context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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|---|---|---|---|---|
"[T]his case is not one in which review under ORS 34.010 to ORS 34.102 was unavailable had it been timely filed, or a case in which another specific statutory or a common-law remedy exists for which there is jurisdiction over the cause. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that, regarding claims for employment discrimination under ORS chapter 659, the exclusivity provision of ORS 34.102(2) was inapplicable",
"sentence": "See Shockey v. City of Portland, 313 Or 414, 837 P2d 505 (1992), cert den 507 US 1017 (1993... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the trial court had subject matter jurisdiction over a common-law wrongful discharge claim",
"sentence": "See Shockey v. City of Portland, 313 Or 414, 837 P2d 505 (1992), cert den 507 US 1017 (1993) (holding that the trial court had subject m... | 5,416,287 | b |
"[T]his case is not one in which review under ORS 34.010 to ORS 34.102 was unavailable had it been timely filed, or a case in which another specific statutory or a common-law remedy exists for which there is jurisdiction over the cause. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that, regarding claims for employment discrimination under ORS chapter 659, the exclusivity provision of ORS 34.102(2) was inapplicable",
"sentence": "See Shockey v. City of Portland, 313 Or 414, 837 P2d 505 (1992), cert den 507 US 1017 (1993... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the trial court had subject matter jurisdiction over a common-law wrongful discharge claim",
"sentence": "See Shockey v. City of Portland, 313 Or 414, 837 P2d 505 (1992), cert den 507 US 1017 (1993) (holding that the trial court had subject m... | 5,416,287 | b |
Plaintiffs challenge the correctness of the Supreme Court's decision in Feres. Because the Supreme Court has not overruled Feres, we must follow it. | {
"signal": "see also",
"identifier": "248 F.3d 863, 869",
"parenthetical": "\"[W]e are bound to follow this well-worn path [of Feres].\"",
"sentence": "See, e.g., State Oil Co. v. Khan, 522 U.S. 3, 20, 118 S.Ct. 275, 139 L.Ed.2d 199 (1997) (“[I]t is [the Supreme] Court’s prerogative alone to overrule one of it... | {
"signal": "see",
"identifier": "522 U.S. 3, 20",
"parenthetical": "\"[I]t is [the Supreme] Court's prerogative alone to overrule one of its precedents.\"",
"sentence": "See, e.g., State Oil Co. v. Khan, 522 U.S. 3, 20, 118 S.Ct. 275, 139 L.Ed.2d 199 (1997) (“[I]t is [the Supreme] Court’s prerogative alone to ... | 12,398,423 | b |
Plaintiffs challenge the correctness of the Supreme Court's decision in Feres. Because the Supreme Court has not overruled Feres, we must follow it. | {
"signal": "see also",
"identifier": "248 F.3d 863, 869",
"parenthetical": "\"[W]e are bound to follow this well-worn path [of Feres].\"",
"sentence": "See, e.g., State Oil Co. v. Khan, 522 U.S. 3, 20, 118 S.Ct. 275, 139 L.Ed.2d 199 (1997) (“[I]t is [the Supreme] Court’s prerogative alone to overrule one of it... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[I]t is [the Supreme] Court's prerogative alone to overrule one of its precedents.\"",
"sentence": "See, e.g., State Oil Co. v. Khan, 522 U.S. 3, 20, 118 S.Ct. 275, 139 L.Ed.2d 199 (1997) (“[I]t is [the Supreme] Court’s prerogative alone to overrule one... | 12,398,423 | b |
Plaintiffs challenge the correctness of the Supreme Court's decision in Feres. Because the Supreme Court has not overruled Feres, we must follow it. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[I]t is [the Supreme] Court's prerogative alone to overrule one of its precedents.\"",
"sentence": "See, e.g., State Oil Co. v. Khan, 522 U.S. 3, 20, 118 S.Ct. 275, 139 L.Ed.2d 199 (1997) (“[I]t is [the Supreme] Court’s prerogative alone to overrule one... | {
"signal": "see also",
"identifier": "248 F.3d 863, 869",
"parenthetical": "\"[W]e are bound to follow this well-worn path [of Feres].\"",
"sentence": "See, e.g., State Oil Co. v. Khan, 522 U.S. 3, 20, 118 S.Ct. 275, 139 L.Ed.2d 199 (1997) (“[I]t is [the Supreme] Court’s prerogative alone to overrule one of it... | 12,398,423 | a |
The HOA's lien, which attached prior to FHFA's placing of Fannie Mae into conservatorship, is not extinguished by section 4617(j)(3) and does not lose its priority status, so the HOA is not deprived of its property interest. However, section 4617(j)(3) does prevent the HOA from selling the Property at foreclosure'free ... | {
"signal": "see also",
"identifier": "19 F.3d 225, 225",
"parenthetical": "\"Unmitigated delay, coupled with diminishment of distinct investment-backed expectations, may, at some point, infringe on the entire 'bundle' of rights enjoyed by the Appellants to the point that a compensable taking occurs.\"",
"sente... | {
"signal": "no signal",
"identifier": "53 F.3d 24, 24",
"parenthetical": "finding that a delay in the enforcement of a tax lien against the FDIC caused by 12 U.S.C. SS 1825(b",
"sentence": "Cebrick, 53 F.3d at 24 (finding that a delay in the enforcement of a tax lien against the FDIC caused by 12 U.S.C. § 1825... | 4,362,572 | b |
At oral argument, Joseph made additional arguments that were not raised before the district court or in any of his appellate briefs, such as that African Americans were systematically excluded from clinical trial inspections and that the FDA was allegedly testing Fenfluramine on minority young people in order to resear... | {
"signal": "cf.",
"identifier": "999 F.2d 708, 711",
"parenthetical": "\"Arguments may not be made for the first time in a reply brief'",
"sentence": "See Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (“It is the general rule, of course, that a federal appellate court does not con... | {
"signal": "see",
"identifier": "428 U.S. 106, 120",
"parenthetical": "\"It is the general rule, of course, that a federal appellate court does not consider an issue not passed upon below\"",
"sentence": "See Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (“It is the general rule, ... | 3,261,742 | b |
At oral argument, Joseph made additional arguments that were not raised before the district court or in any of his appellate briefs, such as that African Americans were systematically excluded from clinical trial inspections and that the FDA was allegedly testing Fenfluramine on minority young people in order to resear... | {
"signal": "cf.",
"identifier": "999 F.2d 708, 711",
"parenthetical": "\"Arguments may not be made for the first time in a reply brief'",
"sentence": "See Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (“It is the general rule, of course, that a federal appellate court does not con... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"It is the general rule, of course, that a federal appellate court does not consider an issue not passed upon below\"",
"sentence": "See Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (“It is the general rule, of course, that... | 3,261,742 | b |
At oral argument, Joseph made additional arguments that were not raised before the district court or in any of his appellate briefs, such as that African Americans were systematically excluded from clinical trial inspections and that the FDA was allegedly testing Fenfluramine on minority young people in order to resear... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"It is the general rule, of course, that a federal appellate court does not consider an issue not passed upon below\"",
"sentence": "See Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (“It is the general rule, of course, that... | {
"signal": "cf.",
"identifier": "999 F.2d 708, 711",
"parenthetical": "\"Arguments may not be made for the first time in a reply brief'",
"sentence": "See Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (“It is the general rule, of course, that a federal appellate court does not con... | 3,261,742 | a |
You gentlemen are welcome to search anywhere on my premises you want to search and take anything you find."). Regardless, the Schneckloth Court rejected the type of per se rule the dissent proposes. | {
