context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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The fact that Summerrain did not personally accept a check from Debtor but instead authorized an employee of Independant Paralegal Associates to do so does not change this conclusion because Summer-rain admits she personally placed the money order, along -with Debtor's filings, in the mail. Moreover, the acts of Indepe... | {
"signal": "cf.",
"identifier": "108 B.R. 274, 276-77",
"parenthetical": "misleading advice of court clerk cannot extend jurisdiction deadline for filing notice of appeal",
"sentence": "Cf. In re Frontier Airlines, 108 B.R. 274, 276-77 (D.Colo.1989) (misleading advice of court clerk cannot extend jurisdiction ... | {
"signal": "see",
"identifier": "259 B.R. 384, 384",
"parenthetical": "finding acts of an employee of corporate petition preparer imputable to corporation",
"sentence": "See Gomez, 259 B.R. at 384 (finding acts of an employee of corporate petition preparer imputable to corporation); Bank of Denver v. Southeast... | 9,411,841 | b |
The fact that Summerrain did not personally accept a check from Debtor but instead authorized an employee of Independant Paralegal Associates to do so does not change this conclusion because Summer-rain admits she personally placed the money order, along -with Debtor's filings, in the mail. Moreover, the acts of Indepe... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "advising pro se litigant that advice from court clerk is \"merely advice and cannot excuse a failure to meet fundamental jurisdictional requirements.\"",
"sentence": "Cf. In re Frontier Airlines, 108 B.R. 274, 276-77 (D.Colo.1989) (misleading advice of co... | {
"signal": "see",
"identifier": "259 B.R. 384, 384",
"parenthetical": "finding acts of an employee of corporate petition preparer imputable to corporation",
"sentence": "See Gomez, 259 B.R. at 384 (finding acts of an employee of corporate petition preparer imputable to corporation); Bank of Denver v. Southeast... | 9,411,841 | b |
The fact that Summerrain did not personally accept a check from Debtor but instead authorized an employee of Independant Paralegal Associates to do so does not change this conclusion because Summer-rain admits she personally placed the money order, along -with Debtor's filings, in the mail. Moreover, the acts of Indepe... | {
"signal": "cf.",
"identifier": "108 B.R. 274, 276-77",
"parenthetical": "misleading advice of court clerk cannot extend jurisdiction deadline for filing notice of appeal",
"sentence": "Cf. In re Frontier Airlines, 108 B.R. 274, 276-77 (D.Colo.1989) (misleading advice of court clerk cannot extend jurisdiction ... | {
"signal": "see",
"identifier": "763 F.Supp. 1552, 1560",
"parenthetical": "recognizing \"well-established Colorado rule that partners are jointly and severally liable for the wrongs of the partnership.\"",
"sentence": "See Gomez, 259 B.R. at 384 (finding acts of an employee of corporate petition preparer impu... | 9,411,841 | b |
The fact that Summerrain did not personally accept a check from Debtor but instead authorized an employee of Independant Paralegal Associates to do so does not change this conclusion because Summer-rain admits she personally placed the money order, along -with Debtor's filings, in the mail. Moreover, the acts of Indepe... | {
"signal": "see",
"identifier": "763 F.Supp. 1552, 1560",
"parenthetical": "recognizing \"well-established Colorado rule that partners are jointly and severally liable for the wrongs of the partnership.\"",
"sentence": "See Gomez, 259 B.R. at 384 (finding acts of an employee of corporate petition preparer impu... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "advising pro se litigant that advice from court clerk is \"merely advice and cannot excuse a failure to meet fundamental jurisdictional requirements.\"",
"sentence": "Cf. In re Frontier Airlines, 108 B.R. 274, 276-77 (D.Colo.1989) (misleading advice of co... | 9,411,841 | a |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see also",
"identifier": "309 U.S. 551, 557",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | {
"signal": "see",
"identifier": "792 N.W.2d 281, 281-86, 287-91",
"parenthetical": "rejecting the United States Supreme Court's interpretation of the Fourth Amendment as permitting warrantless, suspicionless searches of parolees based on parole status alone",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-9... | 7,068,387 | b |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see also",
"identifier": "60 S.Ct. 676, 679",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | {
"signal": "see",
"identifier": "792 N.W.2d 281, 281-86, 287-91",
"parenthetical": "rejecting the United States Supreme Court's interpretation of the Fourth Amendment as permitting warrantless, suspicionless searches of parolees based on parole status alone",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-9... | 7,068,387 | b |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see",
"identifier": "792 N.W.2d 281, 281-86, 287-91",
"parenthetical": "rejecting the United States Supreme Court's interpretation of the Fourth Amendment as permitting warrantless, suspicionless searches of parolees based on parole status alone",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-9... | {
"signal": "see also",
"identifier": "84 L.Ed. 920, 924",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | 7,068,387 | a |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see also",
"identifier": "309 U.S. 551, 557",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | {
"signal": "see",
"identifier": "293 N.W.2d 577, 579",
"parenthetical": "\"The result reached by the United States Supreme Court in construing the federal constitution is persuasive, but not binding upon this court in construing analogous provisions in our state constitution.\"",
"sentence": "See Ochoa, 792 N.... | 7,068,387 | b |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see",
"identifier": "293 N.W.2d 577, 579",
"parenthetical": "\"The result reached by the United States Supreme Court in construing the federal constitution is persuasive, but not binding upon this court in construing analogous provisions in our state constitution.\"",
"sentence": "See Ochoa, 792 N.... | {
"signal": "see also",
"identifier": "60 S.Ct. 676, 679",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | 7,068,387 | a |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see",
"identifier": "293 N.W.2d 577, 579",
