context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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|---|---|---|---|---|
It is a well settled principle that "a State Legislature may not enact laws that are in derogation of the Constitution." | {
"signal": "see",
"identifier": "74 Md. 326, 328",
"parenthetical": "\"[Qualifications [for voting in Maryland], fixed by the organic law, can neither be enlarged nor curtailed by the General Assembly\"",
"sentence": "See, e.g., Williams v. Rhodes, 393 U.S. 23, 29, 89 S.Ct. 5, 10, 21 L.Ed.2d 24, 29 (1968) (“[W... | {
"signal": "no signal",
"identifier": "404 A.2d 1027, 1037",
"parenthetical": "noting that the constitutional authority to implement a constitutional provision, by rules, does not authorize a rule which is inconsistent with that provision, as it would be a \"license ... to make a substantive change in the Maryla... | 4,111,678 | b |
It is a well settled principle that "a State Legislature may not enact laws that are in derogation of the Constitution." | {
"signal": "no signal",
"identifier": "404 A.2d 1027, 1037",
"parenthetical": "noting that the constitutional authority to implement a constitutional provision, by rules, does not authorize a rule which is inconsistent with that provision, as it would be a \"license ... to make a substantive change in the Maryla... | {
"signal": "see",
"identifier": "22 A. 137, 137",
"parenthetical": "\"[Qualifications [for voting in Maryland], fixed by the organic law, can neither be enlarged nor curtailed by the General Assembly\"",
"sentence": "See, e.g., Williams v. Rhodes, 393 U.S. 23, 29, 89 S.Ct. 5, 10, 21 L.Ed.2d 24, 29 (1968) (“[W]... | 4,111,678 | a |
In this case, no explanation or reason was given by the trial court as to its justification for the entry of the final judgment for Peco, aside from the formulaic recitation of "no just reason for delay." This failure by the trial court to include a reasoned explanation makes any review by this Court, as to whether the... | {
"signal": "see",
"identifier": "782 F.2d 61, 61",
"parenthetical": "the district court's failure to give a reasoned statement regarding its entry of a Rule 54(b) judgment makes any appellate \"judgment as to the propriety of certification speculative, both as to whether any consideration was given to the order ... | {
"signal": "see also",
"identifier": "533 F.3d 924, 928",
"parenthetical": "the district court's failure to provide specific reasons for its Rule 54(b",
"sentence": "See Solomon, 782 F.2d at 61 (the district court’s failure to give a reasoned statement regarding its entry of a Rule 54(b) judgment makes any app... | 7,026,372 | a |
Plaintiff's status, however, as either a pretrial detainee or convicted prisoner does not affect analysis of his claims. While Plaintiff's claims as a pretrial detainee are governed by the Fourteenth Amendment's Due Process Clause, the Tenth Circuit has determined the scope of this protection is co-extensive with the E... | {
"signal": "see",
"identifier": "164 F.3d 490, 495",
"parenthetical": "\"Although the Due Process Clause governs a pretrial detainee's claim of unconstitutional conditions of confinement, the Eighth Amendment standard provides the benchmark for such claims.\"",
"sentence": "See Craig v. Eberly, 164 F.3d 490, 4... | {
"signal": "see also",
"identifier": "312 F.3d 1304, 1315",
"parenthetical": "\"Pretrial detainees are protected under the Due Process Clause rather than the Eighth Amendment, [and courts in this circuit] appl[y] an analysis identical to that applied in Eighth Amendment cases brought pursuant to SS 1983.\"",
"... | 3,820,068 | a |
We express no opinion on whether products liability claims are preempted only if the manufacturer complied with applicable FDA regulations. | {
"signal": "see also",
"identifier": "961 F.2d 1334, 1334",
"parenthetical": "scope of preemption under MDA \"is limited to efforts by states to impose sanctions for compliance with federal regulations\"",
"sentence": "See Reiter v. Zimmer, 830 F.Supp. 199, 204 (S.D.N.Y.1993) (refusing to extend preemptive rea... | {
"signal": "see",
"identifier": "830 F.Supp. 199, 204",
"parenthetical": "refusing to extend preemptive reach of MDA to negligence claim against manufacturer that allegedly violated FDA requirements",
"sentence": "See Reiter v. Zimmer, 830 F.Supp. 199, 204 (S.D.N.Y.1993) (refusing to extend preemptive reach of... | 10,501,865 | b |
To focus our inquiry, we must first define the relevant forum to which the Unions seek access. As we have thus far assumed, the local government payroll systems (rather than, say, local government property in general) constitute the relevant forum for our analysis. | {
"signal": "see also",
"identifier": "473 U.S. 800, 800",
"parenthetical": "counseling a \"tailored approach\" to defining the parameters of a government forum",
"sentence": "See Perry, 460 U.S. at 44, 103 S.Ct. 948 (considering teachers’ mailboxes, rather than the entire school, to be the relevant forum for p... | {
"signal": "see",
"identifier": "460 U.S. 44, 44",
"parenthetical": "considering teachers' mailboxes, rather than the entire school, to be the relevant forum for purposes of forum analysis",
"sentence": "See Perry, 460 U.S. at 44, 103 S.Ct. 948 (considering teachers’ mailboxes, rather than the entire school, t... | 4,069,722 | b |
To focus our inquiry, we must first define the relevant forum to which the Unions seek access. As we have thus far assumed, the local government payroll systems (rather than, say, local government property in general) constitute the relevant forum for our analysis. | {
"signal": "see also",
"identifier": null,
"parenthetical": "counseling a \"tailored approach\" to defining the parameters of a government forum",
"sentence": "See Perry, 460 U.S. at 44, 103 S.Ct. 948 (considering teachers’ mailboxes, rather than the entire school, to be the relevant forum for purposes of foru... | {
"signal": "see",
"identifier": "460 U.S. 44, 44",
"parenthetical": "considering teachers' mailboxes, rather than the entire school, to be the relevant forum for purposes of forum analysis",
"sentence": "See Perry, 460 U.S. at 44, 103 S.Ct. 948 (considering teachers’ mailboxes, rather than the entire school, t... | 4,069,722 | b |
To focus our inquiry, we must first define the relevant forum to which the Unions seek access. As we have thus far assumed, the local government payroll systems (rather than, say, local government property in general) constitute the relevant forum for our analysis. | {
"signal": "see",
"identifier": null,
"parenthetical": "considering teachers' mailboxes, rather than the entire school, to be the relevant forum for purposes of forum analysis",
"sentence": "See Perry, 460 U.S. at 44, 103 S.Ct. 948 (considering teachers’ mailboxes, rather than the entire school, to be the rele... | {
"signal": "see also",
"identifier": "473 U.S. 800, 800",
"parenthetical": "counseling a \"tailored approach\" to defining the parameters of a government forum",
"sentence": "See Perry, 460 U.S. at 44, 103 S.Ct. 948 (considering teachers’ mailboxes, rather than the entire school, to be the relevant forum for p... | 4,069,722 | a |
To focus our inquiry, we must first define the relevant forum to which the Unions seek access. As we have thus far assumed, the local government payroll systems (rather than, say, local government property in general) constitute the relevant forum for our analysis. | {
"signal": "see",
"identifier": null,
"parenthetical": "considering teachers' mailboxes, rather than the entire school, to be the relevant forum for purposes of forum analysis",