"signal": "see also",
"identifier": "536 U.S. 194, 207",
"parenthetical": "noting that \"there are no per se rules\" in deciding whether consent was voluntary",
"sentence": "See 412 U.S. at 229, 93 S.Ct. 2041 (“The problem of reconciling the recognized legitimacy of consent searches with the requirement that ... | {
"signal": "see",
"identifier": "412 U.S. 229, 229",
"parenthetical": "\"The problem of reconciling the recognized legitimacy of consent searches with the requirement that they be free from any aspect of official coercion cannot be resolved by any infallible touchstone.\"",
"sentence": "See 412 U.S. at 229, 93... | 4,310,326 | b |
You gentlemen are welcome to search anywhere on my premises you want to search and take anything you find."). Regardless, the Schneckloth Court rejected the type of per se rule the dissent proposes. | {
"signal": "see",
"identifier": "412 U.S. 229, 229",
"parenthetical": "\"The problem of reconciling the recognized legitimacy of consent searches with the requirement that they be free from any aspect of official coercion cannot be resolved by any infallible touchstone.\"",
"sentence": "See 412 U.S. at 229, 93... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that \"there are no per se rules\" in deciding whether consent was voluntary",
"sentence": "See 412 U.S. at 229, 93 S.Ct. 2041 (“The problem of reconciling the recognized legitimacy of consent searches with the requirement that they be free fr... | 4,310,326 | a |
You gentlemen are welcome to search anywhere on my premises you want to search and take anything you find."). Regardless, the Schneckloth Court rejected the type of per se rule the dissent proposes. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that \"there are no per se rules\" in deciding whether consent was voluntary",
"sentence": "See 412 U.S. at 229, 93 S.Ct. 2041 (“The problem of reconciling the recognized legitimacy of consent searches with the requirement that they be free fr... | {
"signal": "see",
"identifier": "412 U.S. 229, 229",
"parenthetical": "\"The problem of reconciling the recognized legitimacy of consent searches with the requirement that they be free from any aspect of official coercion cannot be resolved by any infallible touchstone.\"",
"sentence": "See 412 U.S. at 229, 93... | 4,310,326 | b |
You gentlemen are welcome to search anywhere on my premises you want to search and take anything you find."). Regardless, the Schneckloth Court rejected the type of per se rule the dissent proposes. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The problem of reconciling the recognized legitimacy of consent searches with the requirement that they be free from any aspect of official coercion cannot be resolved by any infallible touchstone.\"",
"sentence": "See 412 U.S. at 229, 93 S.Ct. 2041 (“T... | {
"signal": "see also",
"identifier": "536 U.S. 194, 207",
"parenthetical": "noting that \"there are no per se rules\" in deciding whether consent was voluntary",
"sentence": "See 412 U.S. at 229, 93 S.Ct. 2041 (“The problem of reconciling the recognized legitimacy of consent searches with the requirement that ... | 4,310,326 | a |
You gentlemen are welcome to search anywhere on my premises you want to search and take anything you find."). Regardless, the Schneckloth Court rejected the type of per se rule the dissent proposes. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The problem of reconciling the recognized legitimacy of consent searches with the requirement that they be free from any aspect of official coercion cannot be resolved by any infallible touchstone.\"",
"sentence": "See 412 U.S. at 229, 93 S.Ct. 2041 (“T... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that \"there are no per se rules\" in deciding whether consent was voluntary",
"sentence": "See 412 U.S. at 229, 93 S.Ct. 2041 (“The problem of reconciling the recognized legitimacy of consent searches with the requirement that they be free fr... | 4,310,326 | a |
You gentlemen are welcome to search anywhere on my premises you want to search and take anything you find."). Regardless, the Schneckloth Court rejected the type of per se rule the dissent proposes. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The problem of reconciling the recognized legitimacy of consent searches with the requirement that they be free from any aspect of official coercion cannot be resolved by any infallible touchstone.\"",
"sentence": "See 412 U.S. at 229, 93 S.Ct. 2041 (“T... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that \"there are no per se rules\" in deciding whether consent was voluntary",
"sentence": "See 412 U.S. at 229, 93 S.Ct. 2041 (“The problem of reconciling the recognized legitimacy of consent searches with the requirement that they be free fr... | 4,310,326 | a |
P14 Probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home. And an officer's general conclusions about drug dealers' habits are, standing alone, insufficient to justify a search of a suspected drug dealer's home. | {
"signal": "see also",
"identifier": "73 Wn. App. 348, 357",
"parenthetical": "stating \"an officer's belief that persons who cultivate marijuana often keep records and materials in safe houses is not, in our judgment, a sufficient basis for the issuance of a warrant to search a residence of a person connected t... | {
"signal": "no signal",
"identifier": "138 Wn.2d 148, 148-49",
"parenthetical": "holding that broad generalizations do not alone establish probable cause",
"sentence": "Thein, 138 Wn.2d at 148-49 (holding that broad generalizations do not alone establish probable cause); see also State v. Olson, 73 Wn. App. 34... | 1,016,437 | b |
P14 Probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home. And an officer's general conclusions about drug dealers' habits are, standing alone, insufficient to justify a search of a suspected drug dealer's home. | {
"signal": "no signal",
"identifier": "138 Wn.2d 148, 148-49",
"parenthetical": "holding that broad generalizations do not alone establish probable cause",
"sentence": "Thein, 138 Wn.2d at 148-49 (holding that broad generalizations do not alone establish probable cause); see also State v. Olson, 73 Wn. App. 34... | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating \"an officer's belief that persons who cultivate marijuana often keep records and materials in safe houses is not, in our judgment, a sufficient basis for the issuance of a warrant to search a residence of a person connected to the grow operati... | 1,016,437 | a |
An accused initiates communication by making a statement that "evince[s] a willingness and a desire for a generalized discussion about the investigation[.]" | {
"signal": "no signal",
"identifier": "462 US 1039, 1045-46",
"parenthetical": "asking \"Well, what is going to happen to me now?\" initiated communication",
"sentence": "Oregon v. Bradshaw, 462 US 1039, 1045-46, 103 S Ct 2830, 77 L Ed 2d 405 (1983) (asking “Well, what is going to happen to me now?” initiated ... | {
"signal": "but see",
"identifier": "73 Or App 53, 58-59",
"parenthetical": "inquiring about \"the charge itself * * * what it carried and so forth\" did not show willingness to discuss the investigation",
"sentence": "But see State v. Crawford, 73 Or App 53, 58-59, 698 P2d 40 (1985) (inquiring about “the char... | 4,469,446 | a |
An accused initiates communication by making a statement that "evince[s] a willingness and a desire for a generalized discussion about the investigation[.]" | {
"signal": "but see",
"identifier": "73 Or App 53, 58-59",
"parenthetical": "inquiring about \"the charge itself * * * what it carried and so forth\" did not show willingness to discuss the investigation",
"sentence": "But see State v. Crawford, 73 Or App 53, 58-59, 698 P2d 40 (1985) (inquiring about “the char... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "asking \"Well, what is going to happen to me now?\" initiated communication",
"sentence": "Oregon v. Bradshaw, 462 US 1039, 1045-46, 103 S Ct 2830, 77 L Ed 2d 405 (1983) (asking “Well, what is going to happen to me now?” initiated communication)."
