query_id stringlengths 4 6 | query stringlengths 75 2.13k | positive_passages listlengths 1 1 | negative_passages listlengths 20 20 |
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38373 | 362 F.2d 210 (6 Cir. 1966) ; Duggins v. United States, 240 F.2d 479, 482 (6 Cir. 1957) ; Ekberg v. United States, 167 F.2d 380, 388 (1 Cir. 1948). . Welty raises for the first time, on appeal, the contention that the conspiracy sentence under § 371 is invalid because there can be no consecutive punishment for conspirac... | [
{
"docid": "14226854",
"title": "",
"text": "puts in jeopardy the life of any person by the use of a dangerous weapon or device, the penalty for such crime shall be a fine of not more than $10,000 or imprisonment for a term or not more than 25 years or both. Here, the defendants were charged in Count I ... | [
{
"docid": "931922",
"title": "",
"text": "46, 55 (8th Cir. 1960), cert. denied, 365 U.S. 812, 81 S.Ct. 693, 5 L.Ed. 2d 692 (1961). Affirmed. . Nardoni was indicted on three counts: (1) for violating 21 U.S.C. § 846 by conspiring to violate 21 U.S.C. § 841(a) (1); (2) for violating 21 U.S.C. § 841(a)(1)... |
215381 | § 85-1308. . For the legislative history see 2 Environmental Law Reporter, 10022f.; Ray M. Druly, “The Refuse Act of 1899” (Monograph No. 11), pp. 3-4, Environment Reporter, 1972. . Report No. 91-917 of House Committee on Government Operations, 91st Congress, 2nd Session (1970), p. 2. The Report adds that this “restric... | [
{
"docid": "4337059",
"title": "",
"text": "illegally caused. In response to the holding in Willamette Iron Bridge Co. v. Hatch, 125 U.S. 1, 8 S.Ct. 811, 31 L.Ed. 629 (1888) that there was no federal common law prohibiting an obstruction to a navigable stream, Congress moved speedily to pass the Rivers ... | [
{
"docid": "22039486",
"title": "",
"text": "to Conservation: The Call for a National Water Policy and the Evolution of Federal Jurisdiction Over Wetlands, 69 N. D. L. Rev. 873, 877 (1993). This goal was pursued through the various Rivers and Harbors Acts, the most comprehensive of which was the RHA of ... |
387445 | the district court. AFFIRMED. . Edwards' original Motion for Protection of Trial Dates or in the Alternative Motion for Continuance stated that it sought to protect the dates of July 8 to August 8, 1998. Subsequently, at a status conference held June 17, 1998, Edwards’ counsel clarified that he only sought protection b... | [
{
"docid": "9363385",
"title": "",
"text": "se and, alternatively, abused its discretion when it refused to grant him a continuance. Second, he asserts that the court erred in refusing to suppress the statements he made to the Alcoholics Anonymous workers the night of his arrest. Third, he maintains tha... | [
{
"docid": "6658371",
"title": "",
"text": "that the government presented overwhelming evidence against Edwards regarding his sale of drugs on two occasions to an informant. Under these circumstances, even assuming a Confrontation Clause violation, any error is harmless beyond a reasonable doubt. Thus, ... |
592952 | which focused on assessing the propriety of Solitro’s leaving cover. This argument is incorrect; the court did not abuse its discretion in admitting this evidence. Likewise, the court did not abuse its discretion in instructing the jury that “events leading up to the shooting” could be considered by it in determining t... | [
{
"docid": "20190041",
"title": "",
"text": "Court has used the same “objectively reasonable” standard in describing both the constitutional test of liability, see Graham, 490 U.S. at 397, 109 S.Ct. at 1872, and the Court’s own standard for qualified immunity. Anderson, 483 U.S. at 639, 107 S.Ct. at 303... | [
{
"docid": "15657086",
"title": "",
"text": "how it is carried out.” Graham v. Connor, 490 U.S. 386, 395, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (citing Tennessee v. Garner, 471 U.S. 1, 7-8, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985)). Thus there is a cause of action under 42 U.S.C. § 1983 for excessive force ... |
275035 | "Janie Clayton was part of the purchase price. It is true that if the bank had made inquiry of law enforcement officials as to the record and reputation of Leroy Clayton that it would not have put them on notice since Leroy Clayton had no previous record or reputation for violations of the Internal Revenue law. In equi... | [
{
"docid": "23294073",
"title": "",
"text": "which claimant’s interest arises, has a record or. reputation for violating state or federal liquor laws, then claimant must, before acquiring such interest, have been informed, in answer to his inquiry of a federal or principal local law enforcement officer,... | [
{
"docid": "23109210",
"title": "",
"text": "grant the claimant’s petition. As we pointed out in United States v. One Hudson Coupe, 110 F.2d 300, 302, both record and reputation are necessarily subjects of inquiry and information, and “it should by now be an elementary proposition that subsection (d) of... |
815247 | 917 F.2d 382, 385 (9th Cir.1990) (citations omitted). In order for defendants’ approved vendor policy to survive plaintiffs’ free speech claims, it thus must be “reasonably related to legitimate penological interests” as determined by applying the Turner four-factor test. Prison Legal News, 397 F.3d at 699. Here, there... | [
{
"docid": "9822778",
"title": "",
"text": "identity). The first element of the Turner test directs us to (1) determine whether the Department’s regulation is legitimate and neutral; and (2) assess whether there is a rational relationship between the governmental objective and the regulation. We hold th... | [
{
"docid": "17988667",
"title": "",
"text": "objective and the regulation, the level of scrutiny applied to the judgment of prison officials “depends on the circumstances in each case.” Prison Legal News, 238 F.3d at 1150. If the inmate presents sufficient evidence to “refute[ ] a commonsense connection... |
274444 | nephews, 2% are grandchildren, 3% are cousins, 1% are spouses and 1% are aunts or uncles. The new DSS policy terminates the benefits of these recipients unless 1) the recipient or landlord was disabled, 2) the recipient could show that he was, in fact, not related to the landlord or 3) the entire household qualified fo... | [
{
"docid": "23093342",
"title": "",
"text": "Because we conclude that § 1611 (f) does not violate the Constitution, there is no occasion to consider the remedial issues raised by the appeal and cross-appeal. Social welfare legislation, by its very nature, involves drawing lines among categories of peopl... | [
{
"docid": "13331310",
"title": "",
"text": "S.Ct. 1367, 4 L.Ed.2d 1435, was concerned with a due process argument relating to classifications established by nonentitlement provisions of the Act affecting aliens. The Court said, Ibid, at 611, 80 S.Ct. at 1373: “Particularly when we deal with a withholdi... |
514353 | paid or had “the final word as to what bills should or should not be paid and when.” Adams v. United States, 504 F.2d 73, 75 (7th Cir.1974), cert. denied sub nom. Estate of Klein v. Commissioner, 421 U.S. 991, 95 S.Ct. 1998, 44 L.Ed.2d 482 (1975). In the context of this case, “the word ‘final’ means significant rather ... | [
{
"docid": "22927325",
"title": "",
"text": "does include officer and employee, but certainly does not exclude all others. Its scope is illustrated rather than qualified by the specified examples. In our judgment the section must be construed to include all those so connected with a corporation as to be... | [
{
"docid": "9543979",
"title": "",
"text": "in respect of which the violation occurs. (emphasis supplied). “Duty” under § 6671(b) has a much more focused meaning than the generalized duty of all taxpayers to pay taxes and is expressly limited to the duty that attaches to the position an employee holds w... |
676017 | "consent of Hudson, at the end of Hudson’s case. However, allegations concerning the use of trademarks remain in the case to the extent the allegations or facts so developed affect the allegations with regard to sections one and/or two of the Sherman Act. (Trans. 10/14 at 50 to 78.) . The parties have not indicated wha... | [
{
"docid": "23255203",
"title": "",
"text": "of interstate commerce.” United States v. Consolidated Laundries Corp., 291 F.2d 563, 573 (2d Cir. 1971). Some commentators have argued, however, that relevant market should be considered a necessary element of Section 2 conspiracy claims, at least in civil c... | [
{
"docid": "18626977",
"title": "",
"text": "and attempt to monopolize the sale of canning tomatoes in California by CTGA. Although Sherman Act § 2 makes it unlawful for any person to monopolize, attempt to monopolize, or conspire with another to monopolize trade, there exists an “inherent conflict betw... |
548299 | evidence is a violation of the accused’s due process rights. Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) (“[T]he suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or punishment, irrespective of... | [
{
"docid": "22606807",
"title": "",
"text": "See id., at 86 (relying on Mooney v. Holohan, 294 U. S. 103, 112 (1935), and Pyle v. Kansas, 317 U. S. 213, 215-216 (1942)). Brady held “that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the ev... | [
{
"docid": "4864738",
"title": "",
"text": "and Acosta is consistent with Van Arsdall that Friedman does not have the unfettered right to cross-examination. 4. Giglio Friedman argues that the Government violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) and Giglio v. United St... |
514467 | v. Adolph Coors Co. (In re Globe Distributors, Inc.), 145 B.R. 728 (Bankr.D.N.H.1992); In re WHET, Inc., 61 B.R. 709 (Bankr.D.Mass.1986). . In re Pub. Serv. Co. of New Hampshire, 160 B.R. 404, 418 (Bankr.D.N.H.1993). . Id. at 418-420. . Boston & Maine Corp. v. Sheehan, Phinney, Bass & Green, P.A., 778 F.2d 890, 894 n. ... | [
{
"docid": "6945801",
"title": "",
"text": "to a case are those which foster and enhance, rather than retard or interrupt the progress of reorganization.” In re Richton International Corp., 15 B.R. 854, 855 (Bankr.S.D.N.Y.1981). While the policy aim behind these provisions is to promote meaningful credi... | [
{
"docid": "11406634",
"title": "",
"text": "in pertinent part: (a) Each United States trustee, within the region for which such United States trustee is appointed, shall— (3) supervise the administration of cases and trustees in cases under chapter 7, 11, or 13 of title 11 by, whenever the United State... |
294423 | standard, the parties’ almost certain knowledge at the time the fees were paid that the most important condition would not be met rendered the value of the loan essentially illusory, and therefore not reasonably equivalent to the fees being paid. Id. at 153-54. Although Adler does state that “the term Value’ [excludes]... | [
{
"docid": "14986990",
"title": "",
"text": "whether Mr. and Mrs. Chomakos received property of reasonably equivalent value in exchange for the money they wagered at the casino is the point at which their bets were placed. See In re Morris Communications NC, Inc., 914 F.2d 458, 466 (4th Cir.1990), quoti... | [
{
"docid": "8520802",
"title": "",
"text": "548.05[l][b], at 548-35. None of the forms of value Appellants argue Adler received, singly or combined, rises to a level that may be deemed “reasonably equivalent” commercial value. First, the statute requires that the debtor must have “received” the value in... |
18913 | days remained to be served on the original sentence. Zavada is not eligible for conditional release until March 18, 1962. Zavada urges that he was in federal custody in Ohio under the parole violation warrant and that when the United States subsequently released him to the state authorities it lost jurisdiction over hi... | [
{
"docid": "23079779",
