query_id stringlengths 4 6 | query stringlengths 75 2.13k | positive_passages listlengths 1 1 | negative_passages listlengths 20 20 |
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325987 | faith. See, e.g., Linan-Faye Construction Co. v. Housing Authority of the City of Camden, 49 F.3d 915, 924 (3d Cir.1995); REDACTED see also, e.g., Younger, 401 U.S. at 54, 91 S.Ct. at 755 (state statute prohibiting “syndicalism” claimed to be contrary to the First and Fourteenth Amendments); United States v. Mullins, ... | [
{
"docid": "12955992",
"title": "",
"text": "absent extraordinary circumstances, federal courts should not enjoin pending state criminal prosecutions). In Casa Marie, Inc. v. Superior Court of Puerto Rico, 988 F.2d 252 (1st Cir.1993), the First Circuit, discussing the exceptions to the Younger doctrine,... | [
{
"docid": "12156121",
"title": "",
"text": "sought to enjoin further proceedings in four civil cases and one criminal prosecution. Injunctive relief with respect to the criminal prosecution of O’Hair is barred explicitly by Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). In that ca... |
235000 | affects both blacks and whites equally is not discriminatory); Cannon v. Teamsters & Chauffeurs Union, 657 F.2d 173, 176-77 (7th Cir.1981) (same). Although Honda’s expressed preference for existing dealers did not appear in the manual, Honda did demonstrate that 10 of the last 13 new sites were filled with existing dea... | [
{
"docid": "21674972",
"title": "",
"text": "1089, 67 L.Ed.2d 207 (1981). A prima facie case of discrimination raises the inference that discriminatory intent motivated the discharge of the employee. So long as the prima facie case of discrimination does not include direct evidence of discrimination, th... | [
{
"docid": "23342470",
"title": "",
"text": "who have a working knowledge of the company. Nothing in the Honda manual implies that the factors listed are the only basis on which a decision can be made. The evidence supports the defendant’s assertion that this criteria has not been used subjectively to a... |
617957 | that the defendant must make to compel discovery on the issue of vindictive prosecution is a question of first impression. In the related area of selective prosecution, this court and other courts have firmly settled upon a rule that requires the defendant to show a colorable basis for the claim. See Wayte v. United St... | [
{
"docid": "22360397",
"title": "",
"text": "by Judge Judd, the court, on February 8, 1974, dismissed the indictment, from which the Government appeals. DISCUSSION To support a defense of selective or disciminatory prosecution, a defendant bears the heavy burden of establishing, at least prima facie, (1... | [
{
"docid": "10381870",
"title": "",
"text": "v. Cammisano, 546 F.2d 238, 241 (8th Cir.1976); United States v. Berrios, 501 F.2d 1207, 1211 (2d Cir.1974); Attorney General of the U.S., 684 F.2d at 947; United States v. Heidecke, 900 F.2d 1155, 1158 (7th Cir.1990), or come forward with “some evidence tend... |
793662 | 732 (6th Cir.1993). The language of the obliteration enhancement provides: (b) Specific Offense Characteristics (4) If any firearm was stolen, or had an altered or obliterated serial number, increase by two levels. There is no question in this case that the BATF recovered two firearms, traceable to Roxborough, the seri... | [
{
"docid": "7033328",
"title": "",
"text": "eliminated by context”). The context in which the term “stolen” appears precludes the interpretation adopted by the district court. In its entirety, § 2K2.1(b)(4) reads: “If any firearm was stolen, or had an altered or obliterated serial number, increase by 2 ... | [
{
"docid": "21533040",
"title": "",
"text": "Cir. 2013) (holding harmless any error in the guidelines calculation where the dis- triet court explicitly said it would have imposed the same sentence “regardless of the guidelines”); United States v. Davis, 583 F.3d 1081, 1094-95 (8th Cir. 2009) (holding ha... |
733240 | not appear to be applicable to the case at bar. Thus, even though the state law which gives the partial subrogee the substantive right follows a different procedure, the federal procedure is not changed. This was the situation in the Hunt case, where Kansas law allowed the partial subrogor alone to bring the action. At... | [
{
"docid": "22700638",
"title": "",
"text": "2d Sess. (1942), at p. 3. It cannot therefore be seriously contended that Congress and the executive departments were not cognizant of the exemption of subrogation claims from R. S. 3477 when the Tort Claims Act was passed. The broad sweep of its language ass... | [
{
"docid": "23294531",
"title": "",
"text": "and defendant appealed. For convenience, continued reference will be made to the parties as they were denominated in the trial court, plaintiffs and defendant, respectively. Error is assigned upon the action of the court in denying the motion for an order mak... |
828642 | for Seber’s § 1983 claim against it. Stonecipher, 653 F.2d at 401 (finding no § 1983 cause of action against IRS because it is a federal agency and its agents performed ho acts under color of state law). Accordingly, we dismiss Seber’s § 1983 claims against the D.E.A. with prejudice. Collateral Attack Upon Administrati... | [
{
"docid": "22229285",
"title": "",
"text": "motion under Rule 12(b)(1), the district court must accept as true all well-pleaded factual allegations and draw reasonable inferences in favor of the plaintiff. Sladek v. Bell System Management Pension Plan, 880 F.2d 972, 975 (7th Cir.1989). This court revie... | [
{
"docid": "2461564",
"title": "",
"text": "Objections, ¶ 4. This court disagrees. Although the Magistrate succinctly set forth the standard of review for the court upon considering a motion to dismiss for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1), the nature of Krizan’s objection ... |
148134 | Cir.2006) (holding that “[a] single supported ground for an adverse credibility finding is sufficient if it relates to the basis for [petitioner’s] alleged fear of persecution and goes to the heart of the claim”) (internal quotation marks and citation omitted) (alteration in original). By relying on particular characte... | [
{
"docid": "22671365",
"title": "",
"text": "the procedures laid out in De Leon v. INS, 115 F.3d 643 (9th Cir.1997), and this circuit’s General Order 6.4(c), this court continued the temporary stay of removal on March 31, 2003. On November 7, 2003, Desta filed a motion to stay voluntary departure which ... | [
{
"docid": "23023750",
"title": "",
"text": "that it was “implausible that someone would travel all the way from China to Mexico, with the claimed purpose of applying for asylum in the United States, and ultimately simply return to China despite fears of harm awaiting him there.” The BIA denied Cui’s re... |
48158 | days from his receipt of the summons and complaint to join an otherwise valid removal petition); but see Yang v. ELRAC, Inc., No. 03 Civ. 9224, 2004 WL 235208, at *1 (S.D.N.Y. Feb.6, 2004) (adopting the first-served defendant rule in the absence of inequities that would compel adoption of the last-served defendant rule... | [
{
"docid": "3989160",
"title": "",
"text": "approaching $5 million. Nevertheless, the Court is not prepared to conclude to a legal certainty that plaintiff’s recovery, if the case went to trial, could not exceed $50,000. Accordingly, plaintiffs attack on the Court’s jurisdiction is rejected. Although th... | [
{
"docid": "13392508",
"title": "",
"text": "ORDER AND REASONS FELDMAN, District Judge. Plaintiffs originally filed this suit in state court alleging that their defendant-lessor delivered defective premises; plaintiffs complained that the construction of their premises exposed their bedroom to public vi... |
859704 | to Material Service Corporation for $25.00. It is contended that this stock in the hands of the Bank was not subject to sale and also that Material Service Corporation, having purchased the Bank’s interest in the claim which the stock was pledged to secure, became the pledgee of the stock and subject to the rule that a... | [
{
"docid": "22037196",
"title": "",
"text": "securities. The decision not only disallowed these claims, but left the hank remediless, unless it should consent to allow a different reduction.5’ We think it perfectly clear that the policies did not belong to the partnership estate. 'They insured the life ... | [
{
"docid": "6405172",
"title": "",
"text": "into, the Ajax Company declared and paid a dividend on the stock in question in the sum of $7 per share, or $2S,000. The check for the dividend was made payable to the Petitioner, as she was the owner of record of the shares of stock. The check was then turned... |
444812 | court’s grant of a summary judgment motion de novo. Davis v. Illinois Cent. R.R., 921 F.2d 616, 617-18 (5th Cir.1991). Summary judgment is appropriate if the record discloses “that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). Bec... | [
{
"docid": "6726187",
"title": "",
"text": "first purchased for use or consumption) barred the action. Allison v. ITE Imperial Corp., 729 F.Supp. 45 (S.D.Miss.1990). Appellants timely appealed. II. The material facts are not in dispute. Appellants contend that Mississippi, rather than Tennessee, law app... | [
{
"docid": "14574770",
"title": "",
"text": "asser tions, and legalistic argumentation are not an adequate substitute for specific facts showing that there is a genuine issue for trial. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1429 (5th Cir.1996) (en banc); SEC v. Recile, 10 F.3d 1093, 1097 ... |
798458 | the matter be REMANDED to the Secretary for a calculation of benefits and an award thereof to the plaintiff. . The magistrate’s report is attached as an appendix to this memorandum. . I note that there is some question as to the qualification of Dr. Anthony Janelli, the treating physician of Mrs. Scarlata. Other than t... | [
{
"docid": "1261931",
"title": "",
"text": "is no indication in the record that plaintiff was later re-examined by Dr. Guttmann or found able to work. There is thus no support in the record for the finding of the Social Security Administration that plaintiff is not disabled. Dr. Guttmann is the only one... | [
{
"docid": "10956352",
"title": "",
"text": "to sustain either light or sedentary work on a full-time basis. Id. One non-treating physician, Dr. Leopold Moreno, reviewed Plaintiffs medical record and completed a residual physical functional capacity assessment on September 10, 1992. (R. at 89-96). Dr. M... |
200319 | were “related” under the policy because all the alleged acts of malpractice involved “the same patient, at the same facility, during the same period of time, with regard to the same x-ray,” all resulting in delayed diagnosis and injury. By contrast, the facts alleged in the underlying suits in this case involve two dis... | [
{
"docid": "1218295",
"title": "",
"text": "which Treviño was exposed during Hartford’s policy period. In another context, which was employees’ sexual molestation of minors, this circuit expressed its agreement with the Seventh Circuit’s conclusion that “ ‘continuous or repeated exposure to conditions’ ... | [
{
"docid": "7228057",
"title": "",
"text": "The facts alleged in the third-party complaint and those facts known to the insurer determine the scope of the insurer’s duty to defend. Id. Accordingly, “some courts refer to the standard as the ‘pleadings test.’ ” Century Indem. Co. v. Liberty Mut. Ins. Co.,... |
22854 | and after it already had been ascertained that Plaintiffs were unarmed, compliant, and posed no risk. Therefore, even taking the facts in the light most favorable to the Plaintiffs, the officers’ actions did not amount to a violation of clearly established law that allows similar actions in similar circumstances. See B... | [