"parenthetical": "\"The result reached by the United States Supreme Court in construing the federal constitution is persuasive, but not binding upon this court in construing analogous provisions in our state constitution.\"",
"sentence": "See Ochoa, 792 N.... | {
"signal": "see also",
"identifier": "84 L.Ed. 920, 924",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | 7,068,387 | a |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see",
"identifier": "195 Iowa 94, 104-05",
"parenthetical": "rejecting the exclusionary rule adopted by the United States Supreme Court for seizures of evidence by federal agents",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of th... | {
"signal": "see also",
"identifier": "309 U.S. 551, 557",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | 7,068,387 | a |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see",
"identifier": "195 Iowa 94, 104-05",
"parenthetical": "rejecting the exclusionary rule adopted by the United States Supreme Court for seizures of evidence by federal agents",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of th... | {
"signal": "see also",
"identifier": "60 S.Ct. 676, 679",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | 7,068,387 | a |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see",
"identifier": "195 Iowa 94, 104-05",
"parenthetical": "rejecting the exclusionary rule adopted by the United States Supreme Court for seizures of evidence by federal agents",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of th... | {
"signal": "see also",
"identifier": "84 L.Ed. 920, 924",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | 7,068,387 | a |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see also",
"identifier": "309 U.S. 551, 557",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | {
"signal": "see",
"identifier": "191 N.W. 530, 535-36",
"parenthetical": "rejecting the exclusionary rule adopted by the United States Supreme Court for seizures of evidence by federal agents",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of t... | 7,068,387 | b |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see",
"identifier": "191 N.W. 530, 535-36",
"parenthetical": "rejecting the exclusionary rule adopted by the United States Supreme Court for seizures of evidence by federal agents",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of t... | {
"signal": "see also",
"identifier": "60 S.Ct. 676, 679",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | 7,068,387 | a |
In the final analysis, our right under principles of federalism to stand as the final word on the Iowa Constitution is settled, long-standing, and good law. | {
"signal": "see also",
"identifier": "84 L.Ed. 920, 924",
"parenthetical": "\"It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.\"",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of... | {
"signal": "see",
"identifier": "191 N.W. 530, 535-36",
"parenthetical": "rejecting the exclusionary rule adopted by the United States Supreme Court for seizures of evidence by federal agents",
"sentence": "See Ochoa, 792 N.W.2d at 281-86, 287-91 (rejecting the United States Supreme Court’s interpretation of t... | 7,068,387 | b |
The district court properly concluded that Miller failed to exhaust his administrative remedies on his Title VII and RA. claims because he failed'to complete the negotiated grievance procedure.. | {
"signal": "see also",
"identifier": "989 F.2d 768, 768",
"parenthetical": "a federal employee who is a union member and alleges employment discrimination must elect to pursue his claim under either a statutory procedure or a negotiated grievance procedure, but \"he cannot pursue both avenues, and his election i... | {
"signal": "see",
"identifier": "939 F.2d 767, 767-68",
"parenthetical": "\"Title VII spe cifically requires a federal employee to exhaust his administrative remedies as a precondition to filing suit.\"",
"sentence": "See Vinieratos, 939 F.2d at 767-68 (“Title VII spe cifically requires a federal employee to e... | 4,349,292 | b |
Because the bankruptcy judge in this case neither dismissed the petition nor converted Debtors' petition to a Chapter 7 petition, the district court's order was not final. | {
"signal": "see",
"identifier": "691 F.2d 89, 91",
"parenthetical": "denial of confirmation of Chapter 13 plan not \"final\" order",
"sentence": "See Maiorino v. Branford Sav. Bank, 691 F.2d 89, 91 (2d Cir.1982) (denial of confirmation of Chapter 13 plan not “final” order); see also In re Pleasant Woods Assoc.... | {
"signal": "see also",
"identifier": null,
"parenthetical": "dismissing appeal from denial of confirmation of Chapter 11 plan",
"sentence": "See Maiorino v. Branford Sav. Bank, 691 F.2d 89, 91 (2d Cir.1982) (denial of confirmation of Chapter 13 plan not “final” order); see also In re Pleasant Woods Assoc. Ltd.... | 9,047,058 | a |
Here, the Sheriff has raised the failure-to-exhaust claim for the first time in his motion for summary judgment. As a result, the argument has been waived. | {
"signal": "see",
"identifier": "852 F.Supp. 659, 666",
"parenthetical": "affirmative defense raised for first time in response to summary judgment motion was waived",
"sentence": "See, e.g., Venters v. City of Delphi, 123 F.3d 956, 968 (7th Cir.1997); Baker v. Chicago Fire & Burglary Detection, Inc., 489 F.2d... | {
"signal": "see also",
"identifier": "2002 WL 31176161, at *2",
"parenthetical": "defendants waived failure-to-exhaust argument under PLRA by failing to raise it as an affirmative defense",
"sentence": "See, e.g., Venters v. City of Delphi, 123 F.3d 956, 968 (7th Cir.1997); Baker v. Chicago Fire & Burglary Det... | 3,591,898 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "456 F.Supp. 851, 851",
"parenthetical": "pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally... | {
"signal": "see also",
"identifier": "652 F.Supp. 1501, 1504",
"parenthetical": "litigating with concurrent intent to burden defendant with cost is not abuse of process without collateral motive or design to coerce",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causal... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "456 F.Supp. 851, 851",
"parenthetical": "pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for ... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "see also",
"identifier": "340 N.E.2d 484, 485",
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealin... | {
"signal": "no signal",
"identifier": "456 F.Supp. 851, 851",