} | 4,469,446 | b |
An accused initiates communication by making a statement that "evince[s] a willingness and a desire for a generalized discussion about the investigation[.]" | {
"signal": "but see",
"identifier": "73 Or App 53, 58-59",
"parenthetical": "inquiring about \"the charge itself * * * what it carried and so forth\" did not show willingness to discuss the investigation",
"sentence": "But see State v. Crawford, 73 Or App 53, 58-59, 698 P2d 40 (1985) (inquiring about “the char... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "asking \"Well, what is going to happen to me now?\" initiated communication",
"sentence": "Oregon v. Bradshaw, 462 US 1039, 1045-46, 103 S Ct 2830, 77 L Ed 2d 405 (1983) (asking “Well, what is going to happen to me now?” initiated communication)."
} | 4,469,446 | b |
It remains an open question of law, at least in the First Circuit, whether there is related-to jurisdiction over a case against a non-debtor, third-party defendant who has a potential (as opposed to an actual) claim for contribution or indemnity against the debtor. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[T]he determination of whether a removed state court proceeding is sufficiently related to a debtor's bankruptcy to confer subject matter jurisdiction is complicated by what appears to be contradictory opinions.\"",
"sentence": "See Cambridge Place... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that \"[t]he First Circuit has not yet addressed the appropriate standard to be applied in evaluating whether contractual indemnification obligations give rise to 'related to' bankruptcy jurisdiction.\"",
"sentence": "See Cambridge Place, 2010 WL 6... | 4,200,462 | b |
It remains an open question of law, at least in the First Circuit, whether there is related-to jurisdiction over a case against a non-debtor, third-party defendant who has a potential (as opposed to an actual) claim for contribution or indemnity against the debtor. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that \"[t]he First Circuit has not yet addressed the appropriate standard to be applied in evaluating whether contractual indemnification obligations give rise to 'related to' bankruptcy jurisdiction.\"",
"sentence": "See Cambridge Place, 2010 WL 6... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[T]he determination of whether a removed state court proceeding is sufficiently related to a debtor's bankruptcy to confer subject matter jurisdiction is complicated by what appears to be contradictory opinions.\"",
"sentence": "See Cambridge Place... | 4,200,462 | a |
For the inmate requesting documents in anticipation of a collateral attack on his conviction, adequate opportunity to present his claims requires first and foremost meaningful access to the post-conviction procedures provided by the legislature in La. C.Cr.P. art. 924 et seq. That access does not require the state to u... | {
"signal": "cf.",
"identifier": "695 P.2d 156, 159",
"parenthetical": "\"a petition for post-conviction relief must be on file and the district court must determine that the petition has merit\" before an inmate will receive free copies of transcripts",
"sentence": "Cf. Cutbirth v. State, 695 P.2d 156, 159 (Wy... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[d]ue process and equal protection surely do not require the providing of transcripts to make petitioner aware in the first instance of events or occurrences which constitute grounds for collateral attack\"",
"sentence": "See Payton, swpra; State v. Dro... | 7,464,489 | b |
For the inmate requesting documents in anticipation of a collateral attack on his conviction, adequate opportunity to present his claims requires first and foremost meaningful access to the post-conviction procedures provided by the legislature in La. C.Cr.P. art. 924 et seq. That access does not require the state to u... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[d]ue process and equal protection surely do not require the providing of transcripts to make petitioner aware in the first instance of events or occurrences which constitute grounds for collateral attack\"",
"sentence": "See Payton, swpra; State v. Dro... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "free copies of \"material on file\" available to inmate only when he \"demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for post conviction relief'",
"sentence": "Cf. Cutbirth v. State, 6... | 7,464,489 | a |
For the inmate requesting documents in anticipation of a collateral attack on his conviction, adequate opportunity to present his claims requires first and foremost meaningful access to the post-conviction procedures provided by the legislature in La. C.Cr.P. art. 924 et seq. That access does not require the state to u... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[d]ue process and equal protection surely do not require the providing of transcripts to make petitioner aware in the first instance of events or occurrences which constitute grounds for collateral attack\"",
"sentence": "See Payton, swpra; State v. Dro... | {
"signal": "cf.",
"identifier": "840 S.W.2d 165, 166",
"parenthetical": "free copies of \"material on file\" available to inmate only when he \"demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for post conviction relief'",
"sentence": "Cf. Cut... | 7,464,489 | a |
For the inmate requesting documents in anticipation of a collateral attack on his conviction, adequate opportunity to present his claims requires first and foremost meaningful access to the post-conviction procedures provided by the legislature in La. C.Cr.P. art. 924 et seq. That access does not require the state to u... | {
"signal": "see",
"identifier": "569 P.2d 272, 274",
"parenthetical": "\"[d]ue process and equal protection surely do not require the providing of transcripts to make petitioner aware in the first instance of events or occurrences which constitute grounds for collateral attack\"",
"sentence": "See Payton, swpr... | {
"signal": "cf.",
"identifier": "695 P.2d 156, 159",
"parenthetical": "\"a petition for post-conviction relief must be on file and the district court must determine that the petition has merit\" before an inmate will receive free copies of transcripts",
"sentence": "Cf. Cutbirth v. State, 695 P.2d 156, 159 (Wy... | 7,464,489 | a |
For the inmate requesting documents in anticipation of a collateral attack on his conviction, adequate opportunity to present his claims requires first and foremost meaningful access to the post-conviction procedures provided by the legislature in La. C.Cr.P. art. 924 et seq. That access does not require the state to u... | {
"signal": "see",
"identifier": "569 P.2d 272, 274",
"parenthetical": "\"[d]ue process and equal protection surely do not require the providing of transcripts to make petitioner aware in the first instance of events or occurrences which constitute grounds for collateral attack\"",
"sentence": "See Payton, swpr... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "free copies of \"material on file\" available to inmate only when he \"demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for post conviction relief'",
"sentence": "Cf. Cutbirth v. State, 6... | 7,464,489 | a |