"title": "",
"text": "the commitment order “to keep” the prisoner means keep him in the Los Angeles jail until time to take the train for McNeil Island in the state of Washington. We cannot shut our eyes to the fact that there must have been an interval of time when the commitment... | [
{
"docid": "11888564",
"title": "",
"text": "PER CURIAM. Appellant appeals from a denial of his petition for a writ of habeas corpus. He was sentenced in 1953 to a term of ten years in the District of Nebraska for bank robbery, and commenced the serving of his sentence. On April 7, 1960, he was released... |
873196 | counsel and independent experts. Cook thus appears to advocate a per se rule prohibiting disclosure of trade secrets to a competitor’s employees. When pressed on this issue at oral argument, however, Cook backed away from the contention that a per se rule applies. Such a retreat is not surprising in light of the fact t... | [
{
"docid": "316817",
"title": "",
"text": "trial attorney. The defendant has represented to this Court that its in-house counsel involved in this litigation neither conduct scientific research nor prosecute patents. These attorneys simply do not face Mr. Greene’s prospect of having to distil one’s own t... | [
{
"docid": "6650328",
"title": "",
"text": "upon a showing that the employees had actually used the confidential information. SKF has presented virtually no evidence of actual use, so this court must limit the relief ordered to remedying the violation of the non-disclosure covenant. The third case ident... |
590057 | case” because the Act “creates a new right” that is “exclusive”); Haseltine v. Central Bank of Springfield, 183 U. S. 132, 134 (1901) (“[T]he definition of usury and the penalties affixed thereto must be determined by the National Banking Act and not by the law of the State”). In addition to this Court’s longstanding a... | [
{
"docid": "22056773",
"title": "",
"text": "Mr. Justice STRONG delivered the opinion of the court. In an action like the present,'brought to recover that which is substantially a statutory penalty, the statute must receive a strict, that is, a literal construction. The defendant is not to be subjected ... | [
{
"docid": "23083220",
"title": "",
"text": "allowing the plaintiff to “avoid federal jurisdiction by exclusive reliance on state law.” Caterpillar Inc. v. Williams, 482 U.S. 386, 392, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987). An independent corollary to this general rule is the “complete preemption” doctr... |
748590 | standards governing the substance of the agency decision to recommend a major federal action which can guide the judicial reweighing that plaintiffs seek. Courts that have discussed, either de-cisionally or in dicta, whether APA review extends to the merits of the agency’s final decision have reached varying results. T... | [
{
"docid": "6356844",
"title": "",
"text": "brought to the attention of the District Court under its reserved jurisdiction. We affirm the judgments of the District Court and vacate all orders granting injunctions by this court. . Intervenor on the side of the plaintiffs is The Sierra Club. . Intervenors... | [
{
"docid": "22959857",
"title": "",
"text": "unlawful.” This is the standard this circuit has adopted in reviewing a substantive decision to proceed with a project after the agency ha's prepared an adequate EIS considering the environmental effects. Environmental Defense Fund v. Corps of Engineers, 470 ... |
758279 | that such a “pageant” may not rise to the level of artistic endeavor that “Hair” or “La Cage aux Folies” represent, it is still expression. Defendants have failed to produce evidence, authority or argument that evaluations of the degree of “art” in entertainment make a difference in the extent of constitutional protect... | [
{
"docid": "22429044",
"title": "",
"text": "newspaper they were rationally related to an article that itself was clearly entitled to the protection of the Fourteenth Amendment. Thornhill v. Alabama, supra. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are gra... | [
{
"docid": "10673739",
"title": "",
"text": "law, as written or authoritatively construed. A state offense must also be limited to works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which taken as a whole, do not have seri... |
264035 | Ass’n, 322 F.3d 1039, 1046 (9th Cir.2003)). IV. DISCUSSION Kostick makes a bifurcated equal protection challenge to Hawaii’s reapportionment plan. He first protests the extraction of non-resident military personnel, their dependents, and non-resident students. He argues that using a population base that does not includ... | [
{
"docid": "23210798",
"title": "",
"text": "may be according to the number of their inhabitants as reported in the last preceding decennial census of the United States.” Art. IV, §1, ¶1. Similarly, the Pennsylvania Constitution requires that “[i]n each year following the year of the Federal decennial c... | [
{
"docid": "8824497",
"title": "",
"text": "based upon the State Attorney General’s preliminary view, “counting nonresidents is not warranted in law.” Id. On September 19, 2011, after much debate, “[t]he Commission adopted a final apportionment plan that computed the permanent resident base by excluding... |
71512 | parties’ familiarity with the underlying facts and procedural history of the case. When the BIA adopts the decision of the IJ and supplements the IJ’s decision, we review the decision of the IJ as supplemented by the BIA. Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir.2005). We review the BIA’s denial of a motion to r... | [
{
"docid": "14116599",
"title": "",
"text": "it will apply preclusion principles in immigration proceedings. Matter of Fedorenko, 19 I. & N. Dec. 57, 61 (B.I.A.1984). In addition, the Supreme Court has stated that “where a common-law principle is well established, as are the rules of preclusion, the cou... | [
{
"docid": "22621992",
"title": "",
"text": "BIA.” Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir.2005). Here, the BIA did not expressly “adopt” the IJ’s decision, but its brief opinion closely tracks the IJ’s reasoning. It is not entirely clear whether we include the IJ’s decision in our review in suc... |
882908 | 1978, pp. 5787, 5865, 6320. Or, if Congress particularly approved of a judicial result, it codified it. For instance, § 510(c), which authorizes bankruptcy courts to equitably subordinate certain claims, is “intended to codify case law, such as Pepper v. Litton, 308 U.S. 295 [60 S.Ct. 238, 84 L.Ed. 281] (1930), and Tay... | [
{
"docid": "15517534",
"title": "",
"text": "law when an offer of compromise is accepted but which subsequently fails of consummation. The framers of the 1898 Bankruptcy Act, wishing to avoid confusion on a concept so central in bankruptcy, offered explicit language on the nature of a discharge within a... | [
{
"docid": "7190261",
"title": "",
"text": "669 F.2d 1325, 1330 (9th Cir.1982); In re Kerber Packing Co., 276 F.2d 245, 246-47 (7th Cir.1960); United States v. Bass, 271 F.2d 129, 130 (9th Cir. 1959); In re Macomb Trailer Coach, Inc., 200 F.2d 611, 613 (6th Cir.1952), cert. denied, 345 U.S. 958, 73 S.Ct... |
348094 | further argued that all parts of the statute must be reconciled and given consistent, harmonious, and sensible effect if that can be done; that all of the words contained in it must be given effect; that it will not be presumed that Congress used extra and idle verbiage; and that a taxing statute should be liberally co... | [
{
"docid": "22681528",
"title": "",
"text": "any such enlargement in the scope of its provisions. 56 Cong. Rec., Pt. 12, App. p. 698; 65th Cong. 3d sess., Sen. Rep. No. 617, p. 17. We cannot, however, regard the slight negative inference which might be drawn from the failure of these chairmen to point o... | [
{
"docid": "23126596",
"title": "",
"text": "Tax Court itself observed in rebuffing another attempt of respondent to extend these penalties by implication: “If the legislature had intended such a result it would have been a simple matter so to provide.” [Anthony Delsanter, supra, 28 T.C. at page 862.] M... |
574363 | once again spoken on this subject when, on June 9, 1952 in the matter of Brotherhood of Railroad Trainmen v. Howard, 72 S.Ct. 1022, 1025, Justice Black speaking for the. majority said: “Here, as in the S'teele case [Steele v. Louisville & N. R. Co., 323 U.S. 192, 65 S.Ct. 226, 89 L.Ed. 173], colored workers must look t... | [
{
"docid": "22639841",
"title": "",
"text": "courts were not ousted of their jurisdiction, we upheld the right of employees to sue the carrier although the employment relationship still existed. The case before us is quite different from Switchmen’s Union v. Mediation Board, 320 U. S. 297, and General C... | [
{
"docid": "12778720",
"title": "",
"text": "L.Ed. 187 (1944); Dillard v. Chesapeake & O. Ry. Co., 199 F.2d 948 (4 Cir. 1952); Rolax v. Atlantic Coast Line R. Co., 186 F.2d 473 (4 Cir. 1951) are cited and relied upon. Steele, supra, the principal case relied upon by appellant, involved racial discrimina... |
298529 | "of an expert report on the literal eve of the class certification hearing. In any event, the contents of Dr. Blume's affidavit would not alter the Court's bottom-line conclusion that class certification is inappropriate in this particular case. . In the motion to amend, Plaintiffs also express a desire to ""add and/or... | [
{
"docid": "21034498",
"title": "",
"text": "and refunded Ms. Kirkland’s payment for the second year. Ms. Kirkland filed suit in the Superior Court of Richmond County against Midland and Balboa on October 13, 1997, alleging breach of fiduciary duty, fraud, theft, and money had and received. Shortly ther... | [
{
"docid": "22055618",
"title": "",
"text": "but it subsequently approved the substitution of new next friends on March 20, 1992, and the adequacy of representation issue is no longer pressed. . We raised sua sponte the question whether we had appellate jurisdiction to consider the case since the named ... |
464808 | that sovereign immunity would apply as long as the federal official’s actions were “within the outer perimeter of [his] line of duty.” 360 U.S. at 575, 79 S.Ct. at 1341. Therefore, a federal employee who exercises discretion in carrying out his official duties will be immune from liability for common-law torts as long ... | [
{
"docid": "22122155",
"title": "",
"text": "inevitable.” The Court of Appeals also found it to be undisputed “that the work which the contractor had done in the river bed was all authorized and directed by the Government of the United States for the purpose of improving the navigation of this navigable... | [
{
"docid": "8181582",
"title": "",
"text": "that they are not absolutely immune under the Speech or Debate Clause, they are entitled to absolute or qualified immunity under the doctrine of official immunity. To the extent that their conduct is authorized, this Court is of the view that the congressional... |
119097 | U.S. 306, 311, 93 S.Ct. 2018, 36 L.Ed.2d 912 (1973); Dombrowski v. Eastland, 387 U.S. 82, 84, 87 S.Ct. 1425, 18 L.Ed.2d 577 (1967). By citing these Supreme Court cases, we do not suggest that any one of them supplies precisely controlling law as to our present case. The Courts of Appeals do supply well-argued opinions ... | [
{
"docid": "14009978",
"title": "",
"text": "conferred upon members of Congress by the “Speech or Debate” clause in the United States Constitution. The “Speech or Debate” clause does not apply, or purport to apply, to state legislators. United States v. Craig, 7 Cir., en banc, 1976, 537 F.2d 957, cert. ... | [
{
"docid": "22797779",
"title": "",
