context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
values |
|---|---|---|---|---|
This testimony is insufficient to establish a standardized procedure instituted by NECA to forward mail to USAC after July 2001, the time NECA ceased acting as USAC's agent. Therefore, USAC has not rebutted the presumption that NECA received the Debtor's motion on USAC's behalf. | {
"signal": "cf.",
"identifier": "2000 WL 375242, at *5",
"parenthetical": "rebuttal shown where alleged recipient \"established a regular practice of logging certified articles delivered to the office, which includes recording the article number, name of sender, and addressee,\" and there was \"no record in the ... | {
"signal": "see",
"identifier": "228 B.R. 82, 82",
"parenthetical": "presumption of receipt was not rebutted by affidavit stating that all mail was filed, and the file did not contain the notice at issue",
"sentence": "See Robinson, 228 B.R. at 82 (presumption of receipt was not rebutted by affidavit stating t... | 4,116,080 | b |
This testimony is insufficient to establish a standardized procedure instituted by NECA to forward mail to USAC after July 2001, the time NECA ceased acting as USAC's agent. Therefore, USAC has not rebutted the presumption that NECA received the Debtor's motion on USAC's behalf. | {
"signal": "see",
"identifier": "222 B.R. 414, 414",
"parenthetical": "no evidence of \"standardized sorting and routing procedures\" to rebut presumption of receipt",
"sentence": "See Robinson, 228 B.R. at 82 (presumption of receipt was not rebutted by affidavit stating that all mail was filed, and the file d... | {
"signal": "cf.",
"identifier": "2000 WL 375242, at *5",
"parenthetical": "rebuttal shown where alleged recipient \"established a regular practice of logging certified articles delivered to the office, which includes recording the article number, name of sender, and addressee,\" and there was \"no record in the ... | 4,116,080 | a |
As part of the sentencing process, a district court may consider whether the case before it lies within the "heartland" of typical cases considered by the Sentencing Commission when it drafted the Guidelines. Even after Booker, the district court is still required to apply the Guidelines and to consider the recommended... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Although district courts post -Booker have discretion to assign sentences outside of the Guidelines-authorized range, they should also continue to apply the Guidelines departure provisions in appropriate cases.\"",
"sentence": "See United States v. Sier... | {
"signal": "no signal",
"identifier": "128 S.Ct. 586, 596",
"parenthetical": "\"[A] district court should begin all sentencing proceedings by correctly calculating the applicable Guidelines range.\"",
"sentence": "Gall v. United States, — U.S.-, 128 S.Ct. 586, 596, 169 L.Ed.2d 445 (2007) (“[A] district court s... | 3,858,877 | b |
As part of the sentencing process, a district court may consider whether the case before it lies within the "heartland" of typical cases considered by the Sentencing Commission when it drafted the Guidelines. Even after Booker, the district court is still required to apply the Guidelines and to consider the recommended... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Although district courts post -Booker have discretion to assign sentences outside of the Guidelines-authorized range, they should also continue to apply the Guidelines departure provisions in appropriate cases.\"",
"sentence": "See United States v. Sier... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[A] district court should begin all sentencing proceedings by correctly calculating the applicable Guidelines range.\"",
"sentence": "Gall v. United States, — U.S.-, 128 S.Ct. 586, 596, 169 L.Ed.2d 445 (2007) (“[A] district court should begin all ... | 3,858,877 | b |
That analysis is untenable on this remand because, in City of Jackson, the Supreme Court held that the "business necessity" test is not applicable in the ADEA context; rather, the appropriate test is for "reasonableness," such that the employer is not liable under the ADEA so long as the challenged employment action, i... | {
"signal": "see",
"identifier": "544 U.S. 243, 243",
"parenthetical": "\"Unlike the business necessity test, which asks whether there are other ways for the employer to achieve its goals that do not result in a disparate impact on a protected class, the reasonableness inquiry includes no such requirement.\"",
... | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating that there is no liability under the ADEA if the adverse impact of the challenged employment action is \"attributable to a nonage factor-that [i]s 'reasonable' \"",
"sentence": "See City of Jackson, 544 U.S. at 243, 125 S.Ct. 1536 (“Unlike th... | 3,672,117 | a |
That analysis is untenable on this remand because, in City of Jackson, the Supreme Court held that the "business necessity" test is not applicable in the ADEA context; rather, the appropriate test is for "reasonableness," such that the employer is not liable under the ADEA so long as the challenged employment action, i... | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating that there is no liability under the ADEA if the adverse impact of the challenged employment action is \"attributable to a nonage factor-that [i]s 'reasonable' \"",
"sentence": "See City of Jackson, 544 U.S. at 243, 125 S.Ct. 1536 (“Unlike th... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Unlike the business necessity test, which asks whether there are other ways for the employer to achieve its goals that do not result in a disparate impact on a protected class, the reasonableness inquiry includes no such requirement.\"",
"sentence": "Se... | 3,672,117 | b |
The answer to this question lies in subsection (b)(3), as amended in 1992, which states: "For purposes of all penalties and remedies established for violations of subsection (a)(1) of this section, the prohibited activity established herein as it applies to each such device shall be deemed a separate violation." Althou... | {
"signal": "see",
"identifier": "954 F.Supp. 124, 128",
"parenthetical": "treating each decoder device distributed by defendant as a separate violation",