For the inmate requesting documents in anticipation of a collateral attack on his conviction, adequate opportunity to present his claims requires first and foremost meaningful access to the post-conviction procedures provided by the legislature in La. C.Cr.P. art. 924 et seq. That access does not require the state to u... | {
"signal": "see",
"identifier": "569 P.2d 272, 274",
"parenthetical": "\"[d]ue process and equal protection surely do not require the providing of transcripts to make petitioner aware in the first instance of events or occurrences which constitute grounds for collateral attack\"",
"sentence": "See Payton, swpr... | {
"signal": "cf.",
"identifier": "840 S.W.2d 165, 166",
"parenthetical": "free copies of \"material on file\" available to inmate only when he \"demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for post conviction relief'",
"sentence": "Cf. Cut... | 7,464,489 | a |
Perhaps because Executive Coach did not raise this argument until its reply brief, the district court did not rule on it, and "we do not normally consider issues which the district court did not rule upon." To the extent that the argument is properly before us, we And that Executive Coach has not met its burden to demo... | {
"signal": "no signal",
"identifier": "582 F.3d 863, 880",
"parenthetical": "burden is on party asserting federal preemption of state law",
"sentence": "Geier, 529 U.S. at 873-74, 120 S.Ct. 1913 (internal quotation omitted); Williams v. Nat’l Football League, 582 F.3d 863, 880 (8th Cir. 2009) (burden is on par... | {
"signal": "see also",
"identifier": "628 F.3d 282, 282-83",
"parenthetical": "holding that common law misrepresentation claims were not preempted because they did not conflict with a FMVSS",
"sentence": "Geier, 529 U.S. at 873-74, 120 S.Ct. 1913 (internal quotation omitted); Williams v. Nat’l Football League,... | 12,275,437 | a |
In the labor context, "state contract law must yield to the developing federal common law, lest common terms in bargaining agreements be given different and potentially inconsistent interpretations in different jurisdictions." As the Court of Appeals for the Sixth Circuit observed in a similar situation, an agreement b... | {
"signal": "see also",
"identifier": "820 F.2d 1044, 1048-49",
"parenthetical": "holding that oral agreement made in connection with reinstatement should be treated as part of collective bargaining agreement",
"sentence": "Jones v. General Motors Corp., 939 F.2d 380, 383 (6th Cir.1991) (holding that state law ... | {
"signal": "no signal",
"identifier": "939 F.2d 380, 383",
"parenthetical": "holding that state law claim regarding breach of settlement agreement was preempted by federal labor law",
"sentence": "Jones v. General Motors Corp., 939 F.2d 380, 383 (6th Cir.1991) (holding that state law claim regarding breach of ... | 5,737,648 | b |
Both federal and state courts in other jurisdictions have interpreted Manson to stand for the proposition that extrinsic evidence of guilt should play no part when courts analyze the independent reliability of an inherently suggestive identification procedure. | {
"signal": "see",
"identifier": "257 F.3d 141, 141",
"parenthetical": "concluding \"that evidence of record that is unrelated to an identification but that is supportive of a finding of guilt is properly considered in harmless-error analysis, not in the due process inquiry of whether the identification has relia... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[Ojther evidence of a defendant's guilt, not dealing with the individual eyewitness's personal observation and memory, plays no part in the analysis of the reliability of that eyewitness's identification.\"",
"sentence": "See, e.g., United States v... | 4,237,427 | a |
Both federal and state courts in other jurisdictions have interpreted Manson to stand for the proposition that extrinsic evidence of guilt should play no part when courts analyze the independent reliability of an inherently suggestive identification procedure. | {
"signal": "see also",
"identifier": "367 S.E.2d 197, 201",
"parenthetical": "\"[Ojther evidence of a defendant's guilt, not dealing with the individual eyewitness's personal observation and memory, plays no part in the analysis of the reliability of that eyewitness's identification.\"",
"sentence": "See, e.g.... | {
"signal": "see",
"identifier": "257 F.3d 141, 141",
"parenthetical": "concluding \"that evidence of record that is unrelated to an identification but that is supportive of a finding of guilt is properly considered in harmless-error analysis, not in the due process inquiry of whether the identification has relia... | 4,237,427 | b |
Both federal and state courts in other jurisdictions have interpreted Manson to stand for the proposition that extrinsic evidence of guilt should play no part when courts analyze the independent reliability of an inherently suggestive identification procedure. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Consistent with the majority of jurisdictions, it is evident that corroborating evidence of guilt would be relevant only to a harmless error analysis.\"",
"sentence": "See, e.g., United States v. Greene, 704 F.3d 298, 310 (4th Cir.2013) (“[E]videnc... | {
"signal": "see",
"identifier": "257 F.3d 141, 141",
"parenthetical": "concluding \"that evidence of record that is unrelated to an identification but that is supportive of a finding of guilt is properly considered in harmless-error analysis, not in the due process inquiry of whether the identification has relia... | 4,237,427 | b |
Both federal and state courts in other jurisdictions have interpreted Manson to stand for the proposition that extrinsic evidence of guilt should play no part when courts analyze the independent reliability of an inherently suggestive identification procedure. | {
"signal": "see",
"identifier": "257 F.3d 141, 141",
"parenthetical": "concluding \"that evidence of record that is unrelated to an identification but that is supportive of a finding of guilt is properly considered in harmless-error analysis, not in the due process inquiry of whether the identification has relia... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Consistent with the majority of jurisdictions, it is evident that corroborating evidence of guilt would be relevant only to a harmless error analysis.\"",
"sentence": "See, e.g., United States v. Greene, 704 F.3d 298, 310 (4th Cir.2013) (“[E]videnc... | 4,237,427 | a |
Both federal and state courts in other jurisdictions have interpreted Manson to stand for the proposition that extrinsic evidence of guilt should play no part when courts analyze the independent reliability of an inherently suggestive identification procedure. | {
"signal": "see",
"identifier": "728 F.2d 1533, 1546",
"parenthetical": "\"[Ojther evidence of guilt does not play a formal role in the analysis\" of admissibility of eyewitness identification",
"sentence": "See, e.g., United States v. Greene, 704 F.3d 298, 310 (4th Cir.2013) (“[E]vidence extrinsic to an ident... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[Ojther evidence of a defendant's guilt, not dealing with the individual eyewitness's personal observation and memory, plays no part in the analysis of the reliability of that eyewitness's identification.\"",
"sentence": "See, e.g., United States v... | 4,237,427 | a |