"text": "seems to me, set forth the guidelines appropriate for this one, and I would follow them in the present context. II I also do not join the Court in its flat ruling, ante, at 404, that the Speech or Debate Clause of our Federal Constitution, Art. I, § 6, has no... |
580622 | child photographed but of the exhibition which the photographer sets up for an audience that consists of himself or likeminded pedophiles.... The picture of a child “engaged in sexually explicit conduct” within the meaning of 18 U.S.C. §§ 2251 and 2252 as defined by § 2255(2)(E) is a picture of a child’s sex organs dis... | [
{
"docid": "16222033",
"title": "",
"text": "denied, 484 U.S. 856, 108 S.Ct. 164, 98 L.Ed.2d 118 (1987). The court explained that “lasciviousness is not a characteristic of the child photographed but of the exhibition which the photographer sets up for an audience that consists of himself or like minded... | [
{
"docid": "23239078",
"title": "",
"text": "cause, “[i]f an image of a minor displays the minor’s naked genital area ... [,] unless there are strong indicators that [the image] is not lascivious.” Id. at 1086-87. Although we appreciate the district court’s careful analysis and critique of Dost, we do n... |
121288 | who supplies a carrier with inaccurate information about a cargo, without regard to the carrier’s conduct. Moreover, even if it were assumed that the common law defense of equitable estoppel were incorporated into the statutory cause of action created by § 1303(5), the defense simply has no application here. Traditiona... | [
{
"docid": "2886234",
"title": "",
"text": "23,441. Moreover, appellants cannot escape their own brochure definitions. “A Limited Risk Forward, or LRF, is a hedged contract to buy or sell a specific commodity for a specific price on or before a specific date.” An option is “a right to buy (or sell) a co... | [
{
"docid": "300260",
"title": "",
"text": "advantage of his own wrong.” Glus v. Brooklyn E. Dist. Terminal, 359 U.S. 231, 232, 79 S.Ct. 760, 3 L.Ed.2d 770 (1959). “‘The principle is that where one party has by his representations or his conduct induced the other party to a transaction to give him an adv... |
503172 | Hughey, 877 F.2d 1256, 1261 (5th Cir.1989) (collecting cases), rev’d on other grounds, 495 U.S. 411, 110 S.Ct. 1979, 109 L.Ed.2d 408 (1990)). And in order to make a victim whole, prejudgment interest may be necessary to “allow an injured party to recoup the time-value of his loss.” William A. Graham Co. v. Haughey, 646... | [
{
"docid": "8472656",
"title": "",
"text": "their victims whole.” Rochester, 898 F.2d at 983. See also Smith, 944 F.2d at 626. Prejudgment interest reflects the victim’s loss due to his inability to use the money for a productive purpose, and is therefore necessary to make the victim whole. This is espe... | [
{
"docid": "22898806",
"title": "",
"text": "Officer’s Questionnaire (Count Six) — and no restitution is appropriate. 1 Restitution under the Victim and Witness Protection Act (VWPA) is limited to losses caused by the specific conduct that is the basis of the offense of conviction, Hughey v. United Stat... |
250031 | 9, 2001. This petition followed. II. Discussion: Where the BIA adopts the findings and reasoning of the IJ, this court reviews the decision of the IJ as if it were that of the BIA. Al-Harbi v. INS, 242 F.3d 882, 887 (9th Cir.2001). The standard of review is extremely deferential: “administrative findings of fact are co... | [
{
"docid": "22671542",
"title": "",
"text": "been questioned at home, Chebchoub testified that they have never been arrested or taken into custody. In October 1995 Chebchoub applied for relief from deportation proceedings, claiming persecution by the Moroccan government on the basis of political opinion... | [
{
"docid": "22736085",
"title": "",
"text": "entered without admission or parole. At the removal hearing, Singh conceded removability. At 'a subsequent hearing, the IJ denied Singh’s application for asylum and withholding of removal on the grounds that his testimony lacked credibility. In addition, the ... |
303061 | "Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967), and held that officials were not liable for constitutional violations where they reasonably believed that their conduct was constitutional. See E. Clarke, Safford Unified Sch. Dist. No. 1 v. Redding; Why Qualified Immunity is a Poor Fit in Fourth Amen... | [
{
"docid": "22713946",
"title": "",
"text": "which his action violated a student’s constitutional rights, a school board member, who has voluntarily undertaken the task of supervising the operation of the school and the activities of the students, must be held to a standard of conduct based not only on ... | [
{
"docid": "21728264",
"title": "",
"text": "into a home is also a grave concern, not only to the individual but to a society which chooses to dwell in reasonable security and freedom from surveillance. When the' right of privacy must reasonably yield to the right of search is, as a rule, to be decided ... |
654801 | with due process. Wenz, 55 F.3d at 1507; Custom Vinyl Compounding Inc. v. Bushart & Associates, Inc., 810 F.Supp. 285, 287 (D.Colo.1992). Because the Colorado long-arm statute extends personal jurisdiction within the state as far as the federal constitutional requirements of due process permit, Keefe v. Kirschenbaum & ... | [
{
"docid": "23379317",
"title": "",
"text": "Kuenzle's skis. Prior to the district court's consideration of Tyrolia’s motion to dismiss, the Kuenzles reached a settlement with Hoback, leaving Tyrolia as sole defendant. . The \"minimum contacts\" principle was first articulated in International Shoe v. W... | [
{
"docid": "12545009",
"title": "",
"text": "long-arm statute collapses into a single due process inquiry. See Ruston Gas Turbines, Inc. v. Donaldson Co., 9 F.3d 415, 418 (5th Cir.1993); Schlobohm v. Schapiro, 784 S.W.2d 355, 356-57 (Tex.1990). Whether the exercise of personal jurisdiction over Defendan... |
802978 | "of less than ideal clarity if the agency’s path may reasonably be discerned.” 419 U.S. at 285-86, 95 S.Ct. 438 (citing Colorado Interstate Gas Co. v. FPC, 324 U.S. 581, 595, 65 S.Ct. 829, 89 L.Ed. 1206 (1945)). Because the administrative record reflects that APHIS adequately addressed the relevant facts, engaged in su... | [
{
"docid": "22269401",
"title": "",
"text": "possible presence of the Mexican Spotted Owl in the project area. Arguably, the owls or their habitat could be “present” despite the determination that the project would have “no effect” on them. However, Southwest Center cannot rely on the Forest Service Man... | [
{
"docid": "7560610",
"title": "",
"text": "decision in the instant ease and remand for review of the agency’s action under the arbitrary and capricious standard from § 318(g)(1) as mandated by the Supreme Court in Robertson. IV SCOPE OF REVIEW Appellants argue the district court improperly relied upon ... |
866544 | "attached several passages from a catechism and the Bible, see Pl.'s Resp. Exs. 2, 6, three notarized witness statements relating to one of Mr. Schrader’s arrests for civil contempt, see Pl.'s Resp. Ex. 4, and several memoranda of law relating to banking, bankruptcy and ""defeating corruption by law,” see Pl.’s Resp. E... | [
{
"docid": "22722063",
"title": "",
"text": "Per Curiam. A long line of this Court’s precedents acknowledges that, generally, a judge is immune from a suit for money damages. See, e. g., Forrester v. White, 484 U. S. 219 (1988); Cleavinger v. Saxner, 474 U. S. 193 (1985); Dennis v. Sparks, 449 U. S. 24 ... | [
{
"docid": "4582731",
"title": "",
"text": "535 U.S. 302, 322, 122 S.Ct. 1465, 152 L.Ed.2d 517 (2002)))); cf. Ladd v. United States, 630 F.3d 1015, 1025 (Fed.Cir.2010) (“[P]hysical takings are compensable, even when temporary.” (citing Hendler v. United States, 952 F.2d 1364, 1376 (Fed.Cir.1991))). The ... |
384586 | result of a default under the contract or lease between the parties and are recoverable under the contract and applicable state law. See, e.g., In re F & N Acquisition Corp., 152 B.R. 304, 308 (Bankr.W.D.Wash.1993); In re Hillsborough Holdings Corp., 126 B.R. 895, 898 (Bankr.M.D.Fla.1991). Entitlement to attorneys’ fee... | [
{
"docid": "6938006",
"title": "",
"text": "award of attorneys’ fees to the landlords’ counsel without regard to the terms of the lease. In re Westworld Community Healthcare, Inc., 95 B.R. 730 (Bankr.C.D.Cal.1989). The respective records in all of the other cases we found considering attorney fees under... | [
{
"docid": "12616611",
"title": "",
"text": "of a Chapter 11 reorganization, because rejection can release the debtor’s estate from burdensome obligations that can impede a successful reorganization.” NLRB v. Bildisco & Bildisco, 465 U.S. 513, 528, 104 S.Ct. 1188, 79 L.Ed.2d 482 (1984). Likewise, the po... |
760031 | must be enough of a showing that the jury could reasonably find for that party.” Abbes v. Embraer Servs., Inc., 196 Fed.Appx. 898, 899-900 (11th Cir. 2006)’ (quoting Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990)). When deciding whethfer summary judgment is appropriate, “the evidence, and all inferences drawn fr... | [
{
"docid": "6231766",
"title": "",
"text": "without the latter’s written consent). Notwithstanding the contrary policy language, EmbroidMe argues that it can still prevail on its claim for reimbursement because Travelers failed to timely notify Em-broidMe that Travelers was unwilling to pay these previo... | [
{
"docid": "20628136",
"title": "",
"text": "(citations omitted). That is, interpretation of a contract is governed by the law of the jurisdiction where the contract was executed. See id. at 1091 n. 1. The parties do not dispute that Florida law applies to the interpretation of the insurance contract at... |
336178 | for review and motions for a stay of removal and a stay of the voluntary departure period. We denied both motions. II. The government argues that we lack jurisdiction over the petition for review under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), which provides that a determinatio... | [
{
"docid": "23146923",
"title": "",
"text": "two the number of witnesses he could call to testify, and (3) the principles of res judicata should apply to the question of whether he had suffered past persecution, since he had been admitted to the United States as a refugee in 1996. The BIA dismissed his ... | [
{
"docid": "16453484",
"title": "",
"text": "to Appear,” charging him with inadmissibility by virtue of his federal conviction under the Immigration and Nationality Act 8 U.S.C., § 1182(a)(2)(A)(i)(I). On January 21, 2010, Hanif conceded his inadmissibility as charged. Hanif then sought a waiver of inad... |
880405 | earring during school hours and on school grounds. Breen and Crews struck down regulations which dictated the students’ appearance both in and out of school. We find that the Board's gang policy is rational and does not unconstitutionally curtail a student’s freedom to choose his own appearance. See Kelley v. Johnson, ... | [
{
"docid": "23383020",
"title": "",
"text": "competition in the boys’ program. The answer must depend on whether it is permissible for the defendants to structure their athletic programs by using sex as one criterion for eligibility. If the classification is reasonable in substantially all of its applic... | [
{
"docid": "15206996",
"title": "",
"text": "1, 55, 93 S.Ct. 1278, 36 L.Ed.2d 16 (1973). . Mr. Justice Powell stated in concurrence that “I find no negative implication in the opinion with respect to a liberty interest within the Fourteenth Amendment as to matters of personal appearance.” 425 U.S. at 24... |
190135 | to the district court failed to demonstrate the degree of fame necessary under the statute. Although the plaintiff had provided affidavit testimony that its business had grown from $100 million in sales from 87 stores in 1994 to $280 million from 228 stores operating in 27 states in 1998, and that it had expended tens ... | [