"parenthetical": "pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally... | 11,370,537 | b |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "cf.",
"identifier": "754 F.2d 18, 18",
"parenthetical": "withholding of monies legally owed to achieve some extortionate goal transgresses chapter 93A",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business... | {
"signal": "no signal",
"identifier": "456 F.Supp. 851, 851",
"parenthetical": "pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally... | 11,370,537 | b |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "see also",
"identifier": "652 F.Supp. 1501, 1504",
"parenthetical": "litigating with concurrent intent to burden defendant with cost is not abuse of process without collateral motive or design to coerce",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causal... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "groundlessness of claim is not an element of abuse of process",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for chapter 93A vio... | 11,370,537 | b |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "groundlessness of claim is not an element of abuse of process",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for chapter 93A vio... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for ... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "groundlessness of claim is not an element of abuse of process",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for chapter 93A vio... | {
"signal": "see also",
"identifier": "340 N.E.2d 484, 485",
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealin... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "groundlessness of claim is not an element of abuse of process",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for chapter 93A vio... | {
"signal": "cf.",
"identifier": "754 F.2d 18, 18",
"parenthetical": "withholding of monies legally owed to achieve some extortionate goal transgresses chapter 93A",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "489 N.E.2d 185, 195",
"parenthetical": "groundlessness of claim is not an element of abuse of process",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required fo... | {
"signal": "see also",
"identifier": "652 F.Supp. 1501, 1504",
"parenthetical": "litigating with concurrent intent to burden defendant with cost is not abuse of process without collateral motive or design to coerce",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causal... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "489 N.E.2d 185, 195",
"parenthetical": "groundlessness of claim is not an element of abuse of process",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required fo... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for ... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "489 N.E.2d 185, 195",
"parenthetical": "groundlessness of claim is not an element of abuse of process",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required fo... | {
"signal": "see also",
"identifier": "340 N.E.2d 484, 485",
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealin... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "489 N.E.2d 185, 195",
"parenthetical": "groundlessness of claim is not an element of abuse of process",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required fo... | {
"signal": "cf.",
"identifier": "754 F.2d 18, 18",
"parenthetical": "withholding of monies legally owed to achieve some extortionate goal transgresses chapter 93A",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "breach of contract, standing alone, does not constitute a chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required f... | {
"signal": "see also",
"identifier": "652 F.Supp. 1501, 1504",
"parenthetical": "litigating with concurrent intent to burden defendant with cost is not abuse of process without collateral motive or design to coerce",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causal... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "breach of contract, standing alone, does not constitute a chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required f... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for ... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "breach of contract, standing alone, does not constitute a chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required f... | {
"signal": "see also",
"identifier": "340 N.E.2d 484, 485",
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealin... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "breach of contract, standing alone, does not constitute a chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required f... | {
"signal": "cf.",
"identifier": "754 F.2d 18, 18",
"parenthetical": "withholding of monies legally owed to achieve some extortionate goal transgresses chapter 93A",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "390 N.E.2d 243, 251",
"parenthetical": "breach of contract, standing alone, does not constitute a chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dea... | {
"signal": "see also",
"identifier": "652 F.Supp. 1501, 1504",
"parenthetical": "litigating with concurrent intent to burden defendant with cost is not abuse of process without collateral motive or design to coerce",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causal... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "390 N.E.2d 243, 251",
"parenthetical": "breach of contract, standing alone, does not constitute a chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dea... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for ... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "390 N.E.2d 243, 251",
"parenthetical": "breach of contract, standing alone, does not constitute a chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dea... | {
"signal": "see also",
"identifier": "340 N.E.2d 484, 485",
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealin... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "390 N.E.2d 243, 251",
"parenthetical": "breach of contract, standing alone, does not constitute a chapter 93A violation",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dea... | {
"signal": "cf.",
"identifier": "754 F.2d 18, 18",
"parenthetical": "withholding of monies legally owed to achieve some extortionate goal transgresses chapter 93A",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "no abuse of process where claim frivolous if brought only to defeat opponent in court",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, requ... | {
