (1st Cir.1981), we rej... |
796281 | even without evidence of discrimination, the plaintiff creates a presumption that the employer unlawfully discriminated, ... and thus places the burden of production on the employer to proffer a nondiscriminatory reason for its action.... On the other hand, once the employer articulates a non-discriminatory reason for ... | [
{
"docid": "22377943",
"title": "",
"text": "at 1335; see McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. By making out this “minimal” prima facie case, even without evidence of discrimination, the plaintiff “creates a presumption that the employer unlawfully discriminated,” Fisher, 114 F.3d at 1335 ... | [
{
"docid": "22425496",
"title": "",
"text": "a plaintiffs verdict) unless the plaintiff can point to evidence that reasonably supports a finding of prohibited discrimination. 233 F.3d 149, 153-54 (2d Cir.2000) (emphasis added) (internal quotations, alteration, and citations omitted). Central to this app... |
504176 | Appellant’s “intent ... was to make” PFC “T” “unavailable to ... law enforcement personnel.” The question to be resolved is whether an accused can obstruct justice by encouraging an accomplice not to testify or otherwise cooperate with authorities. In United States v. Chasteen, supra, reconsidered on other issue, 17 MJ... | [
{
"docid": "14506765",
"title": "",
"text": "justice specification. Appellant urges this court to adopt the reasoning in United States v. Chasteen, 17 M.J. 580 (A.F.C.M.R.1983), reconsidered on other issue, 17 M.J. 800, reversed in part, 24 M.J. 62 (C.M.A.1987). In Chasteen, the Air Force appellate cour... | [
{
"docid": "12134808",
"title": "",
"text": "to testify falsely under oath. For the reasons set out below, we decline to adopt the Government’s interpretation of the nature of proof required for this element. First, the literal language of that element requires an accused to induce and procure a person ... |
646597 | the down payment on the stock, but if the purchaser were unable to obtain the loan the seller could terminate the agreement, no “purchase” had occurred. Id. at 301. In Stella, the condition precedent was subject to the actions of a third person and the buyer was obligated to use good faith efforts to secure the fulfill... | [
{
"docid": "20787525",
"title": "",
"text": "one of these significant conditions could have blocked consummation of the merger. Indeed, the favorable tax ruling was not received until December 7,1976, and dissenting shareholder appraisal rights could have been exercised up until December 30, 1976. Conse... | [
{
"docid": "2463279",
"title": "",
"text": "was a “sale” of stock within the meaning of § 16(b). In that case, plaintiff Portnoy sued on behalf of Revlon, the surviving corporation in the merger of Revlon and Barnes-Hind Pharmaceuticals, Inc. Portnoy contended that Cooper Laboratories, Inc. realized sho... |
217505 | "2007 decision of Immigration Judge (“IJ”) Terry Bain, which denied his application for asylum,"" withholding of removal, and relief under • the Convention Against Torture .(“CAT”)... In re Wei Quan Lin, No. [ AXXX XXX XXX ] (B.I.A. Apr. 14, 2009), aff'g No. [ AXXX XXX XXX ] (Immig. Ct. N.Y. City Oct. -10, 2007). ” We ... | [
{
"docid": "22604798",
"title": "",
"text": "May 9, 2007), responds to this Court’s request in Mir-zoyan and articulates the BIA’s standard for evaluating nonphysical harm, including economic harm. Based on this intervening decision, and because we are unable to determine the standard that the IJ applie... | [
{
"docid": "22675840",
"title": "",
"text": "his wife and his alleged decision to join the CDP. Finally, the BIA “agree[d] with the Immigration Judge’s alternative finding that, even if the asylum application had been timely filed, it must be denied for lack of evidence of past persecution or a well-fou... |
684697 | have been unable to specifically identify any items that they contend should be returned to them by virtue of the agreements entered into by the parties. We find that defendant is also entitled to summary judgment on this claim. IT IS THEREFORE ORDERED that defendant’s motion for summary judgment (Doc. #84) be hereby g... | [
{
"docid": "1688512",
"title": "",
"text": "rise to the level of a concealment. These facts, as well as representations made to Ruth Alice Bertholf to induce her to sign the addendum, raise a genuine issue of material fact of fraud. Furthermore, if Gwaltney and AgriStor’s agent were merely mistaken abou... | [