Both federal and state courts in other jurisdictions have interpreted Manson to stand for the proposition that extrinsic evidence of guilt should play no part when courts analyze the independent reliability of an inherently suggestive identification procedure. | {
"signal": "see",
"identifier": "728 F.2d 1533, 1546",
"parenthetical": "\"[Ojther evidence of guilt does not play a formal role in the analysis\" of admissibility of eyewitness identification",
"sentence": "See, e.g., United States v. Greene, 704 F.3d 298, 310 (4th Cir.2013) (“[E]vidence extrinsic to an ident... | {
"signal": "see also",
"identifier": "367 S.E.2d 197, 201",
"parenthetical": "\"[Ojther evidence of a defendant's guilt, not dealing with the individual eyewitness's personal observation and memory, plays no part in the analysis of the reliability of that eyewitness's identification.\"",
"sentence": "See, e.g.... | 4,237,427 | a |
Both federal and state courts in other jurisdictions have interpreted Manson to stand for the proposition that extrinsic evidence of guilt should play no part when courts analyze the independent reliability of an inherently suggestive identification procedure. | {
"signal": "see",
"identifier": "728 F.2d 1533, 1546",
"parenthetical": "\"[Ojther evidence of guilt does not play a formal role in the analysis\" of admissibility of eyewitness identification",
"sentence": "See, e.g., United States v. Greene, 704 F.3d 298, 310 (4th Cir.2013) (“[E]vidence extrinsic to an ident... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Consistent with the majority of jurisdictions, it is evident that corroborating evidence of guilt would be relevant only to a harmless error analysis.\"",
"sentence": "See, e.g., United States v. Greene, 704 F.3d 298, 310 (4th Cir.2013) (“[E]videnc... | 4,237,427 | a |
Both federal and state courts in other jurisdictions have interpreted Manson to stand for the proposition that extrinsic evidence of guilt should play no part when courts analyze the independent reliability of an inherently suggestive identification procedure. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Consistent with the majority of jurisdictions, it is evident that corroborating evidence of guilt would be relevant only to a harmless error analysis.\"",
"sentence": "See, e.g., United States v. Greene, 704 F.3d 298, 310 (4th Cir.2013) (“[E]videnc... | {
"signal": "see",
"identifier": "728 F.2d 1533, 1546",
"parenthetical": "\"[Ojther evidence of guilt does not play a formal role in the analysis\" of admissibility of eyewitness identification",
"sentence": "See, e.g., United States v. Greene, 704 F.3d 298, 310 (4th Cir.2013) (“[E]vidence extrinsic to an ident... | 4,237,427 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see also",
"identifier": "88 F.3d 245, 251",
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, ... | {
"signal": "see",
"identifier": "507 U.S. 725, 734",
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of pe... | 11,780,382 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": "507 U.S. 725, 734",
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of pe... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 11,780,382 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": "507 U.S. 725, 734",
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of pe... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 11,780,382 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see also",
"identifier": "88 F.3d 245, 251",
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, ... | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | 11,780,382 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | 11,780,382 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 11,780,382 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | {
"signal": "see also",
"identifier": "88 F.3d 245, 251",
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, ... | 11,780,382 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | 11,780,382 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 11,780,382 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": "97 F.3d 565, 571",
"parenthetical": "no bar in this Circuit to \"dual testimony as both a fact and expert witness\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion w... | {
"signal": "see also",
"identifier": "88 F.3d 245, 251",
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, ... | 11,780,382 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | {
"signal": "see",
"identifier": "97 F.3d 565, 571",
"parenthetical": "no bar in this Circuit to \"dual testimony as both a fact and expert witness\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion w... | 11,780,382 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | {
"signal": "see",
"identifier": "97 F.3d 565, 571",
"parenthetical": "no bar in this Circuit to \"dual testimony as both a fact and expert witness\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion w... | 11,780,382 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": "507 U.S. 725, 734",
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of pe... | {
"signal": "see also",
"identifier": "88 F.3d 245, 251",
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, ... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": "507 U.S. 725, 734",
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of pe... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": "507 U.S. 725, 734",
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of pe... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": "507 U.S. 725, 734",
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of pe... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | {
"signal": "see also",
"identifier": "88 F.3d 245, 251",
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, ... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | 3,668,111 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | {
"signal": "see also",
"identifier": "88 F.3d 245, 251",
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, ... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | 3,668,111 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | {
"signal": "see",
"identifier": null,
"parenthetical": "in plain error cases appellant bears \"burden of persuasion with respect to prejudice\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion with r... | 3,668,111 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": "97 F.3d 565, 571",
"parenthetical": "no bar in this Circuit to \"dual testimony as both a fact and expert witness\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion w... | {
"signal": "see also",
"identifier": "88 F.3d 245, 251",
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, ... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | {
"signal": "see",
"identifier": "97 F.3d 565, 571",
"parenthetical": "no bar in this Circuit to \"dual testimony as both a fact and expert witness\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion w... | 3,668,111 | b |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": "97 F.3d 565, 571",
"parenthetical": "no bar in this Circuit to \"dual testimony as both a fact and expert witness\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion w... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 3,668,111 | a |
