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 SEC says-their-lifetimes, but with no justification beyond the asserted egregiousness of Defendants' conduct. Section 78u(d)(2),-however, is not an all-or-nothing standard] it gives courts the discretion to grant an officer-or-director bar "for such period of time as [the -court] shall determine;" And Patel suggest... | {
"signal": "see",
"identifier": "595 F.Supp.2d 45, 45-46",
"parenthetical": "ordering five-year bar despite defendant's knowing and deliberate violations because \"a permanent bar ... is far too draconian a remedy\"",
"sentence": "See Johnson, 595 F.Supp.2d at 45-46 (ordering five-year bar despite defendant’s ... | {
"signal": "no signal",
"identifier": "2012 WL 1849000, at *2",
"parenthetical": "repeat offenders are those who committed securities violations outside of the ones giving rise to the present litigation",
"sentence": "Patel, 61 F.3d at 142, Given the award of a permanent -bar on securities-law, violations and ... | 4,196,025 | b |
The SEC says-their-lifetimes, but with no justification beyond the asserted egregiousness of Defendants' conduct. Section 78u(d)(2),-however, is not an all-or-nothing standard] it gives courts the discretion to grant an officer-or-director bar "for such period of time as [the -court] shall determine;" And Patel suggest... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "repeat offenders are those who committed securities violations outside of the ones giving rise to the present litigation",
"sentence": "Patel, 61 F.3d at 142, Given the award of a permanent -bar on securities-law, violations and the fact that neithe... | {
"signal": "see",
"identifier": "595 F.Supp.2d 45, 45-46",
"parenthetical": "ordering five-year bar despite defendant's knowing and deliberate violations because \"a permanent bar ... is far too draconian a remedy\"",
"sentence": "See Johnson, 595 F.Supp.2d at 45-46 (ordering five-year bar despite defendant’s ... | 4,196,025 | a |
The discharge exceptions are to be narrowly construed in favor of the debtor since the aim of the Bankruptcy Code is to give the debtor a fresh start. To meet the definition of "embezzlement," there must be proof of the debt- or's fraudulent intent in taking the property. | {
"signal": "cf.",
"identifier": "956 F.2d 110, 111",
"parenthetical": "requiring an intent to defraud for a determination of whether there has been a breach of a fiduciary relationship under SS 523(a",
"sentence": "See Brady v. McAllister (In re Brady), 101 F.3d 1165, 1173 (6th Cir.1996) (“A creditor proves em... | {
"signal": "see",
"identifier": "101 F.3d 1165, 1173",
"parenthetical": "\"A creditor proves embezzlement by showing that he entrusted his property to the debtor, the debtor appropriated the property for a use other than that for which it was entrusted, and the circumstances indicate fraud.\"",
"sentence": "Se... | 11,696,093 | b |
Moreover, Congress' decision to give DOE express authority to issue remedial orders does not automatically mean that the agency lacked the authority prior to passage of the provision. Courts have held both expressly and impliedly that the Federal Energy Administration (FEA), DOE's predecessor, had power to issue remedi... | {
"signal": "see also",
"identifier": null,
"parenthetical": "affirming aRO issued on November 4, 1976, which held plaintiff liable for crude oil overcharges",
"sentence": "See Getty Oil Co. v. Dep’t of Energy, 478 F.Supp. 523, 527, n. 4 (C.D.Cal.1978) (holding the FEA had authority to issue a remedial order in... | {
"signal": "see",
"identifier": "478 F.Supp. 523, 527, n. 4",
"parenthetical": "holding the FEA had authority to issue a remedial order in September, 1976, despite plaintiff's contention that FEA had no such power until passage of 42 U.S.C. SS 7193 expressly authorized DOE to issue remedial orders",
"sentence"... | 7,770,831 | b |
Even if late-filed tax documents can sometimes qualify as returns, the BAPCPA definition also demands that a return satisfy "the requirements of applicable nonbankruptcy law." Both parties to this case, and all courts to consider the issue, agree that the term "applicable nonbankruptcy law" incorporates the Beard test. | {
"signal": "cf.",
"identifier": "473 B.R. 504, 507",
"parenthetical": "declining to apply Beard test because the one-day-late rule meant that late tax filings could never be returns, and therefore declining to apply any \"applicable non-bankruptcy law\" at all",
"sentence": "See, e.g., In re Martin, 500 B.R. 1... | {
"signal": "see",
"identifier": "500 B.R. 1, 8",
"parenthetical": "holding that the Beard test \"constituted the 'applicable nonbankruptcy law1 -- pursuant to the first sentence of the hanging paragraph provided by the BAPC-PA -- for purposes of determining whether a filing is a 'return' under SS 523(a",
"sent... | 4,259,964 | b |
Even if late-filed tax documents can sometimes qualify as returns, the BAPCPA definition also demands that a return satisfy "the requirements of applicable nonbankruptcy law." Both parties to this case, and all courts to consider the issue, agree that the term "applicable nonbankruptcy law" incorporates the Beard test. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the Beard test \"constituted the 'applicable nonbankruptcy law1 -- pursuant to the first sentence of the hanging paragraph provided by the BAPC-PA -- for purposes of determining whether a filing is a 'return' under SS 523(a",
"sentence": "See... | {
"signal": "cf.",
"identifier": "473 B.R. 504, 507",
"parenthetical": "declining to apply Beard test because the one-day-late rule meant that late tax filings could never be returns, and therefore declining to apply any \"applicable non-bankruptcy law\" at all",
"sentence": "See, e.g., In re Martin, 500 B.R. 1... | 4,259,964 | a |
Even if late-filed tax documents can sometimes qualify as returns, the BAPCPA definition also demands that a return satisfy "the requirements of applicable nonbankruptcy law." Both parties to this case, and all courts to consider the issue, agree that the term "applicable nonbankruptcy law" incorporates the Beard test. | {
"signal": "cf.",
"identifier": "473 B.R. 504, 507",
"parenthetical": "declining to apply Beard test because the one-day-late rule meant that late tax filings could never be returns, and therefore declining to apply any \"applicable non-bankruptcy law\" at all",
"sentence": "See, e.g., In re Martin, 500 B.R. 1... | {
"signal": "see",
"identifier": "498 B.R. 357, 367",
"parenthetical": "applying Beard test \"to determine whether a late-filed, post-assessment return is, in fact, a 'return' for purposes of dischargeability considerations under clause (i",
"sentence": "See, e.g., In re Martin, 500 B.R. 1, 8 (D.Colo.2013) aff'... | 4,259,964 | b |
Without a rule that plaintiff have a live claim at least when the motion to certify is filed, the "case or controversy" requirement would be almost completely eviscerated in the class action context, since almost anybody might be deemed to have standing to move to certify a class. For example, a concerned citizen, with... | {
"signal": "see also",
"identifier": "434 F.2d 727, 734",
"parenthetical": "\"[A] predicate to appel-lee's right to represent a class is his eligibility to sue in his own right.\"",
"sentence": "Holmes v. Fisher, 854 F.2d 229, 233 (7th Cir.1988) (affirming dismissal of civil rights complaint brought by arreste... | {
"signal": "no signal",
"identifier": "854 F.2d 229, 233",
"parenthetical": "affirming dismissal of civil rights complaint brought by arrestee who claimed he was detained without a warrant but was arraigned before filing the suit",
"sentence": "Holmes v. Fisher, 854 F.2d 229, 233 (7th Cir.1988) (affirming dism... | 10,517,674 | b |
Without a rule that plaintiff have a live claim at least when the motion to certify is filed, the "case or controversy" requirement would be almost completely eviscerated in the class action context, since almost anybody might be deemed to have standing to move to certify a class. For example, a concerned citizen, with... | {
"signal": "no signal",
"identifier": "854 F.2d 229, 233",
"parenthetical": "affirming dismissal of civil rights complaint brought by arrestee who claimed he was detained without a warrant but was arraigned before filing the suit",
"sentence": "Holmes v. Fisher, 854 F.2d 229, 233 (7th Cir.1988) (affirming dism... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[A] predicate to appel-lee's right to represent a class is his eligibility to sue in his own right.\"",
"sentence": "Holmes v. Fisher, 854 F.2d 229, 233 (7th Cir.1988) (affirming dismissal of civil rights complaint brought by arrestee who claimed h... | 10,517,674 | a |
Without a rule that plaintiff have a live claim at least when the motion to certify is filed, the "case or controversy" requirement would be almost completely eviscerated in the class action context, since almost anybody might be deemed to have standing to move to certify a class. For example, a concerned citizen, with... | {
"signal": "no signal",
"identifier": "854 F.2d 229, 233",
"parenthetical": "affirming dismissal of civil rights complaint brought by arrestee who claimed he was detained without a warrant but was arraigned before filing the suit",
"sentence": "Holmes v. Fisher, 854 F.2d 229, 233 (7th Cir.1988) (affirming dism... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[A] predicate to appel-lee's right to represent a class is his eligibility to sue in his own right.\"",
"sentence": "Holmes v. Fisher, 854 F.2d 229, 233 (7th Cir.1988) (affirming dismissal of civil rights complaint brought by arrestee who claimed h... | 10,517,674 | a |