{
"docid": "6512203",
"title": "",
"text": "its burden, the non-moving party must bring forth specific facts showing there is a genuine issue for trial as to the essential elements of the non-moving party’s claim. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1... |
370295 | provide at least some protection for the First Amendment and privacy interests of the prisoners and their correspondents. Our conclusion is supported by a recent decision by the Sixth Circuit which upheld Bureau of Prisons Regulation 540.13 in the face of constitutional challenge. Meadows v. Hopkins, 713 F.2d 206 (6th ... | [
{
"docid": "13260095",
"title": "",
"text": "40 L.Ed.2d 224 (1974). The Supreme Court in this decision upholds censorship of prisoner mail provided two criteria are satisfied: (1) the regulation in question must further an important or substantial government interest unrelated to the suppression of expr... | [
{
"docid": "22822982",
"title": "",
"text": "to proceed without a three-judge court. . An earlier panel of this court, Gates v. Collier, 525 F.2d 965 (5 Cir. 1976), affirmed a district court order in that same case, Gates v. Collier, 390 F.Supp. 482 (N.D.Miss.1975), which permitted those restrictions on... |
101396 | by the Government or anyone else. Diaz’s statements at the rear-raignment hearing carry “a strong presumption of verity.” McKnight, 570 F.3d at 649 (internal quotation marks and citation omitted). Furthermore, the guidelines make clear that the district court is not bound by a stipulation of the parties but may determi... | [
{
"docid": "21555038",
"title": "",
"text": "application of the guidelines by determining that his relevant conduct involved a greater amount of cocaine, resulting in a higher base offense level, than the amount to which the parties had stipulated and which the court had accepted as the relevant conduct... | [
{
"docid": "23233767",
"title": "",
"text": "evidence tends to corroborate and confirm the quantity of drugs to which Mr. Todd himself admitted possessing and redistributing. B In the face of the government’s substantial factual showing, Mr. Todd makes no effort to point us to any countervailing facts t... |
810600 | 82 L.Ed. 288 (1937). For the most part, these rights can be found enumerated in the Constitution. Given this standard, the Court is forced to conclude that Plaintiffs are barred as a matter of law from asserting a claim under the Fourteenth Amendment. The Constitution does not create and the Supreme Court and the Eleve... | [
{
"docid": "13527102",
"title": "",
"text": "on causation; whether any negligence on the part of the county rose to the stature of a “constitutional tort”; whether Mrs. Dollar assumed the risk of injury as a matter of law; whether, as a matter of law, the deaths resulted from an act of God; whether Geor... | [
{
"docid": "10095369",
"title": "",
"text": "CUMMINGS, Circuit Judge. Plaintiff Rawleigh C. Wilson filed a pro se complaint pursuant to 42 U.S.C. § 1983 against the Town of Clayton, Indiana and its Trustees, the County of Hendricks and its Commissioners, two town marshals, two deputy sheriffs and the bo... |
875802 | to be determined at trial — the entry of summary judgment is appropriate here, or so Crude Crew argues. The Court is not entirely unsympathetic to Crude Crew’s position. To be sure, the stipulation is, by its very language, a “final, full and complete settlement” in which the various rights and obligations of the signa... | [
{
"docid": "934368",
"title": "",
"text": "trial, thus, say plaintiffs, tacitly admitting that there was a genuine dispute as to material fact. On the other hand, defendant in its brief and memorandum also asked for separate and initial “ruling” on the issue. We do not believe that there was any tacit a... | [
{
"docid": "17326779",
"title": "",
"text": "collection when it eliminated the bad debt reserve since it would still have remained liable for whatever was collectible in the ordinary course of business. Moreover, the elimination of the bad debt reserve in August occurred long before American Standard ag... |
746471 | examining arguments he did not reach earlier because he had disposed of the case on other grounds. Mem. Order, Aug. 11, 2009, ECF No. 69. He rejected State’s legislative immunity defense and found State did not have enough evidence to support a laches defense. Id. at 3-5. He then considered Shea’s Title VII challenge t... | [
