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Second, the fact that the Defendants are all governmental entities is compelling as well. The public's interest in accessing a settlement forming part of the public record is strong enough as it is, but it becomes even more so when the government is a party to that agreement. In such cases, the right of access plays an...
{ "signal": "see also", "identifier": null, "parenthetical": "holding that a group of concerned citizens could have ac cess to files relating to county officials' possible conversion of funds", "sentence": "See, e.g., Nixon, 435 U.S. at 597-598, 98 S.Ct. 1306 (noting that the right of access is especially impor...
{ "signal": "see", "identifier": null, "parenthetical": "noting that the right of access is especially important when sought to keep a watchful eye on the workings of public agencies", "sentence": "See, e.g., Nixon, 435 U.S. at 597-598, 98 S.Ct. 1306 (noting that the right of access is especially important when...
5,319,410
b
Second, the fact that the Defendants are all governmental entities is compelling as well. The public's interest in accessing a settlement forming part of the public record is strong enough as it is, but it becomes even more so when the government is a party to that agreement. In such cases, the right of access plays an...
{ "signal": "see also", "identifier": null, "parenthetical": "holding that a group of concerned citizens could have ac cess to files relating to county officials' possible conversion of funds", "sentence": "See, e.g., Nixon, 435 U.S. at 597-598, 98 S.Ct. 1306 (noting that the right of access is especially impor...
{ "signal": "see", "identifier": null, "parenthetical": "noting that the right of access is especially important when sought to keep a watchful eye on the workings of public agencies", "sentence": "See, e.g., Nixon, 435 U.S. at 597-598, 98 S.Ct. 1306 (noting that the right of access is especially important when...
5,319,410
b
Second, the fact that the Defendants are all governmental entities is compelling as well. The public's interest in accessing a settlement forming part of the public record is strong enough as it is, but it becomes even more so when the government is a party to that agreement. In such cases, the right of access plays an...
{ "signal": "see also", "identifier": null, "parenthetical": "allowing a taxpayer access to papers related to applications for licenses to sell alcohol when taxpayer thought that law was not being followed", "sentence": "See, e.g., Nixon, 435 U.S. at 597-598, 98 S.Ct. 1306 (noting that the right of access is es...
{ "signal": "see", "identifier": null, "parenthetical": "noting that the right of access is especially important when sought to keep a watchful eye on the workings of public agencies", "sentence": "See, e.g., Nixon, 435 U.S. at 597-598, 98 S.Ct. 1306 (noting that the right of access is especially important when...
5,319,410
b
Second, the fact that the Defendants are all governmental entities is compelling as well. The public's interest in accessing a settlement forming part of the public record is strong enough as it is, but it becomes even more so when the government is a party to that agreement. In such cases, the right of access plays an...
{ "signal": "see also", "identifier": "41 N.J.L. 332, 336", "parenthetical": "allowing a taxpayer access to papers related to applications for licenses to sell alcohol when taxpayer thought that law was not being followed", "sentence": "See, e.g., Nixon, 435 U.S. at 597-598, 98 S.Ct. 1306 (noting that the right...
{ "signal": "see", "identifier": null, "parenthetical": "noting that the right of access is especially important when sought to keep a watchful eye on the workings of public agencies", "sentence": "See, e.g., Nixon, 435 U.S. at 597-598, 98 S.Ct. 1306 (noting that the right of access is especially important when...
5,319,410
b
The Advisory Committee's notes to Rule 407 direct the court to consider the "event" as being the occurrence of injury. Id., advisory committee's note, 1997 amendments. The Fourth Circuit authority cited by Con-Way is not to the contrary.
{ "signal": "see also", "identifier": "628 F.2d 848, 857-58", "parenthetical": "applying rule in both negligence and strict liability actions, policy of rule being to encourage remedial measures", "sentence": "See Chase v. General Motors Corp., 856 F.2d 17, 21 (4th Cir.1988) (excluding evidence of automobile re...
{ "signal": "see", "identifier": "856 F.2d 17, 21", "parenthetical": "excluding evidence of automobile recall in products liability action based on faulty brake design, but admitting evidence of changes in brake design that were made before plaintiffs accident", "sentence": "See Chase v. General Motors Corp., 8...
952,742
b
The admiralty statute does not limit jurisdiction to a particular party, as do the FTCA and the Federal Employers' Liability Act (FELA), 45 U.S.C. SS 51 et seq., 56.
{ "signal": "see", "identifier": null, "parenthetical": "45 U.S.C. SS 51 imposes liability on \"[ejvery common carrier by railroad\"", "sentence": "See Lockard v. Missouri Pac. R.R. Co., 894 F.2d 299 (8th Cir.1990) (45 U.S.C. § 51 imposes liability on “[ejvery common carrier by railroad”); see also Iron Workers...
{ "signal": "see also", "identifier": "891 F.2d 548, 551", "parenthetical": "no pendent-party jurisdiction under Employee Retirement Income Security Act, 29 U.S.C. SS 1132(e", "sentence": "See Lockard v. Missouri Pac. R.R. Co., 894 F.2d 299 (8th Cir.1990) (45 U.S.C. § 51 imposes liability on “[ejvery common car...
10,547,498
a
P 11. We acknowledge that a 2007 amendment indeed later authorized the involvement of law enforcement in investigations and specified that such authorized involvement included posing as a child. Nonetheless, the State indicted Shaffer prior to the 2007 amendment, and we refrain from retroactively applying any interpret...
{ "signal": "see also", "identifier": null, "parenthetical": "Solicitation of sexual abuse does not require criminal behavior by the person being solicited but merely complicity or participation in the commission of a crime.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. 376, 92 L.Ed. 442 ...
{ "signal": "see", "identifier": "333 U.S. 18, 25", "parenthetical": "A statute imposing criminal penalties must be \"strictly construed\" in favor of the accused.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. 376, 92 L.Ed. 442 (1948) (A statute imposing criminal penalties must be “strict...
7,030,282
b
P 11. We acknowledge that a 2007 amendment indeed later authorized the involvement of law enforcement in investigations and specified that such authorized involvement included posing as a child. Nonetheless, the State indicted Shaffer prior to the 2007 amendment, and we refrain from retroactively applying any interpret...
{ "signal": "see", "identifier": "333 U.S. 18, 25", "parenthetical": "A statute imposing criminal penalties must be \"strictly construed\" in favor of the accused.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. 376, 92 L.Ed. 442 (1948) (A statute imposing criminal penalties must be “strict...
{ "signal": "see also", "identifier": "535 A.2d 602, 606-07", "parenthetical": "Solicitation of sexual abuse does not require criminal behavior by the person being solicited but merely complicity or participation in the commission of a crime.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. ...
7,030,282
a
P 11. We acknowledge that a 2007 amendment indeed later authorized the involvement of law enforcement in investigations and specified that such authorized involvement included posing as a child. Nonetheless, the State indicted Shaffer prior to the 2007 amendment, and we refrain from retroactively applying any interpret...
{ "signal": "see", "identifier": null, "parenthetical": "A statute imposing criminal penalties must be \"strictly construed\" in favor of the accused.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. 376, 92 L.Ed. 442 (1948) (A statute imposing criminal penalties must be “strictly construed”...