"signal": "see also",
"identifier": "652 F.Supp. 1501, 1504",
"parenthetical": "litigating with concurrent intent to burden defendant with cost is not abuse of process without collateral motive or design to coerce",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causal... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "no abuse of process where claim frivolous if brought only to defeat opponent in court",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, requ... | 11,370,537 | b |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "see also",
"identifier": "340 N.E.2d 484, 485",
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealin... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "no abuse of process where claim frivolous if brought only to defeat opponent in court",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, requ... | 11,370,537 | b |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "cf.",
"identifier": "754 F.2d 18, 18",
"parenthetical": "withholding of monies legally owed to achieve some extortionate goal transgresses chapter 93A",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "no abuse of process where claim frivolous if brought only to defeat opponent in court",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, requ... | 11,370,537 | b |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "see also",
"identifier": "652 F.Supp. 1501, 1504",
"parenthetical": "litigating with concurrent intent to burden defendant with cost is not abuse of process without collateral motive or design to coerce",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causal... | {
"signal": "no signal",
"identifier": "480 N.E.2d 658, 660",
"parenthetical": "no abuse of process where claim frivolous if brought only to defeat opponent in court",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of busine... | 11,370,537 | b |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "480 N.E.2d 658, 660",
"parenthetical": "no abuse of process where claim frivolous if brought only to defeat opponent in court",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of busine... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for ... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "no signal",
"identifier": "480 N.E.2d 658, 660",
"parenthetical": "no abuse of process where claim frivolous if brought only to defeat opponent in court",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of busine... | {
"signal": "see also",
"identifier": "340 N.E.2d 484, 485",
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealin... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "cf.",
"identifier": "754 F.2d 18, 18",
"parenthetical": "withholding of monies legally owed to achieve some extortionate goal transgresses chapter 93A",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business... | {
"signal": "no signal",
"identifier": "480 N.E.2d 658, 660",
"parenthetical": "no abuse of process where claim frivolous if brought only to defeat opponent in court",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of busine... | 11,370,537 | b |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "see also",
"identifier": "652 F.Supp. 1501, 1504",
"parenthetical": "litigating with concurrent intent to burden defendant with cost is not abuse of process without collateral motive or design to coerce",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causal... | {
"signal": "cf.",
"identifier": "754 F.2d 18, 18",
"parenthetical": "withholding of monies legally owed to achieve some extortionate goal transgresses chapter 93A",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business... | 11,370,537 | a |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "cf.",
"identifier": "754 F.2d 18, 18",
"parenthetical": "withholding of monies legally owed to achieve some extortionate goal transgresses chapter 93A",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealings, required for ... | 11,370,537 | b |
First, there has been no satisfactory showing that nonpayment was aimed at pressuring QSOR into doing something "in the conduct of any [ongoing] trade or commerce." Mass.Gen.L. ch. Second, although the cases which dot the chapter 93A landscape tend to be fact-specific, even sui gen-eris, we think they are generally sup... | {
"signal": "see also",
"identifier": "340 N.E.2d 484, 485",
"parenthetical": "no cause of action absent use of process for ulterior or illegitimate purpose",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business dealin... | {
"signal": "cf.",
"identifier": "754 F.2d 18, 18",
"parenthetical": "withholding of monies legally owed to achieve some extortionate goal transgresses chapter 93A",
"sentence": "Compare, e.g., Stromberg, 456 F.Supp. at 851 (pressure or coercive threat, causally linking use of legal remedy to course of business... | 11,370,537 | a |
Finally, a portion of the alleged breaching conduct -- defendants' failure to mail payments due under the Agreement to Sea Tow headquarters in New York -- occurred in New York. | {
"signal": "see",
"identifier": "307 F.Supp.2d 560, 560",
"parenthetical": "finding venue appropriate in New York where \"New York City was clearly the contractually designated place where performance by the defendants was due\" and the loan agreement at issue \"expressly directed payments from and disbursements... | {
"signal": "cf.",
"identifier": "698 F.Supp. 444, 446",
"parenthetical": "finding that the \"fact that ... payments were made\" to New York under a contract did not, by itself, provide for proper venue in New York",
"sentence": "See Concesionaria, 307 F.Supp.2d at 560 (finding venue appropriate in New York whe... | 3,839,671 | a |
Finally, a portion of the alleged breaching conduct -- defendants' failure to mail payments due under the Agreement to Sea Tow headquarters in New York -- occurred in New York. | {
"signal": "see",
"identifier": "997 F.Supp. 537, 541",
"parenthetical": "finding venue appropriate in New York where \"payment under the terms of [the parties'] agreement was due to plaintiff in New York\"",
"sentence": "See Concesionaria, 307 F.Supp.2d at 560 (finding venue appropriate in New York where “New... | {
"signal": "cf.",
"identifier": "698 F.Supp. 444, 446",
"parenthetical": "finding that the \"fact that ... payments were made\" to New York under a contract did not, by itself, provide for proper venue in New York",
"sentence": "See Concesionaria, 307 F.Supp.2d at 560 (finding venue appropriate in New York whe... | 3,839,671 | a |