{
"docid": "18766618",
"title": "",
"text": "Race 186-99 (1983); T. Sowell, Race and Economics 150-56 (1975). See generally T. Sowell, Ethnic America (1981). . In this regard, Justice Scalia might well be incorrect in assuming that only white males bear the costs of affirmative action preferences. See J... | [
{
"docid": "6912244",
"title": "",
"text": "to the MLAAP in this context was inadvertent. . Shea's earlier filing [51] was entitled \"Plaintiff's Opposition to Defendant’s Motion for Summary Judgment, and Cross-Motion for Partial Summary Judgment,” while the later filing is entitled \"Plaintiff’s Motion... |
97806 | Elstad, 470 U.S. 298, 318, 105 S.Ct. 1285, 1298, 84 L.Ed.2d 222 (1985). There is no indication that the questioning at the DEA office was coercive, and Archeval-Vega’s statements, that he did not know Ramirez, are consistent with his earlier statement, made before he was taken into custody. Accordingly, the court concl... | [
{
"docid": "22996250",
"title": "",
"text": "court remanded to the District Court for further findings on that issue. The Ninth Circuit appears to stand alone in embracing the “eoconspirator exception.” We granted certiorari to resolve the conflict, 506 U. S. 952 (1992), and now reverse. It has long bee... | [
{
"docid": "7600607",
"title": "",
"text": "court to enable it to consider whether evidence was obtained illegally, his motion to suppress is DENIED. Thus, the district court not only suggested that the defendant amend but invited the defendant to amend his motion to suppress to make the necessary and e... |
182694 | the United States, U.S.C.A.Const. Amend 5;. and the Indians’ private rights must be enforced as are the rights of any citizen, In re Heff, 197 U.S. 488, 25 S.Ct. 506, 49 L.Ed. 848; Cherokee Nation v. Hitchcock, 187 U.S. 294, 23 S.Ct. 115, 47 L.Ed. 183.. The-Indians’ vested right in this private property can only be div... | [
{
"docid": "16018068",
"title": "",
"text": "shall be in force in said Choctaw and Chickasaw Nations,” and, further (§ 73, p. 657), that \"this agreement shall be binding upon the United States and upon the Choctaw and Chickasaw Nations and all the Choctaws and Chickasaws, when ratified by Congress and ... | [
{
"docid": "6771140",
"title": "",
"text": "United States are protected by the fifth amendment to the Constitution against deprivation of property, life, or liberty without due process of law. No act of Congress or legislative fiat constitutes due process of law, whereby a vested right in or title to pr... |
733303 | appeal the district court’s grant of summary judgment in favor of Defendants Decatur County, Tennessee (the “county” or “Decatur County”), the Decatur County Commission (the “Commission”), the Decatur County Adult-Oriented Establishment Board (the “Board”) and Intervenor-De-fendant the State of Tennessee. Plaintiffs as... | [
{
"docid": "15666425",
"title": "",
"text": "were likely to be held unconstitutional. Union Township also eliminated other provisions that were not found to be suspect by the district court. Deja Vu appealed, claiming that the district court erred in denying in part its motion for a preliminary injuncti... | [
{
"docid": "5562736",
"title": "",
"text": "11, 2002, the Board had its first meeting and determined that the 120-day grace period for establishments already in existence would begin on that day. On July 19, 2002, the Decatur County Attorney informed Odie by letter that the county would seek to enforce ... |
569671 | Xaros and Giardiello nonetheless apply here. NIC was not a signatory to the collective bargaining agreement between Testa and Benefit Funds. Moreover, Bleiler has not alleged that NIC issued the surety bond for any reason other than its intended statutory purpose — to “ ‘protect and benefit those who furnish materials ... | [
{
"docid": "4677855",
"title": "",
"text": "Plaintiffs’ argument has been rejected in the Ninth and the Eleventh Circuits, see Carpenters Southern Cal. Admin. Corp. v. D & L Camp Const., 738 F.2d 999, 1000-01 (9th Cir.1984) (also rejecting pendent party jurisdiction over the claim); Carpenters Southern ... | [
{
"docid": "9675723",
"title": "",