"sentence": "See Perry, 460 U.S. at 44, 103 S.Ct. 948 (considering teachers’ mailboxes, rather than the entire school, to be the rele... | {
"signal": "see also",
"identifier": null,
"parenthetical": "counseling a \"tailored approach\" to defining the parameters of a government forum",
"sentence": "See Perry, 460 U.S. at 44, 103 S.Ct. 948 (considering teachers’ mailboxes, rather than the entire school, to be the relevant forum for purposes of foru... | 4,069,722 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | {
"signal": "see",
"identifier": "114 S.Ct. 1942, 1942-43",
"parenthetical": "involving criminal convictions for possession and conspiracy to possess drugs with later civil tax applied to the same possessed drugs",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "114 S.Ct. 1942, 1942-43",
"parenthetical": "involving criminal convictions for possession and conspiracy to possess drugs with later civil tax applied to the same possessed drugs",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | {
"signal": "see",
"identifier": "114 S.Ct. 1942, 1942-43",
"parenthetical": "involving criminal convictions for possession and conspiracy to possess drugs with later civil tax applied to the same possessed drugs",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "128 L.Ed.2d 774, 774-75",
"parenthetical": "involving criminal convictions for possession and conspiracy to possess drugs with later civil tax applied to the same possessed drugs",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving... | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "128 L.Ed.2d 774, 774-75",
"parenthetical": "involving criminal convictions for possession and conspiracy to possess drugs with later civil tax applied to the same possessed drugs",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "128 L.Ed.2d 774, 774-75",
"parenthetical": "involving criminal convictions for possession and conspiracy to possess drugs with later civil tax applied to the same possessed drugs",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | {
"signal": "see",
"identifier": "113 S.Ct. 2853, 2853",
"parenthetical": "concerning use of contempt proceedings and criminal prosecution for same drug offense",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy ... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | {
"signal": "see",
"identifier": "113 S.Ct. 2853, 2853",
"parenthetical": "concerning use of contempt proceedings and criminal prosecution for same drug offense",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy ... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "113 S.Ct. 2853, 2853",
"parenthetical": "concerning use of contempt proceedings and criminal prosecution for same drug offense",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "125 L.Ed.2d 556, 556",
"parenthetical": "concerning use of contempt proceedings and criminal prosecution for same drug offense",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy ... | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | {
"signal": "see",
"identifier": "125 L.Ed.2d 556, 556",
"parenthetical": "concerning use of contempt proceedings and criminal prosecution for same drug offense",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy ... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "125 L.Ed.2d 556, 556",
"parenthetical": "concerning use of contempt proceedings and criminal prosecution for same drug offense",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | {
"signal": "see",
"identifier": "490 U.S. 437, 437-39",
"parenthetical": "applying civil and criminal actions to the same sixty-five false claim violations",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy to p... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | {
"signal": "see",
"identifier": "490 U.S. 437, 437-39",
"parenthetical": "applying civil and criminal actions to the same sixty-five false claim violations",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy to p... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | {
"signal": "see",
"identifier": "490 U.S. 437, 437-39",
"parenthetical": "applying civil and criminal actions to the same sixty-five false claim violations",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy to p... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "109 S.Ct. 1896, 1896-97",
"parenthetical": "applying civil and criminal actions to the same sixty-five false claim violations",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy t... | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | {
"signal": "see",
"identifier": "109 S.Ct. 1896, 1896-97",
"parenthetical": "applying civil and criminal actions to the same sixty-five false claim violations",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy t... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "109 S.Ct. 1896, 1896-97",
"parenthetical": "applying civil and criminal actions to the same sixty-five false claim violations",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "104 L.Ed.2d 495, 495",
"parenthetical": "applying civil and criminal actions to the same sixty-five false claim violations",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy to p... | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | {
"signal": "see",
"identifier": "104 L.Ed.2d 495, 495",
"parenthetical": "applying civil and criminal actions to the same sixty-five false claim violations",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy to p... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "104 L.Ed.2d 495, 495",
"parenthetical": "applying civil and criminal actions to the same sixty-five false claim violations",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspiracy to p... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "33 F.3d 1210, 1216",
"parenthetical": "\"this civil forfeiture action and the claimants' criminal prosecution addressed the identical violations of the identical laws\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal ... | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "33 F.3d 1210, 1216",
"parenthetical": "\"this civil forfeiture action and the claimants' criminal prosecution addressed the identical violations of the identical laws\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "33 F.3d 1210, 1216",
"parenthetical": "\"this civil forfeiture action and the claimants' criminal prosecution addressed the identical violations of the identical laws\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"this civil forfeiture action and the claimants' criminal prosecution addressed the identical violations of the identical laws\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for ... | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"this civil forfeiture action and the claimants' criminal prosecution addressed the identical violations of the identical laws\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for ... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"this civil forfeiture action and the claimants' criminal prosecution addressed the identical violations of the identical laws\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | {
"signal": "see",
"identifier": "18 F.3d 297, 297-98",
"parenthetical": "predicating civil forfeiture proceeding on the same drug trafficking offenses as charged in the indictment",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for posses... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "18 F.3d 297, 297-98",