Without a rule that plaintiff have a live claim at least when the motion to certify is filed, the "case or controversy" requirement would be almost completely eviscerated in the class action context, since almost anybody might be deemed to have standing to move to certify a class. For example, a concerned citizen, with... | {
"signal": "no signal",
"identifier": "854 F.2d 229, 233",
"parenthetical": "affirming dismissal of civil rights complaint brought by arrestee who claimed he was detained without a warrant but was arraigned before filing the suit",
"sentence": "Holmes v. Fisher, 854 F.2d 229, 233 (7th Cir.1988) (affirming dism... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[A] predicate to appel-lee's right to represent a class is his eligibility to sue in his own right.\"",
"sentence": "Holmes v. Fisher, 854 F.2d 229, 233 (7th Cir.1988) (affirming dismissal of civil rights complaint brought by arrestee who claimed h... | 10,517,674 | a |
However, neither, the Supreme Court nor this court has adopted the "continuing seizure" doctrine. Thus, even if we assume that being "subject to the authority of the [court]" constitutes a Fourth Amendment seizure, defendants would still be entitled to qualified immunity because the particularized right alleged -- the ... | {
"signal": "see",
"identifier": "132 S.Ct. 2088, 2093",
"parenthetical": "\"[Existing precedent must have placed the statutory or constitutional question beyond debate.\"",
"sentence": "See Reichle v. Howards, — U.S. -, 132 S.Ct. 2088, 2093, 182 L.Ed.2d 985 (2012) (“[Existing precedent must have placed the sta... | {
"signal": "see also",
"identifier": "43 F.Supp.3d 794, 805",
"parenthetical": "\"Far from being clearly established in September 2012, this point of law [regarding \"continuing seizures\" and malicious-prosecution claims] was (and remains) expressly unsettled in this Circuit.\"",
"sentence": "See Reichle v. H... | 4,313,676 | a |
However, neither, the Supreme Court nor this court has adopted the "continuing seizure" doctrine. Thus, even if we assume that being "subject to the authority of the [court]" constitutes a Fourth Amendment seizure, defendants would still be entitled to qualified immunity because the particularized right alleged -- the ... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[Existing precedent must have placed the statutory or constitutional question beyond debate.\"",
"sentence": "See Reichle v. Howards, — U.S. -, 132 S.Ct. 2088, 2093, 182 L.Ed.2d 985 (2012) (“[Existing precedent must have placed the statutory or constitu... | {
"signal": "see also",
"identifier": "43 F.Supp.3d 794, 805",
"parenthetical": "\"Far from being clearly established in September 2012, this point of law [regarding \"continuing seizures\" and malicious-prosecution claims] was (and remains) expressly unsettled in this Circuit.\"",
"sentence": "See Reichle v. H... | 4,313,676 | a |
Standing alone, a vehicle that hails from a purported known drug source area is, at best, a weak factor in finding suspicion of criminal activity. In this Circuit alone, police testimony has identified an extremely broad range of known "drug source areas." | {
"signal": "see also",
"identifier": null,
"parenthetical": "collecting cases and noting that law enforcement officers have identified a number of drug supply states and a significant number of the largest cities in the United States as \"drug source cities\"",
"sentence": "See, e.g., United States v. Nicholso... | {
"signal": "see",
"identifier": "144 F.3d 632, 638",
"parenthetical": "identifying the entire West Coast as a drug source area",
"sentence": "See, e.g., United States v. Nicholson, 144 F.3d 632, 638 (10th Cir.1998) (identifying the entire West Coast as a drug source area); United States v. Scarborough, 128 F.3... | 9,467,870 | b |
We believe that there could be no misunderstanding by a veteran of the horse-racing industry like Perez -- indeed, by any reasonable person -- that banging on tables, repeatedly shouting obscenities and threatening to choke a racing official at an official Stewards' meeting would impede the Stewards' efforts to investi... | {
"signal": "cf.",
"identifier": "39 F.3d 711, 715",
"parenthetical": "observing that although regulation prohibiting \"improper language\" and \"improper conduct\" might be \"seriously deficient\" as a \"norm addressed to the general public for the conduct of daily affairs,\" the regulation is not vague because,... | {
"signal": "see",
"identifier": "739 F.Supp. 792, 793",
"parenthetical": "holding that harness-racing regulation prohibiting \"conduct detrimental to the best interests of racing\" was not vague as applied to plaintiff who was an \"experienced horseman\" and should have known that passing wagering information wa... | 9,243,649 | b |
We believe that there could be no misunderstanding by a veteran of the horse-racing industry like Perez -- indeed, by any reasonable person -- that banging on tables, repeatedly shouting obscenities and threatening to choke a racing official at an official Stewards' meeting would impede the Stewards' efforts to investi... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "observing that although regulation prohibiting \"improper language\" and \"improper conduct\" might be \"seriously deficient\" as a \"norm addressed to the general public for the conduct of daily affairs,\" the regulation is not vague because, inter alia, i... | {
"signal": "see",
"identifier": "739 F.Supp. 792, 793",
"parenthetical": "holding that harness-racing regulation prohibiting \"conduct detrimental to the best interests of racing\" was not vague as applied to plaintiff who was an \"experienced horseman\" and should have known that passing wagering information wa... | 9,243,649 | b |
We believe that there could be no misunderstanding by a veteran of the horse-racing industry like Perez -- indeed, by any reasonable person -- that banging on tables, repeatedly shouting obscenities and threatening to choke a racing official at an official Stewards' meeting would impede the Stewards' efforts to investi... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "observing that although regulation prohibiting \"improper language\" and \"improper conduct\" might be \"seriously deficient\" as a \"norm addressed to the general public for the conduct of daily affairs,\" the regulation is not vague because, inter alia, i... | {
"signal": "see",
"identifier": "739 F.Supp. 792, 793",
"parenthetical": "holding that harness-racing regulation prohibiting \"conduct detrimental to the best interests of racing\" was not vague as applied to plaintiff who was an \"experienced horseman\" and should have known that passing wagering information wa... | 9,243,649 | b |
We believe that there could be no misunderstanding by a veteran of the horse-racing industry like Perez -- indeed, by any reasonable person -- that banging on tables, repeatedly shouting obscenities and threatening to choke a racing official at an official Stewards' meeting would impede the Stewards' efforts to investi... | {
"signal": "see",
"identifier": "739 F.Supp. 792, 793",
"parenthetical": "holding that harness-racing regulation prohibiting \"conduct detrimental to the best interests of racing\" was not vague as applied to plaintiff who was an \"experienced horseman\" and should have known that passing wagering information wa... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "observing that although regulation prohibiting \"improper language\" and \"improper conduct\" might be \"seriously deficient\" as a \"norm addressed to the general public for the conduct of daily affairs,\" the regulation is not vague because, inter alia, i... | 9,243,649 | a |
. Accordingly, the United States Court of Federal Claims has relied on other federal court decisions to construe RCFC 23. | {
"signal": "see also",
"identifier": "68 Fed.Cl. 492, 494, n. 1",
"parenthetical": "\"Owing to the fact that the language of RCFC 23 and Federal Rule 23 is, in many regards, identical, this opinion relies upon nu merous decisions that have construed the relevant portions of the latter rule.\"",
"sentence": "Ha... | {
"signal": "no signal",
"identifier": "89 Fed.Cl. 523, 529-30",
"parenthetical": "\"Cases applying [FRCP 23] have been examined and followed in interpreting RCFC 23.\"",
"sentence": "Haggart v. United States, 89 Fed.Cl. 523, 529-30 (Fed.Cl.2009) (\"Cases applying [FRCP 23] have been examined and followed in in... | 4,283,404 | b |
Plaintiffs' other evidence of public use is unavailing. Darlin Brin's testimony that he and neighborhood children played in the roads and that he walked the roads to travel from his house to Charlotte Amalie High School does not establish an easement for vehicular use, which Plaintiffs seek. Similarly, DeLugo's testimo... | {
"signal": "see",
"identifier": null,
"parenthetical": "use of a driveway in commercial area \"by persons not desiring to shop or to park, but who intended to drive [through] as a matter of convenience or to avoid a traffic light\" was insufficient to show offer to dedicate by property owner",
"sentence": "See... | {
"signal": "see also",
"identifier": "205 S.W.3d 270, 277-278",
"parenthetical": "fact that some members of the general public used parking lot of shopping establishment as a shortcut was insufficient to show an offer to dedicate",
"sentence": "See Blank v. Park Lane Center, 209 Md. 568, 121 A.2d 846, 848 (Md.... | 3,661,260 | a |
Plaintiffs' other evidence of public use is unavailing. Darlin Brin's testimony that he and neighborhood children played in the roads and that he walked the roads to travel from his house to Charlotte Amalie High School does not establish an easement for vehicular use, which Plaintiffs seek. Similarly, DeLugo's testimo... | {