{
"docid": "9838757",
"title": "",
"text": "FTDA must fail because the FTDA does not apply retroactively; (3) Enterprise met its burden of proof on dilution and/or likelihood of dilution; or (4) Enterprise met its burden of proof by clear and convincing evidence that Advantage abandoned its rights in it... | [
{
"docid": "13677722",
"title": "",
"text": "magazines, and tradeshow promotions”). This evidence supported an inference the mark was recognized by the general public. Id. The court noted that the “at-issue marks ultimately may be found [at trial] to possess only a degree of ‘niche fame’ ” was insuffici... |
285373 | pleading requirement must be reconciled with Federal Rule 8 and its requisite of notice pleading. One court has declared: “So long as the complaint affords defendant notice of the claims against him and evidences a reasonable belief on plaintiff’s part that his complaint has merit,” both Rule 8 and 9 will be satisfied.... | [
{
"docid": "18292417",
"title": "",
"text": "of Fed.R.Civ.P. 8, which encourages “short and concise” pleadings, and the particularity requirement of Rule 9(b). Given the seriousness of fraud allegations, however, Rule 9(b) was designed both to insure that plaintiffs have an adequate basis for such alleg... | [
{
"docid": "1384916",
"title": "",
"text": "to prepare an answer on the basis of what has been alleged.... ” Id. at 308. The only facts that the Trustee alludes to are contained in paragraphs “8” and “9” of his complaint where he states: [F]rom the years commencing 1978 to and including the date of this... |
801182 | with racial bias, violated rights secured to him by the Civil Rights Act of 1870, codified at 42 U.S.C. § 1981. This statute provides: All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to ... | [
{
"docid": "22721966",
"title": "",
"text": "within one of the enumerated rights protected by § 1981. A Section 1981 reads as follows: “All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give ... | [
{
"docid": "23035313",
"title": "",
"text": "practice. . 42 U.S.C. § 2000e-2 states in pertinent part: (a) It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compens... |
498487 | of a large sum of money to build up its good will with the mistaken idea that it had a right to do so; and it follows that it did not acquire the right to use a trademark confusingly similar to that of the defendant. The defendant has not been guilty of laches but objected to the plaintiff’s conduct as soon as he disco... | [
{
"docid": "22744038",
"title": "",
"text": "Trade-marks, 9 ; Taylor v. Carpenter, 2 Sandf. (N. Y.) Ch. 603; Coddington, Dig. 9. Complainant’s, pills have been in the market as a vendible article for more than forty years, and during that whole period have.been sold under tradgrinarks of the forms heret... | [
{
"docid": "23094593",
"title": "",
"text": "evidence. If Robert J. Marx and the appellees ever had su'ch a purpose, they never used any means calculated to accomplish it, and they adopted those admirably suited to defeat it. Their intention, therefore, becomes immaterial. A wrong done or threatened, an... |
847372 | of such a nature as to justify suit against [a corporate defendant] on causes of action arising from dealings entirely distinct from those activities.” Id. at 318, 66 S.Ct. at 159. Finally, for perhaps the first time, the Court recognized reciprocity as a significant jurisdictional consideration, reasoning that a party... | [
{
"docid": "22663757",
"title": "",
"text": "As technological progress has increased the flow of commerce between States, the need for jurisdiction over nonresidents has undergone a similar increase. At the same time, progress in communications and transportation has made the defense of a suit in a fore... | [
{
"docid": "38732",
"title": "",
"text": "the case was removed improvidently and without jurisdiction, the district court shall remand the case, and may order the payment of just costs. A certified copy of the order of remand shall be mailed by its clerk to the clerk of the State court. The State court ... |
342681 | procedural distinctions between law and equity. The differentiation between equitable and legal doctrines, and between equitable and legal remedies, is part of the warp and woof of Anglo-American jurisprudence and is deeply imbedded in our system of law. It has not been abrogated or affected by the commendable simplifi... | [
{
"docid": "16945660",
"title": "",
"text": "distinction between legal and equitable forms of action. Rule 2, Federal Rules of Civil Procedure. However, the distinction which has been abolished is a procedural and not a substantive one. 1 Moore’s Federal Practice, p. 144; 17 Hughes, Federal Practice, § ... | [
{
"docid": "16947093",
"title": "",
"text": "whom Congress had not infrequently assumed control in the past.” Such a construction, he says, would not only “ ‘infer Congressional idiosyncracy,’ but ‘impute to Congress a desire for incoherence * * * and for drastic legal differentiation where policy justi... |
449981 | that Ferryman did not qualify for safety valve relief and sentenced Ferryman to the mandatory minimum sentence of imprisonment for sixty months. Ferryman timely appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). II. DISCUSSION We review the district court’s interpretation of the Sentenc... | [
{
"docid": "22835556",
"title": "",
"text": "and 963 (the 1993 incident). The indictment alleged that in July 1993, Real-Hernandez and others loaded approximately 18 duffel bags containing nearly 1,800 pounds of marijuana into two inflatable, Zodiac-type boats headed for Silver Strand State Beach in Cor... | [
{
"docid": "14932398",
"title": "",
"text": "and U.S.S.G. § 5C1.2. Congress enacted the safety valve provision, 18 U.S.C. § 3553(f), in order to limit the harsh .effect of mandatory minimum sentences in certain cases. See United States v. Ortiz-Santiago, 211 F.3d 146, 150 (1st Cir.2000). The Sentencing ... |
648463 | demonstrates a public need for reactivation of the routes. This would certainly be a relevant factor in evaluating public need, but as the Commission stated, such evidence alone does not establish public need. The Commission has reasonably inferred that any aggressive carrier can acquire operations under temporary auth... | [
{
"docid": "12556154",
"title": "",
"text": "north thereof. This is all Adirondack’s previous practice has been. But the new certificate will permit it to inaugurate short-haul and commuter operations without any finding of public need for such service or any inadequacy in existing facilities. And the s... | [
{
"docid": "18724353",
"title": "",
"text": "find an applicant’s proposed service is or will be required by that standard. Shortly after passage of the Motor Carrier Act, the ICC summarized the question which must be resolved in each case as being the factual determination of “whether the new operation ... |
636036 | PER CURIAM: The attorney appointed to represent Ronald Lymuel has moved for leave to withdraw and has filed a brief in accordance with REDACTED Lymuel has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave t... | [
{
"docid": "19929167",
"title": "",
"text": "character of the Defendant and the nature of the crime, which are important § 3553(a) factors. Defendant was sentenced to 78 months. On February 9, 2006, Pulyer’s counsel filed an Anders brief arguing only that the right to appeal was waived by the agreement ... | [
{
"docid": "10202294",
"title": "",
"text": "Miller-El, 537 U.S. at 336, 123 S.Ct. 1029. To the extent that Mitchell’s Rule 59(e) motion to alter or amend the judgment sought to undo the district court’s denial of habeas relief on the merits, it was an unauthorized successive petition that the district ... |
730747 | Healthcare, Inc., 57 F.3d 350, 356-57 (3d Cir.), cert. denied 516 U.S. 1009, 116 S.Ct. 564, 133 L.Ed.2d 489 (1995) (finding no preemption where plaintiffs attempted to hold HMOs liable for their role as arrangers of their decedents’ medical treatment); Roessert v. Health Net, 929 F.Supp. 343 (N.D.Cal.1996) (holding tha... | [
{
"docid": "16704816",
"title": "",
"text": "her contention that her underlying state law claim for medical malpractice is not preempted. Mary Kuhl’s claim for emotional distress, like the Kuhls’ other state law claims, is based upon Lincoln National’s failure to expeditiously precertify payment for the... | [
{
"docid": "19695257",
"title": "",
"text": "on state claims of vicarious liability are far too broad, and are contradicted by a substantial body of law. It is undisputed that ERISA preempts claims which arise from the manner in which an HMO administered plan benefits or which derive from the type or ex... |
452353 | not have personal causes of action against Jim Dandy. As will be discussed infra, Falcon establishes that persons without claims themselves cannot represent a class who may have claims. In combination, these two facts force a conclusion against Rhoades and Lowery on the class action question, and obviate any necessity ... | [
{
"docid": "22696461",
"title": "",
"text": "either the defendant or the fund awarded to the class. Mr. Justice Powell, with whom Mr. Justice Stewart joins, dissenting. Respondents are two credit card holders who claim that petitioner charged them usurious interest in violation of the National Bank Act ... | [
{
"docid": "23309692",
"title": "",
"text": "all. On his cross-appeal, Falcon claims that the only error involved in the certification was the trial judge’s limiting of the class to Mexican-Americans who are employed at or have applied to the Irving division of General, rather than all of the divisions.... |
150448 | under section 1381. The Mobile Plan cross-appeals the district court’s failure to order CCC to immediately begin interim payments under 29 U.S.C.A. § 1401(d) and the district court’s failure to award liquidated damages and attorneys fees to the Mobile Plan under 29 U.S.C.A. § 1132(g)(2). 1. The Contributing Obligor Tes... | [
{
"docid": "22755631",
"title": "",
"text": "Justice Brennan delivered the opinion of the Court. The question presented by these cases is whether application of the withdrawal liability provisions of the Multi- employer Pension Plan Amendments Act of 1980 to employers withdrawing from pension plans duri... | [
{
"docid": "1281584",
"title": "",
"text": "additional inquiry and that Appellants may qualify for equitable tolling of the time limit. For these reasons we will vacate and remand. I. The MPPAA, amended to the Employee Retirement Income Security Act of 1974 (ERISA), Pub.L. No. 93-406, 88 Stat. 829 (codi... |
868147 | which deal with appointment of a guardian ad litem, child abuse investigation, placement of and services to foster children, foster care licensing, child care facility licensing, and the Interstate Compact on the Placement of Children, set forth the requirements that state and local officials must undertake, they do no... | [
{
"docid": "23135086",
"title": "",
"text": "the hands of his foster parents is not harm inflicted by state agents. See Milburn v. Anne Arundel County Dep’t of Social Servs., 871 F.2d 474 (4th Cir.), cert. denied, — U.S. -, 110 S.Ct. 148, 107 L.Ed.2d 106 (1989). It is even more clear that harm suffered ... | [
{
"docid": "9961606",
"title": "",
"text": "to provide the items described in the preceding sentence. . In Blessing the Court explained that the specific statutory provisions at issue as well as entire legislative enactment should be analyzed to determine whether those provisions create enforceable righ... |
289893 | reasonably foreseeable testimony from this witness would have raised this defense. The Government did call as a witness the Special Agent of the Criminal Investigation Division (CID) who negotiated and made an undercover purchase of the hashish from appellant. Nothing in his cross-examination indicates how the witness ... | [