"text": "Camp Construction Co., 738 F.2d 999, 1000-01 (9th Cir.1984)). Although this case differs factually from Xaros and Laborers Local 938 in that it involves the immediate employer’s surety rather than a surety of an employer’s subcontractor, the emphasis of those ... |
527305 | reckless disregard of their illegal status. Had the jury been explicitly instructed that it had to find that the defendant specifically intended to engage in the proscribed action, the result of the trial would have been the same. Next, we consider Li’s argument that his counsel’s representation fell short when he fail... | [
{
"docid": "20171593",
"title": "",
"text": "court concluded that “the defendant was not prejudiced by use of the deposition.” Tr. at 1590. On appeal, McGowan argues that the district court violated Federal Rule of Evidence 804(a)(4) and the Confrontation Clause in declaring LaMie “unavailable” for tria... | [
{
"docid": "11657124",
"title": "",
"text": "[despite] the lack of a timely and specific objection before the district court....”). B. We cannot conclude that the district court plainly erred in admitting certificates of authentication for foreign public and business records into evidence. “The Sixth Am... |
402896 | would be narrowly limited and its deterrent effect on serious official misconduct would be hobbled. . Our recent opinion in Adamson v. Commissioner, 745 F.2d 541 (9th Cir.1984), is consistent with the BIA’s decision in Toro. In Adamson we applied Lopez-Mendoza’s concept of egregious violation. 745 F.2d at 545-46. We re... | [
{
"docid": "4297064",
"title": "",
"text": "however, his papers was [sic] in his vehicle.’ ”: 2 Petitioner had not yet violated 8 U.S.C. § 1304(e), requiring an alien to “at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt c... | [
{
"docid": "22439388",
"title": "",
"text": "agents’ Fourth Amendment violations do not make Orhorhaghe’s passport and 1-94 form any less probative of his illegal status. However, a Fourth Amendment violation need not undermine the probative value of the evidence seized in order to warrant suppression u... |
213820 | Appeals Council decision on the appropriate determination of her countable income. The AU then proceeded to determine the amount of overpayment, the relative fault of the claimant, and whether repayment would work a hardship on claimant. The AU determined that there had been an overpayment of $871.90 for the period Jan... | [
{
"docid": "17810791",
"title": "",
"text": "VA pension was countable as her income and that Tsosie was not eligible for further SSI benefits due to excessive income. This decision became the final decision of the Secretary, affirmed by the district court. II. The sole issue in this case is whether the ... | [
{
"docid": "6102514",
"title": "",
"text": "not a zero-sum mathematical problem in which all forms of public assistance must be used to reduce some family member’s SSI benefits. Rather, the notion of income is an artificial concept that may be understood only by reference to the SSI statute, the SSI reg... |
70515 | be remanded if the district court lacks subject matter jurisdiction. See id. at 366. When jurisdiction is based on diversity of citizenship, the court may, if proper, realign the parties to conform to their true interests in the action. Indianapolis v. Chase Nat’l Bank, 314 U.S. 63, 62 S.Ct. 15, 86 L.Ed. 47 (1941); Am.... | [
{
"docid": "18006700",
"title": "",
"text": "bond though not necessarily for Fidelity’s attorney’s fees and other expenses of its litigation with the towns, which Fidelity’s complaint against Scotty also claims. But City of Indianapolis v. Chase National Bank, 314 U.S. 63, 73 n. 3, 62 S.Ct. 15,18 n. 3, ... | [
{
"docid": "22915707",
"title": "",
"text": "subject matter jurisdiction because the parties were improperly aligned, (2) that the injunction was improper on the merits, (3) that the injunction is barred by the Anti-Injunction Act, and (4) that the district court erroneously concluded that it lacked jur... |
232618 | and that he intended to sentence the defendant to eighteen months on the tenth count. There being no variation between the pronouncement of his sentence and the written judgment, it follows that appellant Grene is not entitled to have his sentence corrected. See Hill v. United States, 1936, 298 U.S. 460, 56 S.Ct. 760, ... | [
{
"docid": "14775545",
"title": "",