"signal": "see",
"identifier": null,
"parenthetical": "use of a driveway in commercial area \"by persons not desiring to shop or to park, but who intended to drive [through] as a matter of convenience or to avoid a traffic light\" was insufficient to show offer to dedicate by property owner",
"sentence": "See... | {
"signal": "see also",
"identifier": "448 N.W.2d 83, 87-89",
"parenthetical": "use of parking lot as a cut through is insufficient to demonstrate an offer to dedicate",
"sentence": "See Blank v. Park Lane Center, 209 Md. 568, 121 A.2d 846, 848 (Md. 1956) (use of a driveway in commercial area “by persons not de... | 3,661,260 | a |
Plaintiffs' other evidence of public use is unavailing. Darlin Brin's testimony that he and neighborhood children played in the roads and that he walked the roads to travel from his house to Charlotte Amalie High School does not establish an easement for vehicular use, which Plaintiffs seek. Similarly, DeLugo's testimo... | {
"signal": "see",
"identifier": null,
"parenthetical": "use of a driveway in commercial area \"by persons not desiring to shop or to park, but who intended to drive [through] as a matter of convenience or to avoid a traffic light\" was insufficient to show offer to dedicate by property owner",
"sentence": "See... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"mere permissive use of a private road by the general public, however long continued, will not make it a public highway\"",
"sentence": "See Blank v. Park Lane Center, 209 Md. 568, 121 A.2d 846, 848 (Md. 1956) (use of a driveway in commercial area “... | 3,661,260 | a |
Plaintiffs' other evidence of public use is unavailing. Darlin Brin's testimony that he and neighborhood children played in the roads and that he walked the roads to travel from his house to Charlotte Amalie High School does not establish an easement for vehicular use, which Plaintiffs seek. Similarly, DeLugo's testimo... | {
"signal": "see also",
"identifier": "227 N.W. 544, 545",
"parenthetical": "\"mere permissive use of a private road by the general public, however long continued, will not make it a public highway\"",
"sentence": "See Blank v. Park Lane Center, 209 Md. 568, 121 A.2d 846, 848 (Md. 1956) (use of a driveway in co... | {
"signal": "see",
"identifier": null,
"parenthetical": "use of a driveway in commercial area \"by persons not desiring to shop or to park, but who intended to drive [through] as a matter of convenience or to avoid a traffic light\" was insufficient to show offer to dedicate by property owner",
"sentence": "See... | 3,661,260 | b |
Plaintiffs' other evidence of public use is unavailing. Darlin Brin's testimony that he and neighborhood children played in the roads and that he walked the roads to travel from his house to Charlotte Amalie High School does not establish an easement for vehicular use, which Plaintiffs seek. Similarly, DeLugo's testimo... | {
"signal": "see also",
"identifier": "205 S.W.3d 270, 277-278",
"parenthetical": "fact that some members of the general public used parking lot of shopping establishment as a shortcut was insufficient to show an offer to dedicate",
"sentence": "See Blank v. Park Lane Center, 209 Md. 568, 121 A.2d 846, 848 (Md.... | {
"signal": "see",
"identifier": "121 A.2d 846, 848",
"parenthetical": "use of a driveway in commercial area \"by persons not desiring to shop or to park, but who intended to drive [through] as a matter of convenience or to avoid a traffic light\" was insufficient to show offer to dedicate by property owner",
"... | 3,661,260 | b |
Plaintiffs' other evidence of public use is unavailing. Darlin Brin's testimony that he and neighborhood children played in the roads and that he walked the roads to travel from his house to Charlotte Amalie High School does not establish an easement for vehicular use, which Plaintiffs seek. Similarly, DeLugo's testimo... | {
"signal": "see",
"identifier": "121 A.2d 846, 848",
"parenthetical": "use of a driveway in commercial area \"by persons not desiring to shop or to park, but who intended to drive [through] as a matter of convenience or to avoid a traffic light\" was insufficient to show offer to dedicate by property owner",
"... | {
"signal": "see also",
"identifier": "448 N.W.2d 83, 87-89",
"parenthetical": "use of parking lot as a cut through is insufficient to demonstrate an offer to dedicate",
"sentence": "See Blank v. Park Lane Center, 209 Md. 568, 121 A.2d 846, 848 (Md. 1956) (use of a driveway in commercial area “by persons not de... | 3,661,260 | a |
Plaintiffs' other evidence of public use is unavailing. Darlin Brin's testimony that he and neighborhood children played in the roads and that he walked the roads to travel from his house to Charlotte Amalie High School does not establish an easement for vehicular use, which Plaintiffs seek. Similarly, DeLugo's testimo... | {
"signal": "see",
"identifier": "121 A.2d 846, 848",
"parenthetical": "use of a driveway in commercial area \"by persons not desiring to shop or to park, but who intended to drive [through] as a matter of convenience or to avoid a traffic light\" was insufficient to show offer to dedicate by property owner",
"... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"mere permissive use of a private road by the general public, however long continued, will not make it a public highway\"",
"sentence": "See Blank v. Park Lane Center, 209 Md. 568, 121 A.2d 846, 848 (Md. 1956) (use of a driveway in commercial area “... | 3,661,260 | a |
Plaintiffs' other evidence of public use is unavailing. Darlin Brin's testimony that he and neighborhood children played in the roads and that he walked the roads to travel from his house to Charlotte Amalie High School does not establish an easement for vehicular use, which Plaintiffs seek. Similarly, DeLugo's testimo... | {
"signal": "see",
"identifier": "121 A.2d 846, 848",
"parenthetical": "use of a driveway in commercial area \"by persons not desiring to shop or to park, but who intended to drive [through] as a matter of convenience or to avoid a traffic light\" was insufficient to show offer to dedicate by property owner",
"... | {
"signal": "see also",
"identifier": "227 N.W. 544, 545",
"parenthetical": "\"mere permissive use of a private road by the general public, however long continued, will not make it a public highway\"",
"sentence": "See Blank v. Park Lane Center, 209 Md. 568, 121 A.2d 846, 848 (Md. 1956) (use of a driveway in co... | 3,661,260 | a |
We have held that an "estate bringing a decedent's SS 1983 claims may seek damages allowable under a state wrongful death statute." Indiana permits recovery for damages caused by an individual's wrongful acts or omissions that led to the decedent's death, including "[reasonable medical expenses, hospital, funeral, and ... | {
"signal": "see also",
"identifier": "309 F.3d 1041, 1044",
"parenthetical": "\"[T]he ordinary rules of tort causation apply to constitutional tort suits.\"",
"sentence": "See Guzman v. City of Chi, 689 F.3d 740, 745-46 (7th Cir.2012) (“[Liability must be resolved before the question of damages is reached.”); ... | {
"signal": "see",
"identifier": "689 F.3d 740, 745-46",
"parenthetical": "\"[Liability must be resolved before the question of damages is reached.\"",
"sentence": "See Guzman v. City of Chi, 689 F.3d 740, 745-46 (7th Cir.2012) (“[Liability must be resolved before the question of damages is reached.”); see also... | 3,646,919 | b |
We have held that an "estate bringing a decedent's SS 1983 claims may seek damages allowable under a state wrongful death statute." Indiana permits recovery for damages caused by an individual's wrongful acts or omissions that led to the decedent's death, including "[reasonable medical expenses, hospital, funeral, and ... | {
"signal": "see also",
"identifier": "196 F.3d 839, 848",
"parenthetical": "\"[A] plaintiff must demonstrate both that he has suffered an 'actual' present injury and that there is a causal connection between that injury and the deprivation of a constitutionally protected right caused by a defendant.\"",
"sente... | {
"signal": "see",
"identifier": "689 F.3d 740, 745-46",
"parenthetical": "\"[Liability must be resolved before the question of damages is reached.\"",
"sentence": "See Guzman v. City of Chi, 689 F.3d 740, 745-46 (7th Cir.2012) (“[Liability must be resolved before the question of damages is reached.”); see also... | 3,646,919 | b |
While it is difficult to precisely define what, exactly, may constitute a dangerous condition, the cases that consider small holes, voids, or height deviations in walkways or roadway surfaces generally hold that such defects are not dangerous conditions as defined by the Tort Claims Act. | {
"signal": "see also",
"identifier": "2005 WL 2406096, at *3",
"parenthetical": "\"[T]he relevant case law includes many examples of minor surface defects that do not constitute dangerous conditions.\"",
"sentence": "{See, e.g., Polyard, 390 A.2d at 655-56 (three-eighths inch differential in road height not a ... | {
"signal": "no signal",
"identifier": "390 A.2d 655, 655-56",
"parenthetical": "three-eighths inch differential in road height not a dangerous condition for vehicular travel",
"sentence": "{See, e.g., Polyard, 390 A.2d at 655-56 (three-eighths inch differential in road height not a dangerous condition for vehi... | 4,208,492 | b |
While it is difficult to precisely define what, exactly, may constitute a dangerous condition, the cases that consider small holes, voids, or height deviations in walkways or roadway surfaces generally hold that such defects are not dangerous conditions as defined by the Tort Claims Act. | {
