context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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|---|---|---|---|---|
When the Bank refused Bradshaw's request to pay the taxes, Bradshaw could have resigned his position with HBP or refused to sign any checks and shut down the business. | {
"signal": "see",
"identifier": "900 F.2d 549, 549",
"parenthetical": "even though controller of corporation might have been fired for paying withholding taxes, \"these adverse consequences simply are no excuse for failing to collect and pay\" them",
"sentence": "See Howard, 711 F.2d at 734 (the fact that a co... | {
"signal": "cf.",
"identifier": "977 F.2d 945, 945",
"parenthetical": "declining to hold that lack of check-signing authority is dispositive of lack of responsibility, noting that to so hold would \"open the door to a host of evasive tactics[,] [o]fficers with otherwise unfettered authority simply would deprive ... | 11,647,769 | a |
An accused's right to a prompt inquiry into criminal charges is fundamental, and the charging authority has a duty under the Sixth Amendment to provide a prompt trial. However, the right to speedy trial does not attach where an arrest warrant has been issued but no other action taken. | {
"signal": "but see",
"identifier": "144 Vt. 436, 442",
"parenthetical": "time for computing speedy trial violation begins to run at date of citation",
"sentence": "But see State v. Snide, 144 Vt. 436, 442, 479 A.2d 139, 143 (1984) (time for computing speedy trial violation begins to run at date of citation) (... | {
"signal": "see",
"identifier": "431 U.S. 783, 788-89",
"parenthetical": "cannot dismiss indictment for undue delay where defendant was not yet arrested",
"sentence": "See United States v. Lovasco, 431 U.S. 783, 788-89, reh’g denied, 434 U.S. 881 (1977) (cannot dismiss indictment for undue delay where defendan... | 4,782,032 | b |
An accused's right to a prompt inquiry into criminal charges is fundamental, and the charging authority has a duty under the Sixth Amendment to provide a prompt trial. However, the right to speedy trial does not attach where an arrest warrant has been issued but no other action taken. | {
"signal": "see",
"identifier": "431 U.S. 783, 788-89",
"parenthetical": "cannot dismiss indictment for undue delay where defendant was not yet arrested",
"sentence": "See United States v. Lovasco, 431 U.S. 783, 788-89, reh’g denied, 434 U.S. 881 (1977) (cannot dismiss indictment for undue delay where defendan... | {
"signal": "but see",
"identifier": "479 A.2d 139, 143",
"parenthetical": "time for computing speedy trial violation begins to run at date of citation",
"sentence": "But see State v. Snide, 144 Vt. 436, 442, 479 A.2d 139, 143 (1984) (time for computing speedy trial violation begins to run at date of citation) ... | 4,782,032 | a |
An accused's right to a prompt inquiry into criminal charges is fundamental, and the charging authority has a duty under the Sixth Amendment to provide a prompt trial. However, the right to speedy trial does not attach where an arrest warrant has been issued but no other action taken. | {
"signal": "see",
"identifier": null,
"parenthetical": "cannot dismiss indictment for undue delay where defendant was not yet arrested",
"sentence": "See United States v. Lovasco, 431 U.S. 783, 788-89, reh’g denied, 434 U.S. 881 (1977) (cannot dismiss indictment for undue delay where defendant was not yet arre... | {
"signal": "but see",
"identifier": "144 Vt. 436, 442",
"parenthetical": "time for computing speedy trial violation begins to run at date of citation",
"sentence": "But see State v. Snide, 144 Vt. 436, 442, 479 A.2d 139, 143 (1984) (time for computing speedy trial violation begins to run at date of citation) (... | 4,782,032 | a |
An accused's right to a prompt inquiry into criminal charges is fundamental, and the charging authority has a duty under the Sixth Amendment to provide a prompt trial. However, the right to speedy trial does not attach where an arrest warrant has been issued but no other action taken. | {
"signal": "see",
"identifier": null,
"parenthetical": "cannot dismiss indictment for undue delay where defendant was not yet arrested",
"sentence": "See United States v. Lovasco, 431 U.S. 783, 788-89, reh’g denied, 434 U.S. 881 (1977) (cannot dismiss indictment for undue delay where defendant was not yet arre... | {
"signal": "but see",
"identifier": "479 A.2d 139, 143",
"parenthetical": "time for computing speedy trial violation begins to run at date of citation",
"sentence": "But see State v. Snide, 144 Vt. 436, 442, 479 A.2d 139, 143 (1984) (time for computing speedy trial violation begins to run at date of citation) ... | 4,782,032 | a |
It cannot be disputed that Count One's language sets out the generic elements of burglary. Indeed, we have considered several cases in which defendants pleaded guilty or nolo contendere to charging papers materially indistinguishable from those used to charge Velasco-Medina, and in each case we held that their convicti... | {
"signal": "see also",
"identifier": "235 F.3d 1170, 1170",
"parenthetical": "noting that document charging that Franklin \"did willfully and unlawfully enter ... with the intent to commit larceny\" satisfied Taylor",
"sentence": "See also Franklin, 235 F.3d at 1170 (noting that document charging that Franklin... | {
"signal": "cf.",
"identifier": "5 F.3d 1322, 1325",
"parenthetical": "holding that Information charging burglary did not satisfy Taylor because of failure to allege \"unlawful or unprivileged\" entry",
"sentence": "Cf. United States v. Parker, 5 F.3d 1322, 1325 (9th Cir.1993) (holding that Information chargin... | 11,391,422 | a |
Ms. Nichols's extensive history as a marijuana smoker, including a number of prior experiences smoking marijuana with Ms. Durham, coupled with her consumption of the residue in question, rendered her testimony comparable to testimony which has been found to support a drug identification in other cases. | {
"signal": "see also",
"identifier": "753 F.2d 612, 615",
"parenthetical": "finding evidence sufficient to support drug identification based, in particular, on the identification of the substance as marijuana by two witnesses -- each with five to ten years experience smoking marijuana -- who had observed that th... | {
"signal": "see",
"identifier": "734 F.2d 1447, 1456",
"parenthetical": "\"The uncorroborated testimony of a person who observed a defendant in possession of a controlled substance is sufficient if the person is familiar with the substance at issue.\"",
"sentence": "See, e.g., United States v. Zielie, 734 F.2d... | 3,729,128 | b |
Ms. Nichols's extensive history as a marijuana smoker, including a number of prior experiences smoking marijuana with Ms. Durham, coupled with her consumption of the residue in question, rendered her testimony comparable to testimony which has been found to support a drug identification in other cases. | {
"signal": "see also",
"identifier": "753 F.2d 612, 615",
"parenthetical": "finding evidence sufficient to support drug identification based, in particular, on the identification of the substance as marijuana by two witnesses -- each with five to ten years experience smoking marijuana -- who had observed that th... | {
"signal": "see",
"identifier": "849 F.2d 528, 531",
"parenthetical": "\"The uncorroborated testimony of a person who observed a defendant in possession of a controlled substance is sufficient if the person is familiar with the substance at issue.\"",
"sentence": "See, e.g., United States v. Zielie, 734 F.2d 1... | 3,729,128 | b |
Mote stands for the proposition the campus as a whole, including classrooms, facilities, and buildings, must be open to the entire public for the outdoor areas to constitute a traditional public forum, even when the public has unfettered access to such outdoor areas. I emphatically disagree with Mote for the reasons de... | {
"signal": "see",
"identifier": "484 U.S. 260, 267",
"parenthetical": "\"[High] school facilities may be deemed to be public forums only if school authorities have 'by policy or by practice' opened those facilities for indiscriminate use by the general public.\"",
"sentence": "See Hazelwood Sch. Dist. v. Kuhlm... | {
"signal": "see also",
"identifier": "410 F.3d 766, 766",
"parenthetical": "noting a public university campus may contain a variety of fora",
"sentence": "See Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 267, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988) (“[High] school facilities may be deemed to be public forums ... | 5,323,458 | a |
Mote stands for the proposition the campus as a whole, including classrooms, facilities, and buildings, must be open to the entire public for the outdoor areas to constitute a traditional public forum, even when the public has unfettered access to such outdoor areas. I emphatically disagree with Mote for the reasons de... | {
"signal": "see also",
"identifier": "410 F.3d 766, 766",
"parenthetical": "noting a public university campus may contain a variety of fora",
"sentence": "See Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 267, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988) (“[High] school facilities may be deemed to be public forums ... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[High] school facilities may be deemed to be public forums only if school authorities have 'by policy or by practice' opened those facilities for indiscriminate use by the general public.\"",
"sentence": "See Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. ... | 5,323,458 | b |
Mote stands for the proposition the campus as a whole, including classrooms, facilities, and buildings, must be open to the entire public for the outdoor areas to constitute a traditional public forum, even when the public has unfettered access to such outdoor areas. I emphatically disagree with Mote for the reasons de... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[High] school facilities may be deemed to be public forums only if school authorities have 'by policy or by practice' opened those facilities for indiscriminate use by the general public.\"",
"sentence": "See Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. ... | {
"signal": "see also",
"identifier": "410 F.3d 766, 766",
"parenthetical": "noting a public university campus may contain a variety of fora",
"sentence": "See Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 267, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988) (“[High] school facilities may be deemed to be public forums ... | 5,323,458 | a |