"parenthetical": "predicating civil forfeiture proceeding on the same drug trafficking offenses as charged in the indictment",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for posses... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | {
"signal": "see",
"identifier": "18 F.3d 297, 297-98",
"parenthetical": "predicating civil forfeiture proceeding on the same drug trafficking offenses as charged in the indictment",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for posses... | 9,999,749 | b |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "881 S.W.2d 831, 831",
"parenthetical": "involving single charge of possession with intent to deliver followed by civil forfeiture",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspira... | {
"signal": "see also",
"identifier": "950 F.2d 193, 194-95",
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convict... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see",
"identifier": "881 S.W.2d 831, 831",
"parenthetical": "involving single charge of possession with intent to deliver followed by civil forfeiture",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspira... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | 9,999,749 | a |
The authorities cited by Solar and Urtado are distinguishable. In each cited case, the State targeted exactly the same offense in both civil and criminal actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The assessed civil fines addressed the same conduct which was the basis of the subsequent criminal indictments.\"",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possessio... | {
"signal": "see",
"identifier": "881 S.W.2d 831, 831",
"parenthetical": "involving single charge of possession with intent to deliver followed by civil forfeiture",
"sentence": "See Kurth Ranch, — U.S. at -, 114 S.Ct. at 1942-43, 128 L.Ed.2d at 774-75 (involving criminal convictions for possession and conspira... | 9,999,749 | b |
However, an insured's conduct can vitiate good faith even without subjective dishonesty, actual knowledge of, or complicity in the forgery. If an insured's conduct rises past ordinary negligence to the level of gross negligence or knowing indifference to "red flags," it breaches the good faith requirement. | {
"signal": "see also",
"identifier": null,
"parenthetical": "suggesting that \"extending] credit based on documents that look[ ] suspicious\" would be bad faith",
"sentence": "See Marsh Inv. Corp. v. Langford, 721 F.2d 1011, 1014 (5th Cir.1983) (“[M]ere ignorance is not bad faith, but ... if one chooses to rem... | {
"signal": "cf.",
"identifier": "563 S.W.2d 517, 521",
"parenthetical": "approving a jury instruction stating, \" 'good faith' means freedom from knowledge of circumstances which ought to put a person on inquiry\" (emphasis added",
"sentence": "See Marsh Inv. Corp. v. Langford, 721 F.2d 1011, 1014 (5th Cir.198... | 4,025,768 | a |
However, an insured's conduct can vitiate good faith even without subjective dishonesty, actual knowledge of, or complicity in the forgery. If an insured's conduct rises past ordinary negligence to the level of gross negligence or knowing indifference to "red flags," it breaches the good faith requirement. | {
"signal": "cf.",
"identifier": "563 S.W.2d 517, 521",
"parenthetical": "approving a jury instruction stating, \" 'good faith' means freedom from knowledge of circumstances which ought to put a person on inquiry\" (emphasis added",
"sentence": "See Marsh Inv. Corp. v. Langford, 721 F.2d 1011, 1014 (5th Cir.198... | {
"signal": "see also",
"identifier": "2005 WL 2460719, at *5",
"parenthetical": "\"To the extent an insured's negligence rose to the level of gross negligence or knowing indifference to red flags raised about a document or customer, the bond's good faith requirement would preclude coverage.\"",
"sentence": "Se... | 4,025,768 | b |
In the present case, and giving due deference to Detective Comeaux's experience and expertise in the investigation of the illicit methamphetamine trade, the detective had the requisite minimal objective basis for detaining all four occupants of the vehicle who arrived together but took pains not to seem together as the... | {
"signal": "see",
"identifier": "588 So.2d 345, 347",
"parenthetical": "police may order passengers to exit a car in a routine traffic stop for reasons of the officers' safety",
"sentence": "See State v. Landry, 588 So.2d 345, 347 (La.1991) (police may order passengers to exit a car in a routine traffic stop f... | {
"signal": "see also",
"identifier": "519 U.S. 408, 413",
"parenthetical": "when a vehicle is stopped, even for a traffic violation, officers may lawfully order its passengers to exit the vehicle",
"sentence": "See State v. Landry, 588 So.2d 345, 347 (La.1991) (police may order passengers to exit a car in a ro... | 7,280,097 | a |
In the present case, and giving due deference to Detective Comeaux's experience and expertise in the investigation of the illicit methamphetamine trade, the detective had the requisite minimal objective basis for detaining all four occupants of the vehicle who arrived together but took pains not to seem together as the... | {
"signal": "see also",
"identifier": "117 S.Ct. 882, 886",
"parenthetical": "when a vehicle is stopped, even for a traffic violation, officers may lawfully order its passengers to exit the vehicle",
"sentence": "See State v. Landry, 588 So.2d 345, 347 (La.1991) (police may order passengers to exit a car in a r... | {
"signal": "see",
"identifier": "588 So.2d 345, 347",
"parenthetical": "police may order passengers to exit a car in a routine traffic stop for reasons of the officers' safety",
"sentence": "See State v. Landry, 588 So.2d 345, 347 (La.1991) (police may order passengers to exit a car in a routine traffic stop f... | 7,280,097 | b |
In the present case, and giving due deference to Detective Comeaux's experience and expertise in the investigation of the illicit methamphetamine trade, the detective had the requisite minimal objective basis for detaining all four occupants of the vehicle who arrived together but took pains not to seem together as the... | {
"signal": "see also",
"identifier": null,
"parenthetical": "when a vehicle is stopped, even for a traffic violation, officers may lawfully order its passengers to exit the vehicle",
"sentence": "See State v. Landry, 588 So.2d 345, 347 (La.1991) (police may order passengers to exit a car in a routine traffic s... | {
"signal": "see",
"identifier": "588 So.2d 345, 347",
"parenthetical": "police may order passengers to exit a car in a routine traffic stop for reasons of the officers' safety",
"sentence": "See State v. Landry, 588 So.2d 345, 347 (La.1991) (police may order passengers to exit a car in a routine traffic stop f... | 7,280,097 | b |
Statutes that provide rewards for informants or whistleblowers are plainly inapposite to Mr. Hicks and the facts of his ease. Nor is there any basis on which to conclude plaintiff acted as a confidential informant pursuant to any express or implied agreement with the government. | {
"signal": "see",
"identifier": "16 F.3d 1204, 1210",
"parenthetical": "\"Absent privity [of contract] between [plaintiff] and the government, there is no case.\"",
"sentence": "See Katz v. Cisneros, 16 F.3d 1204, 1210 (Fed.Cir.1994) (“Absent privity [of contract] between [plaintiff] and the government, there ... | {
"signal": "contra",
"identifier": "114 Fed.Cl. 226, 232-36",
"parenthetical": "finding jurisdiction existed over claim for breach of confidential informant agreement",