{
"docid": "12095891",
"title": "",
"text": "the judge erred when he refused to require a grant of immunity for a defense requested witness. In United States v. Martin, No. 78 1151, 9 M.J. 731 (NCMR 1979), on reconsideration, 9 M.J. 746 (NCMR 1980), this Court was confronted with a similar issue, whethe... | [
{
"docid": "14503616",
"title": "",
"text": "Opinion COX, Judge: Appellant was tried by general court-martial on February 22 and 23, 1982. The court was convened at Mannheim, Federal Republic of Germany, and was composed of officer and enlisted members. Despite his pleas, he was found guilty of taking i... |
190120 | through bankruptcy unaffected, but overlooks the significance of section 506(d) when read together with section 501, which governs proof of claims. Section 501(c) authorizes the debtor as well as the creditor to file a proof of claim, including proof of a secured claim under section 506(a). Such a filing not only drags... | [
{
"docid": "10196137",
"title": "",
"text": "of the security. 823 F.2d at 189. Then, addressing the effect of bankruptcy upon liens, the court stated that: [t]he presence of the mortgagees in the bankruptcy proceeding requires comment, in view of the old saw (which, as this case shows, is no better than... | [
{
"docid": "10196126",
"title": "",
"text": "506(d) raises two questions: 1) whether a debtor can use § 506(d) to strip down liens on property abandoned by the trustee; and 2) assuming that strip down is appropriate, whether it may only be invoked as a device to effectuate the redemption provisions of §... |
797330 | issue of liability, I wrote: When the original Complaint was filed in 2012, the courts were split as to the degree of culpability implicit in the term “defalcation.” To. some courts, a simple breach of fiduciary responsibility was sufficient. In re Sherman, 658 F.3d 1009, 1017 (9th Cir. 2011), In re Uwimana, 274 F.3d 8... | [
{
"docid": "22332336",
"title": "",
"text": "the Bankruptcy Court’s determination. It said that it was “convinced” that BankCh-ampaign was “abusing its position of trust by failing to liquidate the assets,” but it nonetheless affirmed the Bankruptcy Court’s decision. Id., at 27a-28a. In turn, the Court ... | [
{
"docid": "20990550",
"title": "",
"text": "any amendment to the Amended Complaint under § 523(a)(2)(A) would be futile. iii. Section 523(a)(4) I will now discuss § 523(a)(4). Section 523(a)(4) provides that a debt is nondischargeable when it is for: (1) fraud or defalcation while acting in a fiduciary... |
148211 | U.S. at 111, 113 S.Ct. 566. Although a plaintiff who received only a judgment is not a prevailing party, see Rhodes v. Stewart, 488 U.S. 1, 4, 109 S.Ct. 202, 102 L.Ed.2d 1 (1988), a plaintiff awarded nominal damages is a prevailing plaintiff, Farrar, 506 U.S. at 112, 113 S.Ct. 566 (plaintiff prevailing party when award... | [
{
"docid": "23162250",
"title": "",
"text": "negative character reference. Although it did not order reinstatement or backpay, it did order a panoply of remedial measures, at least some of which were unquestionably personal to Hashimoto. The government’s failure to acknowledge these important aspects of... | [
{
"docid": "17561856",
"title": "",
"text": "denial of the motion to stay the judgment, granted a stay pending appeal, and set the case for an early hearing on the merits. B. Prevailing Party The state argues that G & G is not a prevailing party under 42 U.S.C. § 1988 because while it received the relie... |
101423 | complies with all terms of probation, including the payment of restitution. Doc. # 27. Defendant was also ordered to complete 200 hours of unpaid community service, pay $7,500 in restitution, and pay a $30 special assessment. Id. Pursuant to 18 U.S.C. § 3402, Federal Rule of Criminal Procedure 58(g)(2)(B), and Local Ru... | [
{
"docid": "17212369",
"title": "",
"text": "its discretion in deeming her motion untimely under Fed.R.Crim.P. 33(b)(2). French relies on United States v. Mack, 362 F.3d 597 (9th Cir.2004), and Rodgers v. Marshall, 678 F.3d 1149 (9th Cir.2012), neither of which compels a contrary conclusion. In Mack, we... | [
{
"docid": "3753192",
"title": "",
"text": "close of the Government’s evidence, Gonzalez moved for a judgment of acquittal under Federal Rule of Criminal Procedure 29, arguing that the Government’s evidence established no more than that she was present at St. Jude. Counsel argued that the Government had... |
660081 | that Defendant’s use of the disputed mark] was likely to create confusion in the minds of potential buyers as to the source, affiliation, or sponsorship of the parties’ products ... The question of likelihood of confusion is decided by considering a variety of factors including: (1) strength of the Plaintiff’s mark; (2... | [
{
"docid": "23682226",
"title": "",
"text": "(1983). Even if the jury’s verdict was based on sharply conflicting evidence and the court of appeals determines that reasonable persons might reach a contrary result, the jury verdict must be upheld. Slavin v. Curry, 690 F.2d 446, 449 (5th Cir.1982); United ... | [
{
"docid": "13784917",
"title": "",
"text": "between the parties was actionable). Furthermore, courts may com sider evidence showing that consumers assumed the owner of a mark gave “permission” to the alleged infringer to use the mark. Anheuser-Busch, Inc. v. Balducci Publications, 28 F.3d 769, 772, 775... |
659349 | provided for arbitration, and that the defendant “had offered and by its answer renews its offer to submit the differences or controversies to arbitration.” The plaintiff replied to the counterclaim in January, 1931, and noticed the cause for trial in March, the defendant serving a cross notice on the following day. In... | [
{
"docid": "6393262",
"title": "",
"text": "of late deliveries were made; also failure to build in accordance with the specifications. On July 30, 1925, the arbitrators selected by the parties failed to agree on a third arbitrator. The plaintiff then presented a petition to the Supreme Court of the stat... | [
{
"docid": "23513375",
"title": "",
"text": "rescission of the transaction. An amended complaint was filed on April 26. Conseco filed an answer on May 11, 2001, and moved to compel arbitration of the Larges’ claims pursuant to the following arbitration clause in the loan agreement: All disputes, claims,... |
707681 | "infringement ""amount[s] to counterfeiting is a legal conclusion” for the Court, not the jury. See State of Idaho Potato Comm'n, 425 F.3d at 720 (citing Humetrix, Inc. v. Gemplus S.C.A., 268 F.3d 910, 921 (9th Cir.2001)). . Plaintiffs argue that the Third Circuit affirmed the District Court for the Eastern District of... | [
{
"docid": "3193498",
"title": "",
"text": "produced at trial demonstrate that it earned $31,921.00. In assessing damages in this matter, I exercise my discretion because I find that the profits reflected in the records produced by Mr. Miller are inadequate to compensate Plaintiff for Mr. Miller’s unlaw... | [
{
"docid": "14498018",
"title": "",
"text": "(citing 15 U.S.C. § 1117). Thus, if a defendant’s use of a “counterfeit mark” consists of “intentionally using a mark or designation, [and] knowing such mark or designation is a counterfeit mark,” the district court is required to award treble “profits or dam... |
335672 | the defendant must file the notice of removal ‘within 30 days after receipt ... of a copy of an amended pleading, motion, order or other paper’ that contains solid and unambiguous information that the case is removable.”) (citation omitted). “The federal courts have given the reference to ‘other paper’ an expansive con... | [
{
"docid": "14903519",
"title": "",
"text": "amount in controversy greater than $75,000. See 28 U.S.C. § 1332. Plaintiffs concede that complete diversity exists, but they contend that Defendant’s notice of removal was untimely because it was filed more than 30 days after service of the initial pleadings... | [
{
"docid": "4185423",
"title": "",
"text": "procedures set forth in the general removal statute. If Congress had intended to render that statute inapplicable and to leave FDIC removal procedures up to the discretion of individual judges, surely it would have said so explicitly. See MTech Corp. v. FDIC, ... |
346827 | "Id. (emphasis added). The notice stated: Public notice is inapplicable to these regulations because they are promulgated pursuant to Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854), and are thus withm the foreign affairs function of the U.S. and the foreign affairs exemption of 5 U.S.C. 553(aXD... | [
{
"docid": "15877635",
"title": "",
"text": "averment that the prohibition of the act of Con gress in question was repugnant to the Constitution because in enacting the same \"Congress exceeded its designated powers under the Constitution of the United States and attempted, under the guise of its powers... | [
{
"docid": "13471994",
"title": "",
"text": "notice requirements of the APA by failing to issue public notice and seek comment. See 5 U.S.C. § 553. The notice and comment requirements of the APA, however, do not apply when an agency “for good cause finds (and incorporates the finding and a brief stateme... |
509111 | 350 (1975)). In this case, however, as detailed in my previous discussion, the plaintiffs have failed to show any likelihood that they will suffer adverse consequences in the future pui-suant to the disputed student assignment plan. Moreover, nothing prevents the plaintiffs from bringing an action should they subsequen... | [
{
"docid": "22536992",
"title": "",
"text": "Mr. Justice Powell delivered the opinion of the Court. In this case, brought under 42 U. S. C. § 1983, we consider the elements and prerequisites for recovery of damages by students who were suspended from public elementary and secondary schools without proce... | [
{
"docid": "11135615",
"title": "",
"text": "abstract ‘value’ or ‘importance’ of constitutional rights.” Where the plaintiff has not suffered an actual injury as a result of defendant’s violation of the constitutional right, only nominal damages may be awarded. With these principles in mind, the Court t... |
804909 | in the duffel bag and the waterproof ammunition storage containers found in the barn evidences his subjective expectation of privacy in those materials. See United States v. Villarreal, 963 F.2d 770, 773 (5th Cir.1992) (“Individuals can manifest legitimate expectations of privacy by placing items in closed, opaque cont... | [
{
"docid": "11256271",
"title": "",
"text": "and the subsequent viewing did not exceed the scope of the original examination; and (2) the search was based on Kellar’s authority to consent to a search of the computer. (1) Defendant’s Reasonable Expectation of Privacy Not all invasions of privacy are sear... | [
{
"docid": "23600644",
"title": "",
"text": "The Rouse approach would over-deter the police, preventing them from engaging in lawful investigation of containers where any reasonable expectation of privacy has already been eroded. This approach might also lead police to waste valuable time and resources ... |
767677 | the omissions and misstatements were made with reckless disregard for their truth or falsity. See Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Defendants contend that if the affidavit were redacted to reflect these alleged omissions and misstatements, then the affidavit was insufficient to su... | [
{
"docid": "22929569",
"title": "",
"text": "implies that these omissions were intentional. The district court, at the suppression hearing, allowed Martin to present evidence regarding omissions from the affidavit. Having examined the evidence at that hear ing, we believe the district court was correct ... | [