{ "signal": "see also", "identifier": null, "parenthetical": "Solicitation of sexual abuse does not require criminal behavior by the person being solicited but merely complicity or participation in the commission of a crime.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. 376, 92 L.Ed. 442 ...
7,030,282
a
P 11. We acknowledge that a 2007 amendment indeed later authorized the involvement of law enforcement in investigations and specified that such authorized involvement included posing as a child. Nonetheless, the State indicted Shaffer prior to the 2007 amendment, and we refrain from retroactively applying any interpret...
{ "signal": "see also", "identifier": "535 A.2d 602, 606-07", "parenthetical": "Solicitation of sexual abuse does not require criminal behavior by the person being solicited but merely complicity or participation in the commission of a crime.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. ...
{ "signal": "see", "identifier": null, "parenthetical": "A statute imposing criminal penalties must be \"strictly construed\" in favor of the accused.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. 376, 92 L.Ed. 442 (1948) (A statute imposing criminal penalties must be “strictly construed”...
7,030,282
b
P 11. We acknowledge that a 2007 amendment indeed later authorized the involvement of law enforcement in investigations and specified that such authorized involvement included posing as a child. Nonetheless, the State indicted Shaffer prior to the 2007 amendment, and we refrain from retroactively applying any interpret...
{ "signal": "see", "identifier": null, "parenthetical": "A statute imposing criminal penalties must be \"strictly construed\" in favor of the accused.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. 376, 92 L.Ed. 442 (1948) (A statute imposing criminal penalties must be “strictly construed”...
{ "signal": "see also", "identifier": null, "parenthetical": "Solicitation of sexual abuse does not require criminal behavior by the person being solicited but merely complicity or participation in the commission of a crime.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. 376, 92 L.Ed. 442 ...
7,030,282
a
P 11. We acknowledge that a 2007 amendment indeed later authorized the involvement of law enforcement in investigations and specified that such authorized involvement included posing as a child. Nonetheless, the State indicted Shaffer prior to the 2007 amendment, and we refrain from retroactively applying any interpret...
{ "signal": "see also", "identifier": "535 A.2d 602, 606-07", "parenthetical": "Solicitation of sexual abuse does not require criminal behavior by the person being solicited but merely complicity or participation in the commission of a crime.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. ...
{ "signal": "see", "identifier": null, "parenthetical": "A statute imposing criminal penalties must be \"strictly construed\" in favor of the accused.", "sentence": "See United States v. Brown, 333 U.S. 18, 25, 68 S.Ct. 376, 92 L.Ed. 442 (1948) (A statute imposing criminal penalties must be “strictly construed”...
7,030,282
b
As to the Barnett testimony, the prosecutor may not, by innuendo, attack a witness' credibility by asking about a witness' criminal conduct when the prosecutor has no basis for the question.
{ "signal": "see", "identifier": "753 F.2d 1460, 1463-64", "parenthetical": "prosecutor may not question character witness about accused's misconduct absent good faith belief that misconduct occurred", "sentence": "See United States v. Davenport, 753 F.2d 1460, 1463-64 (9th Cir.1985) (prosecutor may not questio...
{ "signal": "see also", "identifier": "482 F.2d 850, 852", "parenthetical": "attempt to impeach witness by showing merely an accusation of misconduct has been uniformly prohibited", "sentence": "See United States v. Davenport, 753 F.2d 1460, 1463-64 (9th Cir.1985) (prosecutor may not question character witness ...
1,825,453
a
As to the Barnett testimony, the prosecutor may not, by innuendo, attack a witness' credibility by asking about a witness' criminal conduct when the prosecutor has no basis for the question.
{ "signal": "see", "identifier": "753 F.2d 1460, 1463-64", "parenthetical": "prosecutor may not question character witness about accused's misconduct absent good faith belief that misconduct occurred", "sentence": "See United States v. Davenport, 753 F.2d 1460, 1463-64 (9th Cir.1985) (prosecutor may not questio...
{ "signal": "see also", "identifier": null, "parenthetical": "attempt to impeach witness by showing merely an accusation of misconduct has been uniformly prohibited", "sentence": "See United States v. Davenport, 753 F.2d 1460, 1463-64 (9th Cir.1985) (prosecutor may not question character witness about accused’s...
1,825,453
a
As to the Barnett testimony, the prosecutor may not, by innuendo, attack a witness' credibility by asking about a witness' criminal conduct when the prosecutor has no basis for the question.
{ "signal": "see", "identifier": "753 F.2d 1460, 1463-64", "parenthetical": "prosecutor may not question character witness about accused's misconduct absent good faith belief that misconduct occurred", "sentence": "See United States v. Davenport, 753 F.2d 1460, 1463-64 (9th Cir.1985) (prosecutor may not questio...
{ "signal": "see also", "identifier": null, "parenthetical": "attempt to impeach witness by showing merely an accusation of misconduct has been uniformly prohibited", "sentence": "See United States v. Davenport, 753 F.2d 1460, 1463-64 (9th Cir.1985) (prosecutor may not question character witness about accused’s...
1,825,453
a
As to the Barnett testimony, the prosecutor may not, by innuendo, attack a witness' credibility by asking about a witness' criminal conduct when the prosecutor has no basis for the question.
{ "signal": "see also", "identifier": null, "parenthetical": "attempt to impeach witness by showing merely an accusation of misconduct has been uniformly prohibited", "sentence": "See United States v. Davenport, 753 F.2d 1460, 1463-64 (9th Cir.1985) (prosecutor may not question character witness about accused’s...
{ "signal": "see", "identifier": "753 F.2d 1460, 1463-64", "parenthetical": "prosecutor may not question character witness about accused's misconduct absent good faith belief that misconduct occurred", "sentence": "See United States v. Davenport, 753 F.2d 1460, 1463-64 (9th Cir.1985) (prosecutor may not questio...
1,825,453
b
As the United States Supreme Court recognized, the court in a partnership-level TEFRA proceeding is "not required to shut its eyes" to the tax consequences of the court's decision, even if the "formal adjustment" of the partners tax liability will occur at a subsequent proceeding.
{ "signal": "see", "identifier": "795 F.3d 1364, 1364", "parenthetical": "\"[T]ax is paid only on the partner's individual returns, but [a partnership's] tax treatment is determined and assessed at the partnership level\"", "sentence": "See BASR Partnership, 795 F.3d at 1364 (“[T]ax is paid only on the partner’...
{ "signal": "see also", "identifier": "551 F.3d 1363, 1363", "parenthetical": "holding that the statute of limitations is a \"partnership item\" under TEFRA", "sentence": "See BASR Partnership, 795 F.3d at 1364 (“[T]ax is paid only on the partner’s individual returns, but [a partnership’s] tax treatment is dete...
12,322,582
a
As the United States Supreme Court recognized, the court in a partnership-level TEFRA proceeding is "not required to shut its eyes" to the tax consequences of the court's decision, even if the "formal adjustment" of the partners tax liability will occur at a subsequent proceeding.
{ "signal": "see", "identifier": "795 F.3d 1364, 1364", "parenthetical": "\"[T]ax is paid only on the partner's individual returns, but [a partnership's] tax treatment is determined and assessed at the partnership level\"", "sentence": "See BASR Partnership, 795 F.3d at 1364 (“[T]ax is paid only on the partner’...