"sentence": "See Columbia Cable TV Co. v. McCary, 954 F.Supp. 124, 128 (D.S.C.1996) (treating each decoder device distributed by defendant as a separate viol... | {
"signal": "but see",
"identifier": "124 F.3d 1044, 1050",
"parenthetical": "concluding that \"it is inappropriate for a court to multiply a civil damage award under SS 553 based on the number of violations involved in a single action\"",
"sentence": "See Columbia Cable TV Co. v. McCary, 954 F.Supp. 124, 128 (... | 11,584,703 | a |
The answer to this question lies in subsection (b)(3), as amended in 1992, which states: "For purposes of all penalties and remedies established for violations of subsection (a)(1) of this section, the prohibited activity established herein as it applies to each such device shall be deemed a separate violation." Althou... | {
"signal": "but see",
"identifier": "124 F.3d 1044, 1050",
"parenthetical": "concluding that \"it is inappropriate for a court to multiply a civil damage award under SS 553 based on the number of violations involved in a single action\"",
"sentence": "See Columbia Cable TV Co. v. McCary, 954 F.Supp. 124, 128 (... | {
"signal": "see",
"identifier": "897 F.Supp. 1454, 1459",
"parenthetical": "holding that \"[e]ach converter-decoder manufactured or distributed in violation of SS 553 is a separate violation of the statute\"",
"sentence": "See Columbia Cable TV Co. v. McCary, 954 F.Supp. 124, 128 (D.S.C.1996) (treating each de... | 11,584,703 | b |
P 39 As noted, Best is consistent with decisions of other courts that have scrutinized and severely criticized Oates. | {
"signal": "see also",
"identifier": "861 F.2d 1225, 1229",
"parenthetical": "\"Oates has been criticized by both courts and commentators as an unduly broad interpretation of Rule 803(8",
"sentence": "See United States v. Wilmer, 799 F.2d 495, 500-01 (9th Cir.1986) (expressly rejecting the Oates court’s reason... | {
"signal": "see",
"identifier": "799 F.2d 495, 500-01",
"parenthetical": "expressly rejecting the Oates court's reasoning and concluding \"calibration certificate was admissible under Rule 803(8",
"sentence": "See United States v. Wilmer, 799 F.2d 495, 500-01 (9th Cir.1986) (expressly rejecting the Oates court... | 3,236,243 | b |
P 39 As noted, Best is consistent with decisions of other courts that have scrutinized and severely criticized Oates. | {
"signal": "see also",
"identifier": "778 F.2d 1195, 1202",
"parenthetical": "\"[W]e now join the Second, Ninth and Eleventh Circuits in [refusing to apply] the restriction [in Oates ].\"",
"sentence": "See United States v. Wilmer, 799 F.2d 495, 500-01 (9th Cir.1986) (expressly rejecting the Oates court’s reas... | {
"signal": "see",
"identifier": "799 F.2d 495, 500-01",
"parenthetical": "expressly rejecting the Oates court's reasoning and concluding \"calibration certificate was admissible under Rule 803(8",
"sentence": "See United States v. Wilmer, 799 F.2d 495, 500-01 (9th Cir.1986) (expressly rejecting the Oates court... | 3,236,243 | b |
P 39 As noted, Best is consistent with decisions of other courts that have scrutinized and severely criticized Oates. | {
"signal": "see",
"identifier": "590 F.2d 789, 793",
"parenthetical": "expressly rejecting the Oates court's reasoning and concluding \"calibration certificate was admissible under Rule 803(8",
"sentence": "See United States v. Wilmer, 799 F.2d 495, 500-01 (9th Cir.1986) (expressly rejecting the Oates court’s ... | {
"signal": "see also",
"identifier": "861 F.2d 1225, 1229",
"parenthetical": "\"Oates has been criticized by both courts and commentators as an unduly broad interpretation of Rule 803(8",
"sentence": "See United States v. Wilmer, 799 F.2d 495, 500-01 (9th Cir.1986) (expressly rejecting the Oates court’s reason... | 3,236,243 | a |
P 39 As noted, Best is consistent with decisions of other courts that have scrutinized and severely criticized Oates. | {
"signal": "see also",
"identifier": "778 F.2d 1195, 1202",
"parenthetical": "\"[W]e now join the Second, Ninth and Eleventh Circuits in [refusing to apply] the restriction [in Oates ].\"",
"sentence": "See United States v. Wilmer, 799 F.2d 495, 500-01 (9th Cir.1986) (expressly rejecting the Oates court’s reas... | {
"signal": "see",
"identifier": "590 F.2d 789, 793",
"parenthetical": "expressly rejecting the Oates court's reasoning and concluding \"calibration certificate was admissible under Rule 803(8",
"sentence": "See United States v. Wilmer, 799 F.2d 495, 500-01 (9th Cir.1986) (expressly rejecting the Oates court’s ... | 3,236,243 | b |
To support their assertion that Francis Lord intended to create a servitude for the benefit of the back lots, the Pierros rely, in part, upon the fact that in the deed to one such lot, he included the same "equal rights" language as was contained in the beachfront lot deeds. The language in one back lot deed is insuffi... | {
"signal": "see",
"identifier": "112 N.H. 216, 219",
"parenthetical": "\"[T]he mere fact that a grantor imposes restrictions in part of a tract of land which he is selling does not necessarily lead to the conclusion that he intended thereby to have the restrictions apply to his remaining land.\"",
"sentence": ... | {
"signal": "cf.",
"identifier": "106 N.H. 464, 466-67",
"parenthetical": "implying an equitable servitude where 100 lots were laid out on a series of recorded plans and all but the fifteen or eighteen lots still owned by the real estate developer were conveyed with the same restrictions",
"sentence": "See Sun ... | 6,951,240 | a |
None of these findings of fact are clearly erroneous in light of the detectives' testimony. Based on these findings, we find no error in the district court's conclusion that, considering the totality of the circumstances, the detectives did not overcome Dehghani's will. | {
"signal": "cf.",
"identifier": "543 F.3d 1001, 1003",
"parenthetical": "finding no involuntary confession where defendant had stopped crying by the time he confessed",
"sentence": "See United States v. Santos-Garcia, 313 F.3d 1073, 1079 (8th Cir.2002) (noting that raised voices and promises of leniency do not... | {
"signal": "see",
"identifier": "313 F.3d 1073, 1079",
"parenthetical": "noting that raised voices and promises of leniency do not render a confession involuntary",
"sentence": "See United States v. Santos-Garcia, 313 F.3d 1073, 1079 (8th Cir.2002) (noting that raised voices and promises of leniency do not ren... | 5,883,705 | b |