{
"docid": "7413421",
"title": "",
"text": "warning Watson “physically attacked” Wall from behind, though Wall was walking in compliance with Watson’s order to leave. Watson grabbed him by his right wrist and bent and twisted his arm, causing pain. Watson then forced Wall “face first down” into a car, s... | [
{
"docid": "22324761",
"title": "",
"text": "take her to the back of her car and slam her head against the trunk after she was arrested, handcuffed, and completely secured, and after any danger to the arresting officer as well as any risk of flight had passed. Once an arrestee has been fully secured, su... |
742304 | mail within 10 days following issuance of the summons. If the summons is not timely delivered or mailed, another summons shall be issued and served. Rule 7004 incorporates the major portion of Fed.R.Civ.P. 4. As a preliminary matter, it appears that the debtor is correct that former subsection (j) rather than current s... | [
{
"docid": "18738672",
"title": "",
"text": "See Appel-lee’s Brief at p. 3. II. STANDARD OF REVIEW This case involves an appeal from the bankruptcy court’s dismissal of a complaint. In reviewing the propriety of the bankruptcy court’s order in this case, this court must “apply the same standards of revi... | [
{
"docid": "18098310",
"title": "",
"text": "erroneous, and the appellant can demonstrate “the most cogent evidence of mistake of justice.” In re Baker & Getty Fin. Servs., 106 F.3d 1255, 1259 (6th Cir.1997). Conclusions of law are reviewed de novo. In re Zaptocky, 250 F.3d 1020, 1023 (6th Cir.2001). Th... |
54691 | opportunity to file a pro se response to the motion to enforce, see id., and granted him an extension of time to file his response to the motion. To date, Mr. Jones has not filed a response to the motion to enforce. Under Anclers, we have conducted an independent review and examination of the motion to enforce. See id.... | [
{
"docid": "22671410",
"title": "",
"text": "waiver, the government will file a “Motion for Enforcement of the Plea Agreement.” This motion will address the three-prong enforcement analysis provided above, but not the underlying merits of the defendant’s appeal. The defendant will then have the opportun... | [
{
"docid": "19922843",
"title": "",
"text": "the guideline range determined appropriate by the court.” Id. The district court sentenced Novosel to sixty months’ imprisonment on each count, to be served consecutively. This sentence was at the statutory mandatory minimum of not less than five years’ impri... |
369658 | is a matter of law. Arizona v. Fulminante, 499 U.S. 279, 286, 111 S.Ct. 1246, 1252, 113 L.Ed.2d 302 (1991); Miller v. Fenton, 474 U.S. 104, 110, 106 S.Ct. 445, 449 — 150, 88 L.Ed.2d 405 (1985); United States v. Poduszczak, 20 M.J. 627, 631 (A.C.M.R.1985). A confession is the most probative and damaging evidence against... | [
{
"docid": "22656392",
"title": "",
"text": "v. Florida, 309 U. S. 227, 235-238. This Court’s decisions reflect a frank recognition that the Constitution requires the sacrifice of neither security nor liberty. The Due Process Clause does not mandate that the police forgo all questioning, or that they be... | [
{
"docid": "21602197",
"title": "",
"text": "such federal consequences. The situation can be viewed in several ways. The first approach, and that argued by Long, is to view this as a question of whether Long voluntarily confessed. \"[T]he Court’s confession cases hold that the ultimate issue of ‘volunta... |
838850 | defendant pays restitution. A court’s discretion in departing because of restitution is therefore constrained in three ways. First, the departure must be consistent with the attitude the Commission took toward restitution, which is that restitution is relevant to the extent it shows acceptance of responsibility. In thi... | [
{
"docid": "4100436",
"title": "",
"text": "[Brown] admitted, you know, his participation early on, and gets from me bonus points. If there were no guidelines in this particular case, I would give him a much more I think representative adjustment for acceptance of responsibility. That Brown’s confession... | [
{
"docid": "16715824",
"title": "",
"text": "495 U.S. 922, 110 S.Ct. 1956, 109 L.Ed.2d 318 (1990); see also United States v. Bolden, 889 F.2d 1336, 1341 (4th Cir.1989). The question here is whether restitution is a proper ground to be considered to justify departing downward from the Guidelines range. W... |
485457 | on the plaintiffs rights.” Finberg v. Sullivan, 634 F.2d 50, 54 (3d Cir. 1980). More specifically, this case was brought under 42 U.S.C. § 1983, which allows an individual to bring suit against a state official who is acting “under color of state law” — a requirement that parallels the “state action” requirement elucid... | [
{
"docid": "22556211",
"title": "",
"text": "Mr. Justice White delivered the opinion of the Court. These cases began when appellants, minority political parties and their candidates, qualified voters supporting the minority party candidates, and independent unaffiliated candidates, brought four separate... | [
{
"docid": "22217840",
"title": "",
"text": "note 21. . Section 1983 states, in relevant part: \"Every person who, under color of any statute, ordinance, or regulation, custom, or usage, of any state ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any ... |
472928 | (emphasis added). Since the Court has repeatedly expressed concern about both government “abuse” of its enforcement powers (or the like) and the “otherwise law-abiding citizen” (or the like), it is not surprising that the defense has two parts, one that focuses upon government “inducement” and the other upon the defend... | [
{
"docid": "3712989",
"title": "",
"text": "no previous disposition towards commission of the deed. Id. The initial burden of bringing to light some evidence of entrapment must be shouldered by the accused. See Kadis v. United States, 373 F.2d 370, 374 (1st Cir.1967). “A factual issue sufficient to requ... | [
{
"docid": "2006415",
"title": "",
"text": "at government instigation? Into this mix must, of course, be put the fact that certain serious crimes, “victimless” in the sense that no party wishes disclosure, cannot be effectively investigated without significant governmental involvement in illegal activit... |
860523 | be distributed by the trustee or the debtor under the plan on account of such claim is not less than the allowed amount of such claim....” The Code permits deferred payments over extended periods regardless of the prior financial arrangements between the parties and subsequent acceleration of the obligation due, so lon... | [
{
"docid": "18588427",
"title": "",
"text": "610, 4 Mont.B.R. 414, 418 (Bankr.D.Mont.1987), which held: “In this case, evidence of the debtor, which I find credible, shows the prevailing rate is 9% on 20 year contracts for deed, with interest rates on commercial loans fixed at 2% over prime at 8¥t%.” In... | [
{
"docid": "18160086",
"title": "",
"text": "less-than-literal interpretation of § 1225(a)(5)(B)(i) is impermissible because the concept of adequate protection may not be used in deciding whether a reorganization plan should be confirmed. We find no merit in this contention. The confirmation requirement... |
688409 | should not consider it in your deliberations because it had nothing to do with this case.” Having taken these prophylactic measures, the court refused to declare a mistrial. The appellant assigns error to this ruling, asserting that no instruction could cure the prejudice inherent in the mere mention of the stun gun. I... | [
{
"docid": "5607239",
"title": "",
"text": "explicitly concluded that the government had satisfied the requirements of Fed.R.Evid. 801(d)(2)(E), yet nonetheless struck the disputed evidence because of Rule 403 concerns. Although this was a somewhat unorthodox use of the Rule 801(d)(2)(E) model, we think... | [
{
"docid": "20329712",
"title": "",
"text": "twice blurted out that the defendant had suffered a gunshot wound in an event unrelated to the drug trafficking conspiracy with which he was charged. See id. at 672. The district judge gave a contemporaneous curative instruction on each occasion, and refused ... |
735952 | be responsible for fees incurred by the City due to its counsel need for extended time to respond to discovery requests. Wimberly denies generally the motion’s allegations, but does not specifically explain what facts are in dispute. STANDARD FOR AN AWARD OF ATTORNEY’S FEES TO A PREVAILING DEFENDANT The City seeks an a... | [
{
"docid": "22227298",
"title": "",
"text": "subsequent civil rights action, in part “because the union usually has exclusive control over presentation of the grievance, [and therefore] the employee’s opportunity to be compensated for a constitutional deprivation might be lost merely because it was not ... | [
{
"docid": "3089123",
"title": "",
"text": "to the Section 1983 claim, the VanderVossens claimed they were entitled to a judgment on the ground that, as private citizens, they did not act under color of state law. The City Defendants, for their part, claimed they were entitled to a judgment on the groun... |
868588 | quotation marks omitted). The probable cause inquiry requires courts to consider “the totality of the circumstances.” Strother, 318 F.3d at 67 (quoting United States v. Khounsavanh, 113 F.3d 279, 285 (1st Cir.1997)). Relevant factors include: whether an affidavit supports the probable veracity or basis of knowledge of ... | [
{
"docid": "22712283",
"title": "",
"text": "in person by a known informant who had provided information in the past. We concluded that, while the unverified tip may have been insufficient to support an arrest or search warrant, the information carried sufficient “indicia of reliability” to justify a fo... | [
{
"docid": "23409098",
"title": "",
"text": "aside erroneous information and material omissions, “there remains a residue of independent and lawful information sufficient to support probable cause.” Id. at 849. B. Probable Cause Once the inaccurate information has been removed from the affidavit, the re... |
25747 | contributorily negligent because otherwise they would profit in spite of their wrongdoing. However, the United States has been guilty of no wrongdoing, and the policy that excludes recovery by the parents is inapplicable to the United States. Implicit in our language thus far is the second reason which impels us to the... | [
{
"docid": "22317612",
"title": "",
"text": "the Code, and, second, because the government is not a ‘master’ and the soldier is not a ‘servant’ within the meaning of the Code section.” 153 F. 2d at 961. The court further concluded, however, that Etzel’s release “covered his lost wages and medical expens... | [
{
"docid": "11995230",
"title": "",
"text": "and defenses” which could have been exercised against the injured person. As a result of hearings by the House of Representatives Judiciary Committee, however, the bill was amended, in part we feel, to make clear that the United States was to have an independ... |
625829 | arrest, see Sibron v. State of New York, 392 U.S. 40, 66-67, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968); United States v. Broadie, 452 F.3d 875, 883 (D.C.Cir.2006), and to conduct a search incident to arrest, see, e.g., New York v. Belton, 453 U.S. 454, 460, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981). Moreover, there was sufficie... | [
{
"docid": "9816905",
"title": "",
"text": "United States v. Manner, 887 F.2d 317, 324 (D.C.Cir.1989), cert. denied, — U.S. —, 110 S.Ct. 879, 107 L.Ed.2d 962 (1990). Severance is due only if the evidence against one’s co-defendants is “far more damaging” than the evidence facing the accused, making it u... | [