"sentence": "See Katz v. Cisneros, 16 F.3d 1204, 1210 (Fed.Cir.1994) (“Absent privity [of contract] between [plaintiff] and the government, th... | 4,288,211 | a |
Statutes that provide rewards for informants or whistleblowers are plainly inapposite to Mr. Hicks and the facts of his ease. Nor is there any basis on which to conclude plaintiff acted as a confidential informant pursuant to any express or implied agreement with the government. | {
"signal": "see",
"identifier": "877 F.2d 957, 959",
"parenthetical": "explaining that \"[t]o recover for breach of contract, [plaintiff] must allege ... (1",
"sentence": "See Katz v. Cisneros, 16 F.3d 1204, 1210 (Fed.Cir.1994) (“Absent privity [of contract] between [plaintiff] and the government, there is no ... | {
"signal": "contra",
"identifier": "114 Fed.Cl. 226, 232-36",
"parenthetical": "finding jurisdiction existed over claim for breach of confidential informant agreement",
"sentence": "See Katz v. Cisneros, 16 F.3d 1204, 1210 (Fed.Cir.1994) (“Absent privity [of contract] between [plaintiff] and the government, th... | 4,288,211 | a |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "see",
"identifier": "390 U.S. 325, 325",
"parenthetical": "apportionment formula must be rationally related, both on its face and in its application, to values connected with the taxing state",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula must be rational... | {
"signal": "see also",
"identifier": "467 U.S. 638, 644-45",
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325... | 11,365,275 | a |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (ap... | {
"signal": "see",
"identifier": "390 U.S. 325, 325",
"parenthetical": "apportionment formula must be rationally related, both on its face and in its application, to values connected with the taxing state",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula must be rational... | 11,365,275 | b |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "see",
"identifier": "390 U.S. 325, 325",
"parenthetical": "apportionment formula must be rationally related, both on its face and in its application, to values connected with the taxing state",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula must be rational... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (ap... | 11,365,275 | a |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding manufacturing exception to Pennsylvania's capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula m... | {
"signal": "see",
"identifier": "390 U.S. 325, 325",
"parenthetical": "apportionment formula must be rationally related, both on its face and in its application, to values connected with the taxing state",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula must be rational... | 11,365,275 | b |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "see",
"identifier": "390 U.S. 325, 325",
"parenthetical": "apportionment formula must be rationally related, both on its face and in its application, to values connected with the taxing state",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula must be rational... | {
"signal": "cf.",
"identifier": "790 A.2d 261, 264",
"parenthetical": "holding manufacturing exception to Pennsylvania's capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportio... | 11,365,275 | a |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "see also",
"identifier": "467 U.S. 638, 644-45",
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325... | {
"signal": "see",
"identifier": null,
"parenthetical": "apportionment formula must be rationally related, both on its face and in its application, to values connected with the taxing state",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula must be rationally related, bot... | 11,365,275 | b |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "see",
"identifier": null,
"parenthetical": "apportionment formula must be rationally related, both on its face and in its application, to values connected with the taxing state",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula must be rationally related, bot... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (ap... | 11,365,275 | a |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (ap... | {
"signal": "see",
"identifier": null,
"parenthetical": "apportionment formula must be rationally related, both on its face and in its application, to values connected with the taxing state",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula must be rationally related, bot... | 11,365,275 | b |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding manufacturing exception to Pennsylvania's capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula m... | {
"signal": "see",
"identifier": null,
"parenthetical": "apportionment formula must be rationally related, both on its face and in its application, to values connected with the taxing state",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula must be rationally related, bot... | 11,365,275 | b |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "see",
"identifier": null,
"parenthetical": "apportionment formula must be rationally related, both on its face and in its application, to values connected with the taxing state",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula must be rationally related, bot... | {
"signal": "cf.",
"identifier": "790 A.2d 261, 264",
"parenthetical": "holding manufacturing exception to Pennsylvania's capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportio... | 11,365,275 | a |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding manufacturing exception to Pennsylvania's capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula m... | {
"signal": "see also",
"identifier": "467 U.S. 638, 644-45",
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325... | 11,365,275 | b |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "cf.",
"identifier": "790 A.2d 261, 264",
"parenthetical": "holding manufacturing exception to Pennsylvania's capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportio... | {
"signal": "see also",
"identifier": "467 U.S. 638, 644-45",
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325... | 11,365,275 | b |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding manufacturing exception to Pennsylvania's capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula m... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (ap... | 11,365,275 | b |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "cf.",
"identifier": "790 A.2d 261, 264",
"parenthetical": "holding manufacturing exception to Pennsylvania's capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportio... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (ap... | 11,365,275 | b |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (ap... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding manufacturing exception to Pennsylvania's capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportionment formula m... | 11,365,275 | a |
While Pennsylvania's scheme will no doubt produce constitutional results in some instances, the practical effect of such a scheme on other occasions is the unconstitutional taxation of out-of-state value and impermissible double taxation. In my judgment, the complete absence of the subsidiaries from the apportionment f... | {
"signal": "cf.",
"identifier": "790 A.2d 261, 264",
"parenthetical": "holding manufacturing exception to Pennsylvania's capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (apportio... | {
"signal": "see also",
"identifier": null,