{
"docid": "4009681",
"title": "",
"text": "the arrest. Also, this evidence as included in the affidavits provided probable cause for the issuance of the search warrant. Thus, the district court properly admitted the evidence. Confession Because the arrest was proper and the defendant’s Miranda rights w... |
50343 | "as to any one or more counts, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution. Appellees desire to cross-appeal the district court’s denial of their motion to dismiss the indictment with prejudice. It is well settled that no independent j... | [
{
"docid": "5668125",
"title": "",
"text": "(3) the superseding indictment should have been dismissed for failure to state an offense against M.E.S. and failure to afford M.E.S. notice of the charges against it; (4) the search warrant executed for documents held by M.E.S. was overly broad; and (5) M.E.S... | [
{
"docid": "6378300",
"title": "",
"text": "the denial of a motion to dismiss an indictment on double jeopardy grounds, Ab-ney; and the denial of a congressman’s motion to dismiss a prosecution prohibited by the speech and debate clause, Helstoski v. Meanor, 442 U.S. 500, 99 S.Ct. 2445, 61 L.Ed.2d 30 (1... |
553320 | removal, and relief under the Convention Against Torture (CAT). The BIA concluded that Petitioner had not met his burden of showing eligibility because of major inconsistencies between Petitioner’s testimony and that of his witness, as well as prior inconsistent statements made by Petitioner. In so ruling, the BIA uphe... | [
{
"docid": "22722985",
"title": "",
"text": "adopting any or all of the IJ’s findings of fact is not infected by an erroneous application of law by the IJ. If the BIA had disclaimed the IJ’s erroneous statement of the burden of proof as it did with the IJ’s credibility findings, and articulated an indep... | [
{
"docid": "22745733",
"title": "",
"text": "“also look to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion.” Avetova-Elisseva v. INS, 213 F.3d 1192, 1197 (9th Cir.2000). Ill We review for substantial evidence the BIA’s determination that Shrestha is not eligible for withholding... |
809369 | referred to was to be paid to the stockholders of the debtor in the form of a liquidation dividend. In short, the debtor had paid all its debts after a Chapter XI arrangement and was still solvent and in possession of a surplus fund. The Referee was correct in concluding that he had no jurisdiction to disallow the pena... | [
{
"docid": "20178228",
"title": "",
"text": "RIFKIND, District Judge. Motion by debtor to reopen proceedings under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq., and to appoint a referee for the purpose of distributing a fund to the persons legally entitled to share therein. The debtor fil... | [
{
"docid": "7123036",
"title": "",
"text": "performed .... ” Moreover, Section 368 of the Act stated that the “court shall retain jurisdiction, if so provided in the arrangement.” These two sections combined to confer broad post-confirmation jurisdiction upon the bankruptcy court if provided in the Chap... |
769373 | right to cancel under the World War I statute (which was the equivalent of the convenience-termination clause) “was asserted later, in court” and “operated to curtail the damages recoverable.” Id. at 16. In John Reiner & Co. v. United States, supra, 163 Ct. Cl. 381, 325 F. 2d 438, the Government cancelled the contract ... | [
{
"docid": "7174329",
"title": "",
"text": "the award would be made on the base work if that was all to be ordered, and on the full contract price if money was found for the additives by June 15th; but this course might have excessively complicated the bidding if one, or some, rather than all, of the ad... | [
{
"docid": "22147065",
"title": "",
"text": "was, and is, not the same kind of emergency situation. From the Corliss decision in 1876 to the last use of the World War II convenience termination clause in early 1944, the legal basis of the government’s power had always been that the great and unpredictab... |
65114 | of objection did not constitute consent, in the absence of proper notice; and (2) a money satisfaction was not possible. Third, the DUA argued, “while prohibiting the transfer of the Debtor’s experience account to OPK [might] enhance the payment to creditors, such enhancement would come at the ex pense of all other Mas... | [
{
"docid": "18502876",
"title": "",
"text": "debtor bankruptcy estate. This jurisdictional inquiry did not involve an inquiry into how the bankruptcy court reached that judgment, or whether that judgment was correct, and therefore does not implicate the merits of the claim itself. Furthermore, although ... | [
{
"docid": "12652861",
"title": "",
"text": "MEMORANDUM OF DECISION ON MOTION TO ENFORCE ORDER AUTHORIZING SALE FRANK J. BAILEY, Bankruptcy Judge. OPK Biotech LLC (“OPK”), as purchaser of the debtor’s assets in a court-authorized sale free and clear of all interests under 11 U.S.C. § 363(b) and (f), has... |
230353 | correct his sentence under 28 U.S.C. § 2255 in which he identified twenty-nine reasons his attorney, Nishay Sanan, rendered ineffective assistance during the plea, sentencing, and direct appeal phases of his case. The district court denied the motion, and Wyatt appeals. II. On appeal, Wyatt claims that the district cou... | [
{
"docid": "18496498",
"title": "",
"text": "because the assistance of counsel he received at trial and on direct appeal was constitutionally defective. The Sixth Amendment guarantees criminal defendants the right to effective assistance of counsel. See Hill v. Lockhart, 474 U.S. 52, 57, 106 S.Ct. 366, ... | [
{
"docid": "21664516",
"title": "",
"text": "establish ineffective assistance of counsel, a defendant must show that counsel’s performance was deficient and that the deficient performance prejudiced his defense — that the errors were so serious as to deprive the defendant of a fair trial, that is, a tri... |
579182 | by drawing their attention to the parts of it which he thinks important; and he may express his opinion upon the facts, provided he makes it clear to the jury that all matters of fact are submitted to their determination. Carver v. Jackson, 4 Pet. 1, 80 [7 L.Ed. 761]; Vicksburg & Meridian R. Co. v. Putnam, 118 U.S. 545... | [
{
"docid": "13090971",
"title": "",
"text": "to all the inferences fairly deducible from the evidence. See Gunning v. Cooley, 1930, 281 U.S. 90, 50 S.Ct. 231, 74 L.Ed. 720; Mattson v. Central Electric & Gas Co., 8 Cir., 1949, 174 F.2d 215; Stolting v. Everett, 1952, 155 Neb. 292, 51 N.W.2d 603. We think... | [
{
"docid": "22707680",
"title": "",
"text": "assuring its proper conduct and of determining questions of law. Herron v. Southern Pacific Co., 283 U.S. 91, 95. In charging the jury, the trial judge is not limited to instructions of an abstract sort. ít. is within his province, whenever he thinks it neces... |
667498 | in Teamsters has been employed by numerous courts in employment discrimination cases to grant nonapplicants applicant status where the nonapplicant can demonstrate that he was deterred from applying because of discrimination and that had he applied, he would have been discriminatorily rejected. White v. Carolina Paperb... | [
{
"docid": "4906024",
"title": "",
"text": "and do permit a different prima facie case to be made. The crucial factor in the Teamsters formulation was that the plaintiff in that case alleged that he had been deterred from applying for the position in question because discrimination would have rendered i... | [
{
"docid": "22290734",
"title": "",
"text": "concern that if a formal application for a specific position were not required to be alleged in the complaint, a plaintiff interested in 17 jobs for which she was qualified might receive damages for all 17 jobs. See Transcript of July 17, 1997, at 20. That ap... |
311479 | act as intermediaries instead of principals, and the supposed rarity of commercial paper prepayments in general. See, e.g., id. at 37-38. Alfa and ING sought, and were granted by the district court, interlocutory review of the bankruptcy court’s decision denying summary judgment. See In re Enron Creditors Recovery Corp... | [
{
"docid": "13713989",
"title": "",
"text": "McMAHON, District Judge. INTRODUCTION Before the Court is the appeal of the defendants in two adversary proceedings from an order of the Bankruptcy Court (Gonzalez, J.) denying their motions for summary judgment. See Enron Creditors Recovery Corp. v. J.P. Mor... | [
{
"docid": "17366042",
"title": "",
"text": "“settlement payments” made by, to, or on behalf of a number of participants in the financial markets. By restricting a bankruptcy trustee’s power to recover payments that are otherwise avoidable under the Bankruptcy Code, the safe harbor stands “at the inters... |
90851 | inconsistent with equity; also, in general terms, upon want of equity on the face of the petition, and adequacy of remedy at law. (1) It is .a general rule in equity that all persons materially interested, either legally or beneficially, in the subject matter of a suit,, are to be made parties to it; that the court may... | [
{
"docid": "22107354",
"title": "",
"text": "discussed by counsel. • But it is not necessary for us to consider and answer those questions, for, in view of the nature of the facts presented and the remedies prayed for in the bill proposed to be filed, we think that the suit is defective' for want of ess... | [
{
"docid": "17447259",
"title": "",
"text": "for the obligations arising from the contract with Dancel, and it was held that the remedy of the plaintiffs was in equity, and not at law. The judgment was accordingly reversed, and the complaint dismissed, without prejudice, however, to an application by pl... |
84133 | a de facto amendment to Section 15.2 of the operating agreement. The means by which the Members Committee can act and the method by which any provision of the Operating Agreement can be amended are each set forth in detail in Section 8 and Section 18.4 of the Agreement, respectively. Evidence of compliance with the ter... | [
{
"docid": "16686284",
"title": "",
"text": "creditors could not be created by making a partial assignment of a single claim. More recently, in In re Averil, Inc., 33 B.R. 562 (Bankr.S.D.Fla.1983), an involuntary Chapter 7 petition was filed by a corporation and two individuals, the debtor successfully ... | [
{
"docid": "7513908",
"title": "",
"text": "11 of this title— (1) by three or more entities, each of which is either a holder of a claim against such person that is not contingent as to liability or the subject of a bona fide dispute as to liability or amount, ... (h) ... after trial, the court shall or... |
361486 | "as an observer. . Thus, as of now, male guards do not conduct any body searches of female inmates. See supra page 1532, ¶ 2; page 1533, ¶ 1. . Judge O’Scannlain states that I fail ""to pinpoint precisely which legitimate Fourth Amendment interest is violated by these searches."" Majority at 1524. He is sorely mistaken... | [
{
"docid": "22348634",
"title": "",
"text": "a State may consistently with the Fourth Amendment compel a suspect to undergo surgery of this kind in a search for evidence of a crime. II The Fourth Amendment protects “expectations of privacy,” see Katz v. United States, 389 U. S. 347 (1967) — the individu... | [
{
"docid": "23509667",
"title": "",
"text": "the fourth rather than the eighth amendment. CONCLUSION In my view, the prison’s cross-gender clothed body searches violate the fourth amendment. I would uphold the injunction on that ground. However, I also believe the searches violate the eighth amendment. ... |