{
"docid": "4421916",
"title": "",
"text": "On January 25,1994, a federal Grand Jury sitting in the District of Maryland returned a one-count indictment charging Milton with possession of a firearm by a convicted felon, see 18 U.S.C. § 922(g)(1). The ease went to trial and the jury returned a verdict of... |
650968 | the additional reduction, and the government provided a legitimate explanation for its decision. At the sentencing hearing, the government stated that it refused to move for an additional one-level reduction because Scott had made inconsistent statements about the amount of drugs involved in his crimes and had filed pr... | [
{
"docid": "6415569",
"title": "",
"text": "the defendant. United States v. Ismond, 993 F.2d 1498, 1499 (11th Cir.1993); see Beasley, 2 F.3d at 1561. Consequently, a base offense level is determined by including “all acts and omissions committed, aided, abetted, counseled, commanded, induced, procured, ... | [
{
"docid": "19799065",
"title": "",
"text": "after the sale, defendant discarded 32 additional ziplock bags of a substance that tested positive for opiates. District of Columbia authorities arrested defendant and later charged him in the Superior Court of the District of Columbia with unlawful distribut... |
108183 | States, 10 Cir., 227 F.2d 688. It is plain that appellants must have treated it as such for they filed a separate notice of appeal from the order denying their motion. Such an order is appealable. Balestreri v. United States, 9 Cir., 224 F.2d 915, 917. But as the case just cited said with respect to such a motion, quot... | [
{
"docid": "18170507",
"title": "",
"text": "the referee in bankruptcy who administered the oath had the authority to administer the oath. (3) Motion for a new trial based on newly discovered evidence which they alleged would have sustained the contentions of the defendants throughout the trial. Attache... | [
{
"docid": "23465254",
"title": "",
"text": "discovered before trial with due diligence — are mutually exclusive. Attempts have been made to assert ineffective assistance claims.in newly discovered evidence motions, on the theory that evidence of counsel’s ineffective performance at trial was newly disc... |
91969 | "which police officials record does not render the disclosure of those characteristics testimonial in character. Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966). An alias is as much an identifying characteristic as a defendant’s voice or handwriting, and the Supreme Court has held that the c... | [
{
"docid": "23297230",
"title": "",
"text": "circumstances surrounding the obtaining of a statement from a suspect held in custody, in order to determine whether the statement was coerced or the product of misunderstanding. Since almost any information obtained from a suspect, however innocuous it appea... | [
{
"docid": "15470731",
"title": "",
"text": "inspectors had implied that the first was legitimate because it was not stolen. Given these facts, the postal inspectors were justified in taking the relatively simple step of tracing the origin of the money orders, which in no way impinged on Prewitt’s right... |
448768 | reliquidate an entry under 19 U.S.C. § 1520(d), which governs post-importation claims to preferential treatment under NAFTA. 19 U.S.C. § 1514(a) (Supp. V 1999). . Section 1581(a) states: “The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to contest the denial of a protest,... | [
{
"docid": "11418179",
"title": "",
"text": "any merchandise \"into the Commerce of the United States,” through any document, oral statement or act which is material and false, or any omission which is material. 19 U.S.C. § 1592(a)(1988). . 28 U.S.C. § 1581(a) provides: \"The Court of International Trad... | [
{
"docid": "22332351",
"title": "",
"text": "novo. Guess? Inc. v. United States, 944 F.2d 855, 857 (Fed.Cir.1991). I. The first issue on appeal is whether the Court of International Trade had jurisdiction over Mitsubishi’s protest under 28 U.S.C. § 1581(a). Section 1581(a) provides: “The Court of Intern... |
829441 | decision of the N.L.R.B. must be set aside. The confusion of the Administrative Law Judge (ALJ) and, by adoption, the Board on this vital issue is readily apparent from the wording of his findings: Therefore, I find that tack welding has been a part of the contractual bargaining unit during the history of Respondent’s ... | [
{
"docid": "15509193",
"title": "",
"text": "Mr. Justice CLARK: Petitioner, The University of Chicago, seeks review of an NLRB order, which found that it violated Section 8(d) and derivatively Sections 8(a)(1), 8(a)(2), and 8(a)(5) of the Act when, during the term of a collective bargaining agreement, t... | [
{
"docid": "10051916",
"title": "",
"text": "at the end of their shifts on March 28,1997 and converted the theaters to manager-operated. C. The Board’s Decision and Order As a result of the foregoing events, the three Locals filed unfair labor practice charges against Regal. After investigating the clai... |
211264 | present a charge; rather, the state agency has to consider the charge as filed in order to satisfy the requirement to institute proceedings. The district court granted Muskingum’s motion. In its opinion, the court concluded that although the OCRC personnel helped Nichols process her charge, that charge was filed only w... | [
{
"docid": "12387414",
"title": "",
"text": "jurisdiction to hear Joel-son’s claim under the Administrative Procedure Act because the decision to remove a panel trustee is committed to agency discretion by law; (2) Joelson failed to state a valid constitutional claim; (3) Joelson’s exclusive remedy for ... | [
{
"docid": "11024489",
"title": "",
"text": "guidelines. 470 U.S. at 834-35, 105 S.Ct. at 1657-58. Because Title VI does not provide express or substantive guidelines for HHS to follow in deciding what information to collect when enforcing the statute, there is no law for this court to apply. The APA pr... |
461497 | and Fifth Amendments. After indictment, the Government moved for an order compelling the execution of handwriting and handprinting exemplars by each defendant. Following a hearing, the motion was granted and Roth and Kephart, who were in Oregon, were ordered to execute the exemplars in the office of the United States A... | [
{
"docid": "22663854",
"title": "",
"text": "some Philadelphia robberies in which the robber used a handwritten note demanding that money be handed over to him, and during that interrogation gave the agent the handwriting-exemplars. They were admitted in evidence at trial over objection that they were o... | [
{
"docid": "22138969",
"title": "",
"text": "recording device. Dionisio refused to do so, asserting that such a procedure violated his rights under the fourth and fifth amendments. The Government’s petition for enforcement established that the voice exemplars were essential and necessary to the grand ju... |
140538 | interest in the corporation into two steps, we have no course but to adopt respondent’s characterization of the two steps as a single sale. But even if the purported sale and subsequent redemption could be considered separate transactions having independent tax significance, it would defy our fact-finding powers to rec... | [
{
"docid": "15854386",
"title": "",
"text": "Petitioner argues, how ever, that the presumption is nullified in-this case because the Court made a finding based on the alleged incompetent evidence. While such a finding does appear it is clear that the Court did not act on it. The Court makes no mention o... | [
{
"docid": "16581348",
"title": "",
"text": "WOODBURY, Circuit Judge. This petition by the Commissioner of Internal Revenue for review of a decision of the Tax Court of the United States presents a single issue on undisputed facts. The taxpayer owned a substantial majority of the stock of two separate a... |
416226 | upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliqui-dated damages in cases not sounding in tort.” 28 U.S.C. § 1491(a)(1) (1982). The Tucker Act does not, however, create any substantive r... | [
{
"docid": "13829002",
"title": "",
"text": "Sess. 45 (1978), reprinted in 1978 U.S.Code Cong. & Ad.News 2723, 2767. See also id. at 48, 1978 U.S.Code Cong. & Ad.News at 2770 (procedural protections and appeal rights do not apply to probationary employees). Because Congress could have permitted probatio... | [
{
"docid": "21079838",
"title": "",
"text": "any factual assertions will not withstand a motion to dismiss.” Briscoe v. LaHue, 663 F.2d 713, 723 (7th Cir.1981), aff'd, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983). In order for this court to have jurisdiction over plaintiffs complaint, the Tucker A... |
76959 | injury, does not require, as an element of the offense, that the defendant use physical force to inflict that injury. See Report at 16. For example, as the statutory language suggests, a common violation of NYPL § 120.05(6) occurs when a police officer falls and injures himself while pursuing a fleeing felon. Judge Fre... | [
{
"docid": "23260209",
"title": "",
"text": "See Sutherland v. Reno, 228 F.3d 171, 173-74 (2d Cir.2000) (citing Michel v. INS, 206 F.3d 253, 262 (2d Cir. 2000)). Accordingly, because the INA defines an “aggravated felony” in § 1101(a)(43)(F) by reference to a “crime of violence” in 18 U.S.C. § 16, we re... | [
{
"docid": "22173857",
"title": "",
"text": "not constitute a crime of violence under 18 U.S.C. § 16(b), and therefore a court could not consider it as an “aggravated felony” under U.S.S.G. § 2L1.2(b)(l)(A). Because § 16(b) contains the language “by its nature” to modify “felony”, this Court held that i... |
132588 | 91 F. 2d 484, 486 (C.A. 9, 1937) and Public Affairs Associates, Inc. v. Rickover, 284 F. 2d 262, 272 (C.A.D.C. 1960), vacated, and remanded, 369 tJ.S. Ill (1962), which are often cited In this connection, both Involved actual publication and distribution of many copies, not the simple making of a copy for individual pe... | [
{
"docid": "20181764",
"title": "",
"text": "of the opinion that the complaint states a good cause of action on its face. Sections 3 and 5 of the Copyright Act of March 4, 1909, 17 U.S.C.A. §§ 3, 5; Exhibit “C” annexed to the complaint evidencing compliance with said Act. See King Features Syndicate v. ... | [
{
"docid": "21323008",
"title": "",
"text": "market for, the original. Hill v. Whalen & Martell, Inc., 220 F. 359 (S.D.N.Y. 1914); Folsom v. Marsh, 9 F. Cas. 342 (D. Mass. 1841). And it has been held that wholesale copying of a copyrighted work is never “fair use” (Leon v. Pacific Tel. & Tel. Co., 91 F.... |
379144 | should weigh the seriousness of his offense against the severity of the persecution he is likely to suffer before deciding whether he is entitled to relief. The United Nations High Commissioner for Refugees has stated that when an alien is considered ineligible for withholding because he has committed a serious nonpoli... | [
{
"docid": "22965029",
"title": "",
"text": "Cir.1982). However, the requirements for substantive relief under section 208(a) are considerably less stringent than those under 243(h); accordingly, there is a significant difference between the tests we apply in the two cases. See Cardoza-Fonseca v. INS, 7... | [
{
"docid": "22697455",
"title": "",
"text": "Determining Refugee Status (Geneva, 1979) (U. N. Handbook). We agree the U. N. Handbook provides some guidance in construing the provisions added to the INA by the Refugee Act. INS v. Cardoza-Fonseca, 480 U. S., at 438-439, and n. 22. As we explained in Cardo... |