"text": "the petitioner knew at the time of his guilty plea that he could receive consecutive sentences and that “the motion and files and records of the case conclusively show that the prisoner is entitled to no relief.” 28 U.S.C. § 2255. We therefore on the Rule 11 ... | [
{
"docid": "22168379",
"title": "",
"text": "correct filed under Fed.R.Crim.P. 36. But we here hold that is not true in criminal sentencing; instead, citing many cases, we declare that the rule of law is that the oral pronouncement of sentence controls and overrides the written pronouncement of sentence... |
572439 | that New Cingular misrepresented: 1) to AT & T customers that they would be fully supported by the newly merged company, providing “all the advantages only the nation’s largest wireless company can provide”; 2) to the FCC that the merger would improve service quality and coverage; and 3) to AT & T customers the reasons... | [
{
"docid": "22412068",
"title": "",
"text": "securities actions brought under section 10(b) and rule 10b-5, requires particularity in pleading the circumstances of the alleged fraud. Wool v. Tandem Computers, Inc., 818 F.2d 1433, 1439 (9th Cir.1987) (citing Semegen v. Weidner, 780 F.2d 727, 734-35 (9th ... | [
{
"docid": "3499605",
"title": "",
"text": "that were false. While they do allege more facts concerning DJO, those facts also fail adequately to allege representative examples of false claims. The second amended complaint identifies three physician orders DJO received in 2011 for which it purportedly su... |
700425 | interpretation, but Defendants do read the statute to exclude the sort of oral complaints made to supervisors and co-workers in the ordinary course of employment that Plaintiffs here allege. Defendants also alternatively argue that, even if informal complaints can satisfy Section 215(a)(3), they must be accompanied by ... | [
{
"docid": "23554323",
"title": "",
"text": "to serve on an industry committee[.] 29 U.S.C. § 215(a)(3). The question raised here is of first impression in this Circuit: whether FLSA’s prohibition on terminating an employee who “has filed any complaint or instituted or caused to be instituted any procee... | [
{
"docid": "10671066",
"title": "",
"text": "discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proc... |
528385 | not mean that it must.” Id. Rather, the BOP is required “to consider—in good faith” whether to transfer an inmate to a CCC. Id. In making this decision, the BOP should consider all of the factors in § 3621, as well as any other appropriate factors it routinely considers but without reference to the 2002 and 2005 polici... | [
{
"docid": "23120449",
"title": "",
"text": "U.S. at 467, 103 S.Ct. 1952. Finally, it distinguishes the case from American Hospital, in which the Court construed the statute to require individualized determinations only in narrow circumstances, and in which the regulations governed “certain issues of ge... | [
{
"docid": "22397664",
"title": "",
"text": "persuasively articulated in Lesnick v. Menifee, 2005 WL 2542908, at *4, 2005 U.S.Dist.LEXIS 23183 Congress “expressed] an intent regarding the process by which the BOP should designate inmates to CCCs.” Id., 2005 WL 2542908, at *4, 2005 U.S.Dist.LEXIS 23183, ... |
386218 | conspiracy in a civil action is merely the string whereby the plaintiff seeks to tie together those who, acting in concert, may be held responsible for any overt act or acts.” Rutkin v. Reinfeld, 229 F.2d 248, 252 (2d Cir. 1956), cert. denied, 352 U.S. 844, 77 S.Ct. 50, 1 L.Ed.2d 60 (1956). As stated in Jones v. Bales,... | [
{
"docid": "23247250",
"title": "",
"text": "law or in equity against a person acting under col- or of state law, who deprives another of rights, privileges or immunities, it does not provide a cause of action for conspiracy to deny due process or other rights, and it cannot be used for that purpose; in... | [
{
"docid": "14884293",
"title": "",
"text": "Porush, Belfort and Maxwell conspired to breach their fiduciary duties to Stratton through manipulation, mismanagement, and usurpation of Stratton, self-dealing by its principals, officers and directors, and resulting unjust enrichment and corporate waste, al... |
80345 | Id. Once Defendant has articulated a nondiscriminatory reason for the employment decision, Plaintiff has the burden of proving that such reason was a mere pretext for discrimination. McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. 1817. The ultimate burden of proving discrimination remains at all times with the plaintiff.... | [