We also find no plain error in the district court's failure to instruct the jury regarding the proper weight to be given Valentine's opinion testimony since Ramsey can show no prejudice from the admission of that testimony. | {
"signal": "see",
"identifier": "97 F.3d 565, 571",
"parenthetical": "no bar in this Circuit to \"dual testimony as both a fact and expert witness\"",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (in plain error cases appellant bears “burden of persuasion w... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no prejudice in light of overwhelming evidence of defendant's predisposition and guilt and fact that Government did not rely on challenged opinion testimony during summation",
"sentence": "See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770... | 3,668,111 | a |
In its brief, DOCS omits the sentence in the regulations immediately following the passage it quotes. That sentence indicates that "[o]ther impairments, however, such as HIV infection, are inherently substantially limiting." 29 C.F.R. Pt. 1630, App. SS 1630.2Q). This unquoted sentence undercuts DOCS's argument since it... | {
"signal": "see also",
"identifier": "527 U.S. 566, 566",
"parenthetical": "noting that some impairments may invariably cause a substantial limitation of a major life activity",
"sentence": "See also Albertson’s, 527 U.S. at 566, 119 S.Ct. 2162 (noting that some impairments may invariably cause a substantial l... | {
"signal": "cf.",
"identifier": "190 F.Supp.2d 339, 339",
"parenthetical": "noting that the general diagnosis \"received chemotherapy\" would cause an employee to divulge a disability or perceived disability",
"sentence": "See also Albertson’s, 527 U.S. at 566, 119 S.Ct. 2162 (noting that some impairments may ... | 9,109,048 | a |
In its brief, DOCS omits the sentence in the regulations immediately following the passage it quotes. That sentence indicates that "[o]ther impairments, however, such as HIV infection, are inherently substantially limiting." 29 C.F.R. Pt. 1630, App. SS 1630.2Q). This unquoted sentence undercuts DOCS's argument since it... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that some impairments may invariably cause a substantial limitation of a major life activity",
"sentence": "See also Albertson’s, 527 U.S. at 566, 119 S.Ct. 2162 (noting that some impairments may invariably cause a substantial limitation of a ... | {
"signal": "cf.",
"identifier": "190 F.Supp.2d 339, 339",
"parenthetical": "noting that the general diagnosis \"received chemotherapy\" would cause an employee to divulge a disability or perceived disability",
"sentence": "See also Albertson’s, 527 U.S. at 566, 119 S.Ct. 2162 (noting that some impairments may ... | 9,109,048 | a |
As to the events of September 9, IBP is also entitled to summary judgment. IBP's unavailing request for a second sample simply cannot be viewed as an intrusion -- let alone a substantial intrusion -- on plaintiff's privacy. | {
"signal": "cf.",
"identifier": "963 F.2d 626, 626",
"parenthetical": "firing employee who refused to consent to urinalysis and personal property searches would violate public policy exception to Pennsylvania employment-at-will doctrine if testing program would be tortious invasion of employee's privacy",
"sen... | {
"signal": "see",
"identifier": "674 F.Supp. 1451, 1451",
"parenthetical": "plaintiff could not prove that termination for refusal to submit to urinalysis was invasion of privacy",
"sentence": "See, e.g., Greco v. Halliburton Co., 674 F.Supp. at 1451 (plaintiff could not prove that termination for refusal to s... | 11,686,825 | b |
As to the events of September 9, IBP is also entitled to summary judgment. IBP's unavailing request for a second sample simply cannot be viewed as an intrusion -- let alone a substantial intrusion -- on plaintiff's privacy. | {
"signal": "cf.",
"identifier": "963 F.2d 626, 626",
"parenthetical": "firing employee who refused to consent to urinalysis and personal property searches would violate public policy exception to Pennsylvania employment-at-will doctrine if testing program would be tortious invasion of employee's privacy",
"sen... | {
"signal": "see",
"identifier": "878 P.2d 360, 366-67",
"parenthetical": "employer did not invade employee's privacy by demanding random drug test",
"sentence": "See, e.g., Greco v. Halliburton Co., 674 F.Supp. at 1451 (plaintiff could not prove that termination for refusal to submit to urinalysis was invasion... | 11,686,825 | b |
As to the events of September 9, IBP is also entitled to summary judgment. IBP's unavailing request for a second sample simply cannot be viewed as an intrusion -- let alone a substantial intrusion -- on plaintiff's privacy. | {
"signal": "see",
"identifier": "765 S.W.2d 497, 502",
"parenthetical": "where employee refused consent to drug test, employer not liable for invasion of privacy",
"sentence": "See, e.g., Greco v. Halliburton Co., 674 F.Supp. at 1451 (plaintiff could not prove that termination for refusal to submit to urinalys... | {
"signal": "cf.",
"identifier": "963 F.2d 626, 626",
"parenthetical": "firing employee who refused to consent to urinalysis and personal property searches would violate public policy exception to Pennsylvania employment-at-will doctrine if testing program would be tortious invasion of employee's privacy",
"sen... | 11,686,825 | a |
As to the events of September 9, IBP is also entitled to summary judgment. IBP's unavailing request for a second sample simply cannot be viewed as an intrusion -- let alone a substantial intrusion -- on plaintiff's privacy. | {
"signal": "see",
"identifier": "538 F.Supp. 331, 333",
"parenthetical": "employee who refused to let employer search vehicle could not sue for damages \"as a result of an act that did not occur.\"",
"sentence": "See, e.g., Greco v. Halliburton Co., 674 F.Supp. at 1451 (plaintiff could not prove that terminati... | {
"signal": "cf.",
"identifier": "963 F.2d 626, 626",
"parenthetical": "firing employee who refused to consent to urinalysis and personal property searches would violate public policy exception to Pennsylvania employment-at-will doctrine if testing program would be tortious invasion of employee's privacy",
"sen... | 11,686,825 | a |
Moreover, Sherman has failed to show a reasonable probability that but for trial counsel's alleged errors, the result of the proceeding would have been different. Juror #12's statements were not so inherently prejudicial such as to deny Sherman a fair trial because (1) the comments did not necessarily brand Sherman as ... | {
"signal": "see",
"identifier": "272 Ga. 684, 688",
"parenthetical": "Where prospective juror's comments \"neither necessarily implied Appellants' guilt of the offense under consideration, nor linked them to other criminal violations,\" the remarks were not inherently prejudicial and did not deprive the Appellan... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "juror's comment during voir dire that the defendant was a \"firebug\" was inherently prejudicial where the defendant was on trial for arson",
"sentence": "Cf. Moore v. State, 156 Ga. App. 92 (1) (274 SE2d 107) (1980) (juror’s comment during voir dire that... | 4,109,956 | a |