For this reason, the party moving for class certification bears the burden of establishing, by a preponderance of the evidence, the requirements set forth in RCFC 23. | {
"signal": "see also",
"identifier": "417 U.S. 156, 177-78",
"parenthetical": "in determining whether the requirements of class certification are met, the trial court must not inquire: \"whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, but rather whether the requir... | {
"signal": "no signal",
"identifier": "70 Fed.Cl. 609, 615",
"parenthetical": "\"The party moving for class certification bears the burden of satisfying the requirements set forth in RCFC 23 by a preponderance of the evidence.\"",
"sentence": "Filosa v. United States, 70 Fed.Cl. 609, 615 (2006) (“The party mov... | 4,283,404 | b |
For this reason, the party moving for class certification bears the burden of establishing, by a preponderance of the evidence, the requirements set forth in RCFC 23. | {
"signal": "no signal",
"identifier": "70 Fed.Cl. 609, 615",
"parenthetical": "\"The party moving for class certification bears the burden of satisfying the requirements set forth in RCFC 23 by a preponderance of the evidence.\"",
"sentence": "Filosa v. United States, 70 Fed.Cl. 609, 615 (2006) (“The party mov... | {
"signal": "see also",
"identifier": null,
"parenthetical": "in determining whether the requirements of class certification are met, the trial court must not inquire: \"whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, but rather whether the requirements of the clas... | 4,283,404 | a |
For this reason, the party moving for class certification bears the burden of establishing, by a preponderance of the evidence, the requirements set forth in RCFC 23. | {
"signal": "see also",
"identifier": null,
"parenthetical": "in determining whether the requirements of class certification are met, the trial court must not inquire: \"whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, but rather whether the requirements of the clas... | {
"signal": "no signal",
"identifier": "70 Fed.Cl. 609, 615",
"parenthetical": "\"The party moving for class certification bears the burden of satisfying the requirements set forth in RCFC 23 by a preponderance of the evidence.\"",
"sentence": "Filosa v. United States, 70 Fed.Cl. 609, 615 (2006) (“The party mov... | 4,283,404 | b |
Here, it appears that the parties may have two different and competing interpretations of the relevant portions of the Agreement. Regardless, the Court need not consider this issue at this time, because the Court finds that ASI has failed to clearly demonstrate irreparable injury, and this alone precludes the issuance ... | {
"signal": "see",
"identifier": "765 F.3d 219, 219",
"parenthetical": "\"Absent a showing of irreparable harm, a plaintiff is not entitled to injunctive relief, even if the other three elements are found.\"",
"sentence": "See Ferring Pharm., Inc., 765 F.3d at 219 (“Absent a showing of irreparable harm, a plain... | {
"signal": "see also",
"identifier": "903 F.2d 186, 197-98",
"parenthetical": "placing particular emphasis on \"likelihood of success on the merits\" and \"irreparable harm\" as necessary \"prerequisites\" to obtaining a preliminary injunction",
"sentence": "See Ferring Pharm., Inc., 765 F.3d at 219 (“Absent a... | 12,268,373 | a |
We will reverse the district court because of an erroneous jury instruction only if we are left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations. Pursuant to the law of this Circuit, exclusive control over the object is not required in order to establish construc... | {
"signal": "see",
"identifier": "705 F.2d 432, 433",
"parenthetical": "holding that constructive possession need not be exclusive but may be shared by others",
"sentence": "See United States v. Knight, 705 F.2d 432, 433 (11th Cir.1983) (holding that constructive possession need not be exclusive but may be shar... | {
"signal": "see also",
"identifier": "138 F.3d 906, 909",
"parenthetical": "constructive possession defined as defendant's ownership, dominion, or control over an object itself or dominion or control over the premises or the vehicle in which the object is concealed",
"sentence": "See United States v. Knight, 7... | 1,112,850 | a |
The Motion for Judgment makes it clear that the allegations of slander, for which the Plaintiff wishes to hold the Defendant liable, are, in all instances, based upon statements made by agents of the Defendant. For the corporate defendant in the instant case to be liable, those statements must have been made by the age... | {
"signal": "cf.",
"identifier": "150 Va. 101, 107",
"parenthetical": "\"[A] corporation, as any other master, is liable in damages under the statute for insulting words uttered by its agent while engaged in the ordinary course of his employment... .\"",
"sentence": "See Thalhimer Bros. v. Shaw, 156 Va. 863, 87... | {
"signal": "see",
"identifier": "156 Va. 863, 875-76",
"parenthetical": "court noted, in libel case, that master liable for negligent acts of servants while acting within the scope of their employment",
"sentence": "See Thalhimer Bros. v. Shaw, 156 Va. 863, 875-76, 159 S.E. 87, 92 (1931) (court noted, in libel... | 3,934,773 | b |
The Motion for Judgment makes it clear that the allegations of slander, for which the Plaintiff wishes to hold the Defendant liable, are, in all instances, based upon statements made by agents of the Defendant. For the corporate defendant in the instant case to be liable, those statements must have been made by the age... | {
"signal": "see",
"identifier": "156 Va. 863, 875-76",
"parenthetical": "court noted, in libel case, that master liable for negligent acts of servants while acting within the scope of their employment",
"sentence": "See Thalhimer Bros. v. Shaw, 156 Va. 863, 875-76, 159 S.E. 87, 92 (1931) (court noted, in libel... | {
"signal": "cf.",
"identifier": "142 S.E. 387, 388",
"parenthetical": "\"[A] corporation, as any other master, is liable in damages under the statute for insulting words uttered by its agent while engaged in the ordinary course of his employment... .\"",
"sentence": "See Thalhimer Bros. v. Shaw, 156 Va. 863, 8... | 3,934,773 | a |
The Motion for Judgment makes it clear that the allegations of slander, for which the Plaintiff wishes to hold the Defendant liable, are, in all instances, based upon statements made by agents of the Defendant. For the corporate defendant in the instant case to be liable, those statements must have been made by the age... | {
"signal": "cf.",
"identifier": "150 Va. 101, 107",
"parenthetical": "\"[A] corporation, as any other master, is liable in damages under the statute for insulting words uttered by its agent while engaged in the ordinary course of his employment... .\"",
"sentence": "See Thalhimer Bros. v. Shaw, 156 Va. 863, 87... | {
"signal": "see",
"identifier": "159 S.E. 87, 92",
"parenthetical": "court noted, in libel case, that master liable for negligent acts of servants while acting within the scope of their employment",
"sentence": "See Thalhimer Bros. v. Shaw, 156 Va. 863, 875-76, 159 S.E. 87, 92 (1931) (court noted, in libel cas... | 3,934,773 | b |
The Motion for Judgment makes it clear that the allegations of slander, for which the Plaintiff wishes to hold the Defendant liable, are, in all instances, based upon statements made by agents of the Defendant. For the corporate defendant in the instant case to be liable, those statements must have been made by the age... | {
"signal": "see",
"identifier": "159 S.E. 87, 92",
"parenthetical": "court noted, in libel case, that master liable for negligent acts of servants while acting within the scope of their employment",
"sentence": "See Thalhimer Bros. v. Shaw, 156 Va. 863, 875-76, 159 S.E. 87, 92 (1931) (court noted, in libel cas... | {
"signal": "cf.",
"identifier": "142 S.E. 387, 388",
"parenthetical": "\"[A] corporation, as any other master, is liable in damages under the statute for insulting words uttered by its agent while engaged in the ordinary course of his employment... .\"",
"sentence": "See Thalhimer Bros. v. Shaw, 156 Va. 863, 8... | 3,934,773 | a |
In the Ninth Circuit, appeal waivers do not apply to constitutional challenges. | {
"signal": "see also",
"identifier": null,
"parenthetical": "applying Bibler to plea agreement waiving right to bring SS 2255 motion",
"sentence": "United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007) (appeal waiver does not apply to a sentence which is illegal because it exceeds the permissible statutory... | {
"signal": "no signal",
"identifier": "495 F.3d 621, 624",
"parenthetical": "appeal waiver does not apply to a sentence which is illegal because it exceeds the permissible statutory penalty for the crime or violates the Constitution",
"sentence": "United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007) (appe... | 12,175,152 | b |
In the Ninth Circuit, appeal waivers do not apply to constitutional challenges. | {
"signal": "no signal",
"identifier": "495 F.3d 621, 624",
"parenthetical": "appeal waiver does not apply to a sentence which is illegal because it exceeds the permissible statutory penalty for the crime or violates the Constitution",
"sentence": "United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007) (appe... | {
"signal": "see also",
"identifier": "2016 WL 1453878, at *9",
"parenthetical": "applying Bibler to plea agreement waiving right to bring SS 2255 motion",
"sentence": "United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007) (appeal waiver does not apply to a sentence which is illegal because it exceeds the p... | 12,175,152 | a |
There is no dispute that counsel filed the notice and claim of charging lien before the original final judgment was entered. Thus, counsel perfected his charging lien by providing timely notice. | {
"signal": "see",
"identifier": "486 So.2d 559, 561",
"parenthetical": "\"In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.\"",
"sentence": "See Daniel Mones, P.A. v. Smith, 486 So.2d 559, 561 (Fla.1986) (“In o... | {
"signal": "see also",
"identifier": "428 So.2d 1383, 1385",
"parenthetical": "\"[T]here are no requirements for perfecting a charging lien beyond timely notice.\"",
"sentence": "See Daniel Mones, P.A. v. Smith, 486 So.2d 559, 561 (Fla.1986) (“In order to give timely notice of a charging lien an attorney shoul... | 6,998,139 | a |
There is no dispute that counsel filed the notice and claim of charging lien before the original final judgment was entered. Thus, counsel perfected his charging lien by providing timely notice. | {
"signal": "see also",