{
"docid": "22116871",
"title": "",
"text": "of Ms. Cone under the ADEA, and therefore, she could not establish a pri-ma facie case. Ms. Cone appeals, challenging the district court’s dismissal on those grounds. We need not address whether an employer’s application of policy can be a “discharge” because... | [
{
"docid": "22374044",
"title": "",
"text": "VII of the Civil Rights Act of 1964. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-06, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). The Court has explained that \"[t]he McDonnell Douglas division of intermediate evidentiary burdens serves to bring the liti... |
74143 | an additional proof of claim in the amount of $40,465.29 for the years 1980 and 1981. The court held that because the I.R.S.’s additional claim was for different years than its initial claim, it was not an “amendment” to the existing claim; rather, it constituted a new claim altogether. Id. at 159-160. Furthermore, the... | [
{
"docid": "18645602",
"title": "",
"text": "and, if such jurisdiction exists, whether the bankruptcy court abused its discretion by permitting the extension. 1. Statutory Bases In a Chapter 13 proceeding a creditor must file a proof of claim within ninety days of the first date set for the meeting of c... | [
{
"docid": "18496244",
"title": "",
"text": "its entirety, “Rule 15 F.R.Civ.P. applies in adversary proceedings.” A claims proceeding may not be an adversary proceeding, but Bankr.R. 9014 extends Bankr.R. 7015 to “contested matters,” which include Unroe’s disputed claim. The bankruptcy rules therefore p... |
801720 | mere fact that Zurn necessarily learned some of the information contained in the documents — i.e., TVA’s bargaining positions — during the course of negotiations does not provide a basis for disclosing these documents to plaintiff. See NLRB v. Sears, 421 U.S. at 161, 95 S.Ct. at 1521; Afshar, 702 F.2d at 1139-40. Final... | [
{
"docid": "12850963",
"title": "",
"text": "in the discharge of its regulatory duties and in its dealings with the public, but hidden behind a veil of privilege because it is not designated as “formal,” “binding,” or “final.” 617 F.2d at 867, citing Sterling Drug, Inc. v. FTC, 450 F.2d 698, 708 (D.C.Ci... | [
{
"docid": "2610743",
"title": "",
"text": "or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency. 5 U.S.C. § 552(b)(5). Given the literal language of Exemption 5, it is not surprising that the courts have construed this ... |
572829 | a permissive counterclaim against an opposing party, though it does not arise out of the transaction or occurrence that is the subject matter of the opposing party’s claim. Rule 13, Fed.R. Civ.P. The matter before this court is simple— the determination of whether Harvey’s counterclaim is compulsory or permissive. If t... | [
{
"docid": "16886626",
"title": "",
"text": "and a reporter for the New York Post and stated that, among other things, Arledge and Erlick had tried to embarrass Rule in order to gain higher positions at ABC. According to the coun-terclaimants, Giaimo made the statements with the expectation and intent t... | [
{
"docid": "1185041",
"title": "",
"text": "out of the same transaction or occurrence as the government’s claim against the debtor, premised on debtor’s overdue income taxes. In Sue & Sam Mfg. Co. v. B-L-S Constr. Co., 538 F.2d 1048, 1051-53 (4th Cir.1976), the Fourth Circuit set out commonly used tests... |
418037 | from a short temper, a combative nature, extreme provocation, or other causes, generally have little or no direct bearing on honesty and veracity. Id. at 347, 383 F.2d at 940 (footnote omitted). The larceny conviction would plainly fit the Gordon guidelines as relating to veracity. The relationship of the narcotics, of... | [
{
"docid": "11813966",
"title": "",
"text": "McGOWAN, Circuit Judge. On these appeals from a jury conviction of robbery, two alleged errors in the course of the trial itself are advanced as requiring reversal. One has to do with the failure of the trial court to direct the Government that it could not u... | [
{
"docid": "12850231",
"title": "",
"text": "his wife at the time.” 627 F.2d at 1210 n. 28. . Lewis could be considered a special case because the defendant had testified that he was ignorant of street drug transactions. See 626 F.2d at 947. Thus, his prior conviction served not only to impeach his cred... |