Moreover, the Federal Circuit has explained that the Court of Federal Claims "does not have general equity jurisdiction to grant injunctive relief." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding decision of the Court of Federal Claims that the courts jurisdiction did not extend to injunctive or declaratory relief",
"sentence": "Shemonsky v. United States, 215 F.3d 1340 (Fed.Cir.1999) (upholding decision of the Court of Federal Cla... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that \"[t]he Tucker Act does not provide a means by which the Court of Federal Claims may grant injunctive or declaratory relief where the suit does not involve a pre-award protest or the application of section 7428 of the Internal Revenue Code... | 3,999,206 | a |
Appellate courts in other jurisdictions have squarely rejected claims that the combination of investigatory, enforcement, and adjudicative functions in a single attorney disciplinary agency (or judicial disciplinary agency) violates due process principles. | {
"signal": "but see",
"identifier": "624 P.2d 1049, 1054-55",
"parenthetical": "holding that the Oklahoma Supreme Court, under due process principles, could not order the reinvestigation of an attorney disciplinary grievance but also noting that the Board of Governors of the state bar could review the matter",
... | {
"signal": "see",
"identifier": "532 P.2d 303, 306",
"parenthetical": "stating that the \"combination of judicial and investigative functions in the Commission [on Judicial Qualifications] did not violate petitioner's due process rights under eigher [sic] the federal constitution or Alaska's constitution\"",
"... | 6,927,749 | b |
Appellate courts in other jurisdictions have squarely rejected claims that the combination of investigatory, enforcement, and adjudicative functions in a single attorney disciplinary agency (or judicial disciplinary agency) violates due process principles. | {
"signal": "but see",
"identifier": "624 P.2d 1049, 1054-55",
"parenthetical": "holding that the Oklahoma Supreme Court, under due process principles, could not order the reinvestigation of an attorney disciplinary grievance but also noting that the Board of Governors of the state bar could review the matter",
... | {
"signal": "see",
"identifier": "913 P.2d 1, 4",
"parenthetical": "holding that \"[t]he fact that the members of the grievance committee and the disciplinary counsel are appointed by the supreme court is not enough by itself to establish a per se violation of due process\"",
"sentence": "See, e.g., In re Hanso... | 6,927,749 | b |
Appellate courts in other jurisdictions have squarely rejected claims that the combination of investigatory, enforcement, and adjudicative functions in a single attorney disciplinary agency (or judicial disciplinary agency) violates due process principles. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the combination of investigatory and adjudicatory functions in one judicial disciplinary agency does not violate due process",
"sentence": "See, e.g., In re Hanson, 532 P.2d 303, 306 (Alaska 1975) (stating that the “combination of judicial an... | {
"signal": "but see",
"identifier": "624 P.2d 1049, 1054-55",
"parenthetical": "holding that the Oklahoma Supreme Court, under due process principles, could not order the reinvestigation of an attorney disciplinary grievance but also noting that the Board of Governors of the state bar could review the matter",
... | 6,927,749 | a |
Appellate courts in other jurisdictions have squarely rejected claims that the combination of investigatory, enforcement, and adjudicative functions in a single attorney disciplinary agency (or judicial disciplinary agency) violates due process principles. | {
"signal": "see",
"identifier": "632 A.2d 1114, 1121",
"parenthetical": "holding that the combination of investigatory and adjudicatory functions in one judicial disciplinary agency does not violate due process",
"sentence": "See, e.g., In re Hanson, 532 P.2d 303, 306 (Alaska 1975) (stating that the “combinati... | {
"signal": "but see",
"identifier": "624 P.2d 1049, 1054-55",
"parenthetical": "holding that the Oklahoma Supreme Court, under due process principles, could not order the reinvestigation of an attorney disciplinary grievance but also noting that the Board of Governors of the state bar could review the matter",
... | 6,927,749 | a |
Appellate courts in other jurisdictions have squarely rejected claims that the combination of investigatory, enforcement, and adjudicative functions in a single attorney disciplinary agency (or judicial disciplinary agency) violates due process principles. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that Michigan's lawyer disciplinary proceedings do not violate due process, because the functions of investigation, prosecution, adjudication, and review are \"functionally separate\" and are handled by different individuals",
"sentence": "See, e.... | {
"signal": "but see",
"identifier": "624 P.2d 1049, 1054-55",
"parenthetical": "holding that the Oklahoma Supreme Court, under due process principles, could not order the reinvestigation of an attorney disciplinary grievance but also noting that the Board of Governors of the state bar could review the matter",
... | 6,927,749 | a |
Appellate courts in other jurisdictions have squarely rejected claims that the combination of investigatory, enforcement, and adjudicative functions in a single attorney disciplinary agency (or judicial disciplinary agency) violates due process principles. | {
"signal": "see",
"identifier": "232 N.W.2d 621, 623-24",
"parenthetical": "holding that Michigan's lawyer disciplinary proceedings do not violate due process, because the functions of investigation, prosecution, adjudication, and review are \"functionally separate\" and are handled by different individuals",
... | {
"signal": "but see",
"identifier": "624 P.2d 1049, 1054-55",
"parenthetical": "holding that the Oklahoma Supreme Court, under due process principles, could not order the reinvestigation of an attorney disciplinary grievance but also noting that the Board of Governors of the state bar could review the matter",
... | 6,927,749 | a |
Appellate courts in other jurisdictions have squarely rejected claims that the combination of investigatory, enforcement, and adjudicative functions in a single attorney disciplinary agency (or judicial disciplinary agency) violates due process principles. | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting claim that Montana's attorney disciplinary system violated due process principles because investigatory and enforcement authority were combined in one agency",
"sentence": "See, e.g., In re Hanson, 532 P.2d 303, 306 (Alaska 1975) (stating that t... | {
"signal": "but see",
"identifier": "624 P.2d 1049, 1054-55",
"parenthetical": "holding that the Oklahoma Supreme Court, under due process principles, could not order the reinvestigation of an attorney disciplinary grievance but also noting that the Board of Governors of the state bar could review the matter",
... | 6,927,749 | a |
Appellate courts in other jurisdictions have squarely rejected claims that the combination of investigatory, enforcement, and adjudicative functions in a single attorney disciplinary agency (or judicial disciplinary agency) violates due process principles. | {