Clearly such expressions of legislative intent are valid conditions imposed upon funds appropriated for salary increases and represent a valid exercise of the Legislature's power to control the purse strings of state government. See Henry, 346 So.2d at 158. Moreover, the clause does not change, amend or repeal existing... | {
"signal": "see also",
"identifier": null,
"parenthetical": "authority of Regents subject to power of Legislature to fix general appropriations limits beyond which Regents have no authority to bind state by contract",
"sentence": "See also Jewell Nursery Co. v. State, 4 S.D. 213, 56 N.W. 113, 114 (1893)(author... | {
"signal": "see",
"identifier": "428 N.W.2d 541, 541",
"parenthetical": "Regents, while' under duty to negotiate in good faith, are not required to agree to a contract or any specific rates of pay, wages or other conditions",
"sentence": "See Heege, 428 N.W.2d at 541 (Regents, while' under duty to negotiate in... | 11,710,081 | b |
Clearly such expressions of legislative intent are valid conditions imposed upon funds appropriated for salary increases and represent a valid exercise of the Legislature's power to control the purse strings of state government. See Henry, 346 So.2d at 158. Moreover, the clause does not change, amend or repeal existing... | {
"signal": "see",
"identifier": "428 N.W.2d 541, 541",
"parenthetical": "Regents, while' under duty to negotiate in good faith, are not required to agree to a contract or any specific rates of pay, wages or other conditions",
"sentence": "See Heege, 428 N.W.2d at 541 (Regents, while' under duty to negotiate in... | {
"signal": "see also",
"identifier": "56 N.W. 113, 114",
"parenthetical": "authority of Regents subject to power of Legislature to fix general appropriations limits beyond which Regents have no authority to bind state by contract",
"sentence": "See also Jewell Nursery Co. v. State, 4 S.D. 213, 56 N.W. 113, 114... | 11,710,081 | a |
The examiner's reasoning sets up a perceived credibility issue that relates to both tinnitus and hearing loss, which is for the Board to resolve. The examiner's perceived lack of information requires a response by the Board. Moreover, it is unclear from the Board's statement of reasons or bases whether the record and t... | {
"signal": "see also",
"identifier": "21 Vet.App. 545, 552",
"parenthetical": "Board required to consider all issues raised by the claimant or by evidence of record",
"sentence": "See Clemons, 23 Vet.App. at 3 (stating that a claimant has no special medical expertise, but may testify as to symptoms he can obse... | {
"signal": "see",
"identifier": "23 Vet.App. 3, 3",
"parenthetical": "stating that a claimant has no special medical expertise, but may testify as to symptoms he can observe, and holding that the Board may not deny a claim for benefits based on one condition when the evidence submitted and developed during the p... | 4,150,746 | b |
We speak here of discrimination in employment based on an individual's disability. In parsing the ADA, however, we draw freely on precedents in other types of discrimination cases. | {
"signal": "see",
"identifier": null,
"parenthetical": "recognizing that \"the ADA is interpreted in a manner similar to Title VII\"",
"sentence": "See EEOC v. Aniego, Inc., 110 F.3d 135, 145 n. 7 (1st Cir.1997) (recognizing that \"the ADA is interpreted in a manner similar to Title VII”); see also Serapion v.... | {
"signal": "see also",
"identifier": "119 F.3d 982, 985",
"parenthetical": "\"We regard Title VII, ADEA, ERISA, and FLSA as standing in pari passu and endorse the practice of treating judicial precedents interpreting one statute as instructive in decisions involving another.\"",
"sentence": "See EEOC v. Aniego... | 191,686 | a |
Second, her testimony about the fraud indicators helped the jury better understand the significance of the commonalities in the tax returns. Third, Calabrese's testimony was not the type of specialized testimony that needed to be admitted under Rule 702 because it was based on a summary of documents related to the case... | {
"signal": "see also",
"identifier": "643 F.3d 807, 841",
"parenthetical": "\"Rule 701 does not prohibit lay witnesses from testifying based on particularized knowledge gained from their own personal experiences.\"",
"sentence": "See United States v. Hamaker, 455 F.3d 1316, 1331-32 (11th Cir.2006) (concluding ... | {
"signal": "see",
"identifier": "455 F.3d 1316, 1331-32",
"parenthetical": "concluding a financial analyst from the Federal Bureau of Investigation gave lay testimony when he summarized thousands ' of financial documents, compared time sheets to payroll entries, and testified a fraud victim was billed for work t... | 4,364,997 | b |
Chi raised his Vienna Convention claim at his trial, but he did not raise the claim on direct appeal in state court. Both the TCCA in Chi's state-habeas proceedings and the district court in Chi's federalhabeas proceedings determined that the failure to raise this issue on direct appeal rendered it procedurally default... | {
"signal": "see also",
"identifier": "981 S.W.2d 690, 691",
"parenthetical": "\"It is well-settled 'that the writ of habeas corpus should not be used to litigate matters which should have been raised on direct appeal.' \" (citing Ex parte Goodman, 816 S.W.2d 383, 385 (Tex.Crim.App.1991",
"sentence": "See Colem... | {
"signal": "see",
"identifier": "501 U.S. 722, 729",
"parenthetical": "determining there can be no federal review of a state court decision if that decision is based on an independent state law ground, either substantive or procedural",
"sentence": "See Coleman v. Thompson, 501 U.S. 722, 729, 111 S.Ct. 2546, 1... | 3,051,756 | b |
Chi raised his Vienna Convention claim at his trial, but he did not raise the claim on direct appeal in state court. Both the TCCA in Chi's state-habeas proceedings and the district court in Chi's federalhabeas proceedings determined that the failure to raise this issue on direct appeal rendered it procedurally default... | {
"signal": "see also",
"identifier": "816 S.W.2d 383, 385",
"parenthetical": "\"It is well-settled 'that the writ of habeas corpus should not be used to litigate matters which should have been raised on direct appeal.' \" (citing Ex parte Goodman, 816 S.W.2d 383, 385 (Tex.Crim.App.1991",