"identifier": "614 So.2d 574, 580",
"parenthetical": "holding that to be \"timely\" the notice of a charging lien must be filed \"before the lawsuit has been reduced to judgment\"",
"sentence": "See Daniel Mones, P.A. v. Smith, 486 So.2d 559, 561 (Fla.1986) (“In order to give timely noti... | {
"signal": "see",
"identifier": "486 So.2d 559, 561",
"parenthetical": "\"In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.\"",
"sentence": "See Daniel Mones, P.A. v. Smith, 486 So.2d 559, 561 (Fla.1986) (“In o... | 6,998,139 | b |
Given our conclusion that the expert's testimony was not relevant under CRE 401, we necessarily reject defendant's argument that it was admissible as res gestae evidence. | {
"signal": "see also",
"identifier": "156 P.3d 371, 378",
"parenthetical": "to be admissible under CRE 702, expert testimony must be both relevant and reliable",
"sentence": "See People v. Skufca, 176 P.3d 83, 86 (Colo.2008) (“[t]o be admissible, res gestae evidence must also be relevant under CRE 401”); see a... | {
"signal": "see",
"identifier": "176 P.3d 83, 86",
"parenthetical": "\"[t]o be admissible, res gestae evidence must also be relevant under CRE 401\"",
"sentence": "See People v. Skufca, 176 P.3d 83, 86 (Colo.2008) (“[t]o be admissible, res gestae evidence must also be relevant under CRE 401”); see also People ... | 6,992,245 | b |
13B Wright, Miller & Cooper, Federal Practice and Procedure SS 3612 (2d ed.1984). | {
"signal": "see also",
"identifier": "848 F.Supp. 317, 318",
"parenthetical": "favoring ties that \"could not be easily undone\" over more easily established ties",
"sentence": "Lundquist, 946 F.2d at 12 (“[D]omicile need not be determined by mere numerical comparison of the number of factors that may appear t... | {
"signal": "no signal",
"identifier": "946 F.2d 12, 12",
"parenthetical": "\"[D]omicile need not be determined by mere numerical comparison of the number of factors that may appear to favor each side of the issue.\"",
"sentence": "Lundquist, 946 F.2d at 12 (“[D]omicile need not be determined by mere numerical ... | 9,272,553 | b |
Blakely concerns aside, this aggravator is properly used to enhance a sentence only when the court explains with specific facts why treatment is needed beyond that provided by the presumptive sentence." Appellant's Br. at 13. We find Gutermuth's non -Blakely argument dispositive and conclude that this aggravating circu... | {
"signal": "see",
"identifier": "834 N.E.2d 713, 719",
"parenthetical": "\"This factor may be used to enhance a sentence above the presumptive only if the trial court provides a specific or individualized reason as to why the defendant requires correctional treatment in excess of the presumptive term.\"",
"sen... | {
"signal": "see also",
"identifier": "682 N.E.2d 552, 553",
"parenthetical": "\"As a matter of jurisprudence, courts will not decide constitutional issues when a case can be decided on other grounds.\"",
"sentence": "See Hope v. State, 834 N.E.2d 713, 719 (Ind.Ct.App.2005) (“This factor may be used to enhance ... | 8,411,140 | a |
Gordon, Barry R. Sude, Ruth Ann Overbeek & Charles Hendricks, A Brief History of the American University Experiment Station and U.S. Navy Bomb Disposal School. American University (Office of History Headquarters, U.S. Army Corps of Engineers, June 1994) at 36. Thus, the Army had already made a decision to warn. Its fai... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "Coast Guard, having undertaken to provide lighthouse service, had a duty to use due care to make certain that the lighthouse was kept in good working order and to repair light or give warning that it was not functioning",
"sentence": "See Cope, 45 F.3d at... | {
"signal": "see",
"identifier": "45 F.3d 452, 452",
"parenthetical": "when Park Service already posted signs in an effort to warn, the placement of additional or different signs does not implicate economic, social, or political concerns",
"sentence": "See Cope, 45 F.3d at 452 (when Park Service already posted ... | 395,820 | b |
Gordon, Barry R. Sude, Ruth Ann Overbeek & Charles Hendricks, A Brief History of the American University Experiment Station and U.S. Navy Bomb Disposal School. American University (Office of History Headquarters, U.S. Army Corps of Engineers, June 1994) at 36. Thus, the Army had already made a decision to warn. Its fai... | {
"signal": "see",
"identifier": "45 F.3d 452, 452",
"parenthetical": "when Park Service already posted signs in an effort to warn, the placement of additional or different signs does not implicate economic, social, or political concerns",
"sentence": "See Cope, 45 F.3d at 452 (when Park Service already posted ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "Coast Guard, having undertaken to provide lighthouse service, had a duty to use due care to make certain that the lighthouse was kept in good working order and to repair light or give warning that it was not functioning",
"sentence": "See Cope, 45 F.3d at... | 395,820 | a |
Gordon, Barry R. Sude, Ruth Ann Overbeek & Charles Hendricks, A Brief History of the American University Experiment Station and U.S. Navy Bomb Disposal School. American University (Office of History Headquarters, U.S. Army Corps of Engineers, June 1994) at 36. Thus, the Army had already made a decision to warn. Its fai... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "Coast Guard, having undertaken to provide lighthouse service, had a duty to use due care to make certain that the lighthouse was kept in good working order and to repair light or give warning that it was not functioning",
"sentence": "See Cope, 45 F.3d at... | {
"signal": "see",
"identifier": "45 F.3d 452, 452",
"parenthetical": "when Park Service already posted signs in an effort to warn, the placement of additional or different signs does not implicate economic, social, or political concerns",
"sentence": "See Cope, 45 F.3d at 452 (when Park Service already posted ... | 395,820 | b |
When the office administrator's corroborated statement is considered for its non-hearsay purpose, this case squarely falls into the third category in which we have found tolling appropriate because the EEOC misled Alvarado about when he had to file suit (assuming, as we have, that the first letter triggered the limitat... | {
"signal": "see",
"identifier": "332 F.3d 874, 881",
"parenthetical": "providing that EEOC's misleading plaintiff about his rights is potential basis for equitable tolling",
"sentence": "See Manning v. Chevron Chem. Co., LLC, 332 F.3d 874, 881 (5th Cir.2003) (providing that EEOC’s misleading plaintiff about hi... | {
"signal": "see also",
"identifier": "132 F.3d 455, 458-59",
"parenthetical": "equitably tolling plaintiffs case when EEOC misled plaintiff into believing she had filed a charge but had mistakenly instructed her to fill out an intake questionnaire and also calculated the expiration of the 300-day filing period b... | 4,010,622 | a |
When the office administrator's corroborated statement is considered for its non-hearsay purpose, this case squarely falls into the third category in which we have found tolling appropriate because the EEOC misled Alvarado about when he had to file suit (assuming, as we have, that the first letter triggered the limitat... | {
"signal": "see also",
"identifier": "120 F.3d 222, 227",
"parenthetical": "tolling statute of limitations when an EEOC investigator told plaintiff that incorrect statute of limitations applied",
"sentence": "See Manning v. Chevron Chem. Co., LLC, 332 F.3d 874, 881 (5th Cir.2003) (providing that EEOC’s mislead... | {
"signal": "see",
"identifier": "332 F.3d 874, 881",
"parenthetical": "providing that EEOC's misleading plaintiff about his rights is potential basis for equitable tolling",
"sentence": "See Manning v. Chevron Chem. Co., LLC, 332 F.3d 874, 881 (5th Cir.2003) (providing that EEOC’s misleading plaintiff about hi... | 4,010,622 | b |
When the office administrator's corroborated statement is considered for its non-hearsay purpose, this case squarely falls into the third category in which we have found tolling appropriate because the EEOC misled Alvarado about when he had to file suit (assuming, as we have, that the first letter triggered the limitat... | {
"signal": "see also",
"identifier": "132 F.3d 455, 458-59",
"parenthetical": "equitably tolling plaintiffs case when EEOC misled plaintiff into believing she had filed a charge but had mistakenly instructed her to fill out an intake questionnaire and also calculated the expiration of the 300-day filing period b... | {
"signal": "see",
"identifier": "556 F.2d 346, 351",
"parenthetical": "finding that \"equitable considerations\" allowed plaintiff to pursue untimely action because EEOC letter indicating only that conciliation efforts had failed but not that EEOC had decided not to sue was \"patently misleading\"",
"sentence"... | 4,010,622 | b |
When the office administrator's corroborated statement is considered for its non-hearsay purpose, this case squarely falls into the third category in which we have found tolling appropriate because the EEOC misled Alvarado about when he had to file suit (assuming, as we have, that the first letter triggered the limitat... | {
"signal": "see also",
"identifier": "120 F.3d 222, 227",
"parenthetical": "tolling statute of limitations when an EEOC investigator told plaintiff that incorrect statute of limitations applied",
"sentence": "See Manning v. Chevron Chem. Co., LLC, 332 F.3d 874, 881 (5th Cir.2003) (providing that EEOC’s mislead... | {
"signal": "see",
"identifier": "556 F.2d 346, 351",
"parenthetical": "finding that \"equitable considerations\" allowed plaintiff to pursue untimely action because EEOC letter indicating only that conciliation efforts had failed but not that EEOC had decided not to sue was \"patently misleading\"",
"sentence"... | 4,010,622 | b |
Federal prisoners who are injured by fellow inmates by reason of the negligence of federal employees can sue for their injuries under the Federal Tort Claims Act. | {
"signal": "see",
"identifier": "374 U.S. 150, 150",
"parenthetical": "holding the United States liable under the FTCA for injuries sustained by a prisoner where the prison guard had confined an altercation between the prisoner and twelve fellow inmates instead of interceding",
"sentence": "See United States v... | {
"signal": "see also",
"identifier": "580 F.2d 72, 73, 77",
"parenthetical": "holding the United States liable under the FTCA for exposure of prisoners to prisoner with tuberculosis where the prisoners' bodies \"harbored one or more dormant tubercle bacilli which could later develop into full-fledged cases of tu... | 8,454,383 | a |