"parenthetical": "a tax that unfairly apportions income from other states is a form of discrimination against interstate commerce, and discrimination can be proved from the face of the tax statute",
"sentence": "See Norfolk & Western, 390 U.S. at 325, 88 S.Ct. 995 (ap... | 11,365,275 | b |
Plaintiffs argue the opposite: that it is inconceivable that Suttles, who led BP's media response effort after the oil spill, would not have known of "BP's very oum, estimates of the flow rate." (Doc. No. 186, at 36.) Plaintiffs' argument is more persuasive here. | {
"signal": "see",
"identifier": "291 F.3d 351, 351-54",
"parenthetical": "explaining that a securities fraud complaint may survive where plaintiffs have alleged facts demonstrating that defendants failed to review or check information that they had a duty to monitor",
"sentence": "See, e.g., see also ABC Arbit... | {
"signal": "see also",
"identifier": "694 F.Supp.2d 1209, 1209-1210",
"parenthetical": "finding a strong inference of scienter pleaded as to statement about risk management where defendant was responsible for overseeing risk management",
"sentence": "See, e.g., see also ABC Arbitrage, 291 F.3d at 351-54 (expla... | 3,776,071 | a |
As we have related, prior to the introduction of the 2012 legislation, Attorney General Gansler and senior members of his office had opined on no less than four separate occasions that CCI's machines, and the way that they were operated, violated then-current Maryland law. Further, even if CCI's machines were legal und... | {
"signal": "see",
"identifier": "200 Md.App. 276, 276",
"parenthetical": "that legislation immediately affects only one entity \"is not sufficient to render it a special law\"",
"sentence": "See Days Cove, 200 Md.App. at 276, 27 A.3d 565 (that legislation immediately affects only one entity “is not sufficient ... | {
"signal": "cf.",
"identifier": "101 U.S. 814, 818",
"parenthetical": "\"[N]o legislature can curtail the power of its successors to make such laws as they may deem proper in matters of [the] police power.\"",
"sentence": "See Days Cove, 200 Md.App. at 276, 27 A.3d 565 (that legislation immediately affects onl... | 3,902,085 | a |
As we have related, prior to the introduction of the 2012 legislation, Attorney General Gansler and senior members of his office had opined on no less than four separate occasions that CCI's machines, and the way that they were operated, violated then-current Maryland law. Further, even if CCI's machines were legal und... | {
"signal": "see",
"identifier": "200 Md.App. 276, 276",
"parenthetical": "that legislation immediately affects only one entity \"is not sufficient to render it a special law\"",
"sentence": "See Days Cove, 200 Md.App. at 276, 27 A.3d 565 (that legislation immediately affects only one entity “is not sufficient ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[N]o legislature can curtail the power of its successors to make such laws as they may deem proper in matters of [the] police power.\"",
"sentence": "See Days Cove, 200 Md.App. at 276, 27 A.3d 565 (that legislation immediately affects only one entity “i... | 3,902,085 | a |
As we have related, prior to the introduction of the 2012 legislation, Attorney General Gansler and senior members of his office had opined on no less than four separate occasions that CCI's machines, and the way that they were operated, violated then-current Maryland law. Further, even if CCI's machines were legal und... | {
"signal": "cf.",
"identifier": "101 U.S. 814, 818",
"parenthetical": "\"[N]o legislature can curtail the power of its successors to make such laws as they may deem proper in matters of [the] police power.\"",
"sentence": "See Days Cove, 200 Md.App. at 276, 27 A.3d 565 (that legislation immediately affects onl... | {
"signal": "see",
"identifier": null,
"parenthetical": "that legislation immediately affects only one entity \"is not sufficient to render it a special law\"",
"sentence": "See Days Cove, 200 Md.App. at 276, 27 A.3d 565 (that legislation immediately affects only one entity “is not sufficient to render it a spe... | 3,902,085 | b |
As we have related, prior to the introduction of the 2012 legislation, Attorney General Gansler and senior members of his office had opined on no less than four separate occasions that CCI's machines, and the way that they were operated, violated then-current Maryland law. Further, even if CCI's machines were legal und... | {
"signal": "see",
"identifier": null,
"parenthetical": "that legislation immediately affects only one entity \"is not sufficient to render it a special law\"",
"sentence": "See Days Cove, 200 Md.App. at 276, 27 A.3d 565 (that legislation immediately affects only one entity “is not sufficient to render it a spe... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"[N]o legislature can curtail the power of its successors to make such laws as they may deem proper in matters of [the] police power.\"",
"sentence": "See Days Cove, 200 Md.App. at 276, 27 A.3d 565 (that legislation immediately affects only one entity “i... | 3,902,085 | a |
Count 3 charged the Defendant with dealing in stolen property, "to wit: JEWELRY.... " The jury found the Defendant guilty of both grand theft and dealing in stolen property. As , both charges relate to the same jewelry and to one scheme or course of conduct, the Defendant's conviction for grand theft of the jewelry vio... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "reversing the defendant's grand theft conviction where he was charged with grand theft of two television sets, and trafficking in one of the stolen television sets four days later",
"sentence": "Stallworth v. State, 538 So.2d 1296 (Fla. 1st DCA 1989... | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting the state's attempt to limit the grand theft count to a stolen car, and the dealing in stolen property count to a stereo system",
"sentence": "Stallworth v. State, 538 So.2d 1296 (Fla. 1st DCA 1989) (reversing the defendant’s grand theft convict... | 9,002,907 | a |
In other words, only Oklahoma law governed the case. And Oklahoma does not permit a claim for gross negligence as an exemption to. the Workers' Compensation Act; thus, a gross-negligence claim necessarily < could not have supported Ms. Phillips's action. | {
"signal": "see also",
"identifier": "44 P.3d 553, 563",
"parenthetical": "\"Gross negligence, ... falls short of an. intentional wrong's equivalent.\"",
"sentence": "See Parret, 127 P.3d at 575-76 (distinguishing between negligence, including gross negligence, and “willful acts that result in intended or unin... | {
"signal": "see",
"identifier": "127 P.3d 575, 575-76",
"parenthetical": "distinguishing between negligence, including gross negligence, and \"willful acts that result in intended or unintended harm\" and holding that only the latter, as defined by the substantial certainty test, permits recovery beyond that pro... | 4,314,839 | b |
In other words, only Oklahoma law governed the case. And Oklahoma does not permit a claim for gross negligence as an exemption to. the Workers' Compensation Act; thus, a gross-negligence claim necessarily < could not have supported Ms. Phillips's action. | {
"signal": "see also",
"identifier": "847 P.2d 342, 362",
"parenthetical": "\"While 'ordinary' and 'gross' negligence differ in degree, 'negligence' and 'willful and wanton' misconduct' differ in kind.\"",
"sentence": "See Parret, 127 P.3d at 575-76 (distinguishing between negligence, including gross negligenc... | {
"signal": "see",
"identifier": "127 P.3d 575, 575-76",