"signal": "no signal",
"identifier": "2001 WL 1917169, at *2",
"parenthetical": "one and one-half inch horizontal gap and one and one-quarter inch vertical height difference between concrete sidewalk slabs not a dangerous condition for pedestrians",
"sentence": "{See, e.g., Polyard, 390 A.2d at 655-56 (three-... | {
"signal": "see also",
"identifier": "2005 WL 2406096, at *3",
"parenthetical": "\"[T]he relevant case law includes many examples of minor surface defects that do not constitute dangerous conditions.\"",
"sentence": "{See, e.g., Polyard, 390 A.2d at 655-56 (three-eighths inch differential in road height not a ... | 4,208,492 | a |
While it is difficult to precisely define what, exactly, may constitute a dangerous condition, the cases that consider small holes, voids, or height deviations in walkways or roadway surfaces generally hold that such defects are not dangerous conditions as defined by the Tort Claims Act. | {
"signal": "see also",
"identifier": "2005 WL 2406096, at *3",
"parenthetical": "\"[T]he relevant case law includes many examples of minor surface defects that do not constitute dangerous conditions.\"",
"sentence": "{See, e.g., Polyard, 390 A.2d at 655-56 (three-eighths inch differential in road height not a ... | {
"signal": "no signal",
"identifier": "975 F.Supp. 641, 641",
"parenthetical": "railroad track raised seven-eighths of an inch above roadway surface not a dangerous condition for bicycle riders",
"sentence": "{See, e.g., Polyard, 390 A.2d at 655-56 (three-eighths inch differential in road height not a dangerou... | 4,208,492 | b |
While it is difficult to precisely define what, exactly, may constitute a dangerous condition, the cases that consider small holes, voids, or height deviations in walkways or roadway surfaces generally hold that such defects are not dangerous conditions as defined by the Tort Claims Act. | {
"signal": "see also",
"identifier": "2005 WL 2406096, at *3",
"parenthetical": "\"[T]he relevant case law includes many examples of minor surface defects that do not constitute dangerous conditions.\"",
"sentence": "{See, e.g., Polyard, 390 A.2d at 655-56 (three-eighths inch differential in road height not a ... | {
"signal": "no signal",
"identifier": "2004 WL 2314819, at *4",
"parenthetical": "nail raised one-quarter inch above boardwalk surface not a dangerous condition for pedestrians",
"sentence": "{See, e.g., Polyard, 390 A.2d at 655-56 (three-eighths inch differential in road height not a dangerous condition for v... | 4,208,492 | b |
While it is difficult to precisely define what, exactly, may constitute a dangerous condition, the cases that consider small holes, voids, or height deviations in walkways or roadway surfaces generally hold that such defects are not dangerous conditions as defined by the Tort Claims Act. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "two sidewalk cracks -- one to two inches wide, one-half inch deep, and five to six inches long -- not a dangerous condition for pedestrians",
"sentence": "{See, e.g., Polyard, 390 A.2d at 655-56 (three-eighths inch differential in road height not a ... | {
"signal": "see also",
"identifier": "2005 WL 2406096, at *3",
"parenthetical": "\"[T]he relevant case law includes many examples of minor surface defects that do not constitute dangerous conditions.\"",
"sentence": "{See, e.g., Polyard, 390 A.2d at 655-56 (three-eighths inch differential in road height not a ... | 4,208,492 | a |
P.), the court held that, although a motion to amend the sentence did not come within the precise language of Temp. Rule 13, it was within the coverage of that rule. In affirming this holding, our supreme court noted that "the provisions of subsection (d) [now Rule 24.4] regarding denial of such a motion by operation o... | {
"signal": "see",
"identifier": null,
"parenthetical": "a motion to reconsider the sentence does not fall within that category of motions that tolls the time for appeal",
"sentence": "See, e.g., Martinez v. State, 602 So.2d 504 (Ala.Crim.App.1992) (a motion to reconsider the sentence does not fall within that ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "an application for probation does not fall within the purview of Rule 24.4 and, thus, cannot be denied by operation of law",
"sentence": "Cf. Ex parte Rivers, 669 So.2d 239 (Ala.Crim.App.1995) (an application for probation does not fall within the purview... | 9,179,790 | a |
P 9 And, when the Legislature has intended to reclassify other repetitive misdemeanors as felonies, it has specifically done so in the substantive statute. For instance, the shoplifting statute expressly provides that misdemeanor shoplifting is reclassified as a class 6 felony when the defendant shoplifts on three diff... | {
"signal": "no signal",
"identifier": "213 Ariz. 247, 249-50, ¶ 8",
"parenthetical": "\"[W]e assume that when the legislature uses different language within a statutory scheme, it does so with the intent of ascribing different meanings and consequences to that language.\"",
"sentence": "A.R.S. §§ 13-3601(B), -... | {
"signal": "see also",
"identifier": "203 Ariz. 71, 73, ¶ 11",
"parenthetical": "noting assumption \"that the legislature has said what it means\"",
"sentence": "A.R.S. §§ 13-3601(B), - 3601.02(A), (F). The Legislature has not specified a comparable reclassification for misdemeanor disorderly conduct, and we w... | 12,309,916 | a |
P 9 And, when the Legislature has intended to reclassify other repetitive misdemeanors as felonies, it has specifically done so in the substantive statute. For instance, the shoplifting statute expressly provides that misdemeanor shoplifting is reclassified as a class 6 felony when the defendant shoplifts on three diff... | {
"signal": "no signal",
"identifier": "213 Ariz. 247, 249-50, ¶ 8",
"parenthetical": "\"[W]e assume that when the legislature uses different language within a statutory scheme, it does so with the intent of ascribing different meanings and consequences to that language.\"",
"sentence": "A.R.S. §§ 13-3601(B), -... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting assumption \"that the legislature has said what it means\"",
"sentence": "A.R.S. §§ 13-3601(B), - 3601.02(A), (F). The Legislature has not specified a comparable reclassification for misdemeanor disorderly conduct, and we will not rewrite the ... | 12,309,916 | a |
P 9 And, when the Legislature has intended to reclassify other repetitive misdemeanors as felonies, it has specifically done so in the substantive statute. For instance, the shoplifting statute expressly provides that misdemeanor shoplifting is reclassified as a class 6 felony when the defendant shoplifts on three diff... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[W]e assume that when the legislature uses different language within a statutory scheme, it does so with the intent of ascribing different meanings and consequences to that language.\"",
"sentence": "A.R.S. §§ 13-3601(B), - 3601.02(A), (F). The Le... | {
"signal": "see also",
"identifier": "203 Ariz. 71, 73, ¶ 11",
"parenthetical": "noting assumption \"that the legislature has said what it means\"",
"sentence": "A.R.S. §§ 13-3601(B), - 3601.02(A), (F). The Legislature has not specified a comparable reclassification for misdemeanor disorderly conduct, and we w... | 12,309,916 | a |
P 9 And, when the Legislature has intended to reclassify other repetitive misdemeanors as felonies, it has specifically done so in the substantive statute. For instance, the shoplifting statute expressly provides that misdemeanor shoplifting is reclassified as a class 6 felony when the defendant shoplifts on three diff... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting assumption \"that the legislature has said what it means\"",
"sentence": "A.R.S. §§ 13-3601(B), - 3601.02(A), (F). The Legislature has not specified a comparable reclassification for misdemeanor disorderly conduct, and we will not rewrite the ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[W]e assume that when the legislature uses different language within a statutory scheme, it does so with the intent of ascribing different meanings and consequences to that language.\"",
"sentence": "A.R.S. §§ 13-3601(B), - 3601.02(A), (F). The Le... | 12,309,916 | b |
Contrary to the State's contention and in accord with petitioner's, daytime housebreaking could not possibly be encompassed by the categories of burglary in the first, second, and third degree because a conviction for statutory burglary requires a key element that was not required for a conviction of daytime housebreak... | {
"signal": "see",
"identifier": "291 Md. 688, 692",
"parenthetical": "finding that the crime of breaking and entering a dwelling house could not be a lesser included offense of daytime housebreaking because the former required both a breaking and entering whereas the latter only required a breaking",
"sentence... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that conviction for a crime that required \"breaking and entering\" also required the State to prove that defendant had actually entered the premises",
"sentence": "See, e.g., Hawkins v. State, 291 Md. 688, 692, 436 A.2d 900, 902 (1981) (finding t... | 586,452 | a |
Contrary to the State's contention and in accord with petitioner's, daytime housebreaking could not possibly be encompassed by the categories of burglary in the first, second, and third degree because a conviction for statutory burglary requires a key element that was not required for a conviction of daytime housebreak... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that conviction for a crime that required \"breaking and entering\" also required the State to prove that defendant had actually entered the premises",