Federal prisoners who are injured by fellow inmates by reason of the negligence of federal employees can sue for their injuries under the Federal Tort Claims Act. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding the United States liable under the FTCA for injuries sustained by a prisoner where the prison guard had confined an altercation between the prisoner and twelve fellow inmates instead of interceding",
"sentence": "See United States v. Muniz, 374 U.... | {
"signal": "see also",
"identifier": "580 F.2d 72, 73, 77",
"parenthetical": "holding the United States liable under the FTCA for exposure of prisoners to prisoner with tuberculosis where the prisoners' bodies \"harbored one or more dormant tubercle bacilli which could later develop into full-fledged cases of tu... | 8,454,383 | a |
Federal prisoners who are injured by fellow inmates by reason of the negligence of federal employees can sue for their injuries under the Federal Tort Claims Act. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding the United States liable under the FTCA for injuries sustained by a prisoner where the prison guard had confined an altercation between the prisoner and twelve fellow inmates instead of interceding",
"sentence": "See United States v. Muniz, 374 U.... | {
"signal": "see also",
"identifier": "580 F.2d 72, 73, 77",
"parenthetical": "holding the United States liable under the FTCA for exposure of prisoners to prisoner with tuberculosis where the prisoners' bodies \"harbored one or more dormant tubercle bacilli which could later develop into full-fledged cases of tu... | 8,454,383 | a |
Hotline next contends that the state did not incur any reimbursable attorney's fees because its lawyers already were on the government payroll as salaried employees. But salaried government lawyers, like in-house and non-profit counsel, do incur expenses if the time and resources they devote to one case are not availab... | {
"signal": "see also",
"identifier": "76 F.3d 114, 115-16",
"parenthetical": "affirming award under ERISA fee-shifting statute to prevailing pension fund for its staff attorneys' representation",
"sentence": "See Hamilton v. Daley, 777 F.2d 1207, 1213 (7th Cir.1985) (affirming fee award under 42 U.S.C. § 1988 ... | {
"signal": "see",
"identifier": "777 F.2d 1207, 1213",
"parenthetical": "affirming fee award under 42 U.S.C. SS 1988 to state's attorneys for their representation of \"prevailing defendants\"",
"sentence": "See Hamilton v. Daley, 777 F.2d 1207, 1213 (7th Cir.1985) (affirming fee award under 42 U.S.C. § 1988 to... | 11,163,333 | b |
Even though TWI provided evidence that might persuade a jury to conclude that Janczak's leave ultimately played no role in his termination, the grant of summary judgment prematurely took that determination from the jury. | {
"signal": "see",
"identifier": "700 F.3d 1227, 1227",
"parenthetical": "observing that \"sum-' mary judgment for the employer is warranted only when there is no genuine dispute as to any material fact regarding the grounds for termination,\" and that \"the question ... is not whether a reasonable jury could fin... | {
"signal": "see also",
"identifier": "477 U.S. 242, 252",
"parenthetical": "holding that, in deciding whether to grant summary judgment, \"the judge must ask himself not whether he thinks the evidence unmistakably favors one side or the other but whether a fair-minded jury could return a verdict for the plaintif... | 6,056,650 | a |
Even though TWI provided evidence that might persuade a jury to conclude that Janczak's leave ultimately played no role in his termination, the grant of summary judgment prematurely took that determination from the jury. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that, in deciding whether to grant summary judgment, \"the judge must ask himself not whether he thinks the evidence unmistakably favors one side or the other but whether a fair-minded jury could return a verdict for the plaintiff on the eviden... | {
"signal": "see",
"identifier": "700 F.3d 1227, 1227",
"parenthetical": "observing that \"sum-' mary judgment for the employer is warranted only when there is no genuine dispute as to any material fact regarding the grounds for termination,\" and that \"the question ... is not whether a reasonable jury could fin... | 6,056,650 | b |
Even though TWI provided evidence that might persuade a jury to conclude that Janczak's leave ultimately played no role in his termination, the grant of summary judgment prematurely took that determination from the jury. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that, in deciding whether to grant summary judgment, \"the judge must ask himself not whether he thinks the evidence unmistakably favors one side or the other but whether a fair-minded jury could return a verdict for the plaintiff on the eviden... | {
"signal": "see",
"identifier": "700 F.3d 1227, 1227",
"parenthetical": "observing that \"sum-' mary judgment for the employer is warranted only when there is no genuine dispute as to any material fact regarding the grounds for termination,\" and that \"the question ... is not whether a reasonable jury could fin... | 6,056,650 | b |
Even though TWI provided evidence that might persuade a jury to conclude that Janczak's leave ultimately played no role in his termination, the grant of summary judgment prematurely took that determination from the jury. | {
"signal": "see",
"identifier": "700 F.3d 1227, 1227",
"parenthetical": "observing that \"sum-' mary judgment for the employer is warranted only when there is no genuine dispute as to any material fact regarding the grounds for termination,\" and that \"the question ... is not whether a reasonable jury could fin... | {
"signal": "see also",
"identifier": "186 F.3d 1301, 1315",
"parenthetical": "concluding that summary judgment in employment discrimination case was premature despite significant weaknesses in employee's argument",
"sentence": "See Brown, 700 F.3d at 1227 (observing that “sum-' mary judgment for the employer i... | 6,056,650 | a |
Even though TWI provided evidence that might persuade a jury to conclude that Janczak's leave ultimately played no role in his termination, the grant of summary judgment prematurely took that determination from the jury. | {
"signal": "see",
"identifier": "700 F.3d 1227, 1227",
"parenthetical": "observing that \"sum-' mary judgment for the employer is warranted only when there is no genuine dispute as to any material fact regarding the grounds for termination,\" and that \"the question ... is not whether a reasonable jury could fin... | {
"signal": "see also",
"identifier": null,
"parenthetical": "concluding that summary judgment in employment discrimination case was premature despite significant weaknesses in employee's argument",
"sentence": "See Brown, 700 F.3d at 1227 (observing that “sum-' mary judgment for the employer is warranted only ... | 6,056,650 | a |
Even though TWI provided evidence that might persuade a jury to conclude that Janczak's leave ultimately played no role in his termination, the grant of summary judgment prematurely took that determination from the jury. | {
"signal": "see",
"identifier": "700 F.3d 1227, 1227",
"parenthetical": "observing that \"sum-' mary judgment for the employer is warranted only when there is no genuine dispute as to any material fact regarding the grounds for termination,\" and that \"the question ... is not whether a reasonable jury could fin... | {
"signal": "see also",
"identifier": null,
"parenthetical": "concluding that summary judgment in employment discrimination case was premature despite significant weaknesses in employee's argument",
"sentence": "See Brown, 700 F.3d at 1227 (observing that “sum-' mary judgment for the employer is warranted only ... | 6,056,650 | a |
Even though TWI provided evidence that might persuade a jury to conclude that Janczak's leave ultimately played no role in his termination, the grant of summary judgment prematurely took that determination from the jury. | {
"signal": "see",
"identifier": "700 F.3d 1227, 1227",
"parenthetical": "observing that \"sum-' mary judgment for the employer is warranted only when there is no genuine dispute as to any material fact regarding the grounds for termination,\" and that \"the question ... is not whether a reasonable jury could fin... | {
"signal": "see also",
"identifier": null,
"parenthetical": "concluding that summary judgment in employment discrimination case was premature despite significant weaknesses in employee's argument",
"sentence": "See Brown, 700 F.3d at 1227 (observing that “sum-' mary judgment for the employer is warranted only ... | 6,056,650 | a |
Public interest factors include judicial economy, the interest in having "localized controversies decided at home," and the interest in having issues of foreign law decided by a foreign tribunal. This Court has explained, "[T]here is little sense to allowing a U.S. citizen to haul a group of foreign defendants into a U... | {
"signal": "no signal",
"identifier": "135 F.Supp.2d 448, 448",
"parenthetical": "dismissing fraud claims against French bank in favor of London, where fraudulent activity was centered",
"sentence": "Paribas, 135 F.Supp.2d at 448 (dismissing fraud claims against French bank in favor of London, where fraudulent... | {
"signal": "see also",
"identifier": "1993 WL 227663, at *4",
"parenthetical": "dismissing claims of New York plaintiff against Greek bank, even though plaintiff alleged he was defrauded in New . York, because actions by Greek bank took place in Greece",
"sentence": "See also Zweig, 1993 WL 227663, at *4 (dism... | 3,693,227 | a |
It is unclear what precisely plaintiff is alleging, but in any event this "claim" is not properly before the court. A plaintiff cannot keep his ease alive through bait-and-switch, luring the defendant into moving for summary judgment on one claim, only then to assert an entirely different claim. | {
"signal": "cf.",
"identifier": "97 Fed.Cl. 736, 756",
"parenthetical": "declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment",
"sentence": "See Crawford v. United States, 179 Ct.Cl. 128, 376 F.2d 266, 276 (1967) (holding ... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that a claim not pleaded in the \"petition\" (i.e. the complaint) was \"not properly before the court\" on a motion for summary judgment",
"sentence": "See Crawford v. United States, 179 Ct.Cl. 128, 376 F.2d 266, 276 (1967) (holding that a claim n... | 5,758,707 | b |