{ "signal": "see also", "identifier": "603 F.3d 1301, 1307", "parenthetical": "\"Based on Keener, we hold that the statute of limitations issue is a partnership item.\"", "sentence": "See BASR Partnership, 795 F.3d at 1364 (“[T]ax is paid only on the partner’s individual returns, but [a partnership’s] tax treat...
12,322,582
a
Carter's constructive discharge claim fails because he is unable to show the intolerable nature of the abuse he faced. The "severe and pervasive" standard required to state a hostile work environment claim is lower than the "intolerability" standard required for a constructive discharge claim, and thus a finding that C...
{ "signal": "see also", "identifier": "469 F.3d 311, 317", "parenthetical": "\"To prove constructive discharge, the plaintiff must demonstrate a greater severity of pervasiveness of harassment than the minimum required to prove a hostile work environment.\"", "sentence": "See Tutman v. WBBM-TV, Inc./CBS, Inc., ...
{ "signal": "see", "identifier": "209 F.3d 1044, 1050", "parenthetical": "\"[W]orking conditions for constructive discharge must be even more egregious than the high standard for hostile work environment.\"", "sentence": "See Tutman v. WBBM-TV, Inc./CBS, Inc., 209 F.3d 1044, 1050 (7th Cir.2000) (“[W]orking cond...
4,202,490
b
Our starting point is the text of the IDEA. When Congress provides a "detailed exhaustion scheme," courts generally lack discretion to add additional exhaustion requirements to the scheme.
{ "signal": "no signal", "identifier": "457 U.S. 509, 509-511", "parenthetical": "holding that detailed exhaustion scheme of the Civil Rights of Institutionalized Persons Act (\"CRIPA\"", "sentence": "Patsy, 457 U.S. at 509-511, 102 S.Ct. 2557 (holding that detailed exhaustion scheme of the Civil Rights of Inst...
{ "signal": "see also", "identifier": "509 U.S. 137, 146-47", "parenthetical": "holding that it would be inconsistent with Congress' intent to require exhaustion of \"optional appeals\" through state procedures after \"an aggrieved party has exhausted all administrative remedies expressly prescribed\" by Congress...
11,357,107
a
Our starting point is the text of the IDEA. When Congress provides a "detailed exhaustion scheme," courts generally lack discretion to add additional exhaustion requirements to the scheme.
{ "signal": "see also", "identifier": null, "parenthetical": "holding that it would be inconsistent with Congress' intent to require exhaustion of \"optional appeals\" through state procedures after \"an aggrieved party has exhausted all administrative remedies expressly prescribed\" by Congress in the Administra...
{ "signal": "no signal", "identifier": "457 U.S. 509, 509-511", "parenthetical": "holding that detailed exhaustion scheme of the Civil Rights of Institutionalized Persons Act (\"CRIPA\"", "sentence": "Patsy, 457 U.S. at 509-511, 102 S.Ct. 2557 (holding that detailed exhaustion scheme of the Civil Rights of Inst...
11,357,107
b
Our starting point is the text of the IDEA. When Congress provides a "detailed exhaustion scheme," courts generally lack discretion to add additional exhaustion requirements to the scheme.
{ "signal": "see also", "identifier": null, "parenthetical": "holding that it would be inconsistent with Congress' intent to require exhaustion of \"optional appeals\" through state procedures after \"an aggrieved party has exhausted all administrative remedies expressly prescribed\" by Congress in the Administra...
{ "signal": "no signal", "identifier": "457 U.S. 509, 509-511", "parenthetical": "holding that detailed exhaustion scheme of the Civil Rights of Institutionalized Persons Act (\"CRIPA\"", "sentence": "Patsy, 457 U.S. at 509-511, 102 S.Ct. 2557 (holding that detailed exhaustion scheme of the Civil Rights of Inst...
11,357,107
b
Our starting point is the text of the IDEA. When Congress provides a "detailed exhaustion scheme," courts generally lack discretion to add additional exhaustion requirements to the scheme.
{ "signal": "see also", "identifier": "509 U.S. 137, 146-47", "parenthetical": "holding that it would be inconsistent with Congress' intent to require exhaustion of \"optional appeals\" through state procedures after \"an aggrieved party has exhausted all administrative remedies expressly prescribed\" by Congress...
{ "signal": "no signal", "identifier": null, "parenthetical": "holding that detailed exhaustion scheme of the Civil Rights of Institutionalized Persons Act (\"CRIPA\"", "sentence": "Patsy, 457 U.S. at 509-511, 102 S.Ct. 2557 (holding that detailed exhaustion scheme of the Civil Rights of Institutionalized Perso...
11,357,107
b
Our starting point is the text of the IDEA. When Congress provides a "detailed exhaustion scheme," courts generally lack discretion to add additional exhaustion requirements to the scheme.
{ "signal": "see also", "identifier": null, "parenthetical": "holding that it would be inconsistent with Congress' intent to require exhaustion of \"optional appeals\" through state procedures after \"an aggrieved party has exhausted all administrative remedies expressly prescribed\" by Congress in the Administra...
{ "signal": "no signal", "identifier": null, "parenthetical": "holding that detailed exhaustion scheme of the Civil Rights of Institutionalized Persons Act (\"CRIPA\"", "sentence": "Patsy, 457 U.S. at 509-511, 102 S.Ct. 2557 (holding that detailed exhaustion scheme of the Civil Rights of Institutionalized Perso...
11,357,107
b
Our starting point is the text of the IDEA. When Congress provides a "detailed exhaustion scheme," courts generally lack discretion to add additional exhaustion requirements to the scheme.
{ "signal": "no signal", "identifier": null, "parenthetical": "holding that detailed exhaustion scheme of the Civil Rights of Institutionalized Persons Act (\"CRIPA\"", "sentence": "Patsy, 457 U.S. at 509-511, 102 S.Ct. 2557 (holding that detailed exhaustion scheme of the Civil Rights of Institutionalized Perso...
{ "signal": "see also", "identifier": null, "parenthetical": "holding that it would be inconsistent with Congress' intent to require exhaustion of \"optional appeals\" through state procedures after \"an aggrieved party has exhausted all administrative remedies expressly prescribed\" by Congress in the Administra...
11,357,107
a
Upon being informed of his rights by a CID agent, PFC Reeves requests ed counsel and the CID agent terminated the interview. Later that day, when PFC Reeves was being in-processed for pretrial confinement, his company commander went to see PFC Reeves and "talk to [him]." Id. at 235. The CMA held that PFC Reeves's compa...
{ "signal": "see", "identifier": "29 M.J. 177, 191", "parenthetical": "stating that \"a suspect who is in custody and has requested counsel cannot be interrogated unless and until he has 'initiated' a discussion\"", "sentence": "Id. at 237 (citing Bradshaw); see United States v. Jordan, 29 M.J. 177, 191 (C.M.A....
{ "signal": "see also", "identifier": "34 M.J. 344, 347", "parenthetical": "stating that Specialist Watkins, after having invoked his right to counsel, \"initiated the subsequent exchange by asking the agent whether he preferred military or civilian counsel and how much punishment [he] was facing\"", "sentence"...
4,280,743
a
One important factor in determining whether a claimant has elected to proceed in admiralty is whether he demanded a jury trial.