827754 | Utah Lake, and the structure and the history of the 1888 Act strongly suggest that Congress had no such intention. On its face, the 1888 Act does not purport to defeat the entitlement of future States to any land reserved. Instead, the Act merely provides that any reserved land is “reserved from sale” and “shall not be... | [
{
"docid": "22156231",
"title": "",
"text": "general references to the compact. This Court may not assume that Congress had no purpose to aid navigation, and that its real intention was that the stored water shall be so used as to defeat the declared primary purpose. Moreover, unless and until the store... | [
{
"docid": "19333197",
"title": "",
"text": "lakes.” Id., at 203. Moreover, the Government’s ability to control and develop navigable waters would not be impaired if the land beneath the navigable waters passed to the State. Id., at 202; see also Arizona v. California, 373 U. S. 546, 597-598 (1963); Ari... |
734532 | consideration pursuant to Rule 3(e), Rules of the Sixth Circuit. The sole issue presented is whether said sentence is subject to collateral attack on the basis of a lack of jurisdiction in the sentencing court because respondentappellee was represented at indictment and during the sentencing procedure by specially appo... | [
{
"docid": "12858678",
"title": "",
"text": "been reversed, United States v. Crispino, 517 F.2d 1395 (2d Cir. 1975) (mem.); United States v. Dulski, supra, rev’d sub nom. Infelice v. United States, 528 F.2d 204 (7th Cir. 1975) as have all other cases holding authorization letters inadequate in light of ... | [
{
"docid": "17490248",
"title": "",
"text": "CLARK, Associate Justice. These two cases raise one common question: Whether an indictment must be invalidated when the letter of authority from the Attorney General directing the “special attorney” to investigate and prosecute the case is too broad under 28 ... |
652467 | 1911; for 1911 in June, 1912; for 1912 in June, 1913. No claim for a refund of any of these payments was made until April 30, 1915, and then the claim was in general terms, “For . . . amounts paid by it as taxes which, through lack of information as to the requirements of the law or by error in computation, it may have... | [
{
"docid": "22598173",
"title": "",
"text": "Commissioner and collector of Internal Revenue for the United States, and the amended exemption clause, ‘less average amount- of all deposits not exceeding $2000, made in the name of any one person,is construed as exempting ‘ all deposits made in the name of ... | [
{
"docid": "22234079",
"title": "",
"text": "the Income Tax Law since we are clearly of the opinion that it is within the contemplation of paragraph L (38 Stat. 179), of the act which provides: “That all administrative, special, and general provisions of law, including the laws in relation to the assess... |
705122 | 191, 193 (Bankr. S.D. Ohio 1984) ). 895 F.2d 725, 727 (11th Cir. 1990). In re Northlake Foods, Inc. , 715 F.3d 1251, 1256 (11th Cir. 2013) (citing Rodriguez, 895 F.2d at 727 ). Rodriguez , 895 F.2d at 727. 615 F. App'x 925 (11th Cir. 2015). In re Royal Crown Bottlers of N. Ala., Inc. , 23 B.R. 28, 30 (Bankr. N.D. Ala. ... | [
{
"docid": "20921554",
"title": "",
"text": "finding of fraudulent intent_ The significance of the above-stated decision is that the law of fraudulent transfers or conveyances under § 726.01 required a showing and proof of the debtor’s actual intent to hinder, delay, or defraud creditors through the exe... | [
{
"docid": "21743430",
"title": "",
"text": "No. 5:11cv00048, 2016 WL 3926492, at *13-15 (W.D. Va. July 18, 2016) (conceding, however, that “Delaware ... has not expressly authorized reverse veil piercing”), appeal docketed, No. 16-1920 (4th Cir. Aug. 12, 2016); Kelley v. Opportunity Fin., LLC (In re Pe... |
222162 | United States, 104 Fed.Cl. 230, 238 (2012); Vanguard Recovery Assistance v. United States, 101 Fed.Cl. 765, 780 (2011). As stated by the United States Supreme Court: Section 706(2)(A) requires a finding that the actual choice made was not “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance wi... | [
{
"docid": "22539153",
"title": "",
"text": "be said to be within that range. The reviewing court must consider whether the Secretary properly construed his authority to approve the use of parkland as limited to situations where there are no feasible alternative routes or where feasible alternative rout... | [
{
"docid": "17537299",
"title": "",
"text": "824, 28 L.Ed.2d 136, 153 (1971). . Id. (emphasis added). This statement of the scope of review was reaffirmed very recently by a unanimous Supreme Court in Bowman Transp., Inc. v. Arkansas-Best Freight Sys., Inc., 419 U.S. 281, 284-86, 95 S.Ct. 438, 441-42, 4... |
312196 | refusing to consider his proffered new evidence and claimed that her failure constituted a due process violation. With respect to this argument, the BIA’s September 11, 2008 ruling construed Petitioner’s claim as a motion to remand the proceeding for further consideration of the new evidence. The BIA denied the motion ... | [
{
"docid": "22289885",
"title": "",
"text": "his wife. He also admitted that he never provided a written personal statement to Basi, as he had earlier claimed. V. Second IJ Decision In her second decision, the IJ found Fernandes not credible and denied his application for asylum, withholding of removal,... | [
{
"docid": "22200969",
"title": "",
"text": "PER CURIAM. We consider here whether a Court of Appeals possesses jurisdiction to review the decision of an immigration judge to deny a motion for a continuance filed during an immigration proceeding. Petitioner Rasaq Opyemi Sanusi, a native and citizen of Ni... |
144027 | Wisconsin’s laws, including the 2011 amendment to its disorderly conduct statute and adoption of Article I, section 25 of its Constitution, together convince me that the calculus is now quite different. I have no doubt that these changes in the law make the work of police officers more difficult and more dangerous. I a... | [
{
"docid": "7228967",
"title": "",
"text": "therefore conclude that the Fourteenth Amendment does not “incorporate” the Second Amendment’s right “to keep and bear Arms.” And I consequently dissent. I The Second Amendment says: “A well regulated Militia, being necessary to the security of a free State, t... | [
{
"docid": "12792223",
"title": "",
"text": "issue. But the scope of the Second Amendment is broad with regard to the kinds of arms that fall within its protection, “extending], prima facie, to all instruments that constitute bearable arms.” District of Columbia v. Heller, 554 U.S. 570, 582, 128 S.Ct. 2... |
627309 | and our remand in connection therewith. We find no merit in plaintiff’s contention on this procedural issue. The question of duplicate damages was clearly presented to the trial court. Defendant contends that an award for loss of future profits in addition to an award allowing the full value of plaintiff’s business rec... | [
{
"docid": "14294696",
"title": "",
"text": "S.Ct. 1051, 93 L.Ed. 1371 (1949); United States v. Masonite Corp., 316 U.S. 265, 62 S.Ct. 1070, 86 L.Ed. 1461 (1942); United States v. Socony-Vacuum Oil Co., 310 U.S. 150, 60 S.Ct. 811, 84 L.Ed. 1129 (1940); F.T.C. v. Beech-Nut Packing Co., 257 U.S. 441, 42 S... | [
{
"docid": "23230349",
"title": "",
"text": "Customer Selection or Dealer Protection, 22 A.B.A. Antitrust Section 49 (1962). In Sun Oil Co. v. F. T. C., 294 F.2d 465, 482-484 (5th Cir. 1961), the Court of Appeals reversed a finding of a price-fixing agreement based in part upon the granting by Sun of an... |
806547 | MEMORANDUM Sohrab Haroonian appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional claims arising out of his failure to pass the California Bar Exam. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Carmona v. Carmona, 603 F.3d 1041, 1050 (9th Cir... | [
{
"docid": "22928760",
"title": "",
"text": "unconstitutional delegation of power, violates separation of powers, and deprives appellants of a right to vote. The California Supreme Court has previously rejected similar constitutional challenges on the ground the Bar Court functions as an administrative ... | [
{
"docid": "22859803",
"title": "",
"text": "lack of subject matter jurisdiction under the Rooker-Feldman doctrine. Manufactured Home Cmtys., Inc. v. San Jose, 358 F.Supp.2d 896 (N.D.Cal.2003). The district court affirmed its dismissal under res judicata. The district court also dismissed MHC’s claims f... |
556161 | to proceed with a claim against the trustee. If a bankruptcy court concludes that the claim against a trustee is one that the court would not itself be able to resolve under Stem, that court can make the initial decision on the procedure to follow. Once a bankruptcy court makes such a determination, this court can revi... | [
{
"docid": "20394787",
"title": "",
"text": "is no constitutional problem under Marathon, and because Harris’s contract suit more than “arguably” fits withm subsection (A), Castlerock does not apply and core proceeding jurisdiction existed under our holding in Harris Pine Mills. B. The district court er... | [
{
"docid": "5481679",
"title": "",
"text": "contend that their negligence and fiduciary duty claims against Schmidt are such claims. We conclude that the Barton doctrine continues to apply regardless of whether the plaintiffs’ claims qualify as Stem claims, for two reasons. First, the Supreme Court has ... |
196391 | whether a mortgagee can foreclose after the judgment in a suit on the note has been rendered, a situation different from what the French court had to decide. . Middleton involved a suit brought against the makers of the note for the unpaid balance and for foreclosure of the real property lien. Middleton v. Nibling, 142... | [
{
"docid": "5126670",
"title": "",
"text": "issues of law are raised in this appeal; there are no factual issues in dispute. We review issues of law de novo. In re Cole, 93 B.R. 707, 708 (9th Cir. BAP 1988). DISCUSSION The California “single action rule” derives from Cal.Code Civ.Proc. § 726(a), which p... | [
{
"docid": "10230629",
"title": "",
"text": "cannot acquire jurisdiction; 3) at the time the action is commenced, the claim is the subject of another pending action; and 4) the opposing party brought suit upon the claim by attachment or other process by which the court did not acquire jurisdiction to re... |
826626 | brought under § 371 the government in order to avoid the bar of the limitation period of § 3282 must show the existence of the conspiracy within the five years prior to the return of the indictment, and must allege and prove the commission of at least one overt act by one of the conspirators within that period in furth... | [
{
"docid": "12297298",
"title": "",
"text": "§ 1001. Defendants allege that Count 1 of C 143-289 is identical with the counts of C 142-126 and so Count 1 of C 143-289 should be dismissed. In Pinkerton v. United States, 328 U.S. 640, at page 643, 66 S.Ct. 1180, at page 1182, 90 L.Ed. 1489, the court stat... | [
{
"docid": "23207305",
"title": "",
"text": "‘defense’ would necessarily negate an essential element of the crime charged.” 18 U.S.C. § 371 provides: If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any mann... |
381883 | unaccounted-for person, in the context of a volatile domestic dispute situation, might access the firearm and use it against them or other occupants of the trailer. These facts and reasonable inferences drawn therefrom could warrant a “ ‘reasonably prudent officer in believing that the area to be swept harbor[ed] an in... | [
{
"docid": "1679368",
"title": "",
"text": "on the premises and pose a danger to the police. Id. at 334-36, 110 S.Ct. 1093. Such a protective sweep “may be no more than ‘a cursory inspection of those spaces where a person may be found’ ” and “may Tast[ ] no longer than is necessary to dispel the reasona... | [
{
"docid": "20635768",