It is unclear what precisely plaintiff is alleging, but in any event this "claim" is not properly before the court. A plaintiff cannot keep his ease alive through bait-and-switch, luring the defendant into moving for summary judgment on one claim, only then to assert an entirely different claim. | {
"signal": "cf.",
"identifier": "72 Fed.Cl. 426, 431-32",
"parenthetical": "holding that a plaintiff cannot avoid dismissal under RCFC 12(b)(6) by asserting a new claim",
"sentence": "See Crawford v. United States, 179 Ct.Cl. 128, 376 F.2d 266, 276 (1967) (holding that a claim not pleaded in the “petition” (i.... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that a claim not pleaded in the \"petition\" (i.e. the complaint) was \"not properly before the court\" on a motion for summary judgment",
"sentence": "See Crawford v. United States, 179 Ct.Cl. 128, 376 F.2d 266, 276 (1967) (holding that a claim n... | 5,758,707 | b |
It is unclear what precisely plaintiff is alleging, but in any event this "claim" is not properly before the court. A plaintiff cannot keep his ease alive through bait-and-switch, luring the defendant into moving for summary judgment on one claim, only then to assert an entirely different claim. | {
"signal": "see",
"identifier": "376 F.2d 266, 276",
"parenthetical": "holding that a claim not pleaded in the \"petition\" (i.e. the complaint) was \"not properly before the court\" on a motion for summary judgment",
"sentence": "See Crawford v. United States, 179 Ct.Cl. 128, 376 F.2d 266, 276 (1967) (holding... | {
"signal": "cf.",
"identifier": "97 Fed.Cl. 736, 756",
"parenthetical": "declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment",
"sentence": "See Crawford v. United States, 179 Ct.Cl. 128, 376 F.2d 266, 276 (1967) (holding ... | 5,758,707 | a |
It is unclear what precisely plaintiff is alleging, but in any event this "claim" is not properly before the court. A plaintiff cannot keep his ease alive through bait-and-switch, luring the defendant into moving for summary judgment on one claim, only then to assert an entirely different claim. | {
"signal": "see",
"identifier": "376 F.2d 266, 276",
"parenthetical": "holding that a claim not pleaded in the \"petition\" (i.e. the complaint) was \"not properly before the court\" on a motion for summary judgment",
"sentence": "See Crawford v. United States, 179 Ct.Cl. 128, 376 F.2d 266, 276 (1967) (holding... | {
"signal": "cf.",
"identifier": "72 Fed.Cl. 426, 431-32",
"parenthetical": "holding that a plaintiff cannot avoid dismissal under RCFC 12(b)(6) by asserting a new claim",
"sentence": "See Crawford v. United States, 179 Ct.Cl. 128, 376 F.2d 266, 276 (1967) (holding that a claim not pleaded in the “petition” (i.... | 5,758,707 | a |
There was also evidence that the pharmacist, in accordance with the defendant's instructions in the note, waited several minutes and surveyed the front of the store before alerting authorities of the robbery. The Court of Appeals determined that a reasonable jury could conclude beyond a reasonable doubt from the totali... | {
"signal": "cf.",
"identifier": "2009 WL 3068259, at *3",
"parenthetical": "\"A victim's belief that a defendant had a gun, together with the intent on the part of the defendant to create and use that belief for his own criminal purposes, is sufficient to prove a firearm specification.\"",
"sentence": "Cf. Sta... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "sufficient evidence existed to support firearm specification where robbery defendant kept hand in pocket and told convenience store that he would \"blow [her] head off' if she did not comply",
"sentence": "Id. at *7. See also State v. Jeffers, 143 O... | 3,687,925 | b |
There was also evidence that the pharmacist, in accordance with the defendant's instructions in the note, waited several minutes and surveyed the front of the store before alerting authorities of the robbery. The Court of Appeals determined that a reasonable jury could conclude beyond a reasonable doubt from the totali... | {
"signal": "cf.",
"identifier": "2009 WL 3068259, at *3",
"parenthetical": "\"A victim's belief that a defendant had a gun, together with the intent on the part of the defendant to create and use that belief for his own criminal purposes, is sufficient to prove a firearm specification.\"",
"sentence": "Cf. Sta... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "sufficient evidence existed to support firearm specification where robbery defendant kept hand in pocket and told convenience store that he would \"blow [her] head off' if she did not comply",
"sentence": "Id. at *7. See also State v. Jeffers, 143 O... | 3,687,925 | b |
There was also evidence that the pharmacist, in accordance with the defendant's instructions in the note, waited several minutes and surveyed the front of the store before alerting authorities of the robbery. The Court of Appeals determined that a reasonable jury could conclude beyond a reasonable doubt from the totali... | {
"signal": "cf.",
"identifier": "2009 WL 3068259, at *3",
"parenthetical": "\"A victim's belief that a defendant had a gun, together with the intent on the part of the defendant to create and use that belief for his own criminal purposes, is sufficient to prove a firearm specification.\"",
"sentence": "Cf. Sta... | {
"signal": "no signal",
"identifier": "2007 WL 1297181, at *4",
"parenthetical": "sufficient evidence supported firearm specification even though victim never saw a gun, where defendant told victim that he had a gun and that he would kill her and dump her body if she did not comply",
"sentence": "Id. at *7. Se... | 3,687,925 | b |
There was also evidence that the pharmacist, in accordance with the defendant's instructions in the note, waited several minutes and surveyed the front of the store before alerting authorities of the robbery. The Court of Appeals determined that a reasonable jury could conclude beyond a reasonable doubt from the totali... | {
"signal": "no signal",
"identifier": "117 Ohio App.3d 644, 651-652",
"parenthetical": "sufficient evidence of deadly weapon where defendant verbally threatened to \"blow the heads off' victims while having large envelope wrapped around hand, and victims surrendered money based on belief defendant was armed",
... | {
"signal": "cf.",
"identifier": "2009 WL 3068259, at *3",
"parenthetical": "\"A victim's belief that a defendant had a gun, together with the intent on the part of the defendant to create and use that belief for his own criminal purposes, is sufficient to prove a firearm specification.\"",
"sentence": "Cf. Sta... | 3,687,925 | a |
There was also evidence that the pharmacist, in accordance with the defendant's instructions in the note, waited several minutes and surveyed the front of the store before alerting authorities of the robbery. The Court of Appeals determined that a reasonable jury could conclude beyond a reasonable doubt from the totali... | {
"signal": "cf.",
"identifier": "2009 WL 3068259, at *3",
"parenthetical": "\"A victim's belief that a defendant had a gun, together with the intent on the part of the defendant to create and use that belief for his own criminal purposes, is sufficient to prove a firearm specification.\"",
"sentence": "Cf. Sta... | {
"signal": "no signal",
"identifier": "691 N.E.2d 316, 321",
"parenthetical": "sufficient evidence of deadly weapon where defendant verbally threatened to \"blow the heads off' victims while having large envelope wrapped around hand, and victims surrendered money based on belief defendant was armed",
"sentence... | 3,687,925 | b |
Based on this sentiment, a number of courts have found constitutional violations in the use of peace bonds. | {
"signal": "see",
"identifier": "303 So. 2d 144, 144",
"parenthetical": "impermissible discrimination based on wealth, violation of equal protection of laws",
"sentence": "See id. at 644, 303 So. 2d at 144 (impermissible discrimination based on wealth, violation of equal protection of laws); Kolvek v. Napple, ... | {
"signal": "but see",
"identifier": "452 Pa. 35, 38-41",
"parenthetical": "over two strong dissents, held that neither a jury trial nor proof beyond a reasonable doubt is constitutionally required",
"sentence": "But see Commonwealth v. Miller, 452 Pa. 35, 38-41, 305 A.2d 346, 348-49 (1973) (over two strong dis... | 4,794,144 | a |
Based on this sentiment, a number of courts have found constitutional violations in the use of peace bonds. | {
"signal": "but see",
"identifier": "305 A.2d 346, 348-49",
"parenthetical": "over two strong dissents, held that neither a jury trial nor proof beyond a reasonable doubt is constitutionally required",
"sentence": "But see Commonwealth v. Miller, 452 Pa. 35, 38-41, 305 A.2d 346, 348-49 (1973) (over two strong ... | {
"signal": "see",
"identifier": "303 So. 2d 144, 144",
"parenthetical": "impermissible discrimination based on wealth, violation of equal protection of laws",
"sentence": "See id. at 644, 303 So. 2d at 144 (impermissible discrimination based on wealth, violation of equal protection of laws); Kolvek v. Napple, ... | 4,794,144 | b |
Based on this sentiment, a number of courts have found constitutional violations in the use of peace bonds. | {
"signal": "see",
"identifier": "53 Haw. 40, 44",
"parenthetical": "denial of due process of law unless bond imposition is based on proof beyond a reasonable doubt",
"sentence": "See id. at 644, 303 So. 2d at 144 (impermissible discrimination based on wealth, violation of equal protection of laws); Kolvek v. N... | {
"signal": "but see",
"identifier": "452 Pa. 35, 38-41",
"parenthetical": "over two strong dissents, held that neither a jury trial nor proof beyond a reasonable doubt is constitutionally required",
"sentence": "But see Commonwealth v. Miller, 452 Pa. 35, 38-41, 305 A.2d 346, 348-49 (1973) (over two strong dis... | 4,794,144 | a |
Based on this sentiment, a number of courts have found constitutional violations in the use of peace bonds. | {
"signal": "but see",
"identifier": "305 A.2d 346, 348-49",
"parenthetical": "over two strong dissents, held that neither a jury trial nor proof beyond a reasonable doubt is constitutionally required",
"sentence": "But see Commonwealth v. Miller, 452 Pa. 35, 38-41, 305 A.2d 346, 348-49 (1973) (over two strong ... | {
"signal": "see",
"identifier": "53 Haw. 40, 44",
"parenthetical": "denial of due process of law unless bond imposition is based on proof beyond a reasonable doubt",
"sentence": "See id. at 644, 303 So. 2d at 144 (impermissible discrimination based on wealth, violation of equal protection of laws); Kolvek v. N... | 4,794,144 | b |