"sentence": "See, e.g., Hawkins v. State, 291 Md. 688, 692, 436 A.2d 900, 902 (1981) (finding t... | {
"signal": "see",
"identifier": "291 Md. 688, 692",
"parenthetical": "finding that the crime of breaking and entering a dwelling house could not be a lesser included offense of daytime housebreaking because the former required both a breaking and entering whereas the latter only required a breaking",
"sentence... | 586,452 | b |
Contrary to the State's contention and in accord with petitioner's, daytime housebreaking could not possibly be encompassed by the categories of burglary in the first, second, and third degree because a conviction for statutory burglary requires a key element that was not required for a conviction of daytime housebreak... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that the distinction between daytime housebreaking, which required breaking, and another type of burglary that did not require breaking was significant in the application of mandatory minimum sentencing under SS 643B of Article 27",
"sentence": "Se... | {
"signal": "see",
"identifier": "291 Md. 688, 692",
"parenthetical": "finding that the crime of breaking and entering a dwelling house could not be a lesser included offense of daytime housebreaking because the former required both a breaking and entering whereas the latter only required a breaking",
"sentence... | 586,452 | b |
Contrary to the State's contention and in accord with petitioner's, daytime housebreaking could not possibly be encompassed by the categories of burglary in the first, second, and third degree because a conviction for statutory burglary requires a key element that was not required for a conviction of daytime housebreak... | {
"signal": "see",
"identifier": "291 Md. 688, 692",
"parenthetical": "finding that the crime of breaking and entering a dwelling house could not be a lesser included offense of daytime housebreaking because the former required both a breaking and entering whereas the latter only required a breaking",
"sentence... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that the distinction between daytime housebreaking, which required breaking, and another type of burglary that did not require breaking was significant in the application of mandatory minimum sentencing under SS 643B of Article 27",
"sentence": "Se... | 586,452 | a |
Contrary to the State's contention and in accord with petitioner's, daytime housebreaking could not possibly be encompassed by the categories of burglary in the first, second, and third degree because a conviction for statutory burglary requires a key element that was not required for a conviction of daytime housebreak... | {
"signal": "see",
"identifier": "436 A.2d 900, 902",
"parenthetical": "finding that the crime of breaking and entering a dwelling house could not be a lesser included offense of daytime housebreaking because the former required both a breaking and entering whereas the latter only required a breaking",
"sentenc... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that conviction for a crime that required \"breaking and entering\" also required the State to prove that defendant had actually entered the premises",
"sentence": "See, e.g., Hawkins v. State, 291 Md. 688, 692, 436 A.2d 900, 902 (1981) (finding t... | 586,452 | a |
Contrary to the State's contention and in accord with petitioner's, daytime housebreaking could not possibly be encompassed by the categories of burglary in the first, second, and third degree because a conviction for statutory burglary requires a key element that was not required for a conviction of daytime housebreak... | {
"signal": "see",
"identifier": "436 A.2d 900, 902",
"parenthetical": "finding that the crime of breaking and entering a dwelling house could not be a lesser included offense of daytime housebreaking because the former required both a breaking and entering whereas the latter only required a breaking",
"sentenc... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that conviction for a crime that required \"breaking and entering\" also required the State to prove that defendant had actually entered the premises",
"sentence": "See, e.g., Hawkins v. State, 291 Md. 688, 692, 436 A.2d 900, 902 (1981) (finding t... | 586,452 | a |
Contrary to the State's contention and in accord with petitioner's, daytime housebreaking could not possibly be encompassed by the categories of burglary in the first, second, and third degree because a conviction for statutory burglary requires a key element that was not required for a conviction of daytime housebreak... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that the distinction between daytime housebreaking, which required breaking, and another type of burglary that did not require breaking was significant in the application of mandatory minimum sentencing under SS 643B of Article 27",
"sentence": "Se... | {
"signal": "see",
"identifier": "436 A.2d 900, 902",
"parenthetical": "finding that the crime of breaking and entering a dwelling house could not be a lesser included offense of daytime housebreaking because the former required both a breaking and entering whereas the latter only required a breaking",
"sentenc... | 586,452 | b |
Contrary to the State's contention and in accord with petitioner's, daytime housebreaking could not possibly be encompassed by the categories of burglary in the first, second, and third degree because a conviction for statutory burglary requires a key element that was not required for a conviction of daytime housebreak... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that the distinction between daytime housebreaking, which required breaking, and another type of burglary that did not require breaking was significant in the application of mandatory minimum sentencing under SS 643B of Article 27",
"sentence": "Se... | {
"signal": "see",
"identifier": "436 A.2d 900, 902",
"parenthetical": "finding that the crime of breaking and entering a dwelling house could not be a lesser included offense of daytime housebreaking because the former required both a breaking and entering whereas the latter only required a breaking",
"sentenc... | 586,452 | b |
First, some of these challenges are in the nature of challenges to the expert's conclusions, and therefore not to be considered as bases for exclusion. Second, Defendant's challenges are to the application of the principles, and do not approach the level of altering a reliable methodology to the extent of "skew[ing] th... | {
"signal": "see",
"identifier": "821 A.2d 1097, 1097",
"parenthetical": "even misapplication of product. rule would go to weight, not admissibility",
"sentence": "See, e.g., Whittey, 821 A.2d at 1097 (even misapplication of product. rule would go to weight, not admissibility); State v. Kinder, 942 S.W.2d 313, ... | {
"signal": "see also",
"identifier": "12 F.3d 564, 564-65",
"parenthetical": "under Daubert, challenges to statistics and probability results go to weight, not admissibility",
"sentence": "See, e.g., Whittey, 821 A.2d at 1097 (even misapplication of product. rule would go to weight, not admissibility); State v... | 5,728,267 | a |
First, some of these challenges are in the nature of challenges to the expert's conclusions, and therefore not to be considered as bases for exclusion. Second, Defendant's challenges are to the application of the principles, and do not approach the level of altering a reliable methodology to the extent of "skew[ing] th... | {
"signal": "see also",
"identifier": "12 F.3d 564, 564-65",
"parenthetical": "under Daubert, challenges to statistics and probability results go to weight, not admissibility",
"sentence": "See, e.g., Whittey, 821 A.2d at 1097 (even misapplication of product. rule would go to weight, not admissibility); State v... | {
"signal": "see",
"identifier": "103 S.W.3d 346, 359-60",
"parenthetical": "any criticism of particular statistical methods goes to weight only, and is for jury to decide",
"sentence": "See, e.g., Whittey, 821 A.2d at 1097 (even misapplication of product. rule would go to weight, not admissibility); State v. K... | 5,728,267 | b |
At oral argument counsel for debtor asserted that the Bankruptcy Court's finding is speculative. To this claim we need only observe that the Bankruptcy Court drew an entirely fair inference from the record presented it, and that, were there more to Tim Wargo, Jr.'s role in the conduct of the farming of debtor's acreage... | {
"signal": "see also",
"identifier": "664 F.2d 184, 186",
"parenthetical": "party filing involuntary petition bears burden of proving entitlement to such relief",
"sentence": "See In re Rott, 73 B.R. 366, 371 (Bankr.D.N.D.1987) (party filing Chapter 12 petition bears burden of proving eligibility); see also Je... | {
"signal": "see",
"identifier": "73 B.R. 366, 371",
"parenthetical": "party filing Chapter 12 petition bears burden of proving eligibility",
"sentence": "See In re Rott, 73 B.R. 366, 371 (Bankr.D.N.D.1987) (party filing Chapter 12 petition bears burden of proving eligibility); see also Jenkins v. Petitioning C... | 10,537,714 | b |
Finally, Plaintiff attempts to derive an express warranty from Maserati's claim that the Ghibli has "[s]tate of the art engineering," which "inevitably enhances the Ghibli's reliability, for which Maserati is world renowned." (Dkt 17 at 7; see also FAC P 30; SUF at 30.) But Maserati's statements in this regard constitu... | {
"signal": "see",
"identifier": "2015 WL 151489, at *5",
"parenthetical": "\"This order detects nothing 'specific or measurable' about the phrases 'Most Advanced Notebook Ever' or 'State-of-the-Art.' Those representations 'and the four put forth in the complaint constitute non-actionable puf-fery.\"",