"title": "",
"text": "Webster, 750 F.2d 307, 328 (5th Cir.1984). “A ‘protective sweep’ is a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others. It is narrowly confined to a cursory visual inspection of those... |
18749 | the light most favorable to the Plaintiffs, no reasonable person could find that the telephone system at W.I.C.C. violates the Plaintiffs’ constitutional rights. The Defendants have not unduly infringed upon either the Plaintiffs’ right of association, or their right of access to the courts. Generally, the effective fi... | [
{
"docid": "3713009",
"title": "",
"text": "would be required as a matter of law. Intervenor expected too much in these circumstances even if its request had been well pleaded. That problem can only be an issue for further collective bargaining between the parties. Intervenor also argues that the interl... | [
{
"docid": "22768356",
"title": "",
"text": "1329-34. Thus, the associational plaintiffs have standing to bring this action as representatives of their members. C. City of New York In its intervenor complaint, the City asserted that Operation Rescue’s activities constituted a public nuisance endangering... |
101491 | will analyze the plaintiffs Fourteenth Amendment Due Process claims of deliberate indifference to the serious medical needs under the Eighth Amendment deliberate indifference standard applicable to convicted prisoners. [2] show that prison medical treattreatwas so inadequate as to amount to “cruel and unusual punishmen... | [
{
"docid": "22746322",
"title": "",
"text": "affidavits described the challenged conditions and charged that the authorities, after notification, had failed to take remedial action. Respondents’ affidavits denied that some of the alleged conditions existed, and described efforts by prison officials to i... | [
{
"docid": "22258552",
"title": "",
"text": "a satisfactory supply of bandages and kindred materials and that he was capable of changing his dressings without assistance. The court also found, in substance, that the level of care which DesRosiers received was adequate, if not ideal. Based on these findi... |
103971 | 50 F.3d 299, 304 (4th Cir. 1995)). In its Complaint, the State asserted that this court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1361, 2201, 2202 and three provisions of the APA, 5 U.S.C. § 702, 704, and 706. (ECF No. 1 at 3-4.) “Section 1331 ‘is not a general waiver of sovereign immunity. It merely establishes ... | [
{
"docid": "4210321",
"title": "",
"text": "not go on to balance the Government’s interest in confidentiality against the public’s interest in disclosure. Before we proceed to the merits, however, we must address a threshold issue, namely, whether this suit is barred by the doctrine of sovereign immunit... | [
{
"docid": "8645313",
"title": "",
"text": "seek to invoke this Court’s jurisdiction under the general federal question statute. See 28 U.S.C. § 1331. Section 1331 grants federal courts original subject matter jurisdiction over civil actions which arise under “the Constitution, laws, or treaties of the ... |
65412 | have sufficiently alleged the existence of two separate enterprises under either view.”). See also United States v. DeRosa, 670 F.2d 889, 896 (9th Cir.1982) (enterprise established by compelling evidence of organization), cert. denied, 459 U.S. 993, 103 S.Ct. 353, 74 L.Ed.2d 391 (1982); United States v. Bagnariol, 665 ... | [
{
"docid": "2336819",
"title": "",
"text": "PER CURIAM: I. Plaintiff (Sigmond) timely appeals from the district court’s grant of summary judgment for the defendants. Sigmond brought this action pursuant to section 1964(c) of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 196... | [
{
"docid": "17310045",
"title": "",
"text": "liability for participation in a conspiracy in violation of section 1962(d). A. Section 1962(c) Liability under section 1962(c) requires (1) the conduct, (2) of an enterprise, (3) through a pattern, (4) of racketeering activity. Sedima, S.P.R.L. v. Imrex Co.,... |
466254 | "dismissal of her claim for loss of consortium, so we address only Ruddy’s claims. . USPS notes in its brief that Ruddy did not reference the District Court's order, document number 39 on the docket, denying his request for a continuance, in his notice of appeal. App. 1. This Court has held that ""we can exercise juris... | [
{
"docid": "11585186",
"title": "",
"text": "axiomatic that- decisions on the merits, are not to be avoided on grounds of technical violations of procedural rules, see Foman v. Davis, 371 U.S. 178, 181-82, 83 S.Ct. 227, 229-30, 9 L.Ed.2d 222 (1962), and we have read notices of appeal liberally.- See CTC... | [
{
"docid": "14730597",
"title": "",
"text": "especially those filed pro se, are liberally construed, and we can exercise jurisdiction over orders not specified in a notice of appeal if \"(1) there is a connection between the specified and unspecified orders; (2) the intention to appeal the unspecified o... |
564066 | "CONCLUSION We REVERSE and REMAND the district court’s dismissal for lack of subject matter jurisdiction of the claim for attor neys’ fees and costs, AFFIRM the district court’s dismissal of Consumer Appellants’ and FCA’s injunctive relief claims for lack of subject matter jurisdiction, and AFFIRM the district court’s ... | [
{
"docid": "4167024",
"title": "",
"text": "that is ‘fairly traceable’ to the conduct; and (3) an injury that is likely to be redressed by a favorable decision.” Jorman v. Veterans Admin., 830 F.2d 1420, 1424 (7th Cir.1987). An injury is no longer redressable where “the parties lack a legally cognizable... | [
{
"docid": "11660438",
"title": "",
"text": "They settled their suit for an amount far greater than each could recover were the ease successfully tried to conclusion. Hence, there are no damages that the consumer plaintiffs could recover against the remaining defendant [sic]. And, because the consumer p... |
646326 | the Foundation was not at any relevant time approved by the Secretary of Education. In Chicago School, a case decided under this statute, the Seventh Circuit determined that the common law standard for reviewing accreditation decisions is essentially the same as the standard used to review decisions by administrative a... | [
{
"docid": "13343779",
"title": "",
"text": "since the reasons were not specified, could the plaintiff determine whether the reason for rejection was academic or disciplinary. In Hatley, supra, the member’s horse was not registered as a quarter horse for having excessive white on its body. The court fel... | [
{
"docid": "7233994",
"title": "",
"text": "Research, Inc. v. College of American Pathologists, 170 F.3d 53 (1st Cir.1999), an antitrust case, which states: The governing precept ... is that while the plaintiffs “facts” must be accepted as alleged, this does not automatically extend to “[b]ald assertion... |
749419 | record. Fed.R.Crim.P. 35(c). Several courts of appeals have considered the question presented to the court today. The first circuit to address this issue was the Eleventh Circuit in United States v. Morrison, 204 F.3d 1091 (11th Cir.2000). In Morrison, the district court had set aside an incorrect sentence within seven... | [
{
"docid": "5315590",
"title": "",
"text": "its intent to construe Wisch’s filing as a 35(c) petition, and defense counsel went along with the court without objection. Such a construction decidedly works to Wisch’s benefit, given AEDPA’s limits on post-conviction proceedings. We are not convinced that t... | [
{
"docid": "22920978",
"title": "",
"text": "states that “[w]ithin 7 days after sentencing, the court may correct a sentence,” Fed. R. Crim P. 35(a) (emphasis added)—makes clear that the seven-day period limits the time in which a court may impose a corrected sentence, not the time in which a party may ... |
471663 | connection with the civil suit. When asked about Stoecker’s trip, Liou denied that he had in any way arranged for or paid for the travel, that his wife had arranged payment in any way, or that he even knew that Stoecker went on the trip. Liou’s perjury charge was based on these statements made in his civil deposition. ... | [
{
"docid": "22270081",
"title": "",
"text": "Badillo-Rangel’s challenge to his conviction. Badillo-Rangel argues that the district court erred in denying his motion for judgment of acquittal on the charge of aiding and abetting the use and carrying of a firearm during a crime of violence. At the close o... | [
{
"docid": "4226569",
"title": "",
"text": "v. Bell, 678 F.2d 547 (5th Cir.1982) (en banc), aff'd, 462 U.S. 356, 103 S.Ct. 2398, 76 L.Ed.2d 638 (1983) as follows: It is not necessary that the evidence exclude every reasonable hypothesis of innocence or be wholly inconsistent with every conclusion except... |
875789 | denying their motions for leave to file third and fourth amended counter-complaints. The Johnsons also appeal the order denying their motion to recuse the district court judge, and the order denying their motion to reconsider. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal for lack of ... | [
{
"docid": "2424240",
"title": "",
"text": "civil forfeiture of the currency. The case was reassigned to Judge Vuka-sin pursuant to Local Rule 205-2 as a “related” ease. Robinson filed a claim for the defendant funds on January 31, 1991. Robinson’s subsequent motion for the recusal of Judge Vukasin was ... | [
{
"docid": "22456535",
"title": "",
"text": "failure to state a claim, determining that neither a tester in Smith’s circumstance nor an organization like DRAC had standing to assert rights under the FHAA. DRAC subsequently moved for reconsideration under Fed.R.Civ.P. 59(e). In that motion, DRAC alerted ... |
379184 | also, United States v. Hamilton, 792 F.2d 837, 839 (9th Cir.1986) (affirming refusal to recuse where trial judge stated that he had no recollection of 15-year-old prior proceeding in which defendant had appeared before him and the record contained no evidence of bias or prejudice). Accordingly, the trial judge did not ... | [
{
"docid": "22650525",
"title": "",
"text": "Per Curiam. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. Upon consideration of the entire record we agree with the Solicitor General that “the record in this case does not sufficiently support the fi... | [
{
"docid": "23645618",
"title": "",
"text": "denying continuances. The Supreme Court in Avery v. Alabama, 308 U.S. 444, 446, 60 S.Ct. 321, 322, 84 L.Ed. 377 (1940) stated: In the course of trial, after due appointment of competent counsel, many procedural questions necessarily arise which must be decide... |
722050 | F.2d 240, 244-45 (2d Cir.1972). A conviction may be sustained on the basis of the testimony of a single accomplice, so long as that testimony is not incredible on its face and is capable of establishing guilt beyond a reasonable doubt. See United States v. Parker, 903 F.2d 91, 97 (2d Cir.), cert. denied, 498 U.S. 872, ... | [
{
"docid": "23158383",
"title": "",
"text": "at the time of his arrest was his own, and the rest belonged to the owners of Christopher’s and the garage. Roman also called several witnesses who testified, inter alia, that Roman spoke little or no English. A bilingual teacher gave his expert opinion that ... | [
{
"docid": "10051896",
"title": "",
"text": "the jury might fairly have concluded guilt beyond a reasonable doubt, United States v. Buck, 804 F.2d 239, 242 (2d Cir.1986); United States v. Taylor, 464 F.2d 240, 244-45 (2d Cir.1972). In order to prove a charge of conspiracy, the government need not presen... |
33460 | "both civil in its stated intent and nonpunitive in its purpose”); United States v. Brown, 586 F.3d 1342, 1347 (11th Cir.2009) (""SORNA created a comprehensive national system for registering sex offenders in order to track their interstate movement.”). . In support of its claim of consensus on the part of the circuit ... | [