{ "signal": "cf.", "identifier": "125 F.R.D. 5, 8", "parenthetical": "'Where a claim is made in accordance with Rule 9(h", "sentence": "Lewis v. United States, 812 F.Supp. 620, 627 (E.D.Va.1993) (holding that a demand for a trial by jury “is inconsistent with an intent to proceed in admiralty”); cf. Royal Ins. ...
{ "signal": "no signal", "identifier": "812 F.Supp. 620, 627", "parenthetical": "holding that a demand for a trial by jury \"is inconsistent with an intent to proceed in admiralty\"", "sentence": "Lewis v. United States, 812 F.Supp. 620, 627 (E.D.Va.1993) (holding that a demand for a trial by jury “is inconsist...
11,973,634
b
One important factor in determining whether a claimant has elected to proceed in admiralty is whether he demanded a jury trial.
{ "signal": "cf.", "identifier": "43 F.R.D. 374, 376-77", "parenthetical": "holding that a complaint that asserts both admiralty jurisdiction and diversity jurisdiction is not an adequate 9(h", "sentence": "Lewis v. United States, 812 F.Supp. 620, 627 (E.D.Va.1993) (holding that a demand for a trial by jury “is...
{ "signal": "no signal", "identifier": "812 F.Supp. 620, 627", "parenthetical": "holding that a demand for a trial by jury \"is inconsistent with an intent to proceed in admiralty\"", "sentence": "Lewis v. United States, 812 F.Supp. 620, 627 (E.D.Va.1993) (holding that a demand for a trial by jury “is inconsist...
11,973,634
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see also", "identifier": null, "parenthetical": "radio portion of automobile telephone communications not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of c...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
{ "signal": "see also", "identifier": null, "parenthetical": "messages sent through pocket pagers not \"wire communications\" under Florida statute because statute applies \"only to so much of the communication as is actually transmitted by wire and not broadcast in a manner available to the public\"", "sentenc...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
{ "signal": "but see", "identifier": null, "parenthetical": "1968 federal definition of \"wire communication\" includes conversations over automobile radio telephones", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio po...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "but see", "identifier": null, "parenthetical": "state statutory definition of \"telephonic communication\" encompasses cordless telephone communication", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio port...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
{ "signal": "see also", "identifier": null, "parenthetical": "radio portion of automobile telephone communications not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of c...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see also", "identifier": null, "parenthetical": "messages sent through pocket pagers not \"wire communications\" under Florida statute because statute applies \"only to so much of the communication as is actually transmitted by wire and not broadcast in a manner available to the public\"", "sentenc...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
{ "signal": "but see", "identifier": null, "parenthetical": "1968 federal definition of \"wire communication\" includes conversations over automobile radio telephones", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio po...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "but see", "identifier": null, "parenthetical": "state statutory definition of \"telephonic communication\" encompasses cordless telephone communication", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio port...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
{ "signal": "see also", "identifier": null, "parenthetical": "radio portion of automobile telephone communications not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of c...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
{ "signal": "see also", "identifier": null, "parenthetical": "messages sent through pocket pagers not \"wire communications\" under Florida statute because statute applies \"only to so much of the communication as is actually transmitted by wire and not broadcast in a manner available to the public\"", "sentenc...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "but see", "identifier": null, "parenthetical": "1968 federal definition of \"wire communication\" includes conversations over automobile radio telephones", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio po...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "but see", "identifier": null, "parenthetical": "state statutory definition of \"telephonic communication\" encompasses cordless telephone communication", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio port...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see also", "identifier": null, "parenthetical": "radio portion of automobile telephone communications not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of c...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
{ "signal": "see also", "identifier": null, "parenthetical": "messages sent through pocket pagers not \"wire communications\" under Florida statute because statute applies \"only to so much of the communication as is actually transmitted by wire and not broadcast in a manner available to the public\"", "sentenc...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "but see", "identifier": null, "parenthetical": "1968 federal definition of \"wire communication\" includes conversations over automobile radio telephones", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio po...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of cordless ...
{ "signal": "but see", "identifier": null, "parenthetical": "state statutory definition of \"telephonic communication\" encompasses cordless telephone communication", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio port...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see also", "identifier": null, "parenthetical": "radio portion of automobile telephone communications not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of c...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not a \"wire communication\" as defined in Wisconsin Electronic Surveillance Control Law", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see also", "identifier": null, "parenthetical": "messages sent through pocket pagers not \"wire communications\" under Florida statute because statute applies \"only to so much of the communication as is actually transmitted by wire and not broadcast in a manner available to the public\"", "sentenc...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not a \"wire communication\" as defined in Wisconsin Electronic Surveillance Control Law", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not a \"wire communication\" as defined in Wisconsin Electronic Surveillance Control Law", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L...
{ "signal": "but see", "identifier": null, "parenthetical": "1968 federal definition of \"wire communication\" includes conversations over automobile radio telephones", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio po...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not a \"wire communication\" as defined in Wisconsin Electronic Surveillance Control Law", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L...
{ "signal": "but see", "identifier": null, "parenthetical": "state statutory definition of \"telephonic communication\" encompasses cordless telephone communication", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio port...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not a \"wire communication\" as defined in Wisconsin Electronic Surveillance Control Law", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L...
{ "signal": "see also", "identifier": null, "parenthetical": "radio portion of automobile telephone communications not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of c...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not a \"wire communication\" as defined in Wisconsin Electronic Surveillance Control Law", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L...
{ "signal": "see also", "identifier": null, "parenthetical": "messages sent through pocket pagers not \"wire communications\" under Florida statute because statute applies \"only to so much of the communication as is actually transmitted by wire and not broadcast in a manner available to the public\"", "sentenc...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "but see", "identifier": null, "parenthetical": "1968 federal definition of \"wire communication\" includes conversations over automobile radio telephones", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio po...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not a \"wire communication\" as defined in Wisconsin Electronic Surveillance Control Law", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "but see", "identifier": null, "parenthetical": "state statutory definition of \"telephonic communication\" encompasses cordless telephone communication", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio port...
{ "signal": "see", "identifier": null, "parenthetical": "radio portion of cordless telephone conversations not a \"wire communication\" as defined in Wisconsin Electronic Surveillance Control Law", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "but see", "identifier": null, "parenthetical": "1968 federal definition of \"wire communication\" includes conversations over automobile radio telephones", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio po...
{ "signal": "see also", "identifier": null, "parenthetical": "radio portion of automobile telephone communications not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of c...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "but see", "identifier": null, "parenthetical": "state statutory definition of \"telephonic communication\" encompasses cordless telephone communication", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio port...
{ "signal": "see also", "identifier": null, "parenthetical": "radio portion of automobile telephone communications not protected by 1968 federal wiretap act", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio portion of c...
549,822
b
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "see also", "identifier": null, "parenthetical": "messages sent through pocket pagers not \"wire communications\" under Florida statute because statute applies \"only to so much of the communication as is actually transmitted by wire and not broadcast in a manner available to the public\"", "sentenc...
{ "signal": "but see", "identifier": null, "parenthetical": "1968 federal definition of \"wire communication\" includes conversations over automobile radio telephones", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio po...