"sentenc... | {
"signal": "no signal",
"identifier": "469 Fed.Appx. 605, 607",
"parenthetical": "affirming dismissal on basis that descriptors such as \"durable,\" \"reliable,\" and \"high performance\" were not actionable",
"sentence": "Vitt v. Apple Computer, Inc., 469 Fed.Appx. 605, 607 (9th Cir. 2012) (affirming dismissa... | 12,271,985 | b |
Mr. McGowan concedes that his arguments are foreclosed by binding circuit and Supreme Court precedent, but raises the issues only to preserve them for further review. | {
"signal": "see also",
"identifier": "711 F.3d 1255, 1259",
"parenthetical": "explaining that Almendarez-Torres remains good law and \"binding until it is overruled by the Supreme Court\"",
"sentence": "See also United States v. Weeks, 711 F.3d 1255, 1259 (11th Cir. 2013) (explaining that Almendarez-Torres rem... | {
"signal": "see",
"identifier": "713 F.3d 627, 635",
"parenthetical": "holding that a district court may review Shepard documents \"to determine 'the factual nature' of prior convictions for ACCA purposes, 'including whether they were committed on different occasions'\"",
"sentence": "See United States v. Over... | 12,401,949 | b |
Mr. McGowan concedes that his arguments are foreclosed by binding circuit and Supreme Court precedent, but raises the issues only to preserve them for further review. | {
"signal": "see also",
"identifier": "711 F.3d 1255, 1259",
"parenthetical": "explaining that Almendarez-Torres remains good law and \"binding until it is overruled by the Supreme Court\"",
"sentence": "See also United States v. Weeks, 711 F.3d 1255, 1259 (11th Cir. 2013) (explaining that Almendarez-Torres rem... | {
"signal": "see",
"identifier": "523 U.S. 224, 226-27",
"parenthetical": "holding that, for sentencing purposes, the government does not need to allege a defendant's prior conviction or prove the fact of a prior conviction where that fact \"is not an element of the present crime\"",
"sentence": "See United Sta... | 12,401,949 | b |
Mr. McGowan concedes that his arguments are foreclosed by binding circuit and Supreme Court precedent, but raises the issues only to preserve them for further review. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that, for sentencing purposes, the government does not need to allege a defendant's prior conviction or prove the fact of a prior conviction where that fact \"is not an element of the present crime\"",
"sentence": "See United States v. Overstreet,... | {
"signal": "see also",
"identifier": "711 F.3d 1255, 1259",
"parenthetical": "explaining that Almendarez-Torres remains good law and \"binding until it is overruled by the Supreme Court\"",
"sentence": "See also United States v. Weeks, 711 F.3d 1255, 1259 (11th Cir. 2013) (explaining that Almendarez-Torres rem... | 12,401,949 | a |
Mr. McGowan concedes that his arguments are foreclosed by binding circuit and Supreme Court precedent, but raises the issues only to preserve them for further review. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that, for sentencing purposes, the government does not need to allege a defendant's prior conviction or prove the fact of a prior conviction where that fact \"is not an element of the present crime\"",
"sentence": "See United States v. Overstreet,... | {
"signal": "see also",
"identifier": "711 F.3d 1255, 1259",
"parenthetical": "explaining that Almendarez-Torres remains good law and \"binding until it is overruled by the Supreme Court\"",
"sentence": "See also United States v. Weeks, 711 F.3d 1255, 1259 (11th Cir. 2013) (explaining that Almendarez-Torres rem... | 12,401,949 | a |
Omnibus Opp'n 15-16.) But while Rule 9(c) allows parties, in pleading conditions precedent to bringing suit, to "allege generally that all conditions precedent have occurred or been performed," Plaintiffs cannot allege something they know to be untrue, see Fed.R.Civ.P. 11(b), and they admit that they have not complied ... | {
"signal": "no signal",
"identifier": "2010 WL 3324705, at *4",
"parenthetical": "refusing to credit similar general averments of compliance with a no-action clause in light of plaintiffs' contrary admissions",
"sentence": "Capital, Inc., No. 09 Civ. 6904(JFG), 2010 WL 3324705, at *4 (N.D.I11. Aug. 20, 2010) {... | {
"signal": "see also",
"identifier": "151 F.Supp.2d 371, 405",
"parenthetical": "\"[A] court need not feel constrained to accept as truth conflicting pleadings that make no sense, or that would render a claim incoherent, or that are contradicted [ ] by statements in the complaint itself____\"",
"sentence": "Ca... | 5,763,854 | a |
In contrast to the well-settled rule for criminal cases, as of this date, the Ninth Circuit has not made a clear statement as to the time when jeopardy attaches in a civil forfeiture case. Several decisions, however, provide guidance on this question. | {
"signal": "see also",
"identifier": "57 F.3d 873, 874-75",
"parenthetical": "conviction does not violate double jeopardy where defendant entered guilty plea before entering into settlement agreement in civil forfeiture proceeding",
"sentence": "See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995) (h... | {
"signal": "see",
"identifier": "61 F.3d 1422, 1428",
"parenthetical": "holding that conviction did not violate double jeopardy where jury was empaneled and sworn in criminal trial before defendant filed answer to forfeiture complaint",
"sentence": "See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995... | 7,790,576 | b |
In contrast to the well-settled rule for criminal cases, as of this date, the Ninth Circuit has not made a clear statement as to the time when jeopardy attaches in a civil forfeiture case. Several decisions, however, provide guidance on this question. | {
"signal": "see",
"identifier": "61 F.3d 1422, 1428",
"parenthetical": "holding that conviction did not violate double jeopardy where jury was empaneled and sworn in criminal trial before defendant filed answer to forfeiture complaint",
"sentence": "See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995... | {
"signal": "see also",
"identifier": "62 F.3d 1212, 1214-15",
"parenthetical": "holding that jeopardy does not attach in the administrative process preliminary to formal forfeiture proceedings even when the petitioner has filed a petition for remission or mitigation",
"sentence": "See United States v. Kearns, ... | 7,790,576 | a |
In contrast to the well-settled rule for criminal cases, as of this date, the Ninth Circuit has not made a clear statement as to the time when jeopardy attaches in a civil forfeiture case. Several decisions, however, provide guidance on this question. | {
"signal": "see",
"identifier": "61 F.3d 1422, 1428",
"parenthetical": "holding that conviction did not violate double jeopardy where jury was empaneled and sworn in criminal trial before defendant filed answer to forfeiture complaint",
"sentence": "See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995... | {
"signal": "see also",
"identifier": "65 F.3d 781, 783",
"parenthetical": "stating that there must be a degree of finality to the civil proceeding before double jeopardy may be deemed to attach",
"sentence": "See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995) (holding that conviction did not violat... | 7,790,576 | a |
In contrast to the well-settled rule for criminal cases, as of this date, the Ninth Circuit has not made a clear statement as to the time when jeopardy attaches in a civil forfeiture case. Several decisions, however, provide guidance on this question. | {
"signal": "see also",
"identifier": "57 F.3d 873, 874-75",
"parenthetical": "conviction does not violate double jeopardy where defendant entered guilty plea before entering into settlement agreement in civil forfeiture proceeding",
"sentence": "See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995) (h... | {
"signal": "see",
"identifier": "46 F.3d 51, 52",
"parenthetical": "jeopardy attaches no earlier than date on which defendant filed answer to forfeiture complaint",
"sentence": "See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995) (holding that conviction did not violate double jeopardy where jury wa... | 7,790,576 | b |
In contrast to the well-settled rule for criminal cases, as of this date, the Ninth Circuit has not made a clear statement as to the time when jeopardy attaches in a civil forfeiture case. Several decisions, however, provide guidance on this question. | {
"signal": "see also",
"identifier": "62 F.3d 1212, 1214-15",
"parenthetical": "holding that jeopardy does not attach in the administrative process preliminary to formal forfeiture proceedings even when the petitioner has filed a petition for remission or mitigation",
"sentence": "See United States v. Kearns, ... | {
"signal": "see",
"identifier": "46 F.3d 51, 52",
"parenthetical": "jeopardy attaches no earlier than date on which defendant filed answer to forfeiture complaint",
"sentence": "See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995) (holding that conviction did not violate double jeopardy where jury wa... | 7,790,576 | b |
In contrast to the well-settled rule for criminal cases, as of this date, the Ninth Circuit has not made a clear statement as to the time when jeopardy attaches in a civil forfeiture case. Several decisions, however, provide guidance on this question. | {
"signal": "see also",
"identifier": "65 F.3d 781, 783",
"parenthetical": "stating that there must be a degree of finality to the civil proceeding before double jeopardy may be deemed to attach",
"sentence": "See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995) (holding that conviction did not violat... | {