{
"docid": "22972306",
"title": "",
"text": "Fla. Stat. § 943.0435. Ambert traveled from Florida back to California on July 9, 2007. He returned to Florida on July 11, 2007 and was arrested in Jacksonville. On September 18, 2007, Ambert was charged in a superseding federal indictment filed in the United... | [
{
"docid": "8681911",
"title": "",
"text": "as Felts’s own conduct renders this defense unavailable. Under any conceivable definition of the word “register,” Felts did not register. There is no question that Felts failed at a minimum to update his address information when he moved, with a minor, to Flor... |
472255 | laid out the facts which he found material, not those he did not. We said, however, that it was unfortunate that the judge did not mention the defendant’s personal characteristics. We upheld the sentence, in part because, like the district judge, we saw nothing in Newsom’s personal history which would undermine the sen... | [
{
"docid": "3224198",
"title": "",
"text": "methodology for measuring the reasonableness of the Guidelines sentence against § 3553(a). See United States v. Dean, 414 F.3d 725, 729 (7th Cir.2005). And the need for a judge to explain in detail his consideration of the § 3553(a) factors when choosing to st... | [
{
"docid": "6971310",
"title": "",
"text": "not impermissible double counting. The guidelines require the application of a six-level enhancement when the kidnapper demanded a ransom, see U.S.S.G. § 2A4.1(b)(l), and nothing in the text of this guideline or its application notes suggests that the enhancem... |
77269 | financial structure had rotted and was about to crumble. Accordingly, we find the Banks reliance on the financial statements was reasonable. We explain. Reasonable reliance within the context of § 523(a)(2)(B) is not defined by the Bankruptcy Code. However, the standard for determining whether reliance is rea sonable i... | [
{
"docid": "22268054",
"title": "",
"text": "reliance on such Application as an accurate and complete representation of the Debtor’s financial condition. Simply phrased, the question is, whether faced with the knowledge the creditor had, was reliance on the given statement reasonable. See, Matter of Wil... | [
{
"docid": "22828776",
"title": "",
"text": "creditors who have acted unreasonably. In re Brewood, 15 B.R. 211, 215 (Bkrtcy.D.Kan.1981); see also In re Arden, 2 B.C.D. at 207. On the other hand, negligence on the part of the creditor does not automatically exonerate the debtor, even where the creditor w... |
735913 | "that the regulations diminished the property's combined value by less than 10 percent. The Supreme Court of Wisconsin denied discretionary review. This Court granted certiorari, 577 U.S. ----, 136 S.Ct. 890, 193 L.Ed.2d 783 (2016). II A The Takings Clause of the Fifth Amendment provides that private property shall not... | [
{
"docid": "22769131",
"title": "",
"text": "every such restriction. 505 U. S., at 1017-1018. But as we explain, infra, at 339-341, these assumptions hold true in the context of a moratorium. The case involved “a bill in equity brought by the defendants in error to prevent the Pennsylvania Coal Company ... | [
{
"docid": "19629038",
"title": "",
"text": "party has asked us to reconsider. The Court, however, has never purported to ground those precedents in the Constitution as it was originally understood. In Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 415, 43 S.Ct. 158, 67 L.Ed. 322 (1922), the Court announ... |
601329 | phrases like “among other things,” “in part,” and “including, but not limited to” are potentially prejudicial because they could “lead the jury to speculate that [the] defendant was guilty of or responsible for actions in addition to those charged in the indictment,” United States v. Poindexter, 725 F.Supp. 13, 35 (D.D... | [
{
"docid": "16411917",
"title": "",
"text": "to strike words such as “at least,” and “among other things” from various paragraphs of Count 1 and Count 2. Crown-Trygg argues that these words are surplusage and prejudice the defendant in as much as the words allow the jury to speculate as to the nature of... | [
{
"docid": "710645",
"title": "",
"text": "230 (N.D.Ill.1977), aff’d, 598 F.2d 1101 (7th Cir.1979); see also United States v. Freeman, 619 F.2d 1112, 1118 (5th Cir.1980) (reference in indictment to particular events that “included, but were not limited to, the following” should have been treated as surp... |
644078 | the Complaint, the Plaintiff alleges that the Resolution is a bill of attainder forbidden by article I, sections 9 and 10 of the United States Constitution. In 1946, in a landmark case, the United States Supreme Court invalidated a section of the Urgent Deficiency Act of 1943 which prohibited payment of further salary ... | [
{
"docid": "22798150",
"title": "",
"text": ". . a limited constitution . . . [is] one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved... | [
{
"docid": "2666",
"title": "",
"text": "attainder ought to extend to legislation subjecting specified persons to penalties short of death—what the framers called “bills of pains and penalties.” Id. at 138, 3 L.Ed. 162; United States v. Brown, 381 U.S. 437, 447, 85 S.Ct. 1707, 1714, 14 L.Ed.2d 484 (1965... |
284194 | most favorable to the non-moving party.” Rocks v. City of Philadelphia, 868 F.2d 644, 645 (3d Cir.1989). The question before the court is not whether the plaintiff will ultimately prevail; rather, it is whether the plaintiff could prove any set of facts in support of his claim that would entitle the plaintiff to relief... | [
{
"docid": "1371273",
"title": "",
"text": "dismiss plaintiffs’ complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted. The basis of As-ten-Hill’s motion was that the exclusivity provisions of both the Pennsylvania Workmen’s Compensation and the Occup... | [
{
"docid": "13805197",
"title": "",
"text": "Bankr.P. 7008 . “The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support [its] claims.” Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974), overruled on other ... |
531679 | at the end of the meeting at the U.S. Attorney’s office that he was looking forward to working with him. Martinez testified that he interpreted this as Special Agent Craft’s saying that he looked forward to negotiating a deal with Martinez. But even on Martinez’s account, Special Agent Craft had already indicated that ... | [
{
"docid": "6020124",
"title": "",
"text": "excuses, but not unemployed.” This contention is quite less than meritless. The defendants next challenge the district judge’s decision to admit two of Robert Lewis’ statements into evidence. On May 20, 1994, Lewis talked to an IRS agent and an Illinois state ... | [
{
"docid": "22674296",
"title": "",
"text": "are subject to ethical rules of rhetorical conduct, it fails completely to acknowledge that we have long emphasized that a representative of the United States Government is held to a higher standard of behavior: “The United States Attorney is the representati... |
146537 | violence, York next argues that there is not legally sufficient evidence that he used or carried a destructive device. 18 U.S.C. § 924(c)(1)(B). The statute defines “destructive device” as: “any explosive, incendiary, or poison gas-(i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces... | [
{
"docid": "15029456",
"title": "",
"text": "(8th Cir. 1970), holding that dynamite may be a destructive device if intended to be used as a bomb. We disagree with defendant’s contention that the explosive device used by him was beyond the reach of the statute. We could accept his conclusion only if we f... | [
{
"docid": "6797721",
"title": "",
"text": "or incendiary charge of more than one-quarter ounce, (E) mine, or (F) similar device[.] 26 U.S.C. § 5845(f). The statute further provides that the term “destructive device” does not include devices that are not designed or redesigned for use as weapons. 26 U.S... |
134266 | have inured to the benefit of the estate. It is, quite simply, a case in which the appointment of a receiver has subsequently been held to have been erroneous; and in which the costs giving rise to the present controversy are the necessary and direct result of the appointment. None of the principals dispute this. The f... | [
{
"docid": "15554417",
"title": "",
"text": "L. Ed. 629; Pusey & Jones v. Hanssen, 261 U. S. 500, 43 S. Ct. 454, 67 L. Ed. 763; Burnrite Coal Co. v. Riggs, 274 U. S. 208, 47 S. Ct. 578, 71 L. Ed. 1002. They say this is a ease where neither the appointment of the receiver nor the jurisdiction of the cour... | [
{
"docid": "13234063",
"title": "",
"text": "is such as other similar businesses have been experiencing and is not attributable to mismanagement. It is charged that the officers of the company have been diverting the funds of the company and having them transmitted from its office in Omaha to certain in... |
150735 | L. HAND, Circuit Judge (after stating the facts as above). We are content to follow the ruling in REDACTED C. A. 6), that a catalogue distributed generally to a trade is a publication within Revised Statutes § 4886, 35 USCA § 31. It may indeed be that such a document was not a “public work” under the act of 1836 (5 St... | [
{
"docid": "6727096",
"title": "",
"text": "before 1911. These catalogues showed a great variety of designs tending to support the defense, and, if they do not anticipate, they at least emphasize the trifling character of the distinction upon which the patent must stand. The trial court rejected these, ... | [
{
"docid": "16054891",
"title": "",
"text": "unfair competition, within the meaning of the statute here invoked. Proctor & Gamble Co. v. Fed. Trade Commission (C. C. A.) 11 F. (2d) 47; Guarantee Veterinary Co. v. Fed. Trade Commission (C. C. A.) 285 F. 853; Royal Baking Powder Co. v. Fed. Trade Commissi... |
600275 | "1336, 1358-59 (Fed. Cir. 2016) (largely adopting Pierce rule). Several other circuits, however, have disagreed with this approach. See McKeage v. TMBC, LLC , 847 F.3d 992, 1003 (8th Cir. 2017) (""[T]he presence of a fee-shifting statute precludes a common fund award only when that result is required by the statutory s... | [
{
"docid": "22818532",
"title": "",
"text": "free speech and assembly, which were not waived. In resolving this ambiguity, the judge concluded that “[n]o release executed pursuant to the settlement agreement waive[d] the right of any member of the class to seek any action by the PSC.” 710 F.Supp. at 144... | [
{
"docid": "20940557",
"title": "",
"text": "the range of choices appropriate to the issue at hand; at the same time, a decision outside those limits exceeds or, as it is infelicitously said, ‘abuses’ allowable discretion.” (citations omitted)). IV. The Common Fund Doctrine We now turn to the Claims Cou... |
643728 | of the possessor, it is more difficult to camouflage the fulsome scent of forbidden knowledge. Here, there is a veritable sty full of facts and inferences from which to detect the fragrance of scienter. The record indicates that “Lolita Color Special 18” was not received on April Fool’s Day, and we are not so naive as ... | [
{
"docid": "14665923",
"title": "",
"text": "Hurt argues that the warrant failed to make any distinction between material which would be evidence in a prosecution under statutory provisions and that which would not. Appellant’s Opening Brief, page 22. This argument is readily refuted by consulting the l... | [
{
"docid": "18597748",
"title": "",
"text": "GOLDBERG, Circuit Judge: Appellant Edward John Marchant was convicted in a bench trial of knowingly receiving child pornography in violation of 18 U.S.C. § 2252. Marchant appeals his conviction, alleging insufficient evidence to support the scienter element o... |