549,822
a
We recognize that this decision runs counter to the numerical weight of authority in other jurisdictions where courts have interpreted either the original federal definition of "wire communication" or similar defi nitions in their own states.
{ "signal": "but see", "identifier": null, "parenthetical": "state statutory definition of \"telephonic communication\" encompasses cordless telephone communication", "sentence": "See Tyler v. Berodt, 877 F.2d 705 (8th Cir. 1989), cert. denied, 493 U.S. 1022, 110 S. Ct. 723, 107 L. Ed. 2d 743 (1990) (radio port...
{ "signal": "see also", "identifier": null, "parenthetical": "messages sent through pocket pagers not \"wire communications\" under Florida statute because statute applies \"only to so much of the communication as is actually transmitted by wire and not broadcast in a manner available to the public\"", "sentenc...
549,822
b
. Though styled a "conditional cross-appeal" in plaintiffs' response brief, we construe the argument as an alternative legal justification for the district court's judgment.
{ "signal": "see also", "identifier": "753 F.3d 661, 664", "parenthetical": "\"Appellate courts reviewing grants of summary judgment may affirm on any grounds supported by the record.\"", "sentence": "See ASARCO, Inc. V. Secy of Labor, 206 F.3d 720, 722 (6th Cir.2000) (\"It is a well settled principle that a pr...
{ "signal": "see", "identifier": "206 F.3d 720, 722", "parenthetical": "\"It is a well settled principle that a prevailing party cannot appeal an unfavorable aspect of a decision in its favor.\"", "sentence": "See ASARCO, Inc. V. Secy of Labor, 206 F.3d 720, 722 (6th Cir.2000) (\"It is a well settled principle ...
4,265,938
b
. Though styled a "conditional cross-appeal" in plaintiffs' response brief, we construe the argument as an alternative legal justification for the district court's judgment.
{ "signal": "see", "identifier": "206 F.3d 720, 722", "parenthetical": "\"It is a well settled principle that a prevailing party cannot appeal an unfavorable aspect of a decision in its favor.\"", "sentence": "See ASARCO, Inc. V. Secy of Labor, 206 F.3d 720, 722 (6th Cir.2000) (\"It is a well settled principle ...
{ "signal": "see also", "identifier": "210 F.3d 1334, 1338", "parenthetical": "applying similar standard to post-trial motions for judgment as a matter of law, considering preserved alternative legal arguments", "sentence": "See ASARCO, Inc. V. Secy of Labor, 206 F.3d 720, 722 (6th Cir.2000) (\"It is a well set...
4,265,938
a
The PCRA provides specific criteria to be eligible for relief, requiring a petitioner to be serving a sentence and be able to prove that the conviction resulted from one of several enumerated events, including the ineffective assistance of counsel. See 42 Pa.C.S. 9543(a). Because Petitioner alleged claims of ineffectiv...
{ "signal": "see", "identifier": "722 A.2d 641, 641", "parenthetical": "holding that because an untimely PCRA petition was premised on claims that were cognizable under the PCRA, the statutory writ of habeas corpus was unavailable", "sentence": "See Peterkin, 722 A.2d at 641 (holding that because an untimely PC...
{ "signal": "see also", "identifier": null, "parenthetical": "\"rare instances\" in which review outside of the PCRA is possible are those in which the petitioner \"never was eligible for review under the PCRA.\"", "sentence": "See also Commonwealth v. Hall, 565 Pa. 92, 771 A.2d 1232, 1236-37 (2001) (“rare inst...
7,303,667
a
The PCRA provides specific criteria to be eligible for relief, requiring a petitioner to be serving a sentence and be able to prove that the conviction resulted from one of several enumerated events, including the ineffective assistance of counsel. See 42 Pa.C.S. 9543(a). Because Petitioner alleged claims of ineffectiv...
{ "signal": "see also", "identifier": "771 A.2d 1232, 1236-37", "parenthetical": "\"rare instances\" in which review outside of the PCRA is possible are those in which the petitioner \"never was eligible for review under the PCRA.\"", "sentence": "See also Commonwealth v. Hall, 565 Pa. 92, 771 A.2d 1232, 1236-3...
{ "signal": "see", "identifier": "722 A.2d 641, 641", "parenthetical": "holding that because an untimely PCRA petition was premised on claims that were cognizable under the PCRA, the statutory writ of habeas corpus was unavailable", "sentence": "See Peterkin, 722 A.2d at 641 (holding that because an untimely PC...
7,303,667
b
. While it is incumbent upon this Court to refrain from the politics of insurance rate making, this Court encourages persons aggrieved by the regulatory policies and decisions of the Commissioner to rely upon the political process for accountability purposes.
{ "signal": "see", "identifier": "195 W.Va. 588, 588", "parenthetical": "\"We are not at liberty to affirm or overturn the [Tax] Commissioner's regulation or decision merely on the basis of our agreement or disagreement with his policy implications\"", "sentence": "See Appalachian Power, 195 W.Va. at 588, 466 S...
{ "signal": "see also", "identifier": "208 W.Va. 584, 589", "parenthetical": "\"While the reasons for separating the judiciary from politics are many and varied, there can be no question that the goal of removing politics and its attendant imbroglios from the judicial process is necessary to the proper functionin...
12,125,941
a
. While it is incumbent upon this Court to refrain from the politics of insurance rate making, this Court encourages persons aggrieved by the regulatory policies and decisions of the Commissioner to rely upon the political process for accountability purposes.
{ "signal": "see", "identifier": "195 W.Va. 588, 588", "parenthetical": "\"We are not at liberty to affirm or overturn the [Tax] Commissioner's regulation or decision merely on the basis of our agreement or disagreement with his policy implications\"", "sentence": "See Appalachian Power, 195 W.Va. at 588, 466 S...
{ "signal": "see also", "identifier": "542 S.E.2d 405, 410", "parenthetical": "\"While the reasons for separating the judiciary from politics are many and varied, there can be no question that the goal of removing politics and its attendant imbroglios from the judicial process is necessary to the proper functioni...
12,125,941
a
. While it is incumbent upon this Court to refrain from the politics of insurance rate making, this Court encourages persons aggrieved by the regulatory policies and decisions of the Commissioner to rely upon the political process for accountability purposes.
{ "signal": "see", "identifier": "466 S.E.2d 439, 439", "parenthetical": "\"We are not at liberty to affirm or overturn the [Tax] Commissioner's regulation or decision merely on the basis of our agreement or disagreement with his policy implications\"", "sentence": "See Appalachian Power, 195 W.Va. at 588, 466 ...
{ "signal": "see also", "identifier": "208 W.Va. 584, 589", "parenthetical": "\"While the reasons for separating the judiciary from politics are many and varied, there can be no question that the goal of removing politics and its attendant imbroglios from the judicial process is necessary to the proper functionin...
12,125,941
a
. While it is incumbent upon this Court to refrain from the politics of insurance rate making, this Court encourages persons aggrieved by the regulatory policies and decisions of the Commissioner to rely upon the political process for accountability purposes.
{ "signal": "see", "identifier": "466 S.E.2d 439, 439", "parenthetical": "\"We are not at liberty to affirm or overturn the [Tax] Commissioner's regulation or decision merely on the basis of our agreement or disagreement with his policy implications\"", "sentence": "See Appalachian Power, 195 W.Va. at 588, 466 ...