"parenthetical": "distinguishing between negligence, including gross negligence, and \"willful acts that result in intended or unintended harm\" and holding that only the latter, as defined by the substantial certainty test, permits recovery beyond that pro... | 4,314,839 | b |
Minnesota is not unique in using "because of' in its formulation of bias assault; other courts have interpreted the same words in similar statutes to require the state to prove a causal connection between the infliction of injury and the assailant's perception of the group to which the victim belongs. By requiring a ca... | {
"signal": "cf.",
"identifier": "505 U.S. 377, 391",
"parenthetical": "finding ordinance aimed exclusively at speech to be impermissible, content-based discrimination",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at 22... | {
"signal": "see also",
"identifier": "508 U.S. 487, 487-89",
"parenthetical": "racist speech may be introduced to prove motive for conduct unprotected by First Amendment",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at... | 10,694,324 | b |
Minnesota is not unique in using "because of' in its formulation of bias assault; other courts have interpreted the same words in similar statutes to require the state to prove a causal connection between the infliction of injury and the assailant's perception of the group to which the victim belongs. By requiring a ca... | {
"signal": "see also",
"identifier": "508 U.S. 487, 487-89",
"parenthetical": "racist speech may be introduced to prove motive for conduct unprotected by First Amendment",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at... | {
"signal": "cf.",
"identifier": "112 S.Ct. 2538, 2547",
"parenthetical": "finding ordinance aimed exclusively at speech to be impermissible, content-based discrimination",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at... | 10,694,324 | a |
Minnesota is not unique in using "because of' in its formulation of bias assault; other courts have interpreted the same words in similar statutes to require the state to prove a causal connection between the infliction of injury and the assailant's perception of the group to which the victim belongs. By requiring a ca... | {
"signal": "cf.",
"identifier": "120 L.Ed.2d 305, 323",
"parenthetical": "finding ordinance aimed exclusively at speech to be impermissible, content-based discrimination",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at... | {
"signal": "see also",
"identifier": "508 U.S. 487, 487-89",
"parenthetical": "racist speech may be introduced to prove motive for conduct unprotected by First Amendment",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at... | 10,694,324 | b |
Minnesota is not unique in using "because of' in its formulation of bias assault; other courts have interpreted the same words in similar statutes to require the state to prove a causal connection between the infliction of injury and the assailant's perception of the group to which the victim belongs. By requiring a ca... | {
"signal": "cf.",
"identifier": "505 U.S. 377, 391",
"parenthetical": "finding ordinance aimed exclusively at speech to be impermissible, content-based discrimination",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at 22... | {
"signal": "see also",
"identifier": "113 S.Ct. 2201, 2201",
"parenthetical": "racist speech may be introduced to prove motive for conduct unprotected by First Amendment",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at... | 10,694,324 | b |
Minnesota is not unique in using "because of' in its formulation of bias assault; other courts have interpreted the same words in similar statutes to require the state to prove a causal connection between the infliction of injury and the assailant's perception of the group to which the victim belongs. By requiring a ca... | {
"signal": "see also",
"identifier": "113 S.Ct. 2201, 2201",
"parenthetical": "racist speech may be introduced to prove motive for conduct unprotected by First Amendment",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at... | {
"signal": "cf.",
"identifier": "112 S.Ct. 2538, 2547",
"parenthetical": "finding ordinance aimed exclusively at speech to be impermissible, content-based discrimination",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at... | 10,694,324 | a |
Minnesota is not unique in using "because of' in its formulation of bias assault; other courts have interpreted the same words in similar statutes to require the state to prove a causal connection between the infliction of injury and the assailant's perception of the group to which the victim belongs. By requiring a ca... | {
"signal": "cf.",
"identifier": "120 L.Ed.2d 305, 323",
"parenthetical": "finding ordinance aimed exclusively at speech to be impermissible, content-based discrimination",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at... | {
"signal": "see also",
"identifier": "113 S.Ct. 2201, 2201",
"parenthetical": "racist speech may be introduced to prove motive for conduct unprotected by First Amendment",
"sentence": "Id., 42 Cal.Rptr.2d at 367-68, 896 P.2d at 1377; Plowman, 838 P.2d at 563; see also Mitchell, 508 U.S. at 487-89, 113 S.Ct. at... | 10,694,324 | b |
Mr. Bozeman and General Motors were not joint tortfeasors. Setoffs generally are available only with respect to joint tortfeasors. | {
"signal": "see",
"identifier": "763 So.2d 276, 279",
"parenthetical": "\"Joint and several liability is also appropriate when the tortious acts of multiple tortfeasors combine to produce a single, indivisible injury.\"",
"sentence": "See, e.g., Gross v. Lyons, 763 So.2d 276, 279 (Fla.2000) (\"Joint and severa... | {
"signal": "no signal",
"identifier": "654 So.2d 643, 645",
"parenthetical": "holding that settlement with one defendant could not be setoff from verdict against second defendant where the claims were \"separate and distinct,\" i.e., \"involving different elements of damages\"",
"sentence": "Rosenberg, D.D.S.,... | 9,373,422 | b |
Significantly, the agreement sent to Ms. DeFontes, who is no longer a plaintiff in this case, contained additional language advising her of the method of rejection. The introductory provision of the terms and conditions agreement that defendants sent to her stated, "[i]f for any reason Customer is not satisfied with a ... | {
"signal": "no signal",
"identifier": "998 P.2d 308, 308",
"parenthetical": "\"IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY RETURN * * * TO THE PLACE OF PURCHASE AND YOUR PURCHASE PRICE WILL BE REFUNDED\"",
"sentence": "Mortenson Co., 998 P.2d at 308 (“IF YOU DO NOT AGREE TO THESE TERMS AND COND... | {
"signal": "see",
"identifier": "2006 WL 2109436, at *1",
"parenthetical": "\"[ajgreement informs the consumer that by returning the product or refusing delivery in accordance with Dell's return policy, he can reject the terms and conditions\"",
"sentence": "See, e.g., Sherr, 2006 WL 2109436, at *1 (“[ajgreeme... | 7,294,034 | a |
In that context, plaintiffs who purchased securities are permitted to demonstrate that they were damaged simply because defendant engaged in behavior otherwise prohibited and there was a change in price. See ibid. The theory therefore presumes reliance. | {
"signal": "see also",
"identifier": "817 F.2d 356, 359-62",
"parenthetical": "limiting fraud on market theory to specified varieties of securities fraud claims",
"sentence": "See Basic Inc. v. Levinson, 485 U.S. 224, 108 S.Ct. 978, 99 L.Ed.2d 194, (1988); Blackie, supra, 524 F.2d at 906 (explaining rationale ... | {
"signal": "see",
"identifier": "524 F.2d 906, 906",