In short, Burd's defensive theory was the only issue in the case and the evidence relating to it was hotly disputed in each detail. This leads us to conclude that the second Almanza factor likewise weighs in favor of finding egregious harm. | {
"signal": "see also",
"identifier": "393 S.W.3d 867, 876",
"parenthetical": "concluding that state of evidence also weighed in favor of finding egregious harm where primary contested issue at trial was whether Villarreal acted in self-defense and conflicting evidence was presented regarding circumstances surrou... | {
"signal": "see",
"identifier": "686 S.W.2d 172, 172",
"parenthetical": "describing fundamental errors as those which \"vitally affect [a] defensive theory\"",
"sentence": "See Al-manza, 686 S.W.2d at 172 (describing fundamental errors as those which “vitally affect [a] defensive theory”); see also Villarreal,... | 7,091,247 | b |
In many instances, as here, an officer may reasonably conclude, in light of the totality of the circumstances, that illegal drugs discovered in a vehicle in close proximity to a defendant in the vehicle are jointly or constructively possessed by that defendant and the other vehicle occupants. | {
"signal": "see",
"identifier": "540 U.S. 366, 372",
"parenthetical": "concluding that there was probable cause to arrest a defendant where, notably, there were \"[f]ive plastic glassine baggies of cocaine ... behind the back-seat armrest ... accessible to all three men\" riding in the vehicle and \"[u]pon quest... | {
"signal": "cf.",
"identifier": "437 F.3d 1009, 1016",
"parenthetical": "noting that defendant's \"proximity to the drugs would be insufficient evidence [of possession], when considered in isolation, ... [b]ut when considered with the rest of the evidence presented, his close proximity to the drugs is probative\... | 3,736,231 | a |
In many instances, as here, an officer may reasonably conclude, in light of the totality of the circumstances, that illegal drugs discovered in a vehicle in close proximity to a defendant in the vehicle are jointly or constructively possessed by that defendant and the other vehicle occupants. | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding that there was probable cause to arrest a defendant where, notably, there were \"[f]ive plastic glassine baggies of cocaine ... behind the back-seat armrest ... accessible to all three men\" riding in the vehicle and \"[u]pon questioning, the thr... | {
"signal": "cf.",
"identifier": "437 F.3d 1009, 1016",
"parenthetical": "noting that defendant's \"proximity to the drugs would be insufficient evidence [of possession], when considered in isolation, ... [b]ut when considered with the rest of the evidence presented, his close proximity to the drugs is probative\... | 3,736,231 | a |
In many instances, as here, an officer may reasonably conclude, in light of the totality of the circumstances, that illegal drugs discovered in a vehicle in close proximity to a defendant in the vehicle are jointly or constructively possessed by that defendant and the other vehicle occupants. | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding that there was probable cause to arrest a defendant where, notably, there were \"[f]ive plastic glassine baggies of cocaine ... behind the back-seat armrest ... accessible to all three men\" riding in the vehicle and \"[u]pon questioning, the thr... | {
"signal": "cf.",
"identifier": "437 F.3d 1009, 1016",
"parenthetical": "noting that defendant's \"proximity to the drugs would be insufficient evidence [of possession], when considered in isolation, ... [b]ut when considered with the rest of the evidence presented, his close proximity to the drugs is probative\... | 3,736,231 | a |
In many instances, as here, an officer may reasonably conclude, in light of the totality of the circumstances, that illegal drugs discovered in a vehicle in close proximity to a defendant in the vehicle are jointly or constructively possessed by that defendant and the other vehicle occupants. | {
"signal": "see",
"identifier": "204 F.3d 1282, 1292",
"parenthetical": "concluding that the government established \"the necessary nexus\" between the driver of the jointly occupied vehicle and the narcotics and, more specifically, noting that \"[t]he observance of drugs in plain view is a compelling circumstan... | {
"signal": "cf.",
"identifier": "437 F.3d 1009, 1016",
"parenthetical": "noting that defendant's \"proximity to the drugs would be insufficient evidence [of possession], when considered in isolation, ... [b]ut when considered with the rest of the evidence presented, his close proximity to the drugs is probative\... | 3,736,231 | a |
Although the Courts recognize a certain degree of judgment and discretion is required for a government employee to transport an individual as part of his or her job, when the actionable conduct occurs during routine driving situations, the driver is not entitled to sovereign immunity. | {
"signal": "see",
"identifier": "84 Va. Cir. 96, 98",
"parenthetical": "holding no immunity to an officer who was transporting an inmate in need of prenatal care because the special security risks inherent in transporting a prisoner did not impact the deputy's operation of the vehicle at the time of the accident... | {
"signal": "see also",
"identifier": "72 Va. Cir. 298, 303",
"parenthetical": "reiterating the principle that, \"while every person driving a car must make myriad decisions, in ordinary driving situations, the duty of care is a ministerial obligation\" in holding a social worker who was transporting a minor runa... | 4,139,997 | a |
The presumptive cap mostly takes away the discretion afforded to the district court in the statute. | {
"signal": "see",
"identifier": "135 S.Ct. 2158, 2165",
"parenthetical": "concluding that a fee-shifting provision in the Bankruptcy Code does not allow for \"[t]ime spent litigating a fee application\"",
"sentence": "See 42 U.S.C. § 1988(b) (“[T]he court, in its discretion, may allow the prevailing party, oth... | {
"signal": "cf.",
"identifier": "444 F.3d 637, 643",
"parenthetical": "holding that fee-cap provision in the Individuals with Disabilities Education Act applies to both merits time before administrative agency and fees for fees time in court",
"sentence": "See 42 U.S.C. § 1988(b) (“[T]he court, in its discreti... | 4,350,027 | a |
The presumptive cap mostly takes away the discretion afforded to the district court in the statute. | {
"signal": "cf.",