{ "signal": "see also", "identifier": "542 S.E.2d 405, 410", "parenthetical": "\"While the reasons for separating the judiciary from politics are many and varied, there can be no question that the goal of removing politics and its attendant imbroglios from the judicial process is necessary to the proper functioni...
12,125,941
a
Plaintiff asserts that his administrative discharge resulted in the stigmatization of his name because of the Other Than Honorable status, thereby invoking a liberty interest for which he was denied. The court recognizes Mr. Weaver was stigmatized by the Other Than Honorable administrative discharge for reasons of sexu...
{ "signal": "see", "identifier": "185 Ct.Cl. 454, 467", "parenthetical": "stigma attaches when, inter alia, the discharge certificate denotes the separation took place under derogatory circumstances", "sentence": "See Canonica v. United States, 41 Fed.Cl. 516, 524 (1998) (citations omitted) (noticing that, alth...
{ "signal": "see also", "identifier": null, "parenthetical": "stigmatization may occur upon the reception of a general discharge because the majority of discharges are honorable ones, and may result in significant disadvantages in the job market", "sentence": "See Canonica v. United States, 41 Fed.Cl. 516, 524 ...
7,738,976
a
Plaintiff asserts that his administrative discharge resulted in the stigmatization of his name because of the Other Than Honorable status, thereby invoking a liberty interest for which he was denied. The court recognizes Mr. Weaver was stigmatized by the Other Than Honorable administrative discharge for reasons of sexu...
{ "signal": "see", "identifier": null, "parenthetical": "stigma attaches when, inter alia, the discharge certificate denotes the separation took place under derogatory circumstances", "sentence": "See Canonica v. United States, 41 Fed.Cl. 516, 524 (1998) (citations omitted) (noticing that, although enlisted mem...
{ "signal": "see also", "identifier": null, "parenthetical": "stigmatization may occur upon the reception of a general discharge because the majority of discharges are honorable ones, and may result in significant disadvantages in the job market", "sentence": "See Canonica v. United States, 41 Fed.Cl. 516, 524 ...
7,738,976
a
A review of the record reveals that Defendants did argue, during their Rule 29 motions, that the government had not proved the MS was subject to United States jurisdiction; but Defendants made no objection to the district court's failure to instruct the jury that it must find that the MS was subject to United States ju...
{ "signal": "see also", "identifier": "810 F.2d 1010, 1014", "parenthetical": "district court has no duty to interpret imaginatively what lawyers say", "sentence": "See also United States v. Madruga, 810 F.2d 1010, 1014 (11th Cir.1987) (district court has no duty to interpret imaginatively what lawyers say)." }
{ "signal": "see", "identifier": "62 F.3d 1374, 1380-81", "parenthetical": "to preserve objection to jury instructions, party must object before jury retires, stating distinct grounds for objection", "sentence": "See United States v. Starke, 62 F.3d 1374, 1380-81 (11th Cir.1995) (to preserve objection to jury i...
9,045,977
b
Illinois courts have allowed non-consumers to bring actions under the Illinois Fraud Act in certain situations, such as when a deceptive statement to consumers alters the natural competition in the marketplace.
{ "signal": "see also", "identifier": "2008 WL 360692, at *3", "parenthetical": "stating that \"[c]ourts have allowed businesses to sue under the [Illinois Fraud Act] for competitive injury when other businesses deceive customers\" and \"[i]n such situations, there is no requirement that the deceptive conduct be ...
{ "signal": "see", "identifier": null, "parenthetical": "stating that \"[c]ourts have occasionally held that a claim can be stated under the [Illinois Fraud Act] even where the alleged deceptive statements are not directed specifically at the plaintiff\" but that \"these cases are typically brought by corporate p...
4,266,642
b
This interpretation is also supported by reading the language of section 40-6-118(6) in tandem with the court's duties under seetion 40-6-115(3) to determine whether the PUC has regularly pursued its authority, whether the decision of the PUC is just and reasonable, and whether the PUC's conclusions are in accordance w...
{ "signal": "no signal", "identifier": "135 Colo. 146, 154", "parenthetical": "noting that a court reviewing the action of an administrative agency should be placed in the same position as such agency, and therefore the agency's knowledge of a fact that is acted upon should become part of the record", "sentence...
{ "signal": "see also", "identifier": "653 F.Supp. 1229, 1236", "parenthetical": "\"if a court is to review an agency's action fairly, it should have before it neither more nor less information than did the agency when it made its decision\"", "sentence": "See also Pub. Citizen v. Heckler, 653 F.Supp. 1229, 123...
8,320,485
a
This interpretation is also supported by reading the language of section 40-6-118(6) in tandem with the court's duties under seetion 40-6-115(3) to determine whether the PUC has regularly pursued its authority, whether the decision of the PUC is just and reasonable, and whether the PUC's conclusions are in accordance w...
{ "signal": "no signal", "identifier": "309 P.2d 606, 610-11", "parenthetical": "noting that a court reviewing the action of an administrative agency should be placed in the same position as such agency, and therefore the agency's knowledge of a fact that is acted upon should become part of the record", "senten...
{ "signal": "see also", "identifier": "653 F.Supp. 1229, 1236", "parenthetical": "\"if a court is to review an agency's action fairly, it should have before it neither more nor less information than did the agency when it made its decision\"", "sentence": "See also Pub. Citizen v. Heckler, 653 F.Supp. 1229, 123...
8,320,485
a
Four years later, in 1991, the General Assembly amended the Public Records Act by replacing the phrase "state statute" with the phrase "state law." This Court has since held that the phrase "state law," added by the 1991 amendment, encompasses the Rules of Civil Procedure such that documents shielded by the Rules need ...
{ "signal": "see", "identifier": "924 S.W.2d 662, 662", "parenthetical": "holding that the Public Records Act does not mandate disclosure of documents sealed by a protective order entered pursuant to the Tennessee Rules of Civil Procedure", "sentence": "See Ballard, 924 S.W.2d at 662 (holding that the Public Re...
{ "signal": "see also", "identifier": "159 S.W.3d 565, 576", "parenthetical": "holding that the Public Records Act does not mandate disclosure of records protected by Tennessee Rule of Criminal Procedure 16", "sentence": "See Ballard, 924 S.W.2d at 662 (holding that the Public Records Act does not mandate discl...
8,374,475
a
Four years later, in 1991, the General Assembly amended the Public Records Act by replacing the phrase "state statute" with the phrase "state law." This Court has since held that the phrase "state law," added by the 1991 amendment, encompasses the Rules of Civil Procedure such that documents shielded by the Rules need ...
{ "signal": "see also", "identifier": "19 S.W.3d 786, 786", "parenthetical": "holding that the Public Records Act does not mandate disclosure of documents protected by the work product doctrine, codified as Tennessee Rule of Civil Procedure 26.02", "sentence": "See Ballard, 924 S.W.2d at 662 (holding that the P...
{ "signal": "see", "identifier": "924 S.W.2d 662, 662", "parenthetical": "holding that the Public Records Act does not mandate disclosure of documents sealed by a protective order entered pursuant to the Tennessee Rules of Civil Procedure", "sentence": "See Ballard, 924 S.W.2d at 662 (holding that the Public Re...