"parenthetical": "explaining rationale for permitting fraud on market theory in securities fraud litigation",
"sentence": "See Basic Inc. v. Levinson, 485 U.S. 224, 108 S.Ct. 978, 99 L.Ed.2d 194, (1988); Blackie, supra, 524 F.2d at 906 (explaining rationale ... | 3,154,468 | b |
In that context, plaintiffs who purchased securities are permitted to demonstrate that they were damaged simply because defendant engaged in behavior otherwise prohibited and there was a change in price. See ibid. The theory therefore presumes reliance. | {
"signal": "see",
"identifier": "524 F.2d 906, 906",
"parenthetical": "explaining rationale for permitting fraud on market theory in securities fraud litigation",
"sentence": "See Basic Inc. v. Levinson, 485 U.S. 224, 108 S.Ct. 978, 99 L.Ed.2d 194, (1988); Blackie, supra, 524 F.2d at 906 (explaining rationale ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "limiting fraud on market theory to specified varieties of securities fraud claims",
"sentence": "See Basic Inc. v. Levinson, 485 U.S. 224, 108 S.Ct. 978, 99 L.Ed.2d 194, (1988); Blackie, supra, 524 F.2d at 906 (explaining rationale for permitting fra... | 3,154,468 | a |
In that context, plaintiffs who purchased securities are permitted to demonstrate that they were damaged simply because defendant engaged in behavior otherwise prohibited and there was a change in price. See ibid. The theory therefore presumes reliance. | {
"signal": "see",
"identifier": "524 F.2d 906, 906",
"parenthetical": "explaining rationale for permitting fraud on market theory in securities fraud litigation",
"sentence": "See Basic Inc. v. Levinson, 485 U.S. 224, 108 S.Ct. 978, 99 L.Ed.2d 194, (1988); Blackie, supra, 524 F.2d at 906 (explaining rationale ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "limiting fraud on market theory to specified varieties of securities fraud claims",
"sentence": "See Basic Inc. v. Levinson, 485 U.S. 224, 108 S.Ct. 978, 99 L.Ed.2d 194, (1988); Blackie, supra, 524 F.2d at 906 (explaining rationale for permitting fra... | 3,154,468 | a |
In that context, plaintiffs who purchased securities are permitted to demonstrate that they were damaged simply because defendant engaged in behavior otherwise prohibited and there was a change in price. See ibid. The theory therefore presumes reliance. | {
"signal": "see also",
"identifier": null,
"parenthetical": "limiting fraud on market theory to specified varieties of securities fraud claims",
"sentence": "See Basic Inc. v. Levinson, 485 U.S. 224, 108 S.Ct. 978, 99 L.Ed.2d 194, (1988); Blackie, supra, 524 F.2d at 906 (explaining rationale for permitting fra... | {
"signal": "see",
"identifier": "524 F.2d 906, 906",
"parenthetical": "explaining rationale for permitting fraud on market theory in securities fraud litigation",
"sentence": "See Basic Inc. v. Levinson, 485 U.S. 224, 108 S.Ct. 978, 99 L.Ed.2d 194, (1988); Blackie, supra, 524 F.2d at 906 (explaining rationale ... | 3,154,468 | b |
P 13 Because the trial court's ruling was based on an incorrect legal standard, the court abused its discretion in denying ValueOptions' motion to extend its time to appeal under ARCAP 9(a) on the ground stated. | {
"signal": "see",
"identifier": "216 Ariz. 349, ¶ 6",
"parenthetical": "\"An abuse of discretion exists when the court commits an error of law in reaching a discretionary conclusion.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "appellate court not bound by trial court's discretionary rulings when \"the facts or inferences from them are not in dispute and where there are few or no conflicting procedural, factual or equitable considerations\"",
"sentence": "See Webb v. Omni B... | 3,423,715 | a |
P 13 Because the trial court's ruling was based on an incorrect legal standard, the court abused its discretion in denying ValueOptions' motion to extend its time to appeal under ARCAP 9(a) on the ground stated. | {
"signal": "see",
"identifier": "216 Ariz. 349, ¶ 6",
"parenthetical": "\"An abuse of discretion exists when the court commits an error of law in reaching a discretionary conclusion.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "appellate court not bound by trial court's discretionary rulings when \"the facts or inferences from them are not in dispute and where there are few or no conflicting procedural, factual or equitable considerations\"",
"sentence": "See Webb v. Omni B... | 3,423,715 | a |
P 13 Because the trial court's ruling was based on an incorrect legal standard, the court abused its discretion in denying ValueOptions' motion to extend its time to appeal under ARCAP 9(a) on the ground stated. | {
"signal": "see also",
"identifier": "218 Ariz. 216, ¶ 4",
"parenthetical": "\"To soundly exercise its discretion, the court must also correctly apply the law.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists when the court commits ... | {
"signal": "see",
"identifier": "216 Ariz. 349, ¶ 6",
"parenthetical": "\"An abuse of discretion exists when the court commits an error of law in reaching a discretionary conclusion.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists ... | 3,423,715 | b |
P 13 Because the trial court's ruling was based on an incorrect legal standard, the court abused its discretion in denying ValueOptions' motion to extend its time to appeal under ARCAP 9(a) on the ground stated. | {
"signal": "see also",
"identifier": "181 P.3d 1137, 1139",
"parenthetical": "\"To soundly exercise its discretion, the court must also correctly apply the law.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists when the court commits... | {
"signal": "see",
"identifier": "216 Ariz. 349, ¶ 6",
"parenthetical": "\"An abuse of discretion exists when the court commits an error of law in reaching a discretionary conclusion.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists ... | 3,423,715 | b |
P 13 Because the trial court's ruling was based on an incorrect legal standard, the court abused its discretion in denying ValueOptions' motion to extend its time to appeal under ARCAP 9(a) on the ground stated. | {
"signal": "see",
"identifier": "166 P.3d 140, 143",
"parenthetical": "\"An abuse of discretion exists when the court commits an error of law in reaching a discretionary conclusion.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists w... | {
"signal": "see also",
"identifier": null,
"parenthetical": "appellate court not bound by trial court's discretionary rulings when \"the facts or inferences from them are not in dispute and where there are few or no conflicting procedural, factual or equitable considerations\"",
"sentence": "See Webb v. Omni B... | 3,423,715 | a |
P 13 Because the trial court's ruling was based on an incorrect legal standard, the court abused its discretion in denying ValueOptions' motion to extend its time to appeal under ARCAP 9(a) on the ground stated. | {
"signal": "see",
"identifier": "166 P.3d 140, 143",
"parenthetical": "\"An abuse of discretion exists when the court commits an error of law in reaching a discretionary conclusion.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists w... | {
"signal": "see also",
"identifier": null,
"parenthetical": "appellate court not bound by trial court's discretionary rulings when \"the facts or inferences from them are not in dispute and where there are few or no conflicting procedural, factual or equitable considerations\"",
"sentence": "See Webb v. Omni B... | 3,423,715 | a |
P 13 Because the trial court's ruling was based on an incorrect legal standard, the court abused its discretion in denying ValueOptions' motion to extend its time to appeal under ARCAP 9(a) on the ground stated. | {