"sentence": "See Colem... | {
"signal": "see",
"identifier": "501 U.S. 722, 729",
"parenthetical": "determining there can be no federal review of a state court decision if that decision is based on an independent state law ground, either substantive or procedural",
"sentence": "See Coleman v. Thompson, 501 U.S. 722, 729, 111 S.Ct. 2546, 1... | 3,051,756 | b |
Chi raised his Vienna Convention claim at his trial, but he did not raise the claim on direct appeal in state court. Both the TCCA in Chi's state-habeas proceedings and the district court in Chi's federalhabeas proceedings determined that the failure to raise this issue on direct appeal rendered it procedurally default... | {
"signal": "see",
"identifier": null,
"parenthetical": "determining there can be no federal review of a state court decision if that decision is based on an independent state law ground, either substantive or procedural",
"sentence": "See Coleman v. Thompson, 501 U.S. 722, 729, 111 S.Ct. 2546, 115 L.Ed.2d 640 ... | {
"signal": "see also",
"identifier": "981 S.W.2d 690, 691",
"parenthetical": "\"It is well-settled 'that the writ of habeas corpus should not be used to litigate matters which should have been raised on direct appeal.' \" (citing Ex parte Goodman, 816 S.W.2d 383, 385 (Tex.Crim.App.1991",
"sentence": "See Colem... | 3,051,756 | a |
Chi raised his Vienna Convention claim at his trial, but he did not raise the claim on direct appeal in state court. Both the TCCA in Chi's state-habeas proceedings and the district court in Chi's federalhabeas proceedings determined that the failure to raise this issue on direct appeal rendered it procedurally default... | {
"signal": "see also",
"identifier": "816 S.W.2d 383, 385",
"parenthetical": "\"It is well-settled 'that the writ of habeas corpus should not be used to litigate matters which should have been raised on direct appeal.' \" (citing Ex parte Goodman, 816 S.W.2d 383, 385 (Tex.Crim.App.1991",
"sentence": "See Colem... | {
"signal": "see",
"identifier": null,
"parenthetical": "determining there can be no federal review of a state court decision if that decision is based on an independent state law ground, either substantive or procedural",
"sentence": "See Coleman v. Thompson, 501 U.S. 722, 729, 111 S.Ct. 2546, 115 L.Ed.2d 640 ... | 3,051,756 | b |
Chi raised his Vienna Convention claim at his trial, but he did not raise the claim on direct appeal in state court. Both the TCCA in Chi's state-habeas proceedings and the district court in Chi's federalhabeas proceedings determined that the failure to raise this issue on direct appeal rendered it procedurally default... | {
"signal": "see also",
"identifier": "981 S.W.2d 690, 691",
"parenthetical": "\"It is well-settled 'that the writ of habeas corpus should not be used to litigate matters which should have been raised on direct appeal.' \" (citing Ex parte Goodman, 816 S.W.2d 383, 385 (Tex.Crim.App.1991",
"sentence": "See Colem... | {
"signal": "see",
"identifier": null,
"parenthetical": "determining there can be no federal review of a state court decision if that decision is based on an independent state law ground, either substantive or procedural",
"sentence": "See Coleman v. Thompson, 501 U.S. 722, 729, 111 S.Ct. 2546, 115 L.Ed.2d 640 ... | 3,051,756 | b |
Chi raised his Vienna Convention claim at his trial, but he did not raise the claim on direct appeal in state court. Both the TCCA in Chi's state-habeas proceedings and the district court in Chi's federalhabeas proceedings determined that the failure to raise this issue on direct appeal rendered it procedurally default... | {
"signal": "see also",
"identifier": "816 S.W.2d 383, 385",
"parenthetical": "\"It is well-settled 'that the writ of habeas corpus should not be used to litigate matters which should have been raised on direct appeal.' \" (citing Ex parte Goodman, 816 S.W.2d 383, 385 (Tex.Crim.App.1991",
"sentence": "See Colem... | {
"signal": "see",
"identifier": null,
"parenthetical": "determining there can be no federal review of a state court decision if that decision is based on an independent state law ground, either substantive or procedural",
"sentence": "See Coleman v. Thompson, 501 U.S. 722, 729, 111 S.Ct. 2546, 115 L.Ed.2d 640 ... | 3,051,756 | b |
Under Rice, the term "adjacent" cannot include every possible source of water that eventually flows into a navigable-in-fact waterway. Rather, adjacency necessarily implicates a "significant nexus" between the water in question and the navigable-in-fact waterway. | {
"signal": "see",
"identifier": "531 U.S. 167, 167",
"parenthetical": "finding that Riverside Bayview Homes turned on the \"significant nexus\" between the wetlands and the \"navigable waters\"",
"sentence": "See SWANCC, 531 U.S. at 167, 121 S.Ct. 675 (finding that Riverside Bayview Homes turned on the “signif... | {
"signal": "see also",
"identifier": "250 F.3d 271, 271",
"parenthetical": "requiring that the adjacent body of water be \"sufficiently linked\" to the navigable-in-fact water",
"sentence": "See SWANCC, 531 U.S. at 167, 121 S.Ct. 675 (finding that Riverside Bayview Homes turned on the “significant nexus” betwe... | 9,295,124 | a |
Under Rice, the term "adjacent" cannot include every possible source of water that eventually flows into a navigable-in-fact waterway. Rather, adjacency necessarily implicates a "significant nexus" between the water in question and the navigable-in-fact waterway. | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that Riverside Bayview Homes turned on the \"significant nexus\" between the wetlands and the \"navigable waters\"",
"sentence": "See SWANCC, 531 U.S. at 167, 121 S.Ct. 675 (finding that Riverside Bayview Homes turned on the “significant nexus” be... | {
"signal": "see also",
"identifier": "250 F.3d 271, 271",
"parenthetical": "requiring that the adjacent body of water be \"sufficiently linked\" to the navigable-in-fact water",
"sentence": "See SWANCC, 531 U.S. at 167, 121 S.Ct. 675 (finding that Riverside Bayview Homes turned on the “significant nexus” betwe... | 9,295,124 | a |
Pennsylvania does indeed have an interest in Franklin's claim because its professional reputation and business contacts are based in that state. Although New York has an interest in protecting its media defendants and providing an environment for the free exchange of ideas, Pennsylvania's interest in protecting its cit... | {