8,374,475
b
This argument is unavailing because Ramadan is not in tension with Fernandez. Ramadan did not change the legal landscape as to either constitutional claims (which could already be filed in this court under Fernandez) or as to non-constitutional challenges to the BIA's discretionary denials of motions to reopen (which s...
{ "signal": "see also", "identifier": "552 F.3d 980, 980-81", "parenthetical": "holding that Ramadan is inapplicable to the \" 'exceptional and extremely unusual hardship' standard\" because it is \"subjective\" unlike the \" 'changed circumstances' standard\" at issue in Ramadan", "sentence": "See Ramadan, 479...
{ "signal": "see", "identifier": "479 F.3d 654, 654", "parenthetical": "holding that the REAL ID Act \"does not restore jurisdiction over discretionary determinations\"", "sentence": "See Ramadan, 479 F.3d at 654 (holding that the REAL ID Act “does not restore jurisdiction over discretionary determinations”); s...
3,650,872
b
. This concept of disproportionality is not foreign to Fourth Amendment analysis. "The logic of distinguishing between minor and serious offenses in evaluating the reasonableness of ... searches is almost too clear for argument."
{ "signal": "cf.", "identifier": "466 U.S. 740, 750", "parenthetical": "\"[A] finding of exigent circumstances to justify a warrantless home entry should be severely restricted when only a minor offense has been committed .... \"", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d ...
{ "signal": "but cf.", "identifier": "414 U.S. 218, 234-35", "parenthetical": "finding an arrestee's charges to be irrelevant to the blanket constitutionality of searches incident to arrest", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Stevens, J., concurring & di...
4,215,327
a
. This concept of disproportionality is not foreign to Fourth Amendment analysis. "The logic of distinguishing between minor and serious offenses in evaluating the reasonableness of ... searches is almost too clear for argument."
{ "signal": "cf.", "identifier": "466 U.S. 740, 750", "parenthetical": "\"[A] finding of exigent circumstances to justify a warrantless home entry should be severely restricted when only a minor offense has been committed .... \"", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d ...
{ "signal": "but cf.", "identifier": null, "parenthetical": "finding an arrestee's charges to be irrelevant to the blanket constitutionality of searches incident to arrest", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Stevens, J., concurring & dissenting) (discuss...
4,215,327
a
. This concept of disproportionality is not foreign to Fourth Amendment analysis. "The logic of distinguishing between minor and serious offenses in evaluating the reasonableness of ... searches is almost too clear for argument."
{ "signal": "but cf.", "identifier": null, "parenthetical": "finding an arrestee's charges to be irrelevant to the blanket constitutionality of searches incident to arrest", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Stevens, J., concurring & dissenting) (discuss...
{ "signal": "cf.", "identifier": "466 U.S. 740, 750", "parenthetical": "\"[A] finding of exigent circumstances to justify a warrantless home entry should be severely restricted when only a minor offense has been committed .... \"", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d ...
4,215,327
b
. This concept of disproportionality is not foreign to Fourth Amendment analysis. "The logic of distinguishing between minor and serious offenses in evaluating the reasonableness of ... searches is almost too clear for argument."
{ "signal": "cf.", "identifier": null, "parenthetical": "\"[A] finding of exigent circumstances to justify a warrantless home entry should be severely restricted when only a minor offense has been committed .... \"", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Ste...
{ "signal": "but cf.", "identifier": "414 U.S. 218, 234-35", "parenthetical": "finding an arrestee's charges to be irrelevant to the blanket constitutionality of searches incident to arrest", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Stevens, J., concurring & di...
4,215,327
a
. This concept of disproportionality is not foreign to Fourth Amendment analysis. "The logic of distinguishing between minor and serious offenses in evaluating the reasonableness of ... searches is almost too clear for argument."
{ "signal": "but cf.", "identifier": null, "parenthetical": "finding an arrestee's charges to be irrelevant to the blanket constitutionality of searches incident to arrest", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Stevens, J., concurring & dissenting) (discuss...
{ "signal": "cf.", "identifier": null, "parenthetical": "\"[A] finding of exigent circumstances to justify a warrantless home entry should be severely restricted when only a minor offense has been committed .... \"", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Ste...
4,215,327
b
. This concept of disproportionality is not foreign to Fourth Amendment analysis. "The logic of distinguishing between minor and serious offenses in evaluating the reasonableness of ... searches is almost too clear for argument."
{ "signal": "but cf.", "identifier": null, "parenthetical": "finding an arrestee's charges to be irrelevant to the blanket constitutionality of searches incident to arrest", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Stevens, J., concurring & dissenting) (discuss...
{ "signal": "cf.", "identifier": null, "parenthetical": "\"[A] finding of exigent circumstances to justify a warrantless home entry should be severely restricted when only a minor offense has been committed .... \"", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Ste...
4,215,327
b
. This concept of disproportionality is not foreign to Fourth Amendment analysis. "The logic of distinguishing between minor and serious offenses in evaluating the reasonableness of ... searches is almost too clear for argument."
{ "signal": "but cf.", "identifier": "414 U.S. 218, 234-35", "parenthetical": "finding an arrestee's charges to be irrelevant to the blanket constitutionality of searches incident to arrest", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Stevens, J., concurring & di...
{ "signal": "cf.", "identifier": null, "parenthetical": "\"[A] finding of exigent circumstances to justify a warrantless home entry should be severely restricted when only a minor offense has been committed .... \"", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Ste...
4,215,327
b
. This concept of disproportionality is not foreign to Fourth Amendment analysis. "The logic of distinguishing between minor and serious offenses in evaluating the reasonableness of ... searches is almost too clear for argument."
{ "signal": "cf.", "identifier": null, "parenthetical": "\"[A] finding of exigent circumstances to justify a warrantless home entry should be severely restricted when only a minor offense has been committed .... \"", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Ste...
{ "signal": "but cf.", "identifier": null, "parenthetical": "finding an arrestee's charges to be irrelevant to the blanket constitutionality of searches incident to arrest", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Stevens, J., concurring & dissenting) (discuss...
4,215,327
a
. This concept of disproportionality is not foreign to Fourth Amendment analysis. "The logic of distinguishing between minor and serious offenses in evaluating the reasonableness of ... searches is almost too clear for argument."
{ "signal": "cf.", "identifier": null, "parenthetical": "\"[A] finding of exigent circumstances to justify a warrantless home entry should be severely restricted when only a minor offense has been committed .... \"", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Ste...
{ "signal": "but cf.", "identifier": null, "parenthetical": "finding an arrestee's charges to be irrelevant to the blanket constitutionality of searches incident to arrest", "sentence": "New Jersey v. T.L.O., 469 U.S. 325, 380, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Stevens, J., concurring & dissenting) (discuss...
4,215,327
a
In ground three of his January 21, 2014 motion, appellant alleged that defense counsel was ineffective for failing to move for dismissal of the charges for felon in possession of a firearm and felon in possession of ammunition after his conviction for armed burglary, on double jeopardy grounds: He contended he could no...
{ "signal": "see also", "identifier": "77 So.3d 796, 797", "parenthetical": "same and remanding for the trial court to vacate the conviction for felon in possession of ammunition because the conviction for felon in possession of a firearm carried a three-year minimum mandatory sentence", "sentence": "See Bell v...