Based on this sentiment, a number of courts have found constitutional violations in the use of peace bonds. | {
"signal": "but see",
"identifier": "452 Pa. 35, 38-41",
"parenthetical": "over two strong dissents, held that neither a jury trial nor proof beyond a reasonable doubt is constitutionally required",
"sentence": "But see Commonwealth v. Miller, 452 Pa. 35, 38-41, 305 A.2d 346, 348-49 (1973) (over two strong dis... | {
"signal": "see",
"identifier": "487 P.2d 283, 285",
"parenthetical": "denial of due process of law unless bond imposition is based on proof beyond a reasonable doubt",
"sentence": "See id. at 644, 303 So. 2d at 144 (impermissible discrimination based on wealth, violation of equal protection of laws); Kolvek v... | 4,794,144 | b |
Based on this sentiment, a number of courts have found constitutional violations in the use of peace bonds. | {
"signal": "see",
"identifier": "487 P.2d 283, 285",
"parenthetical": "denial of due process of law unless bond imposition is based on proof beyond a reasonable doubt",
"sentence": "See id. at 644, 303 So. 2d at 144 (impermissible discrimination based on wealth, violation of equal protection of laws); Kolvek v... | {
"signal": "but see",
"identifier": "305 A.2d 346, 348-49",
"parenthetical": "over two strong dissents, held that neither a jury trial nor proof beyond a reasonable doubt is constitutionally required",
"sentence": "But see Commonwealth v. Miller, 452 Pa. 35, 38-41, 305 A.2d 346, 348-49 (1973) (over two strong ... | 4,794,144 | a |
Given these safeguards, there is very little risk that Plaintiff would suffer unnecessary pain in the event execution team members fail to properly prepare the pentobarbital syringes. | {
"signal": "see also",
"identifier": "631 F.3d 1141, 1141",
"parenthetical": "stating that Arizona protocol's safeguards are adequate under Baze standard",
"sentence": "See Cook v. Brewer, 637 F.3d 1002, 1007-08 (9th Cir.2011), cert. denied, — U.S.-, 131 S.Ct. 2465, 179 L.Ed.2d. 1227 (2011) (rejecting claim of... | {
"signal": "see",
"identifier": "637 F.3d 1002, 1007-08",
"parenthetical": "rejecting claim of substantial risk of pain from administration of allegedly incorrect, diluted or adulterated anesthetic in light of consciousness check prior to administration of other two drugs",
"sentence": "See Cook v. Brewer, 637... | 4,183,824 | b |
Given these safeguards, there is very little risk that Plaintiff would suffer unnecessary pain in the event execution team members fail to properly prepare the pentobarbital syringes. | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting claim of substantial risk of pain from administration of allegedly incorrect, diluted or adulterated anesthetic in light of consciousness check prior to administration of other two drugs",
"sentence": "See Cook v. Brewer, 637 F.3d 1002, 1007-08 ... | {
"signal": "see also",
"identifier": "631 F.3d 1141, 1141",
"parenthetical": "stating that Arizona protocol's safeguards are adequate under Baze standard",
"sentence": "See Cook v. Brewer, 637 F.3d 1002, 1007-08 (9th Cir.2011), cert. denied, — U.S.-, 131 S.Ct. 2465, 179 L.Ed.2d. 1227 (2011) (rejecting claim of... | 4,183,824 | a |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see also",
"identifier": "196 F.3d 1206, 1216",
"parenthetical": "concluding that \"[d]ue to the peculiar nature of a charge of fraud, especially where corporations are used as vehicles of fraud, an application to search the premises of [the corporate office] for '[b]ooks, [l]edgers, [Receipts, [fin-... | {
"signal": "see",
"identifier": "427 U.S. 463, 479-81",
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the te... | 9,190,102 | b |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see also",
"identifier": "778 F.2d 609, 613-14",
"parenthetical": "affirming denial of motion to suppress in case involving charges of subscription to false statements on income tax returns, finding that warrant authorizing seizure of, inter alia, \"United States currency, promissory notes, life insu... | {
"signal": "see",
"identifier": "427 U.S. 463, 479-81",
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the te... | 9,190,102 | b |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see",
"identifier": "427 U.S. 463, 479-81",
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the te... | {
"signal": "see also",
"identifier": "762 F.2d 1522, 1531-32",
"parenthetical": "finding warrant sufficiently specific in RICO conspiracy and mail and wire fraud case despite fact that name of co-defendant was in warrant but not affidavit where warrant and its attached exhibit clearly indicated that corresponden... | 9,190,102 | a |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see",
"identifier": "427 U.S. 463, 479-81",
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the te... | {
"signal": "see also",
"identifier": "753 F.2d 999, 1001",
"parenthetical": "rejecting \"general warrant\" argument in mail fraud case where warrant authorized seizure of specific items \"and miscellaneous merchandise fraudulently obtained from vendors throughout the United States ... in violation of [three sect... | 9,190,102 | a |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the term 'crime' in the ... | {
"signal": "see also",
"identifier": "196 F.3d 1206, 1216",
"parenthetical": "concluding that \"[d]ue to the peculiar nature of a charge of fraud, especially where corporations are used as vehicles of fraud, an application to search the premises of [the corporate office] for '[b]ooks, [l]edgers, [Receipts, [fin-... | 9,190,102 | a |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see also",
"identifier": "778 F.2d 609, 613-14",
"parenthetical": "affirming denial of motion to suppress in case involving charges of subscription to false statements on income tax returns, finding that warrant authorizing seizure of, inter alia, \"United States currency, promissory notes, life insu... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the term 'crime' in the ... | 9,190,102 | b |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the term 'crime' in the ... | {
"signal": "see also",
"identifier": "762 F.2d 1522, 1531-32",
"parenthetical": "finding warrant sufficiently specific in RICO conspiracy and mail and wire fraud case despite fact that name of co-defendant was in warrant but not affidavit where warrant and its attached exhibit clearly indicated that corresponden... | 9,190,102 | a |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the term 'crime' in the ... | {
"signal": "see also",
"identifier": "753 F.2d 999, 1001",
"parenthetical": "rejecting \"general warrant\" argument in mail fraud case where warrant authorized seizure of specific items \"and miscellaneous merchandise fraudulently obtained from vendors throughout the United States ... in violation of [three sect... | 9,190,102 | a |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see also",
"identifier": "196 F.3d 1206, 1216",
"parenthetical": "concluding that \"[d]ue to the peculiar nature of a charge of fraud, especially where corporations are used as vehicles of fraud, an application to search the premises of [the corporate office] for '[b]ooks, [l]edgers, [Receipts, [fin-... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the term 'crime' in the ... | 9,190,102 | b |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see also",
"identifier": "778 F.2d 609, 613-14",
"parenthetical": "affirming denial of motion to suppress in case involving charges of subscription to false statements on income tax returns, finding that warrant authorizing seizure of, inter alia, \"United States currency, promissory notes, life insu... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the term 'crime' in the ... | 9,190,102 | b |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the term 'crime' in the ... | {
"signal": "see also",
"identifier": "762 F.2d 1522, 1531-32",
"parenthetical": "finding warrant sufficiently specific in RICO conspiracy and mail and wire fraud case despite fact that name of co-defendant was in warrant but not affidavit where warrant and its attached exhibit clearly indicated that corresponden... | 9,190,102 | a |
Warrants have survived particularity challenges even where they have called for the seizure of many categories of items. Although the warrants at issue here encompass many types of records, they sufficiently describe what is within their terms. | {
"signal": "see also",
"identifier": "753 F.2d 999, 1001",
"parenthetical": "rejecting \"general warrant\" argument in mail fraud case where warrant authorized seizure of specific items \"and miscellaneous merchandise fraudulently obtained from vendors throughout the United States ... in violation of [three sect... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the inclusion of the phrase \"together with other fruits, instru-mentalities and evidence of crime at this [time] unknown\" did not render search warrants impermissibly general where it was \"clear from the context that the term 'crime' in the ... | 9,190,102 | b |
The Santiagos attempt to distinguish Hobbs Trailers by arguing that their constitutional claims are defensive only. The federal courts considering this argument after Priester have rejected it. | {
"signal": "no signal",
"identifier": "560 Fed.Appx. 279, 279",
"parenthetical": "rejecting argument that declaratory-judgment action was \"defense\" to foreclosure and as such not constrained by statute of limitations",
"sentence": "Moran, 560 Fed.Appx. at 279 (rejecting argument that declaratory-judgment act... | {
"signal": "see also",
"identifier": "2013 WL 2368336, at *8",
"parenthetical": "both rejecting contention that constitutional claims were not barred because limitation statutes do not apply to defenses",
"sentence": "Moran, 560 Fed.Appx. at 279 (rejecting argument that declaratory-judgment action was “defense... | 6,908,629 | a |
The Santiagos attempt to distinguish Hobbs Trailers by arguing that their constitutional claims are defensive only. The federal courts considering this argument after Priester have rejected it. | {
"signal": "no signal",
"identifier": "560 Fed.Appx. 279, 279",
"parenthetical": "rejecting argument that declaratory-judgment action was \"defense\" to foreclosure and as such not constrained by statute of limitations",
"sentence": "Moran, 560 Fed.Appx. at 279 (rejecting argument that declaratory-judgment act... | {
"signal": "see also",
"identifier": null,
"parenthetical": "both rejecting contention that constitutional claims were not barred because limitation statutes do not apply to defenses",