"identifier": "444 F.3d 637, 643",
"parenthetical": "holding that fee-cap provision in the Individuals with Disabilities Education Act applies to both merits time before administrative agency and fees for fees time in court",
"sentence": "See 42 U.S.C. § 1988(b) (“[T]he court, in its discreti... | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding that a fee-shifting provision in the Bankruptcy Code does not allow for \"[t]ime spent litigating a fee application\"",
"sentence": "See 42 U.S.C. § 1988(b) (“[T]he court, in its discretion, may allow the prevailing party, other than the United... | 4,350,027 | b |
The presumptive cap mostly takes away the discretion afforded to the district court in the statute. | {
"signal": "see",
"identifier": "907 F.2d 1192, 1203",
"parenthetical": "holding that the Independent Counsel Reauthorization Act does not permit fees claimed for the preparation of a fee application",
"sentence": "See 42 U.S.C. § 1988(b) (“[T]he court, in its discretion, may allow the prevailing party, other ... | {
"signal": "cf.",
"identifier": "444 F.3d 637, 643",
"parenthetical": "holding that fee-cap provision in the Individuals with Disabilities Education Act applies to both merits time before administrative agency and fees for fees time in court",
"sentence": "See 42 U.S.C. § 1988(b) (“[T]he court, in its discreti... | 4,350,027 | a |
As plaintiffs have chosen to litigate far from their home forums, any inconvenience they would suffer if compelled to litigate in Wisconsin would likely be less than the inconvenience defendants would experience litigating in California, particularly considering the relative size of the parties' businesses. The court t... | {
"signal": "see also",
"identifier": "966 F.Supp. 727, 728-29",
"parenthetical": "concluding that the convenience of the parties weighed in favor of transferring a copyright infringement action from the Northern District of Illinois to the Eastern District of Wisconsin, because the plaintiff copyright holder was... | {
"signal": "see",
"identifier": "761 F.Supp. 983, 989",
"parenthetical": "\"[W]here a disparity between the parties exists, such as an individual plaintiff suing a large corporation, the court may also consider the relative means of the parties in determining whether to transfer\"",
"sentence": "See Hernandez ... | 3,803,654 | b |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "see",
"identifier": "632 F.2d 1096, 1101",
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 11... | {
"signal": "no signal",
"identifier": "457 U.S. 307, 315-16",
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security... | 10,538,095 | b |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": "457 U.S. 307, 315-16",
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security... | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | 10,538,095 | a |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": "457 U.S. 307, 315-16",
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security... | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | 10,538,095 | a |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": "457 U.S. 307, 315-16",
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security... | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | 10,538,095 | a |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "see",
"identifier": "632 F.2d 1096, 1101",
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 11... | {
"signal": "no signal",
"identifier": "102 S.Ct. 2452, 2457-58",
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal secur... | 10,538,095 | b |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": "102 S.Ct. 2452, 2457-58",
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal secur... | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | 10,538,095 | a |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": "102 S.Ct. 2452, 2457-58",
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal secur... | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | 10,538,095 | a |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": "102 S.Ct. 2452, 2457-58",
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal secur... | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | 10,538,095 | a |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security protected by subs... | {
"signal": "see",
"identifier": "632 F.2d 1096, 1101",
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 11... | 10,538,095 | a |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security protected by subs... | 10,538,095 | b |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security protected by subs... | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | 10,538,095 | a |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "right to personal security protected by substantive due process and not extinguished by imprisonment",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security protected by subs... | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | 10,538,095 | a |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "see",
"identifier": "632 F.2d 1096, 1101",
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 11... | {
"signal": "no signal",
"identifier": "796 F.2d 266, 269-70",
"parenthetical": "police have a duty to protect individuals if there is a \"custodial relationship\"",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security protected by subs... | 10,538,095 | b |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": "796 F.2d 266, 269-70",
"parenthetical": "police have a duty to protect individuals if there is a \"custodial relationship\"",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security protected by subs... | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | 10,538,095 | a |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | {
"signal": "no signal",
"identifier": "796 F.2d 266, 269-70",
"parenthetical": "police have a duty to protect individuals if there is a \"custodial relationship\"",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security protected by subs... | 10,538,095 | b |
Finally, insufficient protection of a prisoner resulting in harm inflicted by other inmates may also violate the prisoner's due process rights. | {
"signal": "no signal",
"identifier": "796 F.2d 266, 269-70",
"parenthetical": "police have a duty to protect individuals if there is a \"custodial relationship\"",
"sentence": "Youngberg v. Romeo, 457 U.S. 307, 315-16, 102 S.Ct. 2452, 2457-58, 73 L.Ed.2d 28 (1982) (right to personal security protected by subs... | {