"signal": "see",
"identifier": "46 F.3d 51, 52",
"parenthetical": "jeopardy attaches no earlier than date on which defendant filed answer to forfeiture complaint",
"sentence": "See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995) (holding that conviction did not violate double jeopardy where jury wa... | 7,790,576 | b |
Yet, when police stopped Moore, he claimed to be traveling from Lawrenceville, Georgia, to visit his grandmother in Marion, North Carolina at approxi mately 1:10 a.m. -- less than twelve hours after the vehicle was rented. The trial court found this circumstance also supported a finding of reasonable suspicion, noting ... | {
"signal": "cf.",
"identifier": "209 F.3d 353, 361",
"parenthetical": "\"[A] reasonable officer could conclude that few innocent travelers from New York City are traveling northbound on Interstate 95 in South Carolina at 3:30 a.m. in a vehicle rented in Miami fourteen hours earlier.\"",
"sentence": "See United... | {
"signal": "see",
"identifier": "650 F.3d 498, 513",
"parenthetical": "noting an unusual travel itinerary, \"coupled with other compelling suspicious behavior,\" supports a finding of reasonable suspicion",
"sentence": "See United States v. Digiovanni, 650 F.3d 498, 513 (4th Cir.2011) (noting an unusual travel... | 4,187,128 | b |
Subsequent courts have followed the Supreme Court's guidance in Burbank in determining whether local ordinances are preempted under the Federal Aviation Act. | {
"signal": "see also",
"identifier": null,
"parenthetical": "village ordinance preventing aircraft from flying over village at less than one thousand feet was unconstitutional",
"sentence": "See United States v. City of Berkeley, 735 F.Supp. 937 (E.D.Mo.1990) (FAA regulations preempt city’s building code); Blu... | {
"signal": "see",
"identifier": null,
"parenthetical": "court found that city ordinance restricting noise was preempted by federal law",
"sentence": "See United States v. City of Berkeley, 735 F.Supp. 937 (E.D.Mo.1990) (FAA regulations preempt city’s building code); Blue Sky Entertainment, Inc. v. Town of Gard... | 1,195,014 | b |
Calculation of the rate for prejudgment interest also "rests firmly within the sound discretion of the trial court." Courts commonly look to state statutory prejudgment interest provisions as guidelines for a reasonable rate. | {
"signal": "cf.",
"identifier": "100 F.3d 220, 224-25",
"parenthetical": "noting that because \"ERISA is inscrutable on the subject\" of the appropriate rate of prejudgment interest, \"courts have discretion to select an appropriate rate, and they may look to outside sources, including state law, for guidance\""... | {
"signal": "see",
"identifier": "289 F.3d 1244, 1244",
"parenthetical": "holding that \"district court did not abuse its discretion in awarding prejudgment interest at the Colorado statutory rate of 8 percent\"",
"sentence": "See, e.g., Allison, 289 F.3d at 1244 (holding that “district court did not abuse its ... | 3,752,087 | b |
But each case will turn on its specific facts. Particularly in the context of small, closely held corporations, a corporate insider may stand to lose more than an outside creditor from a majority shareholder's fraudulent abuse of the corporation's limited liability. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "recognizing special dangers and creating protections under Massachusetts common law for minority shareholders in closely held corporation",
"sentence": "Cf. Donahue v. Rodd Electrotype Co., 367 Mass. 578, 328 N.E.2d 505, 514-16 (1975) (recognizing special... | {
"signal": "but see",
"identifier": "626 A.2d 1366, 1379-81",
"parenthetical": "declining to judicially create parallel rule under Delaware common law",
"sentence": "Cf. Donahue v. Rodd Electrotype Co., 367 Mass. 578, 328 N.E.2d 505, 514-16 (1975) (recognizing special dangers and creating protections under Mas... | 3,627,523 | a |
But each case will turn on its specific facts. Particularly in the context of small, closely held corporations, a corporate insider may stand to lose more than an outside creditor from a majority shareholder's fraudulent abuse of the corporation's limited liability. | {
"signal": "but see",
"identifier": "626 A.2d 1366, 1379-81",
"parenthetical": "declining to judicially create parallel rule under Delaware common law",
"sentence": "Cf. Donahue v. Rodd Electrotype Co., 367 Mass. 578, 328 N.E.2d 505, 514-16 (1975) (recognizing special dangers and creating protections under Mas... | {
"signal": "cf.",
"identifier": "328 N.E.2d 505, 514-16",
"parenthetical": "recognizing special dangers and creating protections under Massachusetts common law for minority shareholders in closely held corporation",
"sentence": "Cf. Donahue v. Rodd Electrotype Co., 367 Mass. 578, 328 N.E.2d 505, 514-16 (1975) ... | 3,627,523 | b |
A review of the authorities offered by both the SEC and the movants reveals that there is disagreement within the courts concerning the application of Section 21(g) to intervention motions. Compare SEC v. Flight Trans. | {
"signal": "no signal",
"identifier": "171 F.R.D. 1, 4",
"parenthetical": "rejecting Section 21(g) as a bar to non-consensual intervention in certain SEC actions",
"sentence": "Corp., 699 F.2d 943, 950 (8th Cir.1983) (rejecting Section 21(g) as bar to intervention in SEC enforcement actions); SEC v. Prudential... | {
"signal": "see also",
"identifier": "1998 WL 29496, at *3",
"parenthetical": "holding that, as applied to case in which applicants for intervention \"are already plaintiffs in another ongoing lawsuit and that the matter on which they wish to expound ... is squarely before the other court,\" Section 21(g",
"se... | 200,139 | a |
A review of the authorities offered by both the SEC and the movants reveals that there is disagreement within the courts concerning the application of Section 21(g) to intervention motions. Compare SEC v. Flight Trans. | {
"signal": "no signal",
"identifier": "1993 WL 34702, at *1",
"parenthetical": "holding that Section 21(g) operates as \"impenetrable wall\" to intervention by victim of fraudulent scheme in SEC enforcement action",
"sentence": "Corp., 699 F.2d 943, 950 (8th Cir.1983) (rejecting Section 21(g) as bar to interve... | {
"signal": "see also",
"identifier": "1998 WL 29496, at *3",
"parenthetical": "holding that, as applied to case in which applicants for intervention \"are already plaintiffs in another ongoing lawsuit and that the matter on which they wish to expound ... is squarely before the other court,\" Section 21(g",
"se... | 200,139 | a |
This presumption would not apply where a defendant challenges the substantive reasonableness on other grounds. In addition, this presumption of reasonableness would not be applied where the Government appeals that a district court's sentence is substantively unreasonable. | {
"signal": "see",
"identifier": "528 F.3d 260, 260-61",
"parenthetical": "applying the usual Gall analysis when considering the Government's cross-appeal challenging the substantive reasonableness of a below-Guidelines term of imprisonment",
"sentence": "See, e.g., Ahu Ali, 528 F.3d at 260-61 (applying the usu... | {
"signal": "see also",
"identifier": null,
"parenthetical": "apply ing no presumption when considering the substantive reasonableness of a sentence of probation when the Guidelines included a term of imprisonment",
"sentence": "See, e.g., Ahu Ali, 528 F.3d at 260-61 (applying the usual Gall analysis when consi... | 3,747,572 | a |
This presumption would not apply where a defendant challenges the substantive reasonableness on other grounds. In addition, this presumption of reasonableness would not be applied where the Government appeals that a district court's sentence is substantively unreasonable. | {
"signal": "see",
"identifier": "528 F.3d 260, 260-61",
"parenthetical": "applying the usual Gall analysis when considering the Government's cross-appeal challenging the substantive reasonableness of a below-Guidelines term of imprisonment",
"sentence": "See, e.g., Ahu Ali, 528 F.3d at 260-61 (applying the usu... | {
"signal": "see also",
"identifier": null,
"parenthetical": "apply ing no presumption when considering the substantive reasonableness of a sentence of probation when the Guidelines included a term of imprisonment",
"sentence": "See, e.g., Ahu Ali, 528 F.3d at 260-61 (applying the usual Gall analysis when consi... | 3,747,572 | a |
This presumption would not apply where a defendant challenges the substantive reasonableness on other grounds. In addition, this presumption of reasonableness would not be applied where the Government appeals that a district court's sentence is substantively unreasonable. | {
"signal": "see also",
"identifier": null,
"parenthetical": "apply ing no presumption when considering the substantive reasonableness of a sentence of probation when the Guidelines included a term of imprisonment",
"sentence": "See, e.g., Ahu Ali, 528 F.3d at 260-61 (applying the usual Gall analysis when consi... | {
"signal": "see",
"identifier": "528 F.3d 260, 260-61",
"parenthetical": "applying the usual Gall analysis when considering the Government's cross-appeal challenging the substantive reasonableness of a below-Guidelines term of imprisonment",
"sentence": "See, e.g., Ahu Ali, 528 F.3d at 260-61 (applying the usu... | 3,747,572 | b |
Kennedy has cited no authority for this proposition. To the contrary, the law in South Carolina allows the context of the words themselves and the circumstances under which the words are spoken to be considered in determining whether there is a defamatoiy meaning and whether it is actionable per se. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding under South Carolina law, where words themselves do not impute the commission of a crime, the juiy may consider surrounding circumstances to determine whether statement was defamatory because it charged the commission of a crime",