"sentence": "Moran, 560 Fed.Appx. at 279 (rejecting argument that declaratory-judgment action was “defense” to foreclosure and... | 6,908,629 | a |
Although she argued in her brief before the BIA that the IJ created an unnecessarily hostile environment, she never referred to a violation of her due process rights or alluded to the hearing being fundamentally unfair or precluding judicial review. See A.R. at 23-24. Because Gomez failed to raise her due process chall... | {
"signal": "see also",
"identifier": "252 F.3d 383, 389",
"parenthetical": "noting that the BIA should be given the first opportunity to correct any procedural errors committed during the petitioner's hearing",
"sentence": "See Rodriguez, 9 F.3d at 414 (“Because [the petitioner] failed to raise this issue befo... | {
"signal": "see",
"identifier": "9 F.3d 414, 414",
"parenthetical": "\"Because [the petitioner] failed to raise this issue before the BIA, he has not exhausted his administrative remedies, and we have no jurisdiction to consider these grounds.\"",
"sentence": "See Rodriguez, 9 F.3d at 414 (“Because [the petiti... | 59,409 | b |
(Tr. at 33-39, 98-101, 128-29.) As this Court has no reason to doubt the credibility of the three officers in this case, their specific recollections trump ADA Coyne's bare assumption that the criminal file jacket accurately represents her conversation with Officer Fogarty. | {
"signal": "see",
"identifier": "634 F.Supp. 1144, 1147",
"parenthetical": "holding that police officer's sworn affidavit that Miranda warnings were given was held sufficient to deny suppression of defendant's post-arrest statement in the absence of properly-supported statement by defendant to the contrary",
"... | {
"signal": "see also",
"identifier": "2002 WL 31890950, at *5",
"parenthetical": "\"[Defendant's] lack of a present recollection of being informed of his Miranda rights, coupled with [the agent's] specific recollection ... that [defendant] was read his Miranda rights by [another agent], is sufficient for this Co... | 9,085,036 | a |
(Tr. at 33-39, 98-101, 128-29.) As this Court has no reason to doubt the credibility of the three officers in this case, their specific recollections trump ADA Coyne's bare assumption that the criminal file jacket accurately represents her conversation with Officer Fogarty. | {
"signal": "see also",
"identifier": null,
"parenthetical": "when presented with defendant's \"specific recollection\" and \"plaintiffs lack of recollection of what he said at the first meeting,\" reasonable jury \"could only\" accept defendant's account of the meeting",
"sentence": "See United States v. Marti... | {
"signal": "see",
"identifier": "634 F.Supp. 1144, 1147",
"parenthetical": "holding that police officer's sworn affidavit that Miranda warnings were given was held sufficient to deny suppression of defendant's post-arrest statement in the absence of properly-supported statement by defendant to the contrary",
"... | 9,085,036 | b |
Both Esther and Ben Jarvison are subject to Navajo Nation laws regarding marriage and domestic relations. Because domestic relations are considered by the Tribe as being at the core of Navajo sovereignty, In re Francisco, 16 Indian L. Rep. 6113 (Navajo 1989), we conclude that Navajo law is the appropriate law under whi... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that tribal Indians domiciled within the territorial limits of an Indian nation in Indian Territory and who consummated a marriage or divorce in accordance with recognized tribal custom before such customs had been superceded by other law, were boun... | {
"signal": "see also",
"identifier": null,
"parenthetical": "determining validity of a Navajo couple's marriage by examining required elements of common law marriage under Navajo law",
"sentence": "See Montana, 450 U.S. at 565, 101 S.Ct. 1245; Marris v. Sockey, 170 F.2d 599 (10th Cir.1948) (holding that tribal... | 7,347,961 | a |
In the instant case, no comparable special sovereignty interests are at stake. A state's interest in administering a welfare program at least partially funded by the federal government is not such a core sovereign interest as to preclude the application of Ex parte Young. | {
"signal": "cf.",
"identifier": "160 F.3d 612, 612-13",
"parenthetical": "holding state's property interest in right to profits from a recreational land lease did not rise to the level of a \"special sovereignty interest\"",
"sentence": "See Doe v. Chiles, 136 F.3d 709, 720 (11th Cir.1998) (asserting, without ... | {
"signal": "see",
"identifier": "136 F.3d 709, 720",
"parenthetical": "asserting, without addressing special sovereignty interest' requirement, that case in which developmentally disabled individuals brought SS 1983 action against officials for failure to furnish Medicaid assistance with reasonable promptness \"... | 857,766 | b |
In the instant case, no comparable special sovereignty interests are at stake. A state's interest in administering a welfare program at least partially funded by the federal government is not such a core sovereign interest as to preclude the application of Ex parte Young. | {
"signal": "see",
"identifier": null,
"parenthetical": "finding no important sovereignty interests such as those at issue in Coeur d'Alene Tribe in suit brought by infants with disabilities against state officials alleging that state did not comply with early intervention requirements of IDEA and seeking to enfo... | {
"signal": "cf.",
"identifier": "160 F.3d 612, 612-13",
"parenthetical": "holding state's property interest in right to profits from a recreational land lease did not rise to the level of a \"special sovereignty interest\"",
"sentence": "See Doe v. Chiles, 136 F.3d 709, 720 (11th Cir.1998) (asserting, without ... | 857,766 | a |
District Judge Sotomayor (as she was then) reached a similar conclusion in Papeskov v. Brown, and this Court agreed. | {
"signal": "see also",
"identifier": "410 F.Supp.2d 175, 179",
"parenthetical": "dismissing SS 1983 action brought by former inmate who successfully challenged conviction for, inter alia, rape and sodomy, later pled guilty to endangering the welfare of a child, and filed suit upon release",
"sentence": "No. 97... | {
"signal": "no signal",
"identifier": "1998 WL 299892, at *5",
"parenthetical": "dismissing SS 1983 action brought by former inmate who was charged with assault and criminal possession of a weapon and pled guilty to harassment",
"sentence": "No. 97 Civ. 5351(SS), 1998 WL 299892, at *5 (S.D.N.Y. June 8, 1998), ... | 6,047,287 | b |
District Judge Sotomayor (as she was then) reached a similar conclusion in Papeskov v. Brown, and this Court agreed. | {
"signal": "see also",
"identifier": "410 F.Supp.2d 175, 179",
"parenthetical": "dismissing SS 1983 action brought by former inmate who successfully challenged conviction for, inter alia, rape and sodomy, later pled guilty to endangering the welfare of a child, and filed suit upon release",
"sentence": "No. 97... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "dismissing SS 1983 action brought by former inmate who was charged with assault and criminal possession of a weapon and pled guilty to harassment",
"sentence": "No. 97 Civ. 5351(SS), 1998 WL 299892, at *5 (S.D.N.Y. June 8, 1998), summarily aff'd, 17... | 6,047,287 | b |
In rejecting Scheuring's LHWCA claim, the district court analogized the ramp to a dock or pier. Scheuring v. Traylor Bros., No. CV 03-06613-RZ, slip op. at 9 (C.D.Cal. Aug. 25, 2004). In opposition, the plaintiff asks us to view the ramp as a gangway. This distinction is critical since a gangway constitutes an applianc... | {
"signal": "see",
"identifier": "404 U.S. 202, 207",
"parenthetical": "holding that a gangway is the dividing line between admiralty and state jurisdiction",
"sentence": "See Victory Carriers, Inc. v. Law, 404 U.S. 202, 207, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971) (holding that a gangway is the dividing line betwe... | {
"signal": "see also",
"identifier": "494 F.2d 866, 870",
"parenthetical": "noting that \"the authorities are virtually unanimous that maritime liability encompasses the gangway\"",
"sentence": "See Victory Carriers, Inc. v. Law, 404 U.S. 202, 207, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971) (holding that a gangway is... | 3,761,709 | a |
In rejecting Scheuring's LHWCA claim, the district court analogized the ramp to a dock or pier. Scheuring v. Traylor Bros., No. CV 03-06613-RZ, slip op. at 9 (C.D.Cal. Aug. 25, 2004). In opposition, the plaintiff asks us to view the ramp as a gangway. This distinction is critical since a gangway constitutes an applianc... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that a gangway is the dividing line between admiralty and state jurisdiction",
"sentence": "See Victory Carriers, Inc. v. Law, 404 U.S. 202, 207, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971) (holding that a gangway is the dividing line between admiralty an... | {
"signal": "see also",
"identifier": "494 F.2d 866, 870",
"parenthetical": "noting that \"the authorities are virtually unanimous that maritime liability encompasses the gangway\"",
"sentence": "See Victory Carriers, Inc. v. Law, 404 U.S. 202, 207, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971) (holding that a gangway is... | 3,761,709 | a |
In rejecting Scheuring's LHWCA claim, the district court analogized the ramp to a dock or pier. Scheuring v. Traylor Bros., No. CV 03-06613-RZ, slip op. at 9 (C.D.Cal. Aug. 25, 2004). In opposition, the plaintiff asks us to view the ramp as a gangway. This distinction is critical since a gangway constitutes an applianc... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that a gangway is the dividing line between admiralty and state jurisdiction",
"sentence": "See Victory Carriers, Inc. v. Law, 404 U.S. 202, 207, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971) (holding that a gangway is the dividing line between admiralty an... | {
"signal": "see also",
"identifier": "494 F.2d 866, 870",
"parenthetical": "noting that \"the authorities are virtually unanimous that maritime liability encompasses the gangway\"",
"sentence": "See Victory Carriers, Inc. v. Law, 404 U.S. 202, 207, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971) (holding that a gangway is... | 3,761,709 | a |
The right to equal protection under the United States and Minnesota Constitutions guarantees that people who are similarly situated are treated alike; thus to establish a denial of equal protection, a defendant must first show that similarly situated people have been treated differently. | {