"signal": "see",
"identifier": null,
"parenthetical": "if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights",
"sentence": "See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980)... | 10,538,095 | a |
Telegroup responds that claims arising from the purchase or sale of a security under SS 510(b) include claims predicated on post-issuance conduct. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that claims alleging that the debtor fraudulently induced the claimants to retain securities they had purchased from the debtor arise from the purchase or sale of those securities, for purposes of SS 510(b",
"sentence": "See In re Geneva Steel Co.... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that claims for ERISA violations arose from the purchase or sale of debtor's securities",
"sentence": "See In re Geneva Steel Co., 260 B.R. 517 (B.A.P. 10th Cir.2001) (holding that claims alleging that the debtor fraudulently induced the clai... | 9,395,524 | a |
Telegroup responds that claims arising from the purchase or sale of a security under SS 510(b) include claims predicated on post-issuance conduct. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that claims for ERISA violations arose from the purchase or sale of debtor's securities",
"sentence": "See In re Geneva Steel Co., 260 B.R. 517 (B.A.P. 10th Cir.2001) (holding that claims alleging that the debtor fraudulently induced the clai... | {
"signal": "see",
"identifier": "208 B.R. 332, 333-34",
"parenthetical": "holding that claims that debtor fraudulently induced claimants to retain debtor's securities arise from the purchase or sale of those securities",
"sentence": "See In re Geneva Steel Co., 260 B.R. 517 (B.A.P. 10th Cir.2001) (holding that... | 9,395,524 | b |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see",
"identifier": "405 U.S. 625, 633",
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (des... | {
"signal": "see also",
"identifier": "629 F.2d 830, 840",
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the sur... | 9,064,594 | a |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see also",
"identifier": null,
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the surveillance were ... | {
"signal": "see",
"identifier": "405 U.S. 625, 633",
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (des... | 9,064,594 | b |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see",
"identifier": "405 U.S. 625, 633",
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (des... | {
"signal": "see also",
"identifier": null,
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the surveillance were ... | 9,064,594 | a |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see also",
"identifier": null,
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the surveillance were ... | {
"signal": "see",
"identifier": "405 U.S. 625, 633",
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (des... | 9,064,594 | b |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (describing the Cou... | {
"signal": "see also",
"identifier": "629 F.2d 830, 840",
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the sur... | 9,064,594 | a |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (describing the Cou... | {
"signal": "see also",
"identifier": null,
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the surveillance were ... | 9,064,594 | a |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see also",
"identifier": null,
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the surveillance were ... | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (describing the Cou... | 9,064,594 | b |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (describing the Cou... | {
"signal": "see also",
"identifier": null,
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the surveillance were ... | 9,064,594 | a |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (describing the Cou... | {
"signal": "see also",
"identifier": "629 F.2d 830, 840",
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the sur... | 9,064,594 | a |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see also",
"identifier": null,
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the surveillance were ... | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (describing the Cou... | 9,064,594 | b |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (describing the Cou... | {
"signal": "see also",
"identifier": null,
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the surveillance were ... | 9,064,594 | a |
I am further troubled by my colleagues' willingness to decide this thorny Fourth Amendment question despite the availability of a much more straightforward (and less controversial) means to the same end. | {
"signal": "see also",
"identifier": null,
"parenthetical": "declining to \"adjudicate the [constitutional question of the] lawfulness of the surveillance\" at issue in the case because the court did \"not believe it would be appropriate to apply the exclusionary rule in this case, even if the surveillance were ... | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the Court's \"usual custom of avoiding decision of constitutional issues *unnecessary to the decision of the case before us\"",
"sentence": "See Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (describing the Cou... | 9,064,594 | b |
The trial judge's inquiry failed to ask directly whether prospective jurors had been exposed to pretrial publicity; instead, the judge conflated that question with the broader inquiry whether, notwithstanding their presumed exposure to such publicity, they could render a verdict based solely on the evidence adduced at ... | {
"signal": "see also",
"identifier": "583 F.2d 190, 197",
"parenthetical": "\"The juror is poorly placed to make a determination as to his own impartiality.\"",
"sentence": "See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885, 2888, 81 L.Ed.2d 847 (1984) (“[Ajdverse pretrial publicity can create such a pr... | {
"signal": "see",
"identifier": "467 U.S. 1025, 1031",
"parenthetical": "\"[Ajdverse pretrial publicity can create such a presumption of prejudice in a community that the jurors' claims that they can be impartial should not be believed.\"",
"sentence": "See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885,... | 7,415,104 | b |