623637 | of 1934, 15 U.S.C. § 78n(d) (1982), commonly known as the “best-price” provision, by not paying them the consideration offered in the second offer. DISCUSSION The “proper considerations in ruling on a motion to dismiss pursuant to Rule 12(b)(6),” Goldman v. Belden, 754 F.2d 1059, 1065-66 (2d Cir.1985), are as follows: ... | [
{
"docid": "22948916",
"title": "",
"text": "technically the motion should have been styled as a Rule 12(c) motion for judgment on the pleadings, because the notice of motion was filed after Ayerst had filed its answer to the complaint. See Fed.R. Civ.P. 12(b); Falls Riverway Realty v. Niagara Falls, 75... | [
{
"docid": "443851",
"title": "",
"text": "used letterhead and business cards with GM trademarks and logotypes. Complaint at 5. 11) Chem-Tek had access to GM’s computer system to aid in offering, selling or distributing GM Goodwrench and AC Del-eo products. Complaint at 7. 12) GM set prices for GM Goodw... |
465242 | MEMORANDUM California state prisoner James Edward Bowell appeals pro se from the district court’s judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging excessive force by a prison official. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. REDACTED We aff... | [
{
"docid": "22795808",
"title": "",
"text": "1082 (11th Cir.2008); Foulk v. Charrier, 262 F.3d 687, 697 (8th Cir. 2001). We have considered in several PLRA cases whether an administrative remedy was “available.” In Nunez v. Duncan, 591 F.3d 1217 (9th Cir.2010), we held that where a prison warden incorre... | [
{
"docid": "5366472",
"title": "",
"text": "court reviews § 1915A dismissals under the Federal Rule of Civil Procedure 12(b)(6) standard for stating a claim for relief. Santiago v. Walls, 599 F.3d 749, 755-56 (7th Cir.2010). Dismissal orders are reviewed de novo, “taking all well-pleaded allegations of ... |
483658 | primary documents related to the consummation of the transaction were the Resolution, the Contract and the TRANS. . The Senate Report on the Bankruptcy Reform Act of 1978 provides: A Security Interest ... is a lien created by an agreement. Security Agreement is defined as the agreement creating the security interest. T... | [
{
"docid": "16492929",
"title": "",
"text": "power to levy assessments as an equitable servitude and therefore as compensable property in a condemnation proceeding. See State v. Human Relations Research Foundation, 64 Wash.2d 262, 391 P.2d 513, 516 (1964); see also United States v. 129.4 Acres of Land, ... | [
{
"docid": "4773201",
"title": "",
"text": "in a letter dated January 26, 1989, to debtor and the property manager. No rents were paid over to UNUM however, so on January 30, 1989, UNUM complained in Pima County Superi- or Court for the appointment of a receiver without notice to debtor. Instead, a hear... |
873869 | Coxe, J. Nothing is before the court but the bill and plea, and all the allegations of the latter are admitted. The rule in this regard is well settled. By replying to a plea the complainant denies its but admits its sufficiency; by setting it down for argument he admits its truth, but denies its sufficiency. In this c... | [
{
"docid": "22572727",
"title": "",
"text": "of pleading, whenever it has been found necessary to. do so for the purposes of justice. And in a case like the present, the most liberal principles of practice, and pleading ought unquestionably to be adopted, in order to enable both parties to present their... | [
{
"docid": "7637573",
"title": "",
"text": "convinced that the testimony is not of that clear and convincing character required to overthrow the presumption of validity arising from the patent itself. The burden is upon the defendants to satisfy the court beyond a reasonable doubt that the defense of pr... |
485003 | to specific counts of the Debtor's complaint. Thus, the result of the Court’s order will be that Debtor’s counsel’s fees will be paid in full regardless of whether they arose pre- or postpetition or whether they were incurred in conjunction with the Chapter 13 case or this adversary proceeding. . The court cited the fo... | [
{
"docid": "19358303",
"title": "",
"text": "debtor with complete relief. Section 362(a) is drafted as a series of paragraphs which are to some extent repetitive but are, in fact, carefully drafted to be as inclusive as possible. Changes in status of the debtor or his assets may result in a cessation of... | [
{
"docid": "19121389",
"title": "",
"text": "of action arose out of the same transactions and occurrences, the Court does not intend to require Debtor’s counsel to attempt to allocate his time to specific counts of the Debtor's complaint. Thus, the result of the Court’s order will be that Debtor’s couns... |
488413 | is entitled to a judgment as a matter of law.” Fed. R. Civ. Pro. 56(c). The moving party has the initial burden of demonstrating that no genuine issue of material fact exists. Once the moving party has satisfied this requirement, the non-moving party must present evidence that there is a genuine issue of material fact.... | [
{
"docid": "22212061",
"title": "",
"text": "109 S.Ct. 2449, 104 L.Ed.2d 1004 (1989). The moving party has the initial burden of demonstrating that no genuine issue of material fact exists. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). Once the moving part... | [
{
"docid": "12615304",
"title": "",
"text": "evaluations. He argues that his evaluations were in fact mixed, that is, he received what he describes as mostly satisfactory to exceptional evaluations, although admittedly some were less than average. Appellant also argues that there was statistical and ane... |
679590 | are given the opportunity for a de novo review before the District Court. While this procedure necessarily entails the hearing of cases and controversies by a non-Article III Judge, a practice declared unconstitutional in Northern Pipeline Const. Co. v. Marathon Pipeline Co. 458 U.S. 50, 102 S.Ct. 2858, 73 L.Ed.2d 598 ... | [
{
"docid": "7695237",
"title": "",
"text": "an independent judiciary. Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50, 60, 102 S.Ct. 2858, 2866, 73 L.Ed.2d 598 (1982). In Marathon, the Supreme Court held that Congress’ broad grant of jurisdiction to the bankruptcy courts under ... | [
{
"docid": "1461001",
"title": "",
"text": "other factors pertinent in the “related to” jurisdictional inquiry— when the claim arose, certain relevant provisions in the Confirmed Plan, how far the reorganization has proceeded, what parties are involved, whether state law or bankruptcy law applies, and t... |
145285 | authority to support their argument. Upon reviewing the relevant case law, however, it is clear to the Court that the claim, as alleged, is not preempted by HOLA. Section 560.2(c) states that state laws are not preempted if “they only incidentally affect the lending operations of Federal savings associations or are oth... | [
{
"docid": "8261805",
"title": "",
"text": "for federal savings associations. OTS intends to give federal savings associations maximum flexibility to exercise their lending powers in accordance with a uniform federal scheme of regulation. Accordingly, federal savings associations may extend credit as au... | [
{
"docid": "5200218",
"title": "",
"text": "Motion to Dismiss is GRANTED as to the breach of contract claim. 3. PLAINTIFF’S THIRD CLAIM FOR RELIEF, FOR FRAUDULENT OMISSIONS Plaintiffs third claim, for fraudulent omissions, is brought against HSA. HSA moves to dismiss the fraudulent omissions claim on th... |
876603 | The sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner. Given the clearly stated position of the state district court when it denied petitioner’s second petition, there is no reason to believe that the court would exercise its discretion a... | [
{
"docid": "19651544",
"title": "",
"text": "under the facts of that case, where a state prisoner has defaulted his entire appeal. See Carrier, supra, at 492; Sykes, supra, at 88, n. 12. We are now required to answer this question. By filing late, Coleman defaulted his entire state collateral appeal. Th... | [
{
"docid": "22246539",
"title": "",
"text": "to its earlier ruling rejecting the claim. We review the district court’s treatment of Mincey’s Brady claim in two parts. First, we consider whether the court erred in dismissing the claim as procedurally defaulted when it entered its final judgment denying M... |
87925 | the passenger’s side of the front seat, which was also closed. Although a citizen of Illinois, Barron brought suit against Ford Motor Company of Canada, the manufacturer of the car, in a Florida state court. The parties being of diverse citizenship and Ford not a citizen of Florida, Ford was able to remove the case to ... | [
{
"docid": "22104233",
"title": "",
"text": "Justice Kennedy delivered the opinion of the Court. Section 1404(a) of Title 28 states: “For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might ... | [
{
"docid": "11538718",
"title": "",
"text": "(1980); Holley v. Burroughs Wellcome Co., 74 N.C.App. 736, 330 S.E.2d 228 (1985); Byrd Motor Lines v. Dunlop Tire & Rubber, 63 N.C.App. 292, 304 S.E.2d 773, 778 (1983). Accordingly, summary judgment is granted as to the claim sounding in strict liability. The... |
185600 | marks and citation omitted) (describing Saucier). “As laid out by the Supreme Court, the two pertinent questions in determining whether qualified immunity applies are (1) ‘whether a constitutional right would have been violated on the facts alleged,’ and (2) ‘whether the right was clearly established’ at the time of th... | [
{
"docid": "19163964",
"title": "",
"text": "we must adhere to the law of our circuit unless that law conflicts with a decision of the Supreme Court. See LaShawn A. v. Barry, 87 F.3d 1389, 1395 (D.C.Cir.1996) (en banc). There is another reason why we should not decide whether Boumediene portends applica... | [
{
"docid": "20691372",
"title": "",
"text": "223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). Qualified immunity considers the state of the law not with 20-20 hindsight, but at the time of the challenged conduct. Se... |
776338 | that Demsey and Interstate are entitled to recover from World Bulk and Sea Star (in rem) for all damage to the coils, with the exception of the rust. Interstate, however, also claims that it is entitled to recover for rust damage. We affirm the District Court’s finding that the normal atmospheric rust found on all the ... | [
{
"docid": "7375451",
"title": "",
"text": "for rust damage in the bill of lading, a statutory exemption from liability for damage arising from an inherent vice of the goods and from insufficiency of packing, failure to give notice of claim as required by law, absence of exceptions on the tally sheets u... | [
{
"docid": "22117343",
"title": "",
"text": "In addition, sixty-four of the Interstate coils were found to be excessively rusted and pitted. The coils were discharged by Pittston Stevedoring Corp., which used bare wire slings without spreader bars or other protective devices. As many as three coils were... |
742617 | prima facie case, the burden shifts to defendant to articulate a facially nondiscriminatory reason for its actions. See Reynolds v. Sch. Dist. No. 1, Denver, Colo., 69 F.3d 1523, 1533 (10th Cir.1995). If defendant articulates a legitimate nondiscriminatory reason, the burden shifts back to plaintiff to present evidence... | [
{
"docid": "5906864",
"title": "",
"text": "conduct itself sufficiently negative and pervasive to create an adverse employment action. We agree with the district court that “such treatment without more did not materially affect the terms and conditions of [Mr. Amro’s] employment. It was not severe or pe... | [