"signal": "cf.",
"identifier": "782 F.Supp. 1042, 1042",
"parenthetical": "refusing to apply Pennsylvania law when plaintiff did not reside in Pennsylvania at the time of the publication",
"sentence": "See Fitzpatrick, 537 F.Supp. at 171-72 (holding that Pennsylvania’s interest in compensating victim of defam... | {
"signal": "see",
"identifier": "537 F.Supp. 171, 171-72",
"parenthetical": "holding that Pennsylvania's interest in compensating victim of defamation outweighed New York's interests in protecting free discussion and financial injury to defendant",
"sentence": "See Fitzpatrick, 537 F.Supp. at 171-72 (holding t... | 9,107,271 | b |
Pennsylvania does indeed have an interest in Franklin's claim because its professional reputation and business contacts are based in that state. Although New York has an interest in protecting its media defendants and providing an environment for the free exchange of ideas, Pennsylvania's interest in protecting its cit... | {
"signal": "cf.",
"identifier": "782 F.Supp. 1042, 1042",
"parenthetical": "refusing to apply Pennsylvania law when plaintiff did not reside in Pennsylvania at the time of the publication",
"sentence": "See Fitzpatrick, 537 F.Supp. at 171-72 (holding that Pennsylvania’s interest in compensating victim of defam... | {
"signal": "see",
"identifier": "970 F.Supp. 414, 414",
"parenthetical": "holding that \"the state of plaintiffs domicile generally has the greatest concern in vindicating plaintiffs good name and providing compensation for harm caused by defamatory publication\"",
"sentence": "See Fitzpatrick, 537 F.Supp. at ... | 9,107,271 | b |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "no signal",
"identifier": "618 F.2d 1021, 1025-26",
"parenthetical": "\"There can be no doubt that an effective defense sometimes requires the assistance of an expert witness____ Moreover, provision for experts reasonably necessary to assist indigents is now considered essential to the operation of a... | {
"signal": "cf.",
"identifier": "704 F.2d 1487, 1494-97",
"parenthetical": "state must furnish psychiatric or psychological experts to indigent capital defendant if evidence not available from other sources is necessary to prove mitigating circumstances",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26... | 1,643,442 | a |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "cf.",
"identifier": "671 F.2d 1208, 1212-13",
"parenthetical": "failure of counsel to obtain expert to contradict government witness may constitute \"constitu tional flaw in the representation of a defendant----\"",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can ... | {
"signal": "no signal",
"identifier": "618 F.2d 1021, 1025-26",
"parenthetical": "\"There can be no doubt that an effective defense sometimes requires the assistance of an expert witness____ Moreover, provision for experts reasonably necessary to assist indigents is now considered essential to the operation of a... | 1,643,442 | b |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "no signal",
"identifier": "618 F.2d 1021, 1025-26",
"parenthetical": "\"There can be no doubt that an effective defense sometimes requires the assistance of an expert witness____ Moreover, provision for experts reasonably necessary to assist indigents is now considered essential to the operation of a... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "failure of counsel to obtain expert to contradict government witness may constitute \"constitu tional flaw in the representation of a defendant----\"",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can be no doubt that an ... | 1,643,442 | a |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "no signal",
"identifier": "504 F.2d 1345, 1351",
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by... | {
"signal": "cf.",
"identifier": "704 F.2d 1487, 1494-97",
"parenthetical": "state must furnish psychiatric or psychological experts to indigent capital defendant if evidence not available from other sources is necessary to prove mitigating circumstances",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26... | 1,643,442 | a |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "cf.",
"identifier": "671 F.2d 1208, 1212-13",
"parenthetical": "failure of counsel to obtain expert to contradict government witness may constitute \"constitu tional flaw in the representation of a defendant----\"",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can ... | {
"signal": "no signal",
"identifier": "504 F.2d 1345, 1351",
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by... | 1,643,442 | b |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "no signal",
"identifier": "504 F.2d 1345, 1351",
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "failure of counsel to obtain expert to contradict government witness may constitute \"constitu tional flaw in the representation of a defendant----\"",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can be no doubt that an ... | 1,643,442 | a |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.... | {
"signal": "cf.",
"identifier": "704 F.2d 1487, 1494-97",
"parenthetical": "state must furnish psychiatric or psychological experts to indigent capital defendant if evidence not available from other sources is necessary to prove mitigating circumstances",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26... | 1,643,442 | a |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "cf.",
"identifier": "671 F.2d 1208, 1212-13",
"parenthetical": "failure of counsel to obtain expert to contradict government witness may constitute \"constitu tional flaw in the representation of a defendant----\"",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.... | 1,643,442 | b |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "failure of counsel to obtain expert to contradict government witness may constitute \"constitu tional flaw in the representation of a defendant----\"",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can be no doubt that an ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.... | 1,643,442 | b |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "cf.",
"identifier": "704 F.2d 1487, 1494-97",