The trial judge's inquiry failed to ask directly whether prospective jurors had been exposed to pretrial publicity; instead, the judge conflated that question with the broader inquiry whether, notwithstanding their presumed exposure to such publicity, they could render a verdict based solely on the evidence adduced at ... | {
"signal": "see also",
"identifier": "400 F.2d 627, 639",
"parenthetical": "\"[Wjhether a juror can render a verdict based solely on evidence adduced in the courtroom should not be adjudged on that juror's own assessment of self-righteousness without something more.\"",
"sentence": "See Patton v. Yount, 467 U.... | {
"signal": "see",
"identifier": "467 U.S. 1025, 1031",
"parenthetical": "\"[Ajdverse pretrial publicity can create such a presumption of prejudice in a community that the jurors' claims that they can be impartial should not be believed.\"",
"sentence": "See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885,... | 7,415,104 | b |
The trial judge's inquiry failed to ask directly whether prospective jurors had been exposed to pretrial publicity; instead, the judge conflated that question with the broader inquiry whether, notwithstanding their presumed exposure to such publicity, they could render a verdict based solely on the evidence adduced at ... | {
"signal": "see also",
"identifier": "583 F.2d 190, 197",
"parenthetical": "\"The juror is poorly placed to make a determination as to his own impartiality.\"",
"sentence": "See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885, 2888, 81 L.Ed.2d 847 (1984) (“[Ajdverse pretrial publicity can create such a pr... | {
"signal": "see",
"identifier": "104 S.Ct. 2885, 2888",
"parenthetical": "\"[Ajdverse pretrial publicity can create such a presumption of prejudice in a community that the jurors' claims that they can be impartial should not be believed.\"",
"sentence": "See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885... | 7,415,104 | b |
The trial judge's inquiry failed to ask directly whether prospective jurors had been exposed to pretrial publicity; instead, the judge conflated that question with the broader inquiry whether, notwithstanding their presumed exposure to such publicity, they could render a verdict based solely on the evidence adduced at ... | {
"signal": "see also",
"identifier": "400 F.2d 627, 639",
"parenthetical": "\"[Wjhether a juror can render a verdict based solely on evidence adduced in the courtroom should not be adjudged on that juror's own assessment of self-righteousness without something more.\"",
"sentence": "See Patton v. Yount, 467 U.... | {
"signal": "see",
"identifier": "104 S.Ct. 2885, 2888",
"parenthetical": "\"[Ajdverse pretrial publicity can create such a presumption of prejudice in a community that the jurors' claims that they can be impartial should not be believed.\"",
"sentence": "See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885... | 7,415,104 | b |
The trial judge's inquiry failed to ask directly whether prospective jurors had been exposed to pretrial publicity; instead, the judge conflated that question with the broader inquiry whether, notwithstanding their presumed exposure to such publicity, they could render a verdict based solely on the evidence adduced at ... | {
"signal": "see also",
"identifier": "583 F.2d 190, 197",
"parenthetical": "\"The juror is poorly placed to make a determination as to his own impartiality.\"",
"sentence": "See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885, 2888, 81 L.Ed.2d 847 (1984) (“[Ajdverse pretrial publicity can create such a pr... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[Ajdverse pretrial publicity can create such a presumption of prejudice in a community that the jurors' claims that they can be impartial should not be believed.\"",
"sentence": "See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885, 2888, 81 L.Ed.2d... | 7,415,104 | b |
The trial judge's inquiry failed to ask directly whether prospective jurors had been exposed to pretrial publicity; instead, the judge conflated that question with the broader inquiry whether, notwithstanding their presumed exposure to such publicity, they could render a verdict based solely on the evidence adduced at ... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[Ajdverse pretrial publicity can create such a presumption of prejudice in a community that the jurors' claims that they can be impartial should not be believed.\"",
"sentence": "See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885, 2888, 81 L.Ed.2d... | {
"signal": "see also",
"identifier": "400 F.2d 627, 639",
"parenthetical": "\"[Wjhether a juror can render a verdict based solely on evidence adduced in the courtroom should not be adjudged on that juror's own assessment of self-righteousness without something more.\"",
"sentence": "See Patton v. Yount, 467 U.... | 7,415,104 | a |
Although the Fourth Circuit has not yet addressed the validity of acts in violation of the automatic stay, it does recognize that the stay is intended to provide debtors significant protection. Additionally, courts within this circuit have adopted the majority position. | {
"signal": "see",
"identifier": "168 B.R. 93, 94",
"parenthetical": "\"Actions by creditors to collect a debt from the debtor, which are taken after the filing of a bankruptcy petition, are void ab initio and of no legal effect.\"",
"sentence": "See In re Clarkson, 168 B.R. 93, 94 (Bankr.D.S.C. 1994) (“Actions... | {
"signal": "but see",
"identifier": "206 B.R. 421, 423",
"parenthetical": "holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void",
"sentence": "See In re Clarkson, 168 B.R. 93, 94 (Bankr.D.S.C. 1994) (“Actions by creditors to collect a de... | 6,049,703 | a |
Although the Fourth Circuit has not yet addressed the validity of acts in violation of the automatic stay, it does recognize that the stay is intended to provide debtors significant protection. Additionally, courts within this circuit have adopted the majority position. | {
"signal": "see",
"identifier": "116 B.R. 450, 453",
"parenthetical": "\"This court will adhere to the general rule that violations of the stay are void.\"",
"sentence": "See In re Clarkson, 168 B.R. 93, 94 (Bankr.D.S.C. 1994) (“Actions by creditors to collect a debt from the debtor, which are taken after the ... | {
"signal": "but see",
"identifier": "206 B.R. 421, 423",
"parenthetical": "holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void",
"sentence": "See In re Clarkson, 168 B.R. 93, 94 (Bankr.D.S.C. 1994) (“Actions by creditors to collect a de... | 6,049,703 | a |
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