"sentence": "Sto... | {
"signal": "no signal",
"identifier": "222 S.C. 226, 235",
"parenthetical": "holding that when considered in light of circumstances, employer's statement that employee was \"short\" was clearly defamatory and actionable per se because it alleged the commission of a crime, namely theft",
"sentence": "Herring v.... | 214,287 | b |
Kennedy has cited no authority for this proposition. To the contrary, the law in South Carolina allows the context of the words themselves and the circumstances under which the words are spoken to be considered in determining whether there is a defamatoiy meaning and whether it is actionable per se. | {
"signal": "no signal",
"identifier": "72 S.E.2d 453, 455",
"parenthetical": "holding that when considered in light of circumstances, employer's statement that employee was \"short\" was clearly defamatory and actionable per se because it alleged the commission of a crime, namely theft",
"sentence": "Herring v... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding under South Carolina law, where words themselves do not impute the commission of a crime, the juiy may consider surrounding circumstances to determine whether statement was defamatory because it charged the commission of a crime",
"sentence": "Sto... | 214,287 | a |
This aspect of Rubright may seem to be in tension with several cases holding that legal fathers whose biological paternity is disestablished should normally be granted only prospective relief from their child support obligations. But the tension is more apparent than real: Any potential overlap in child support obligat... | {
"signal": "see",
"identifier": "739 P.2d 1298, 1299",
"parenthetical": "\"A parent's duty of support encompasses a duty to reimburse other persons who provide the support the parent owes.\"",
"sentence": "See Matthews v. Matthews, 739 P.2d 1298, 1299 (Alaska 1987) (\"A parent's duty of support encompasses a d... | {
"signal": "cf.",
"identifier": "553 So.2d 847, 854-55",
"parenthetical": "recognizing the concept of \"dual paternity\" in which a child born into a marriage with a non-biological father retains a legal parent/child relationship based on presumptive fatherhood for purposes of legitimacy and inheritance, while b... | 11,583,201 | a |
This aspect of Rubright may seem to be in tension with several cases holding that legal fathers whose biological paternity is disestablished should normally be granted only prospective relief from their child support obligations. But the tension is more apparent than real: Any potential overlap in child support obligat... | {
"signal": "see",
"identifier": "739 P.2d 1298, 1299",
"parenthetical": "\"A parent's duty of support encompasses a duty to reimburse other persons who provide the support the parent owes.\"",
"sentence": "See Matthews v. Matthews, 739 P.2d 1298, 1299 (Alaska 1987) (\"A parent's duty of support encompasses a d... | {
"signal": "see also",
"identifier": "946 P.2d 446, 450",
"parenthetical": "recognizing that \"child support arrearages are imposable by law from the date of a child's birth\"",
"sentence": "See also Flanigin v. State, CSED, 946 P.2d 446, 450 (Alaska 1997) (recognizing that \"child support arrearages are impos... | 11,583,201 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "412 U.S. 247, 247",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent s... | {
"signal": "cf.",
"identifier": "161 N.J. 515, 615",
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are ... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | {
"signal": "see",
"identifier": "412 U.S. 247, 247",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent s... | 3,762,445 | b |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "412 U.S. 247, 247",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent s... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | {
"signal": "see",
"identifier": "412 U.S. 247, 247",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent s... | 3,762,445 | b |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "412 U.S. 247, 247",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent s... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "412 U.S. 247, 247",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent s... | {
"signal": "cf.",
"identifier": "152 N.J. 86, 103",
"parenthetical": "noting that, during interview of defendant in his home, he had \"complete freedom to come and go as he pleased\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches ar... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "412 U.S. 247, 247",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent s... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that, during interview of defendant in his home, he had \"complete freedom to come and go as he pleased\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inheren... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "cf.",
"identifier": "161 N.J. 515, 615",
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are ... | {
"signal": "see",
"identifier": "93 S.Ct. 2058, 2058",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | 3,762,445 | b |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "93 S.Ct. 2058, 2058",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "93 S.Ct. 2058, 2058",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | {
"signal": "see",
"identifier": "93 S.Ct. 2058, 2058",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | 3,762,445 | b |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | {
"signal": "see",
"identifier": "93 S.Ct. 2058, 2058",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | 3,762,445 | b |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "93 S.Ct. 2058, 2058",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | {
"signal": "cf.",
"identifier": "152 N.J. 86, 103",
"parenthetical": "noting that, during interview of defendant in his home, he had \"complete freedom to come and go as he pleased\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches ar... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that, during interview of defendant in his home, he had \"complete freedom to come and go as he pleased\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inheren... | {
"signal": "see",
"identifier": "93 S.Ct. 2058, 2058",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | 3,762,445 | b |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "36 L.Ed.2d 874, 874",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | {
"signal": "cf.",
"identifier": "161 N.J. 515, 615",
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are ... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "36 L.Ed.2d 874, 874",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "36 L.Ed.2d 874, 874",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "36 L.Ed.2d 874, 874",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | {
"signal": "see",
"identifier": "36 L.Ed.2d 874, 874",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | 3,762,445 | b |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "cf.",
"identifier": "152 N.J. 86, 103",
"parenthetical": "noting that, during interview of defendant in his home, he had \"complete freedom to come and go as he pleased\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches ar... | {
"signal": "see",
"identifier": "36 L.Ed.2d 874, 874",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | 3,762,445 | b |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "36 L.Ed.2d 874, 874",
"parenthetical": "suggesting that consent searches are not \"inherently coercive\" when they \"occur on a person's own familiar territory\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that, during interview of defendant in his home, he had \"complete freedom to come and go as he pleased\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inheren... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "cf.",
"identifier": "161 N.J. 515, 615",
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are ... | {
"signal": "see",
"identifier": "378 F.3d 584, 589",
"parenthetical": "stating that \"a man's home is his castle,\" and that \"police may be kept out or invited in as informally as any other guest\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that con... | 3,762,445 | b |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "see",
"identifier": "378 F.3d 584, 589",
"parenthetical": "stating that \"a man's home is his castle,\" and that \"police may be kept out or invited in as informally as any other guest\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that con... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | 3,762,445 | a |
The choices are not so stark for the person who, in the familiar surroundings of his home, can send the police away without fear of immediate repercussions. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that, because questioning of defendant took place in his home, it \"was not inherently intimidating\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that consent searches are not “inherently... | {
"signal": "see",
"identifier": "378 F.3d 584, 589",
"parenthetical": "stating that \"a man's home is his castle,\" and that \"police may be kept out or invited in as informally as any other guest\"",
"sentence": "See Schneckloth, supra, 412 U.S. at 247, 93 S.Ct. at 2058, 36 L.Ed.2d at 874 (suggesting that con... | 3,762,445 | b |
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