"signal": "see",
"identifier": "166 P.3d 140, 143",
"parenthetical": "\"An abuse of discretion exists when the court commits an error of law in reaching a discretionary conclusion.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists w... | {
"signal": "see also",
"identifier": "218 Ariz. 216, ¶ 4",
"parenthetical": "\"To soundly exercise its discretion, the court must also correctly apply the law.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists when the court commits ... | 3,423,715 | a |
P 13 Because the trial court's ruling was based on an incorrect legal standard, the court abused its discretion in denying ValueOptions' motion to extend its time to appeal under ARCAP 9(a) on the ground stated. | {
"signal": "see also",
"identifier": "181 P.3d 1137, 1139",
"parenthetical": "\"To soundly exercise its discretion, the court must also correctly apply the law.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists when the court commits... | {
"signal": "see",
"identifier": "166 P.3d 140, 143",
"parenthetical": "\"An abuse of discretion exists when the court commits an error of law in reaching a discretionary conclusion.\"",
"sentence": "See Webb v. Omni Block, Inc., 216 Ariz. 349, ¶ 6, 166 P.3d 140, 143 (App.2007) (“An abuse of discretion exists w... | 3,423,715 | b |
Such rank speculation about a judge's possibly improper motives is clearly insufficient to implicate Murchison's prophylactic rule. | {
"signal": "cf.",
"identifier": "620 F.2d 912, 919",
"parenthetical": "\"we think the mere fact that a judge entertains a motion for new trial in a case over which he presided initially does not reasonably call'into question his impartiality ... it may be advantageous ... because of [the original judge's] famili... | {
"signal": "no signal",
"identifier": "337 F.2d 49, 51",
"parenthetical": "holding that consistent with Due Process a judge presiding over a reconstruction hearing may use his own recollection of the initial plea in reaching his decision if there has been no showing of bias",
"sentence": "United States v. Smit... | 11,077,506 | b |
There can be no dispute that a request for waiver of indebtedness is related to VA benefits. The indebtedness in this case arose from an overpayment of benefits, and Mrs. Edwards had a right to seek waiver of any amount owed. Because the duty to sympathetically read pro se pleadings applies, at a minimum, to pleadings ... | {
"signal": "see",
"identifier": "19 Vet.App. 394, 405",
"parenthetical": "holding that whether a sympathetic reading of a veteran's filings raises a claim is a factual inquiry",
"sentence": "See Beverly v. Nicholson, 19 Vet.App. 394, 405 (2005) (holding that whether a sympathetic reading of a veteran’s filings... | {
"signal": "see also",
"identifier": "360 F.3d 1306, 1310",
"parenthetical": "holding that the interpretation of a veteran's filings is a factual inquiry",
"sentence": "See Beverly v. Nicholson, 19 Vet.App. 394, 405 (2005) (holding that whether a sympathetic reading of a veteran’s filings raises a claim is a f... | 5,636,786 | a |
There can be no dispute that a request for waiver of indebtedness is related to VA benefits. The indebtedness in this case arose from an overpayment of benefits, and Mrs. Edwards had a right to seek waiver of any amount owed. Because the duty to sympathetically read pro se pleadings applies, at a minimum, to pleadings ... | {
"signal": "see",
"identifier": "20 Vet.App. 64, 72",
"parenthetical": "remanding for the Board or regional office to give a sympathetic reading to pro se application for benefits",
"sentence": "See Beverly v. Nicholson, 19 Vet.App. 394, 405 (2005) (holding that whether a sympathetic reading of a veteran’s fil... | {
"signal": "see also",
"identifier": "360 F.3d 1306, 1310",
"parenthetical": "holding that the interpretation of a veteran's filings is a factual inquiry",
"sentence": "See Beverly v. Nicholson, 19 Vet.App. 394, 405 (2005) (holding that whether a sympathetic reading of a veteran’s filings raises a claim is a f... | 5,636,786 | a |
The opposing view finds environmental clean-up costs can fall within the scope of the term "damages." | {
"signal": "see",
"identifier": "594 S.E.2d 459, 459",
"parenthetical": "finding such coverage and citing cases from Illinois, Minnesota, New Hampshire, North Carolina, and Washington",
"sentence": "See, e.g., Helena Chem. Co., 594 S.E.2d at 459 (finding such coverage and citing cases from Illinois, Minnesota,... | {
"signal": "see also",
"identifier": null,
"parenthetical": "ordinary meaning of \"damages\" includes equitable relief encompassing response costs incurred pursuant to state and federal statute",
"sentence": "See, e.g., Helena Chem. Co., 594 S.E.2d at 459 (finding such coverage and citing cases from Illinois, ... | 1,499,330 | a |
The opposing view finds environmental clean-up costs can fall within the scope of the term "damages." | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding \"damages\" in policy to include reimbursement for clean-up costs undertaken at the direction of the state",
"sentence": "See, e.g., Helena Chem. Co., 594 S.E.2d at 459 (finding such coverage and citing cases from Illinois, Minnesota, New Ham... | {
"signal": "see",
"identifier": "594 S.E.2d 459, 459",
"parenthetical": "finding such coverage and citing cases from Illinois, Minnesota, New Hampshire, North Carolina, and Washington",
"sentence": "See, e.g., Helena Chem. Co., 594 S.E.2d at 459 (finding such coverage and citing cases from Illinois, Minnesota,... | 1,499,330 | b |
The "issue" the trial court ruled on was not whether a Wade hearing was necessary -- and this is natural enough, in light of defendant's failure to ask for one when invited to -- but simply whether the identification was admissible at all. The Wade-hearing issue was not preserved, and defendant does not contend that it... | {
"signal": "no signal",
"identifier": "172 Vt. 493, 499",
"parenthetical": "declining to address claim raised for the first time on appeal where party failed to assert plain error",
"sentence": "State v. White, 172 Vt. 493, 499, 782 A.2d 1187, 1192 (2001) (declining to address claim raised for the first time o... | {
"signal": "see also",
"identifier": "449 U.S. 341, 349",
"parenthetical": "holding that, although Wade hearing may be constitutionally mandated under certain circumstances, it is not mandated in all cases",
"sentence": "State v. White, 172 Vt. 493, 499, 782 A.2d 1187, 1192 (2001) (declining to address claim r... | 3,694,028 | a |
The "issue" the trial court ruled on was not whether a Wade hearing was necessary -- and this is natural enough, in light of defendant's failure to ask for one when invited to -- but simply whether the identification was admissible at all. The Wade-hearing issue was not preserved, and defendant does not contend that it... | {
"signal": "see also",
"identifier": "449 U.S. 341, 349",
"parenthetical": "holding that, although Wade hearing may be constitutionally mandated under certain circumstances, it is not mandated in all cases",
"sentence": "State v. White, 172 Vt. 493, 499, 782 A.2d 1187, 1192 (2001) (declining to address claim r... | {
"signal": "no signal",
"identifier": "782 A.2d 1187, 1192",
"parenthetical": "declining to address claim raised for the first time on appeal where party failed to assert plain error",
"sentence": "State v. White, 172 Vt. 493, 499, 782 A.2d 1187, 1192 (2001) (declining to address claim raised for the first tim... | 3,694,028 | b |
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