394084 | "128 S.Ct. 2783, as similar to recognized ""exceptions"" to the First Amendment's protections-""obscenity, libel, and disclosure of state secrets."" Id. at 635, 128 S.Ct. 2783. Most circuits have adopted a two-part test for evaluating Second Amendment cases following Heller. First, they ""ask whether the challenged law... | [
{
"docid": "11131060",
"title": "",
"text": "law survives the proper level of scrutiny. See United States v. Greeno, 679 F.3d 510, 518 (6th Cir.2012); Heller v. District of Columbia, 670 F.3d 1244, 1252 (D.C.Cir.2011) (Heller II); Ezell v. City of Chicago, 651 F.3d 684, 701-04 (7th Cir.2011); United Sta... | [
{
"docid": "2513651",
"title": "",
"text": "effect.” Id. at 628 n. 27,128 S.Ct. 2783. Like the majority ,of our sister circuits, we have discerned from Heller’s approach a two-step Second Amendment inquiry. See United States v. Chovan, 735 F.3d 1127, 1136-37 (9th Cir.2013) (collecting cases). The two-st... |
499641 | Lockhart In Jackson, an African-American woman filed a Title VII class action and an individual disparate impact claim asserting, among other things, that she was constructively discharged. The district court granted a motion to dismiss the Title VII class claims and the individual disparate impact claim filed by the p... | [
{
"docid": "13524121",
"title": "",
"text": "F.3d 836 (6th Cir.1994). Although the opinion in Wilson Metal Casket Co. did not address the applicability of the single filing rule to a ease brought under the ADEA, the federal courts to address the issue have uniformly held that the rule is applicable in t... | [
{
"docid": "14191629",
"title": "",
"text": "scope of the administrative investigation which can reasonably be expected to grow out of the administrative charge of discrimination.”). There was no EEOC investigation in this case. Hoffman argues that any investigation of her claims would have invariably u... |
807397 | its institution. Here, the wage increase was instituted following an impasse that in reality had been in existence since February when the parties showed themselves determined not to retreat from their positions in regard to arbitration, union shop, job selection and checkoff. Fitzgerald at one point made clear that no... | [
{
"docid": "22267419",
"title": "",
"text": "insistent in its demand for some form of union security during its negotiations with the respondent, the preponderance of the credible evidence does not support the respondent’s position that the Union had, in effect, presented an ultimatum that no contract w... | [
{
"docid": "4350797",
"title": "",
"text": "the parties gave the appearance of being deadlocked on the jurisdiction-unit issue. The union felt that unless the employees were assured the exclusive right to perform unit work, the other terms of the collective bargaining agreement, including the wage scale... |
394826 | selected by such person, from which there is a release, or a threatened release which causes the incurrence of response costs, of a hazardous substance.” 42 U.S.C. § 9607(a). The Environmental Response Act thus retroactively imposes liability on numerous persons for cleanup of pre-enactment contamination. The governmen... | [
{
"docid": "22058360",
"title": "",
"text": "life,” and that “the burden is on one complaining of a due process violation to establish that the legislature has acted in an arbitrary and irrational way.” Id. at 15, 96 S.Ct. at 2892. It reasoned that although the Act imposed new liability for disabilities... | [
{
"docid": "16077709",
"title": "",
"text": "1071 (D.N.J.1981), aff'd, 688 F.2d 204 (3d Cir.1982); United States v. Diamond Shamrock Corp., 12 Envtl.L.Rep. 20819, 20822, 1981 WL 137997 (N.D.Ohio 1981). As one court explained, “To hold that remedial environmental statutes could or should not apply to con... |
243689 | to rebut that presumption. Id. at 45. Innovative objects to these findings, arguing that it submitted evidence sufficient to rebut the presumption and that the Magistrate Judge improperly considered inadmissible evidence. Innovative’s Mem. Supp. Obj. 8-9. Innovative’s arguments are unavailing. Market responds that Inno... | [
{
"docid": "22144673",
"title": "",
"text": "be descriptive, the applicant may proceed under § 1052(f) to assert that its mark, though descriptive, has acquired what is known as a secondary meaning and, if the applicant proves secondary meaning, it can secure registra tion. If the Patent and Trademark O... | [
{
"docid": "7421406",
"title": "",
"text": "claim. Id. The plaintiffs proved at trial that' Microsoft possesses a dominant, persistent, and increasing share of the relevant market. Microsoft’s share of the worldwide market for Intel-compatible PC operating systems currently exceeds ninety-five percent, ... |
203988 | F.Supp. 41 (D.Del.1975). Petitioner has clearly exhausted his first two claims which were fully presented to the trial court in the evidentiary hearing held in connection with the second motion for a new trial, D.5A-71, and briefed and argued to the State Supreme Court, D.5A-Briefs in No. 249, 1978. Petitioner’s ninth ... | [
{
"docid": "9359834",
"title": "",
"text": "at the PCR hearing, his own recollections of Tranti-no’s demeanor preclude the assertion that the Equanil dosage adversely affected petitioner’s demeanor before the jury. 408 F.Supp. at 486. Relief with respect to Claim (C) was properly denied by the district ... | [
{
"docid": "18446221",
"title": "",
"text": "401-403 [21 S.Ct. 210, 45 L.Ed. 249] (1900).” The state court record reveals that on September 27, 1973 the petitioner moved in the Delaware Superior Court for a new trial based on newly discovered evidence pursuant to Rule 33, Superior Court Criminal Rules. ... |
110325 | misconduct. The continuity required to establish a “pattern of racketeering activity” is a limitation or parameter that helps to effectuate Congressional intent. As to the purported continuity in this case, the allegedly fraudulent acts occurred, at most, within a matter of months. That related but otherwise innocent m... | [
{
"docid": "11499327",
"title": "",
"text": "law fraud that do not implicate the mails (or the wires) do not constitute “racketeering activity” under the definition found within the RICO statute. Subsection 1961(1)(B). See New England Data Services, Inc. v. Becker, 829 F.2d 286, 291 (1st Cir.1987) (“In ... | [
{
"docid": "22392562",
"title": "",
"text": "Since the complaint alleges numerous acts of mail fraud related to the common purpose of causing Kehr to default on its loans, the relatedness requirement is satisfied. But the amended complaint does not set forth acts that “amount to or pose the threat of co... |
492204 | Qualico Miscellaneous Inc., 161 F.Supp.2d 1314, 1319 (M.D.Ala.2001). Where, as here, a plaintiff seeks to prove intentional discrimination through circumstantial evidence of the employer’s intent, the Court applies some version of the familiar tripartite burden-shifting analysis articulated in McDonnell Douglas Corp. v... | [
{
"docid": "22848134",
"title": "",
"text": "S.Ct. 1843, 1854 n. 15, 52 L.Ed.2d 396 (1977). Since this motive or intent is seldom capable of proof by direct evidence, the Supreme Court has established a legal framework which allows a court to infer discriminatory motive on the basis of circumstantial ev... | [
{
"docid": "447758",
"title": "",
"text": "a factfinder to disbelieve an employer’s proffered explanation for its actions, that alone is enough to preclude entry of judgment as a matter of law. Combs v. Plantation Patterns, 106 F.3d 1519, 1532 (11th Cir.1997), cert. denied, —- U.S. -, 118 S.Ct. 685, 139... |
196992 | the . . . manner which the state court has construed it to require.” Here, by contrast, it is evident that the ordinance was administered so as, in the words of Chief Justice Hughes, “to deny or unwarrantedly abridge the right of assembly and the opportunities for the communication of thought . . . immemorially associa... | [
{
"docid": "23288781",
"title": "",
"text": "the goods, wares, or merchandise intended to be sold or the nature of the canvass to be made, or the census to be taken, and by what authority. The application shall also state the name of the party desiring the permit, his permanent street address and number... | [
{
"docid": "22644821",
"title": "",
"text": "the property of the Gulf Shipbuilding Corporation, after notice, from this trespass was there cited, note 10, to show that it would protect the householder, after notice. The right to communicate ideas was expressed by us in Jamison v. Texas, 318 U. S. 413, 4... |
355590 | "342 (5th Cir. 2015). The latter is a right, guarded by various protections, while the former is akin to an act of grace. The difference is evident, for instance, in whether denial of the motion is subject to judicial review. The Supreme Court has ruled that denials of statutory motions to reopen are subject to judicia... | [
{
"docid": "15623713",
"title": "",
"text": "present in the United States when the motion is filed”); cf. Prestol Espinal v. Att’y Gen., 653 F.3d 213 (3d Cir.2011) (in the context of statutorily authorized motions for reconsideration, holding that the “post-departure bar regulation conflicts with Congre... | [
{
"docid": "2080548",
"title": "",
"text": "a motion for continuance where an alien’s procedural challenge did not implicate the merits of an otherwise unreviewable removal order. Calma, 663 F.3d at 878. This case raises a similar question — whether we have jurisdiction to review an alien’s challenge to... |
695576 | of the investigation of charges and issuance of complaints under Section 10 [29 U.S.C. § 160] ...” (emphasis supplied). In a long and unbroken series of decisions by the Supreme Court and the Courts of Appeal, this provision, and the general scheme of the Act, have been interpreted to preclude judicial review of the Ge... | [
{
"docid": "20371638",
"title": "",
"text": "the March, 1968 refusal. It is apparent that the General Counsel cannot be compelled either by the Board or this court to bring an action or amend his complaint because under § 3(d) of the Act he “has unreviewable discretion to refuse to institute an unfair l... | [
{
"docid": "14201098",
"title": "",
"text": "settlement of the charges against the company, including reinstatement of Bova to his previous position, which the company accepted. Bova, however, declined to accept the settlement, and demanded that further proceedings on his unfair labor practice charge be... |
224678 | or explained why she was adopting the expert’s testimony over the Dictionary’s definition. We find that there was no actual conflict for the purposes of this legal question. Other circuits have found that the expert and the Dictionary conflict where they disagreed in categorizing or describing the requirements of a job... | [
{
"docid": "8726940",
"title": "",
"text": "fingers on that hand remain weakened). Fingering is defined as “[packing, pinching, or otherwise working primarily with fingers rather than with the whole hand or arm_” Id., Appendix C at C-3. This requirement of frequent fingering is beyond the limitations as... | [
{
"docid": "22079471",
"title": "",
"text": "Fields v. Bowen, 805 F.2d 1168 (5th Cir.1986) (relying upon the necessarily general nature of DOT job descriptions to hold that the Dictionary of Occupational Titles is not an adequate substitute for vocational expert testimony or other similar evidence on th... |
464445 | if possible, that the court commit him to some institution for a pre-plea mental examination of some type to determine his mental competency. THE COURT: You say he is unable to confer with you at the present time? MR. BOWLING: Not intelligently, no, sir, I don’t think so. THE COURT: Has he had any medical treatment tod... | [
{
"docid": "21480026",
"title": "",
"text": "PER CURIAM: David Tom appeals from an order of the District Court for the Southern District of New York which denied his motion under 28 U.S.C. § 2255 to vacate his conviction and sentence to twelve years’ imprisonment for violation of the federal narcotics l... | [