"signal": "see also",
"identifier": "505 U.S. 1, 10",
"parenthetical": "stating that the guarantee of equal protection does not forbid classifications, but \"simply keeps governmental decisionmakers from treating differently persons who are in all relevant respects alike\"",
"sentence": "State v. Cox, 798 N.W... | {
"signal": "no signal",
"identifier": "798 N.W.2d 517, 521-22",
"parenthetical": "stating that \"we have routinely rejected equal-protection claims when a party cannot establish that he or she is similarly situated to those whom they contend are being treated differently\"",
"sentence": "State v. Cox, 798 N.W.... | 6,968,268 | b |
The right to equal protection under the United States and Minnesota Constitutions guarantees that people who are similarly situated are treated alike; thus to establish a denial of equal protection, a defendant must first show that similarly situated people have been treated differently. | {
"signal": "no signal",
"identifier": "798 N.W.2d 517, 521-22",
"parenthetical": "stating that \"we have routinely rejected equal-protection claims when a party cannot establish that he or she is similarly situated to those whom they contend are being treated differently\"",
"sentence": "State v. Cox, 798 N.W.... | {
"signal": "see also",
"identifier": "112 S.Ct. 2326, 2331",
"parenthetical": "stating that the guarantee of equal protection does not forbid classifications, but \"simply keeps governmental decisionmakers from treating differently persons who are in all relevant respects alike\"",
"sentence": "State v. Cox, 7... | 6,968,268 | a |
The right to equal protection under the United States and Minnesota Constitutions guarantees that people who are similarly situated are treated alike; thus to establish a denial of equal protection, a defendant must first show that similarly situated people have been treated differently. | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating that the guarantee of equal protection does not forbid classifications, but \"simply keeps governmental decisionmakers from treating differently persons who are in all relevant respects alike\"",
"sentence": "State v. Cox, 798 N.W.2d 517, 521... | {
"signal": "no signal",
"identifier": "798 N.W.2d 517, 521-22",
"parenthetical": "stating that \"we have routinely rejected equal-protection claims when a party cannot establish that he or she is similarly situated to those whom they contend are being treated differently\"",
"sentence": "State v. Cox, 798 N.W.... | 6,968,268 | b |
Thus, whatever Second Amendment right Bruley may have to possess a firearm in his apartment, it cannot be stretched to create a wrongful discharge cause of action under Florida law against a private employer which fires an employee for carrying a firearm on company property. Moreover, there is no state action involved. | {
"signal": "see",
"identifier": "576 F.Supp.2d 1295, 1295",
"parenthetical": "\"the constitutional right to bear arms restricts the actions of only ... governments ..., not private actors\"",
"sentence": "See Florida Retail Federation, Inc., 576 F.Supp.2d at 1295 (“the constitutional right to bear arms restric... | {
"signal": "see also",
"identifier": "2006 WL 4509634, at *3",
"parenthetical": "requiring state action for claimed due process and basic rights violations under the Florida Constitution",
"sentence": "See Florida Retail Federation, Inc., 576 F.Supp.2d at 1295 (“the constitutional right to bear arms restricts ... | 3,699,156 | a |
Thus, whatever Second Amendment right Bruley may have to possess a firearm in his apartment, it cannot be stretched to create a wrongful discharge cause of action under Florida law against a private employer which fires an employee for carrying a firearm on company property. Moreover, there is no state action involved. | {
"signal": "see also",
"identifier": "432 So.2d 567, 569",
"parenthetical": "requiring state action for claimed basic rights violations under the Florida Constitution",
"sentence": "See Florida Retail Federation, Inc., 576 F.Supp.2d at 1295 (“the constitutional right to bear arms restricts the actions of only ... | {
"signal": "see",
"identifier": "576 F.Supp.2d 1295, 1295",
"parenthetical": "\"the constitutional right to bear arms restricts the actions of only ... governments ..., not private actors\"",
"sentence": "See Florida Retail Federation, Inc., 576 F.Supp.2d at 1295 (“the constitutional right to bear arms restric... | 3,699,156 | b |
The IHRA also explicitly prohibits retaliation against employees who oppose unlawful discrimination, or who have filed a charge or complaint under the IHRA. 775 Ill. Comp. Stat. 5/6-101(A). Accordingly, Plaintiffs claim is preempted by the IHRA. | {
"signal": "see also",
"identifier": "2008 WL 686256, at *7",
"parenthetical": "\"Both state and federal courts dismiss, for lack of jurisdiction, Illinois common law claims of retaliatory discharge for opposition to an allegedly unlawful employment practice.\"",
"sentence": "See Talley v. Wash. Inventory Serv... | {
"signal": "see",
"identifier": "37 F.3d 310, 313",
"parenthetical": "affirming district court's dismissal of plaintiffs retaliatory discharge claim based on alleged marital status discrimination because such discrimination was encompassed by the IHRA and therefore plaintiffs claim was within the exclusive juris... | 3,560,669 | b |
The IHRA also explicitly prohibits retaliation against employees who oppose unlawful discrimination, or who have filed a charge or complaint under the IHRA. 775 Ill. Comp. Stat. 5/6-101(A). Accordingly, Plaintiffs claim is preempted by the IHRA. | {
"signal": "see",
"identifier": "37 F.3d 310, 313",
"parenthetical": "affirming district court's dismissal of plaintiffs retaliatory discharge claim based on alleged marital status discrimination because such discrimination was encompassed by the IHRA and therefore plaintiffs claim was within the exclusive juris... | {
"signal": "see also",
"identifier": "1999 WL 33883, at *3",
"parenthetical": "finding that plaintiffs claim of retaliatory discharge, where plaintiff had complained of discriminatory treatment and harassment, was preempted by the IHRA",
"sentence": "See Talley v. Wash. Inventory Serv., 37 F.3d 310, 313 (7th C... | 3,560,669 | a |
Promoting the efficient allocation of prison resources has been recognized as a legitimate governmental interest. | {
"signal": "see",
"identifier": null,
"parenthetical": "prison's policy of providing Muslim inmates vegetarian meals, rather than Halal meals with meat in conformance with the Muslim inmates' religious beliefs, was rationally related to legitimate peno-logical interests in, among other things, simplified food se... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing prison's legitimate penological interest in efficient and economical operations in the context of an alleged Establishment Clause violation",
"sentence": "See also Orafan v. Goord, 411 F.Supp.2d 153 (N.D.N.Y.2006) (recognizing prison’s le... | 2,670,456 | a |
Promoting the efficient allocation of prison resources has been recognized as a legitimate governmental interest. | {
"signal": "see also",
"identifier": null,
"parenthetical": "County's act of deducting payments from prisoner's inmate trust account for medical services rendered was rationally related to county's legitimate interest in the efficient use of prison resources for purposes of Equal Protection Claim",
"sentence":... | {
"signal": "see",
"identifier": null,
"parenthetical": "prison's policy of providing Muslim inmates vegetarian meals, rather than Halal meals with meat in conformance with the Muslim inmates' religious beliefs, was rationally related to legitimate peno-logical interests in, among other things, simplified food se... | 2,670,456 | b |
Such findings would have served as com pelling mitigating evidence. Although counsel consulted with Wearry and interviewed his family, he failed to conduct a meaningful investigation into his mental health and childhood, which may have persuaded jurors to spare his life. | {
"signal": "see also",
"identifier": "492 U.S. 302, 319",
"parenthetical": "\"[Evidence about defendant's background and character is relevant because of the belief ... that defendants who commit criminal acts that are attributable to ... emotional or mental problems ... may be less culpable than defendants who ... | {
"signal": "see",
"identifier": "558 U.S. 30, 41",
"parenthetical": "finding that evidence of poor mental health or mental impairment, in addition to other mitigating evidence, could influence a jury's appraisal of ^defendant's moral culpability",
"sentence": "See, e.g., Porter v. McCollum, 558 U.S. 30, 41, 13... | 6,879,472 | b |
Such findings would have served as com pelling mitigating evidence. Although counsel consulted with Wearry and interviewed his family, he failed to conduct a meaningful investigation into his mental health and childhood, which may have persuaded jurors to spare his life. | {
"signal": "see",
"identifier": "558 U.S. 30, 41",
"parenthetical": "finding that evidence of poor mental health or mental impairment, in addition to other mitigating evidence, could influence a jury's appraisal of ^defendant's moral culpability",
"sentence": "See, e.g., Porter v. McCollum, 558 U.S. 30, 41, 13... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[Evidence about defendant's background and character is relevant because of the belief ... that defendants who commit criminal acts that are attributable to ... emotional or mental problems ... may be less culpable than defendants who have no such ex... | 6,879,472 | a |
Such findings would have served as com pelling mitigating evidence. Although counsel consulted with Wearry and interviewed his family, he failed to conduct a meaningful investigation into his mental health and childhood, which may have persuaded jurors to spare his life. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[Evidence about defendant's background and character is relevant because of the belief ... that defendants who commit criminal acts that are attributable to ... emotional or mental problems ... may be less culpable than defendants who have no such ex... | {
"signal": "see",
"identifier": "558 U.S. 30, 41",
"parenthetical": "finding that evidence of poor mental health or mental impairment, in addition to other mitigating evidence, could influence a jury's appraisal of ^defendant's moral culpability",
"sentence": "See, e.g., Porter v. McCollum, 558 U.S. 30, 41, 13... | 6,879,472 | b |
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