{ "signal": "see", "identifier": "122 So.3d 958, 961", "parenthetical": "holding that double jeopardy precludes dual convictions for felon in possession of a firearm and felon in possession of [separate] ammunition because section 790.23(1", "sentence": "See Bell v. State, 122 So.3d 958, 961 (Fla. 2d DCA 2013) ...
6,885,268
b
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see", "identifier": "482 U.S. 78, 89-91", "parenthetical": "discussing factors for determining whether regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 ...
{ "signal": "see also", "identifier": "441 U.S. 520, 547", "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", ...
4,146,477
a
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see", "identifier": "482 U.S. 78, 89-91", "parenthetical": "discussing factors for determining whether regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 ...
{ "signal": "see also", "identifier": null, "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", "sentence": "S...
4,146,477
a
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see also", "identifier": null, "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", "sentence": "S...
{ "signal": "see", "identifier": "482 U.S. 78, 89-91", "parenthetical": "discussing factors for determining whether regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 ...
4,146,477
b
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see also", "identifier": "441 U.S. 520, 547", "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", ...
{ "signal": "see", "identifier": null, "parenthetical": "discussing factors for determining whether regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (discussi...
4,146,477
b
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see", "identifier": null, "parenthetical": "discussing factors for determining whether regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (discussi...
{ "signal": "see also", "identifier": null, "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", "sentence": "S...
4,146,477
a
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see also", "identifier": null, "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", "sentence": "S...
{ "signal": "see", "identifier": null, "parenthetical": "discussing factors for determining whether regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (discussi...
4,146,477
b
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see also", "identifier": "441 U.S. 520, 547", "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", ...
{ "signal": "see", "identifier": null, "parenthetical": "discussing factors for determining whether regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (discussi...
4,146,477
b
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see also", "identifier": null, "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", "sentence": "S...
{ "signal": "see", "identifier": null, "parenthetical": "discussing factors for determining whether regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (discussi...
4,146,477
b
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see", "identifier": null, "parenthetical": "discussing factors for determining whether regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (discussi...
{ "signal": "see also", "identifier": null, "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", "sentence": "S...
4,146,477
a
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see also", "identifier": "441 U.S. 520, 547", "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", ...
{ "signal": "see", "identifier": "111 F.3d 694, 699", "parenthetical": "the reasonableness of searches and seizures by prison officials should be analyzed in light of the Turner factors", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (discussing factors for determin...
4,146,477
b
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see", "identifier": "111 F.3d 694, 699", "parenthetical": "the reasonableness of searches and seizures by prison officials should be analyzed in light of the Turner factors", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (discussing factors for determin...
{ "signal": "see also", "identifier": null, "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", "sentence": "S...
4,146,477
a
The district court properly granted summary judgment on Salerno's remaining First and Fourth Amendment claims because Salerno failed to raise a genuine dispute of material fact as to whether defendants violated his rights by reading and investigating the contents of the letter to Salerno's attorney after defendants wer...
{ "signal": "see", "identifier": "111 F.3d 694, 699", "parenthetical": "the reasonableness of searches and seizures by prison officials should be analyzed in light of the Turner factors", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (discussing factors for determin...
{ "signal": "see also", "identifier": null, "parenthetical": "prison officials \"should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security\"", "sentence": "S...
4,146,477
a
A carve out may not exist unless ordered, or approved by the Court with the consent of the affected secured creditor.
{ "signal": "see", "identifier": "1998 WL 731611, at *6", "parenthetical": "essential to a carve out is \"the agreement between the secured party and the beneficiary of the carve out\"", "sentence": "See In re White Glove, Inc., 1998 WL 731611, at *6 (essential to a carve out is “the agreement between the secur...
{ "signal": "see also", "identifier": "695 F.2d 296, 301", "parenthetical": "the estate, and not the secured creditor, bears the cost of the administrative expenses of the estate", "sentence": "See In re White Glove, Inc., 1998 WL 731611, at *6 (essential to a carve out is “the agreement between the secured par...
3,500,949
a
A carve out may not exist unless ordered, or approved by the Court with the consent of the affected secured creditor.
{ "signal": "see", "identifier": "153 F.3d 68, 68", "parenthetical": "\"a secured creditor's collateral may only be diminished to the extent that the secured creditor waives its right to the protections afforded by the Code\"", "sentence": "See In re White Glove, Inc., 1998 WL 731611, at *6 (essential to a carv...
{ "signal": "see also", "identifier": "695 F.2d 296, 301", "parenthetical": "the estate, and not the secured creditor, bears the cost of the administrative expenses of the estate", "sentence": "See In re White Glove, Inc., 1998 WL 731611, at *6 (essential to a carve out is “the agreement between the secured par...
3,500,949
a
See Fed.R.Civ.P. 45(b). A determination of a subpoena's reasonableness requires the court to balance the interests served by complying with the subpoena against the interests served by quashing it.
{ "signal": "see also", "identifier": "264 F.2d 725, 725", "parenthetical": "suggesting that need is one factor of a subpoena's reasonableness", "sentence": "See In re Garcia, 76 B.R. 68, 69 (E.D.Pa.) (affirming denial of motion to quash in part because subpoenaed lawfirm records “relevant and not available fro...
{ "signal": "see", "identifier": "28 B.R. 872, 874", "parenthetical": "balancing \"the benefit of the information against the burden of production\"", "sentence": "See Herron v. Blackford, 264 F.2d 723, 725 (5th Cir.1959) (holding that court should balance competing interests); In re National Trade Corp., 28 B....
6,499,754
b
See Fed.R.Civ.P. 45(b). A determination of a subpoena's reasonableness requires the court to balance the interests served by complying with the subpoena against the interests served by quashing it.
{ "signal": "see", "identifier": "76 B.R. 68, 69", "parenthetical": "affirming denial of motion to quash in part because subpoenaed lawfirm records \"relevant and not available from any other source\"", "sentence": "See In re Garcia, 76 B.R. 68, 69 (E.D.Pa.) (affirming denial of motion to quash in part because ...
{ "signal": "see also", "identifier": "264 F.2d 725, 725", "parenthetical": "suggesting that need is one factor of a subpoena's reasonableness", "sentence": "See In re Garcia, 76 B.R. 68, 69 (E.D.Pa.) (affirming denial of motion to quash in part because subpoenaed lawfirm records “relevant and not available fro...
6,499,754
a
See Fed.R.Civ.P. 45(b). A determination of a subpoena's reasonableness requires the court to balance the interests served by complying with the subpoena against the interests served by quashing it.
{ "signal": "see also", "identifier": "264 F.2d 725, 725", "parenthetical": "suggesting that need is one factor of a subpoena's reasonableness", "sentence": "See In re Garcia, 76 B.R. 68, 69 (E.D.Pa.) (affirming denial of motion to quash in part because subpoenaed lawfirm records “relevant and not available fro...
{ "signal": "see", "identifier": null, "parenthetical": "affirming denial of motion to quash in part because subpoenaed lawfirm records \"relevant and not available from any other source\"", "sentence": "See In re Garcia, 76 B.R. 68, 69 (E.D.Pa.) (affirming denial of motion to quash in part because subpoenaed l...
6,499,754
b