{
"docid": "23541680",
"title": "",
"text": "defendant Marzano about narcotics? A. I do not remember. “Q. You do not remember? A. I do not know nothing about him. “Q. What is it you remember? A. I never did talk to him. “Q. Never talked to him? A. No. “Q. Did you ever discuss narcotics with him ? A. I n... |
654841 | fees from defendants. At very least, say defendants, the latter is so — plaintiffs’ right, as the prevailing party, to recover fees is cut off by Rule 68. See Bitsouni v. Sheraton Hartford Corp., 52 U.S.L.W. 2354 (D.Conn. Nov. 23, 1983). In rejecting defendants’ post-trial motion for costs, including attorneys’ fees as... | [
{
"docid": "3645180",
"title": "",
"text": "fees as “costs” should be read into Rule 68. It is, thus, appellant’s position that as a matter of law this Rule 68 offer of judgment translates into an offer to pay $5,000 plus traditional costs plus attorney’s fees. The City of Springfield challenges appella... | [
{
"docid": "8087654",
"title": "",
"text": "own costs and attorneys’ fees taxed against Payne, once again because the final award Payne received was less than the amount they had offered. The district court (Magistrate Judge Gorence, sitting by consent) decided that Milwaukee County was entitled to both... |
798420 | v. Foundation Reserve Ins. Co., 683 F.2d 331 (10th Cir.1982); Illinois v. Kerr-McGee Chemical Corp., 677 F.2d 571 (7th Cir.1982) cert. denied, 459 U.S. 1049, 103 S.Ct. 469, 74 L.Ed.2d 618 (1982); Wilson v. U.S. Dept. of Agriculture, 584 F.2d 137 (6th Cir.1978); Skidmore v. Beech Aircraft Corp., 672 F.Supp. 923 (M.D.La.... | [
{
"docid": "7336291",
"title": "",
"text": "Retail Credit Co., 420 F.Supp. 859, 863 (W.D.Pa.1976). In this case, the consent of Defendant Todd was not conveyed to the court in any manner within thirty days of service upon him. His filing of an answer in this court on January 28 is not significant, since... | [
{
"docid": "1683919",
"title": "",
"text": "defendants filed any papers in this Court indicating their consent to the removal. In fact, as noted above, none of the defendants have filed a notice of appearance with the Court. After filing his opposition papers, Boyd moved for a stay of the Court’s ruling... |
273046 | longer has a state remedy for the claims brought in this petition. The Sixth Circuit faced a similar set of circumstances in Rust v. Zent, 17 F.3d 155 (6th Cir.1994). The court analyzed the issue as follows: Exhaustion is a problem only if the state still provides a remedy for the habeas petitioner to pursue, thus prov... | [
{
"docid": "22652580",
"title": "",
"text": "(1965) (fundamental fairness exception applies to claims that defendant asked counsel to raise on direct appeal). It is clear that collateral relief would be unavailable to petitioner. See People v. Beamon, 31 Ill. App. 3d 145, 145-146, 333 N. E. 2d 575, 575-... | [
{
"docid": "23476466",
"title": "",
"text": "the claim was unexhausted and permitted him to present this claim before a state court. Because this claim has not yet been aired in a state court proceeding, Lott contends, then no state court has enforced a procedural sanction against him, and his claim nec... |
455120 | Inc., 417 F.2d 129 (5th Cir.1969). In this case it does not appear to a legal certainty that the amount in controversy is less than the jurisdictional limit, therefore, the $50,000.00 requirement is met. B. Diversity Plaintiff argues that Defendant Allstate must be deemed a citizen of the State of Texas because of Titl... | [
{
"docid": "9395537",
"title": "",
"text": "remand. Following oral argument, the case is now before the court for decision on plaintiff’s motion. Four challenges to this court’s removal jurisdiction have been asserted. I. Plaintiff first claims that 28 U.S.C. § 1332(c) requires that in any “direct actio... | [
{
"docid": "794989",
"title": "",
"text": "apply as excess to the extent their respective aggregate limits exceed those of the primary policy.” The clause added that “the maximum recovery under all insurance” was the “amount which would have been payable under the provisions of the insurance providing t... |
436900 | and were properly disallowed. First, a “claim” includes the “right to payment, whether or not such right is reduced to judgment, liquidated, unliqui-dated, fixed, contingent, matured, unma-tured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5)(A) (2000). The touchstone of any “claim” ... | [
{
"docid": "12746423",
"title": "",
"text": "UNDER ADVISEMENT ORDER RE: “PUT RIGHT” CHARLES G. CASE, II, Bankruptcy Judge. I. Introduction This Order resolves several related matters. First, Einstein/Noah Bagel Corp. (“ENBC”) and Einstein/Noah Bagel Partners, L.P. (“Bagel Partners”), (collectively “Debt... | [
{
"docid": "17572175",
"title": "",
"text": "against property of the estate,” and “any act to ... enforce against property of the debtor any lien”). Further, if Alexandrov is a creditor of the debtors, then he is bound by how their plan treats his claim, making modification of the stay inappropriate. Al... |
332096 | HAND, Circuit Judge (after stating the facts as above). The evidence was sufficient to sustain a verdict upon the count for manufacturing. Taylor was found in the very act of preparing the bottles and in the midst of paraphernalia proper for making whisky out of alcohol and water. Rouda was present and by his own admis... | [
{
"docid": "23131591",
"title": "",
"text": "PER CURIAM. Plaintiff in error was convicted upon each of two counts of an indictment under the National Prohibition Act (41 Stat. 305); the first count charging the unlawful manufacture and possession of intoxicating liquors, and the second charging the poss... | [
{
"docid": "21741632",
"title": "",
"text": "BRYAN, Circuit Judge. Fred Schulte was convicted of manufacturing liquor and having in his possession apparatus designed for the manufacture thereof, in violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 1013814 et seq.). He assigns as er... |
318649 | IX claim. Our decision to grant the preliminary injunction is legally only a prediction about the merits of plaintiffs’ case. United States v. Local 560, 974 F.2d 315, 330 (3d Cir.1992). We hasten to add, however, that in view of the statistical evidence produced at the preliminary injunction hearing, there is little d... | [
{
"docid": "22742662",
"title": "",
"text": "Mr. Justice Stevens delivered the opinion of the Court. Petitioner’s complaints allege that her applications for admission to medical school were denied by the respondents because she is a woman. Accepting the truth of those allegations for the purpose of its... | [
{
"docid": "9755336",
"title": "",
"text": "his opposition to this treatment ultimately led to his constructive discharge. This in no way indicts any employment practice on behalf of Samford. Without more, any retaliation by defendants for plaintiffs advocacy of a student’s rights is simply not prohibit... |
366902 | fees claimed by the libelant under a New York statute, and the concluding paragraph of the opinion by Mr. Justice Swayne contains the following broad and comprehensive statement of the rule on this subject: “A state law may give a substantial right of such a character that, where there is no impediment arising front th... | [
{
"docid": "22132903",
"title": "",
"text": "agreed with Sir Robert Phillimore in the same case in the Court of Admiralty, L. R. 2 Ad. & Ec. 3, “ in his statement of the common law of England, with respect to the liability of the owner of a vessel for injuries occasioned by the unskillful navigation of ... | [
{
"docid": "14037631",
"title": "",
"text": "S. 406, 413, 21 Sup. Ct. 831, 45 L. Ed. 1155, a case involving the liability of a ship for the negligence of a compulsory pilot: ' “There is no occasion to refer further to the English cases in admiralty, because in England it is held that the ship is not res... |
589365 | in Par-ratt that the state remedies were sufficient to satisfy the requirements of due process because the “remedies provided could have fully compensated the [plaintiff] for the property loss he suffered.” 451 U.S. at 544, 101 S.Ct. at 1917 (emphasis added). Thus, Parratt does not require that a plaintiff actually rec... | [
{
"docid": "773043",
"title": "",
"text": "afforded plaintiff an opportunity to respond, but plaintiff failed to do so. Defendants’ motion for summary judgment is ripe for consideration. In Parratt v. Taylor, supra, the Supreme Court recognized that where an inmate has suffered negligent deprivation of ... | [
{
"docid": "773049",
"title": "",
"text": "of a sovereign immunity bar; therefore, plaintiff must bring his negligence claim in State court. Id. Judge Williams restated this reasoning in Frazier v. Collins, 544 F.Supp. 109 (E.D.Va.1982). The conclusion that due process would tolerate a State sovereign i... |
92146 | as long as the stipulations in the plea were accepted by the District Court. Waivers of rights to appeal are generally enforced in this circuit unless “a miscarriage of justice” would result. See United States v. Khattak, 273 F.3d 557, 562 (3d Cir.2001). Without deciding to affirm on the basis of Appellant’s waiver, we... | [
{
"docid": "22660610",
"title": "",
"text": "supplemental briefing. Third Circuit L.A.R. 109.2(a). The Court’s inquiry when counsel submits an Anders brief is thus twofold: (1) whether counsel adequately fulfilled the rule’s requirements; and (2) whether an independent review of the record presents any ... | [
{
"docid": "16002190",
"title": "",
"text": "SLOVITER, Circuit Judge. Marshaun Thomas appeals from his conviction and sentence following a guilty plea. Finding no error, we will affirm. I. On September 26, 2002, Thomas pled guilty to participating in a racketeering enterprise in violation of the Rackete... |
815727 | merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting the preliminary relief. 596 F.2d at 72. The material facts in this case are not in dispute. Defendants concede that the plaintiffs were fired; that letters of suspension were mailed to all the plain... | [
{
"docid": "15774012",
"title": "",
"text": "Motion, JA at 62a. Although we express no views on the merits of appellants’ argument, it certainly presents issues of fact and credibility which contradict appellees’ particularized and general allegations. The assertion that the inmates could control who ob... | [
{
"docid": "5047524",
"title": "",
"text": "of pretrial detention. The criminal trial would not be a useful forum for a defendant who was claiming the right to pretrial release. Id. (emphasis in original). The Court finds the reasoning of Bethune persuasive. Pinckney does not seek equitable relief based... |
428495 | "838; Baltimore Gas & Elec. Co. v. ICC, 672 F.2d 146, 149 (D.C.Cir.1982). As I show below, infra at 1095-96, the court’s error results from its misreading of Eagle-Picher v. United States EPA, supra note 5. The court notes correctly, however, maj. op. at 1081, that some of this court’s opinions have broadly suggested t... | [
{
"docid": "378712",
"title": "",
"text": "least is inefficient and upon completion of the agency process might prove to have been unnecessary.” FTC v. Standard Oil Co. of California, 449 U.S. 232, 242, 101 S.Ct. 488, 494, 66 L.Ed.2d 416 (1980). The two doctrines are intended to further slightly differe... | [
{
"docid": "5466964",
"title": "",
"text": "noted in Better Government Association v. Department of State, 780 F.2d 86 (D.C.Cir.1986), [although it is true that “ripeness law overlaps at its borders with Article III requirements of case or controversy,” its application in the present case implicates the... |
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