"parenthetical": "state must furnish psychiatric or psychological experts to indigent capital defendant if evidence not available from other sources is necessary to prove mitigating circumstances",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.... | 1,643,442 | b |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.... | {
"signal": "cf.",
"identifier": "671 F.2d 1208, 1212-13",
"parenthetical": "failure of counsel to obtain expert to contradict government witness may constitute \"constitu tional flaw in the representation of a defendant----\"",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can ... | 1,643,442 | a |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "failure of counsel to obtain expert to contradict government witness may constitute \"constitu tional flaw in the representation of a defendant----\"",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can be no doubt that an ... | 1,643,442 | a |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "cf.",
"identifier": "704 F.2d 1487, 1494-97",
"parenthetical": "state must furnish psychiatric or psychological experts to indigent capital defendant if evidence not available from other sources is necessary to prove mitigating circumstances",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.... | 1,643,442 | b |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.... | {
"signal": "cf.",
"identifier": "671 F.2d 1208, 1212-13",
"parenthetical": "failure of counsel to obtain expert to contradict government witness may constitute \"constitu tional flaw in the representation of a defendant----\"",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can ... | 1,643,442 | a |
. Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "failure of counsel to obtain expert to contradict government witness may constitute \"constitu tional flaw in the representation of a defendant----\"",
"sentence": "Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can be no doubt that an ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.... | 1,643,442 | b |
While it is true that a foreclosure action and an acceleration of the balance due based upon the same default may bar a subsequent action on that default, an acceleration and foreclosure predicated upon subsequent and different defaults present a separate and distinct issue. | {
"signal": "see also",
"identifier": "587 So.2d 629, 630",
"parenthetical": "holding that a mortgagee can successfully recover twice on one mortgage for multiple periods of default because the payments were different \"installments\"",
"sentence": "See[ Olympia Mortgage Corp. v. Pugh, 774 So.2d 863, 866 (Fla. ... | {
"signal": "see",
"identifier": "774 So.2d 863, 866",
"parenthetical": "\"We disagree that the election to accelerate placed future installments at issue.\"",
"sentence": "See[ Olympia Mortgage Corp. v. Pugh, 774 So.2d 863, 866 (Fla. 4th DCA 2000)] (“We disagree that the election to accelerate placed future in... | 4,260,870 | b |
Both the immigration court and the Board noted that the 180 day time period prescribed in SS 242B(c)(3)(A) could be subject to equitable tolling due to Muresan's ineffective assistance of counsel and, thus, suspended from running until Scorteanu had received actual notice. | {
"signal": "see",
"identifier": "321 F.3d 889, 897-98",
"parenthetical": "holding that equitable tolling is available where petitioner's attorney engaged in fraudulent or deceptive acts",
"sentence": "See Iturribarria v. INS, 321 F.3d 889, 897-98 (9th Cir.2003) (holding that equitable tolling is available wher... | {
"signal": "see also",
"identifier": "282 F.3d 1218, 1224",
"parenthetical": "recognizing equitable tolling of deadlines and numerical limits on motions to reopen or reconsider during periods when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due... | 9,102,843 | a |
The D.C. Circuit has made clear that "[w]hether a particular reassignment of duties constitutes an adverse action ... is generally a jury question," and has stated that a district court "may not take that question away from the jury if a reasonable juror could find that the reassignment left the plaintiff with signific... | {
"signal": "no signal",
"identifier": "475 F.3d 360, 365",
"parenthetical": "concluding that a jury could find adversity where, after a lateral transfer, plaintiff supervised fewer employees and managed a smaller budget",
"sentence": "Czekalski v. Peters, 475 F.3d 360, 365 (D.C.Cir.2007) (citations omitted) (c... | {
"signal": "see also",
"identifier": "601 F.3d 599, 607",
"parenthetical": "noting that \"the fact-finder must compare the position[s]\" at issue",
"sentence": "Czekalski v. Peters, 475 F.3d 360, 365 (D.C.Cir.2007) (citations omitted) (concluding that a jury could find adversity where, after a lateral transfer... | 12,180,954 | a |
The D.C. Circuit has made clear that "[w]hether a particular reassignment of duties constitutes an adverse action ... is generally a jury question," and has stated that a district court "may not take that question away from the jury if a reasonable juror could find that the reassignment left the plaintiff with signific... | {
"signal": "no signal",
"identifier": "475 F.3d 360, 365",
"parenthetical": "concluding that a jury could find adversity where, after a lateral transfer, plaintiff supervised fewer employees and managed a smaller budget",
"sentence": "Czekalski v. Peters, 475 F.3d 360, 365 (D.C.Cir.2007) (citations omitted) (c... | {
"signal": "see also",
"identifier": "754 F.Supp.2d 30, 47",
"parenthetical": "\"it is for a jury to decide whether plaintiffs diminished duties and responsibilities rose to the level of an adverse employment action\"",
"sentence": "Czekalski v. Peters, 475 F.3d 360, 365 (D.C.Cir.2007) (citations omitted) (con... | 12,180,954 | a |
.We decline to consider whether the Government waived its plea-agreement-waiver argument by failing to assert it in Jenners's initial appeal because Jenners did not address this issue either in his brief or at oral argument. | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating that \"[t]his court, of course, does not normally address issues not raised in the district court nor does it normally address issues not raised by a litigant on appeal\"",
"sentence": "See United States v. Walrath, 324 F.3d 966, 970 n. 2 (8t... | {
"signal": "see",
"identifier": null,