{
"docid": "1033265",
"title": "",
"text": "satisfactory work; (3) he was discharged despite the adequacy of his work; and (4) there is some evidence the employer intended to discriminate against him in reaching its RIF decision. Beaird, 145 F.3d at 1165; see also Rea v. Martin Marietta Corp., 29 F.3d 1... |
834805 | the Third Circuit has explained, “[t]he continuing violations doctrine has been most frequently applied in employment discrimination claims.” Cowell v. Palmer Twp., 263 F.3d 286, 292 (3d Cir. 2001). “However, this has not precluded the application of the doctrine to other contexts.” Id. The U.S. Supreme Court and Third... | [
{
"docid": "14445884",
"title": "",
"text": "began in 1989, long before the limitations period, it presented evidence from which a rational jury could conclude that the unlawful agreements continued in effect through the time of trial in 2002. Toledo seeks damages only for acts committed in furtherance ... | [
{
"docid": "3607047",
"title": "",
"text": "this title shall be forever barred unless commenced within four years after the cause of action accrued. 15 U.S.C. § 15b. The primary question in this appeal is when the appellants’ cause of action “accrued.” We assume for purposes of this issue, as the distri... |
48295 | back wages. Shortly thereafter, the Debtor filed for individual chapter 7 bankruptcy relief. The Plaintiff instituted this adversary proceeding against the Debtor requesting a determination that the Debtor’s use of the proceeds from the blow out sale gave rise to a debt for willful and malicious injury that is excepted... | [
{
"docid": "21551180",
"title": "",
"text": "the preclusion ruling was based, i.e., that Conte acted: (1) with knowledge that the Gautams faced a high probability of harm, and (2) with reckless indifference to the consequences, does not constitute a finding of “willful and malicious injury” within the m... | [
{
"docid": "4304447",
"title": "",
"text": "HISTORY The Debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code on December 22, 2011, and the case was converted to chapter 11 on March 28, 2012. The Debtor seeks to discharge his personal liability on the Judgment in this bankruptcy. In t... |
673004 | including its client list, or Brenner’s alleged manuscript. VIII. Trade Dress Infringement Plaintiffs allege that “Defendants have willfully copied and employed the distinctive ‘look and feel’ of Pure Power in their own facility and are in violation of Section 43(a) of the Lanham Trademark Act.” (Second Am. Compl. ¶ 96... | [
{
"docid": "22134632",
"title": "",
"text": "read literally, is not restrictive.” Qualitex Co. v. Jacobson Products Co., 514 U. S. 159, 162 (1995). This reading of §2 and § 43(a) is buttressed by a recently added subsection of § 43(a), § 43(a)(3), which refers specifically to “civil action[s] for trade ... | [
{
"docid": "6072094",
"title": "",
"text": "Products mark into the balance of factors, we conclude that a reasonable jury could return a verdict for Marianna. Although the dissimilarities between the marks favor Beautyco, that factor alone is not dispositive. “It is certainly not necessary to use an exa... |
672390 | United States v. Watson, 404 F.3d 163, 166 (2d Cir.2005). Yarbrough’s suppression motion was rightly denied because, as the district court held on reconsideration, the roadblock established by police officers was reasonable. United States v. Yarbrough, No. 04 Cr. 476, at *12 (N.D.N.Y. Feb. 24, 2005) (unpublished decisi... | [
{
"docid": "15015089",
"title": "",
"text": "of the qualffied immunity defense as to the four appellants is before us. We review a district court's denial of summary judgment de novo. Aslanidis v. United States Lines, Inc., 7 F.3d 1067, 1072 (2d Cir.1993). The district court denied qualified immunity in... | [
{
"docid": "23047979",
"title": "",
"text": "taking of an appeal alters the situation, for we have also held that reconsideration of a suppression order is permissible even at trial “if the record reveals matters which indicate that the evidence was lawfully obtained.” United States v. Rabb, 752 F.2d 13... |
796540 | We noted further that like the determination at issue in Buford, the question of whether particular conduct constitutes obstruction of justice is a matter within the special competence of district court judges and the conclusion reached on the matter has little precedential value because of the case-specific and fact-b... | [
{
"docid": "16198470",
"title": "",
"text": "could properly rely on the facts found in the revised PSR to evaluate the propriety of the enhancement. See United States v. Wiant, 314 F.3d 826, 832 (6th Cir.) (holding that the district court did not err in making a finding on the basis of the PSR, without ... | [
{
"docid": "22978996",
"title": "",
"text": "L.Ed.2d 809 (2008), with United States v. Ennenga, 263 F.3d 499, 502 (6th Cir.2001) (due deference). In United States v. Hardin, 248 F.3d 489 (6th Cir.), cert. denied, 534 U.S. 920, 122 S.Ct. 271, 151 L.Ed.2d 199 (2001), we set forth the circuit’s general rul... |
171004 | presumed valid even though dependent upon an invalid claim. The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity (emphasis added). If that burden is not successfully carried by the party asserting invalidity, the trial court need only so state. It need... | [
{
"docid": "22407197",
"title": "",
"text": "Rajchman does not teach a memory for displaying data in data frames pertaining to a desired pattern. R.D. finding of fact 61. The presumption of validity of claim 12 is thus weakened by the failure of the examiner to consider the most relevant pri- or art — t... | [
{
"docid": "22975647",
"title": "",
"text": "the claim scope does not disturb that determination. Validity of the ’532, ’345, ’726, and ’911 patents VSI challenges the validity of all four Magnivision patents under 35 U.S.C. § 103. Specifically, VSI asserts that these patents are obvious in light of U.S... |
89952 | amount of these monthly rental payments and the Debtor’s collection of these obligations. Fourth, this Court is not enamored with the Debtor playing a “shell game” with his exemptions. As already noted, the Debtor’s initial Schedule C attempted to exempt not only the Homestead, but also the three rental properties unde... | [
{
"docid": "22725449",
"title": "",
"text": "not specify the time for objecting to a claimed exemption, Federal Rule of Bankruptcy Procedure 4003(b) provides in part: “The trustee or any creditor may file objections to the list of property claimed as exempt within 30 days after the conclusion of the mee... | [
{
"docid": "5176033",
"title": "",
"text": "that Huizar’s complaint was frivolous and filed primarily to harass the Bank and further urged consideration of its Motion for Relief from Stay and objection to Debtor’s exemptions. Previously, the Bank had waived its right to a hearing within the 30 days as r... |
873345 | that the summonses be enforced. Petitioner has the initial burden to present specific facts from which the Court could infer a possibility of wrongful conduct by the government. See, Godwin v. United States, 564 F.Supp. 1209, 1215 (D.Del.1983), where the Court noted: It is well settled that a party opposing an IRS summ... | [
{
"docid": "18402669",
"title": "",
"text": "ORDER NORGLE, District Judge. Plaintiff has filed this petition seeking to quash four summons issued by the Internal Revenue Service (IRS). Defendants move to dismiss the petition for lack of jurisdiction and for failure to state a claim upon which relief may... | [
{
"docid": "18379255",
"title": "",
"text": "language of § 7602 promotes the goal of § 7601. The summons power extends to “making a return where none is made” and to “determining the liability of any person for any internal revenue tax.” This latter phrase clearly empowers the Secretary to issue summons... |
355739 | the time vision was obscured by smoke and fumes created in part by his landbased lack of care. We conclude that § 1333(a)(2) of the Lands Act, when read against the background of legislative history outlined in Rodrigue and the increasing judicial and legislative dissatisfaction with strict locality as the sole test of... | [
{
"docid": "22686906",
"title": "",
"text": "or upon a determination that the controlling legal principles would in any event be no different under maritime law. 245 F. 2d 175. Certiorari was granted to examine both of these issues. 355 U. S. 902. The District Court was in error in ruling that the gover... | [
{
"docid": "8619306",
"title": "",
"text": "550 (1959). Moreover, Dearborn’s situation is different from that of the platform defendants whose breaches of duty were platform-related, while Dearborn’s concurring breaches were admiralty-related. As between platform defendants and Monk, the only nexus with... |
310343 | appeals his sentence. Roberts advances two arguments on appeal, both based on the Supreme Court’s decision in Alleyne v. United States, 570 U.S. -, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013). First, he argues that Alleyne and the Sixth Amendment require that a jury, rather than a judge, must find the fact of his prior conv... | [
{
"docid": "14878315",
"title": "",
"text": "PER CURIAM. Michael Byron Abrahamson was convicted of conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 846 and 841(a)(1). At sentencing, the district court found that Abrahamson had a prior felony drug conviction and applied a statutory ... | [
{
"docid": "23684561",
"title": "",
"text": "be found by the jury.” Id. at 2162. As this discussion indicates, Al-leyne did not address the specific question at issue in this case, which is whether a sentence can be increased because of prior convictions without a jury finding the fact of those convicti... |
156529 | 1997, and plaintiff commenced suit in this court on March 9, 1998; thus, a total of 88 days passed from the submission of the claim to the contracting officer and commencement of suit in the United States Court of Federal Claims. The government contends in the instant case, however, that the plaintiffs claim could not ... | [
{
"docid": "19963172",
"title": "",
"text": "and realleges the allegations of Paragraphs 1 through 106 and 124 through 130 as if set forth herein. Contract Modification P00011 must be rescinded and the MCM-1 contract restored to a normal CPIF contract without an artificial cost cap because the modificat... | [
{
"docid": "21356091",
"title": "",
"text": "Here, Sipco maintains that the contracting officer faded to issue a final decision on the July claim; thus, the claim is deemed denied pursuant to § 605(c)(5), and the jurisdictional requirements of the CDA are satisfied. The court disagrees. Regarding claims... |
447560 | relief “where the party could have originally sued for the relief its seeks, but failed to do so.” (Def.’s Reply at 12.) According to Defendant, Plaintiff would have had adequate relief under § 1581(a) had it timely filed a summons after the partial denial of its 2001 protest. (Def.’s Reply at 12.) Defendant, therefore... | [
{
"docid": "9465541",
"title": "",
"text": "to Cedars for purposes of reviewing a Rule 12(b)(1) dismissal, and because it submitted documentation with its complaint supporting its allegations that it is suffering immediate and substantial hardship abroad. We cannot accept either of Cedars’ positions. Th... | [
{
"docid": "16852803",
"title": "",
"text": "to advocate.” 52 Fed.Cl. 365, 369 (2002). B. Motion to Dismiss — RCFC 12(b)(1) Subject matter jurisdiction, which is “an inflexible matter that must be considered before proceeding to evaluate the merits of a case,” Matthews, 72 Fed.Cl. at 278, may be challen... |
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