298164 | uniformly skeptical about admitting such testimony, elaborating a host of reasons why eyewitness experts should not be allowed to testify. In the first case to address the issue, United States v. Amaral, 488 F.2d 1148 (9th Cir.1973), the Ninth Circuit held that the district court did not err in excluding expert testimo... | [
{
"docid": "23564646",
"title": "",
"text": "a timely request in circumstances in which a reasonable attorney would engage such services for a client having the independent financial means to pay for them.” (emphasis added) United States v. Bass, 477 F.2d 723, 725 (9th Cir. 1973). This approach has been... | [
{
"docid": "12073363",
"title": "",
"text": "However, cross-examination cannot uncover the reasons for misidentification because the witness honestly does not believe he or she has misidentified the defendant. See Downing, 753 F.2d at 1230 n. 6 (“To the extent that a mistaken witness may retain great co... |
297022 | weight of authority is to the contrary. Goodman v. Heublein Inc., 645 F.2d 127 (2d Cir.1981); Kelly v. American Standard, Inc., 640 F.2d 974 (9th Cir.1981); Wehr v. Burroughs Corp., 619 F.2d 276 (3d Cir.1980); Loeb v. Textron, Inc., 600 F.2d 1003 (1st Cir.1979). See also, Syvock v. Milwaukee Boiler Mfg. Co., Inc., 665 ... | [
{
"docid": "22605229",
"title": "",
"text": "Albemarle Paper Co. v. Moody, 422 U. S. 405, 414 n. 8 (1975); NLRB v. Gullett Gin Co., 340 U. S. 361, 366 (1951); National Lead Co. v. United States, 252 U. S. 140, 147 (1920); 2A C. Sands, Sutherland on Statutory Construction § 49.09 and cases cited (4th ed.... | [
{
"docid": "22821893",
"title": "",
"text": "in the ADEA parallels Title VII the two statutes are to be construed consistently. . The ADEA provides that “liquidated damages shall be payable only in cases of willful violations of this chapter.” 29 U.S.C. § 626(b). See id. § 216(b) (defining liquidated da... |
582861 | a government agent “only when the informant has been instructed by the police to get information about the particular defendant.” United States v. Birbal, 113 F.3d 342, 346 (2d Cir.1997). Because “[t]he Massiah rule covers only those statements obtained as a result of an intentional effort on the part of the government... | [
{
"docid": "22629630",
"title": "",
"text": "“medium” between himself and the State. Maine v. Moulton, 474 U. S. 159, 176 (1985). Accordingly, the Sixth Amendment “imposes on the State an affirmative obligation to respect and preserve the accused’s choice to seek [the assistance of counsel],” id., at 17... | [
{
"docid": "16110978",
"title": "",
"text": "84 S.Ct. 1199, 12 L.Ed.2d 246 (1964). In Massiah, the Supreme Court held that it is a violation of the Sixth Amendment right to counsel for a private individual, acting as a government agent, to “deliberately elicit[ ]” incriminating statements from the accus... |
19396 | that rejection of two of his claims was proper, but we think the third necessitated a hearing. In his appeal petitioner alleges three constitutional violations: (1) the identification process employed after petitioner’s arrest violated due process of law; (2) petitioner’s trial counsel was ineffective in that he failed... | [
{
"docid": "22656256",
"title": "",
"text": "her hospital bed after being asked by an officer whether he \"was the man” and after petitioner repeated at the direction of an officer a “few words for voice identification.” None of the witnesses could recall the words that were used. Mrs. Behrendt and the ... | [
{
"docid": "22016411",
"title": "",
"text": "not merited because petitioner failed to show that a timely objection would not have been sustained,'and because the practice of the particular judge in question was to allow any accused who so desired to be tried in civilian clothes. Estelle v. Williams does... |
194357 | corporation had paid no dividends for several years. Catherine had lived in Seattle since 1946, spent only a few days in each year with the business, attending stockholders’ or directors’ meetings. Daniel, Sheldon, and Lyman devoted their full time to the petitioner’s business. With an increase of business volume in si... | [
{
"docid": "15300710",
"title": "",