"parenthetical": "declining to address an argument that was not raised before the district court or in the briefs or at oral argument",
"sentence": "See United States v. Walrath, 324 F.3d 966, 970 n. 2 (8th Cir.2003) (declining to address an argument that was not raised be... | 4,130,721 | b |
We find that he properly included Fleming's medical limitations in the RFC finding and the hypothetical to the VE that were supported by substantial evidence in the record after discounting Fleming's credibility. Although Fleming points to a number of detailed errors, as we have held previously, we will not reverse whe... | {
"signal": "no signal",
"identifier": "427 F.3d 1217, 1217",
"parenthetical": "upholding ALJ decision despite failure to perform function-by-function assessment and failure to consider drowsiness or reactions to stress",
"sentence": "Bayliss, 427 F.3d at 1217 (upholding ALJ decision despite failure to perform ... | {
"signal": "see also",
"identifier": "539 F.3d 1169, 1174",
"parenthetical": "finding that the ALJ adequately captured limitations to \"concentration, persistence, or pace\" with a restriction to \"simple tasks\"",
"sentence": "Bayliss, 427 F.3d at 1217 (upholding ALJ decision despite failure to perform functi... | 3,299,520 | a |
This Court, however, has typically construed attacks on jurisdictional elements as a challenge to the sufficiency of the evidence supporting that particular jurisdictional element. | {
"signal": "see also",
"identifier": "727 F.3d 1144, 1152",
"parenthetical": "\"But, as we see it, 'any matter within the jurisdiction' is merely a jurisdictional element, for which no mens rea is required.\"",
"sentence": "See United States v. Blankenship, 382 F.3d 1110, 1131 (11th Cir.2004) (construing defen... | {
"signal": "see",
"identifier": "382 F.3d 1110, 1131",
"parenthetical": "construing defendant's claim that the District Court lacked jurisdiction under 18 U.S.C. SS 1001 as an attack on the sufficiency of the evidence",
"sentence": "See United States v. Blankenship, 382 F.3d 1110, 1131 (11th Cir.2004) (constru... | 3,642,473 | b |
This Court, however, has typically construed attacks on jurisdictional elements as a challenge to the sufficiency of the evidence supporting that particular jurisdictional element. | {
"signal": "see",
"identifier": "76 F.3d 350, 353",
"parenthetical": "\"Whether the government proved [a] jurisdictional element is measured as a challenge to the sufficiency of the evidence.\"",
"sentence": "See United States v. Blankenship, 382 F.3d 1110, 1131 (11th Cir.2004) (construing defendant’s claim th... | {
"signal": "see also",
"identifier": "727 F.3d 1144, 1152",
"parenthetical": "\"But, as we see it, 'any matter within the jurisdiction' is merely a jurisdictional element, for which no mens rea is required.\"",
"sentence": "See United States v. Blankenship, 382 F.3d 1110, 1131 (11th Cir.2004) (construing defen... | 3,642,473 | a |
That is, the same issue is presented in each action. When "mirror image" issues are present, "the havoc which can be produced by disparate proceedings, ... the waste and duplication (or triplication) of judicial trial and appellate resources, and the ease with which this can be avoided," weigh in favor of an anti-suit ... | {
"signal": "no signal",
"identifier": "848 S.W.2d 255, 255",
"parenthetical": "\"the underlying dispute is over one issue, insurance coverage, arising from one incident\"",
"sentence": "Admiral Ins., 848 S.W.2d at 255 (“the underlying dispute is over one issue, insurance coverage, arising from one incident”); ... | {
"signal": "cf.",
"identifier": "719 S.W.2d 163, 163",
"parenthetical": "\"[w]hile both proceedings here undoubtedly concern the same general subject matter, Christensen's California lawsuit raises issues and involves parties that differ from those in the Texas litigation\"",
"sentence": "Admiral Ins., 848 S.W... | 10,020,718 | a |
That is, the same issue is presented in each action. When "mirror image" issues are present, "the havoc which can be produced by disparate proceedings, ... the waste and duplication (or triplication) of judicial trial and appellate resources, and the ease with which this can be avoided," weigh in favor of an anti-suit ... | {
"signal": "cf.",
"identifier": "706 S.W.2d 308, 308",
"parenthetical": "\"the issues of the prior Canadian suit and the Texas action are similar \"",
"sentence": "Admiral Ins., 848 S.W.2d at 255 (“the underlying dispute is over one issue, insurance coverage, arising from one incident”); cf. Christensen, 719 S... | {
"signal": "no signal",
"identifier": "848 S.W.2d 255, 255",
"parenthetical": "\"the underlying dispute is over one issue, insurance coverage, arising from one incident\"",
"sentence": "Admiral Ins., 848 S.W.2d at 255 (“the underlying dispute is over one issue, insurance coverage, arising from one incident”); ... | 10,020,718 | b |
Lastly, plaintiffs' claims against the network defendants are "closely linked" to the arbitrable claims against the issuing banks. This Court has previously held plaintiffs' claims against the parent corporations of their issuing banks arbitrable because the alleged price-fixing conspiracy is "at the heart of the under... | {
"signal": "see also",
"identifier": "271 F.3d 407, 407",
"parenthetical": "finding estoppel warranted for claims \"linked textually\" to the contract containing the arbitration clause and \"bound up\" with the arbitrated dispute",
"sentence": "See JLM, 387 F.3d at 178 n. 7 (“[A]ny claim against an Owner joint... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[A]ny claim against an Owner jointly liable for the injury caused by [any one] contract is inextricably intertwined with the arbitrable claim against the Owner liable under that contract.\"",
"sentence": "See JLM, 387 F.3d at 178 n. 7 (“[A]ny claim agai... | 9,013,416 | b |
"Absent objection, ... [a] district court ha[s] a right to assume that [the affected party] agree[s] to the magistrate's recommendation." Additionally, "failure to raise objections to the Report and Recommendation waives that party's right to review in the district court and those claims not preserved by such objection... | {
"signal": "see also",
"identifier": "984 F.2d 25, 27",
"parenthetical": "stating that \"[o]bjection to a magistrate's report preserves only those objections that are specified\"",