"text": "OPINION. Arnold, Judge: The fundamental question here is whether Quartz had excessive profits in the taxable year. The answer depends upon whether all or only a part of the $139,098.82 paid by Quartz for execu tive, managerial, engineering, and expediting ser... | [
{
"docid": "7823595",
"title": "",
"text": "and difficult business. In its supersonic airplane activities and its rocket engine, missile, and atomic work it was exploring new and advanced fields. In all of its manufacturing activities, including its guidance systems, its production operations necessitat... |
319212 | 2010) (“[PJhysical removal of a petitioner by the United States does not preclude the petitioner from pursuing a motion to reopen [immigration proceedings].”). In a similar context, we determined that reinstatement of a previous removal order did not violate due process where the alien was not entitled to have the vali... | [
{
"docid": "22771588",
"title": "",
"text": "penalize an alien for reentry (criminal and civil penalties do that); it establishes a process to remove him “under the prior order at any time after the reentry.” Ibid. ... [T]he statute applies to stop an indefinitely continuing violation that the alien him... | [
{
"docid": "22192252",
"title": "",
"text": "98 F.3d at 424. In this case, petitioners had good reason to believe that direct review was not available and that a habeas corpus petition was their only avenue to secure judicial review. This court reached the same conclusion in Martinez-Vitela, and the gov... |
445373 | law claims without reference to federal labor law, the UFCW Constitution, or this court’s June 2, 1986, order. The removal statute does not predicate removal on the filing of a complaint, although the most common “initial pleading” is a complaint. Rather, the statute contemplates as the initial pleading the first docum... | [
{
"docid": "23564364",
"title": "",
"text": "MURRAH, Circuit Judge. The defendant-appellee removed this action from the Colorado District Court to the Federal District Court of that State for diversity of citizenship and requisite amount in controversy. The plaintiff-appellants moved to remand for untim... | [
{
"docid": "12982008",
"title": "",
"text": "objection to a late petition for removal will therefore result in remand. Webster v. Dow United Tech. Composite Prods., Inc., 925 F.Supp. 727, 729 (M.D.Ala.1996) (internal citations omitted) (remanding case removed more than thirty days after complaint filed ... |
684181 | was concerned with title to the stream bed but nevertheless stated: “Indeed, the United States seems to have had no present interest in retaining title to the river bed at all; it had all it was concerned with in its navigational easement via the constitutional power over commerce.” 397 U.S. at 635, 90 S.Ct. at 1336-37... | [
{
"docid": "22786325",
"title": "",
"text": "the act of the legislature, under which they are proceeding, justifies the building of the bridge. The complainants insist that such an obstruction to the navigation of the river is repugnant to the Constitution and laws of the United States, touching the sub... | [
{
"docid": "6768346",
"title": "",
"text": "that issue is not here resolved. Compensation for Lands Taken The first issue raised, concerns the Tribes’ entitlement to compensation for water power values associated with their lands. The Tribes assert that even though the navigational servitude may be exer... |
700409 | "continue until expiration 'and thereafter'-but then specifies when coverage may be ended."") (emphasis added). But section 7 does not mention termination of benefits, only termination of the agreement. And the Supreme Court has held that benefits that vest during the term of an agreement, ""as a general rule, survive ... | [
{
"docid": "23524763",
"title": "",
"text": "be terminated, then those benefits do not vest. Ryan, supra. Where a contract of set duration is silent on the issue of vesting, we presume that benefits were not intended to vest. Senn v. United Dominion Industries, Inc., 951 F.2d 806, 816 (7th Cir.1992); Bi... | [
{
"docid": "6553587",
"title": "",
"text": "to grant a preliminary injunction); and (6) Golden v. Kelsey-Hayes Co., 954 F.Supp. 1173 (E.D.Mich.1997) (Gadola J.) (granting summary judgment for retirees). Based on the Golden-Meridian precedents, which addressed either the same CBAs at issue here, or “virt... |
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