"sentence": "Davet v. Maccarone, 973 F.2d 22, 30-31 (1st Cir.1992); see Henley Drilling Co. v. McGee, 36 F.3d 143, 150-51 (1st Cir... | {
"signal": "see",
"identifier": "36 F.3d 143, 150-51",
"parenthetical": "holding that objections are required when challenging findings actually set out in a magistrate's recommendation, as well as the magistrate's failure to make additional findings",
"sentence": "Davet v. Maccarone, 973 F.2d 22, 30-31 (1st C... | 4,265,926 | b |
"Absent objection, ... [a] district court ha[s] a right to assume that [the affected party] agree[s] to the magistrate's recommendation." Additionally, "failure to raise objections to the Report and Recommendation waives that party's right to review in the district court and those claims not preserved by such objection... | {
"signal": "see",
"identifier": "36 F.3d 143, 150-51",
"parenthetical": "holding that objections are required when challenging findings actually set out in a magistrate's recommendation, as well as the magistrate's failure to make additional findings",
"sentence": "Davet v. Maccarone, 973 F.2d 22, 30-31 (1st C... | {
"signal": "see also",
"identifier": "836 F.2d 4, 6",
"parenthetical": "holding that appellant was entitled to a de novo review, \"however he was not entitled to a de novo review of an argument never raised\"",
"sentence": "Davet v. Maccarone, 973 F.2d 22, 30-31 (1st Cir.1992); see Henley Drilling Co. v. McGee... | 4,265,926 | a |
Even in a light favorable to the Plaintiffs, so varied are the facts surrounding each individual's exposure, so varied are the individual reactions of persons exposed to malathion in this fashion, and so uncertain are the long term health consequences of this type exposure, only something in the nature of a general cli... | {
"signal": "see also",
"identifier": "965 F.Supp. 598, 598",
"parenthetical": "although all plaintiffs were exposed to lead emission, finding no commonality because whether and to what extent emissions affected each class member is not common, and any common claims changed by individual facts and situation of ea... | {
"signal": "see",
"identifier": "161 F.3d 145, 145-46",
"parenthetical": "finding that individualized issues of causation, addiction, the affirmative defenses of comparative and contributory negligence and the need for medical monitoring presented too many individual issues to permit class certification and medi... | 246,165 | b |
To the extent they claim the ordinance denies them total access to their market, this contention is rejected. More likely, however, plaintiffs argue that the ordinance reduces their market from an economic perspective that it will no longer be profitable as before the ordinance. Whether or not this proves to be the cas... | {
"signal": "see",
"identifier": "475 U.S. 54, 54",
"parenthetical": "First Amendment requires only that ordinance refrain from denying reasonable opportunity to operate business and does not require invalidation of regulations which merely reduce plaintiffs' audience",
"sentence": "See Renton, 475 U.S. at 54, ... | {
"signal": "see also",
"identifier": "107 F.3d 413, 413",
"parenthetical": "First Amendment analysis generally is not concerned with economic impact and that, unless the ordinance were intended to destroy an entire market, an adverse effect will not violate the First Amendment",
"sentence": "See Renton, 475 U.... | 243,105 | a |
To the extent they claim the ordinance denies them total access to their market, this contention is rejected. More likely, however, plaintiffs argue that the ordinance reduces their market from an economic perspective that it will no longer be profitable as before the ordinance. Whether or not this proves to be the cas... | {
"signal": "see also",
"identifier": "75 F.3d 663, 665",
"parenthetical": "\"it is irrelevant [for First Amendment purposes] whether a regulation will result in lost profits, higher overhead costs, or even prove commercially unfeasible for an adult business.\"",
"sentence": "See Renton, 475 U.S. at 54, 106 S.C... | {
"signal": "see",
"identifier": "475 U.S. 54, 54",
"parenthetical": "First Amendment requires only that ordinance refrain from denying reasonable opportunity to operate business and does not require invalidation of regulations which merely reduce plaintiffs' audience",
"sentence": "See Renton, 475 U.S. at 54, ... | 243,105 | b |
To the extent they claim the ordinance denies them total access to their market, this contention is rejected. More likely, however, plaintiffs argue that the ordinance reduces their market from an economic perspective that it will no longer be profitable as before the ordinance. Whether or not this proves to be the cas... | {
"signal": "see",
"identifier": "106 S.Ct. 932, 932",
"parenthetical": "First Amendment requires only that ordinance refrain from denying reasonable opportunity to operate business and does not require invalidation of regulations which merely reduce plaintiffs' audience",
"sentence": "See Renton, 475 U.S. at 5... | {
"signal": "see also",
"identifier": "107 F.3d 413, 413",
"parenthetical": "First Amendment analysis generally is not concerned with economic impact and that, unless the ordinance were intended to destroy an entire market, an adverse effect will not violate the First Amendment",
"sentence": "See Renton, 475 U.... | 243,105 | a |
To the extent they claim the ordinance denies them total access to their market, this contention is rejected. More likely, however, plaintiffs argue that the ordinance reduces their market from an economic perspective that it will no longer be profitable as before the ordinance. Whether or not this proves to be the cas... | {
"signal": "see also",
"identifier": "75 F.3d 663, 665",
"parenthetical": "\"it is irrelevant [for First Amendment purposes] whether a regulation will result in lost profits, higher overhead costs, or even prove commercially unfeasible for an adult business.\"",
"sentence": "See Renton, 475 U.S. at 54, 106 S.C... | {
"signal": "see",
"identifier": "106 S.Ct. 932, 932",
"parenthetical": "First Amendment requires only that ordinance refrain from denying reasonable opportunity to operate business and does not require invalidation of regulations which merely reduce plaintiffs' audience",
"sentence": "See Renton, 475 U.S. at 5... | 243,105 | b |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.