"signal": "but see",
"identifier": "624 P.2d 1049, 1054-55",
"parenthetical": "holding that the Oklahoma Supreme Court, under due process principles, could not order the reinvestigation of an attorney disciplinary grievance but also noting that the Board of Governors of the state bar could review the matter",
... | {
"signal": "see",
"identifier": "995 P.2d 923, 928",
"parenthetical": "rejecting claim that Montana's attorney disciplinary system violated due process principles because investigatory and enforcement authority were combined in one agency",
"sentence": "See, e.g., In re Hanson, 532 P.2d 303, 306 (Alaska 1975) ... | 6,927,749 | b |
For purposes of legal analysis, it is irrelevant that the defendant did not actually possess the gun." (Citations omitted.) | {
"signal": "see also",
"identifier": "265 Conn. 35, 47-48",
"parenthetical": "under capital felony statute, General Statutes SS 53a-54b [8], accessory need not be aware of victim's age while acting with intent requisite for murder",
"sentence": "State v. Davis, supra, 792; see also State v. Higgins, 265 Conn. ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "aggravating factors under General Statutes SS 53a-46a [i] arising from manner in which capital felony was committed by principal may be imputed to defendant as accomplice pursuant to SS 53a-8",
"sentence": "State v. Davis, supra, 792; see also State v. Hi... | 6,775,696 | a |
For purposes of legal analysis, it is irrelevant that the defendant did not actually possess the gun." (Citations omitted.) | {
"signal": "see also",
"identifier": null,
"parenthetical": "under capital felony statute, General Statutes SS 53a-54b [8], accessory need not be aware of victim's age while acting with intent requisite for murder",
"sentence": "State v. Davis, supra, 792; see also State v. Higgins, 265 Conn. 35, 47-48, 826 A.... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "aggravating factors under General Statutes SS 53a-46a [i] arising from manner in which capital felony was committed by principal may be imputed to defendant as accomplice pursuant to SS 53a-8",
"sentence": "State v. Davis, supra, 792; see also State v. Hi... | 6,775,696 | a |
For purposes of legal analysis, it is irrelevant that the defendant did not actually possess the gun." (Citations omitted.) | {
"signal": "cf.",
"identifier": null,
"parenthetical": "aggravating factors under General Statutes SS 53a-46a [i] arising from manner in which capital felony was committed by principal may be imputed to defendant as accomplice pursuant to SS 53a-8",
"sentence": "State v. Davis, supra, 792; see also State v. Hi... | {
"signal": "see also",
"identifier": "9 Conn. App. 161, 168",
"parenthetical": "accessory to assault in second degree under General Statutes SS 53a-60 [a] [2] need intend only to aid in causing physical injury, not that such injury be caused by dangerous instrument or deadly weapon",
"sentence": "State v. Davi... | 6,775,696 | b |
For purposes of legal analysis, it is irrelevant that the defendant did not actually possess the gun." (Citations omitted.) | {
"signal": "cf.",
"identifier": null,
"parenthetical": "aggravating factors under General Statutes SS 53a-46a [i] arising from manner in which capital felony was committed by principal may be imputed to defendant as accomplice pursuant to SS 53a-8",
"sentence": "State v. Davis, supra, 792; see also State v. Hi... | {
"signal": "see also",
"identifier": null,
"parenthetical": "accessory to assault in second degree under General Statutes SS 53a-60 [a] [2] need intend only to aid in causing physical injury, not that such injury be caused by dangerous instrument or deadly weapon",
"sentence": "State v. Davis, supra, 792; see ... | 6,775,696 | b |
Contrary to Duenas-Gonzalez's contention, no Brady violation occurred. The government offered neither false evidence nor perjured testimony. | {
"signal": "cf.",
"identifier": "17 F.3d 1201, 1204",
"parenthetical": "holding that a new trial was warranted where there is reasonable probability that the false testimony introduced by the government influenced the outcome of the trial",
"sentence": "See United States v. Endicott, 869 F.2d 452, 455 (9th Cir... | {
"signal": "see",
"identifier": "869 F.2d 452, 455",
"parenthetical": "noting that the prosecution's inadvertent use of perjured testimony can constitute a Brady violation",
"sentence": "See United States v. Endicott, 869 F.2d 452, 455 (9th Cir.1989) (noting that the prosecution’s inadvertent use of perjured t... | 4,100,127 | b |
The district court indisputably erred in imposing a 320-month sentence. However, because Gjuraj received a concurrent 320-month sentence on the narcotics distribution charge, Gjuraj fails to show that the error affected his substantial rights or the "fairness, integrity or public reputation of judicial proceedings." | {
"signal": "see also",
"identifier": "561 F.3d 108, 111",
"parenthetical": "\"Even if the district court erroneously imposed sentences of 151 months on Counts Two, Three, and Five, Samas cannot show (as he must for plain error review",
"sentence": "Puckett, 129 S.Ct. at 1429 (internal quotation marks omitted);... | {
"signal": "see",
"identifier": "286 F.3d 622, 640",
"parenthetical": "\"[A]n erroneous sentence on one count of a multiple-count conviction does not affect substantial rights where the total term of imprisonment remains unaffected ....\"",
"sentence": "Puckett, 129 S.Ct. at 1429 (internal quotation marks omit... | 5,898,723 | b |
Notwithstanding the complications hindering its development, Dr. Noble's testimony was effective, as demonstrated by the jury's acceptance of thirty-four of the fifty-nine mitigating circumstances. Whether Dr. Noble could have been more effective if corroborated by other evidence is speculative. We must, under the law,... | {
"signal": "see also",
"identifier": "949 F.2d 1354, 1363",
"parenthetical": "\"When examining ineffective assistance claims, however, we must appreciate the practical limitations and tactical decisions that trial counsel faced.\"",
"sentence": "Strickland, 466 U.S. at 689, 104 S.Ct. 2052 (“A fair assessment o... | {
"signal": "no signal",
"identifier": "466 U.S. 689, 689",
"parenthetical": "\"A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel'... | 11,173,261 | b |
Notwithstanding the complications hindering its development, Dr. Noble's testimony was effective, as demonstrated by the jury's acceptance of thirty-four of the fifty-nine mitigating circumstances. Whether Dr. Noble could have been more effective if corroborated by other evidence is speculative. We must, under the law,... | {
"signal": "see also",
"identifier": "949 F.2d 1354, 1363",
"parenthetical": "\"When examining ineffective assistance claims, however, we must appreciate the practical limitations and tactical decisions that trial counsel faced.\"",
"sentence": "Strickland, 466 U.S. at 689, 104 S.Ct. 2052 (“A fair assessment o... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective a... | 11,173,261 | b |
As a threshold matter, the materials compiled to support the investigation and prosecution of Sorin's unlawful options backdating activities were "records or information compiled for law enforcement purposes" under Exemption 7(C). Even though Dickstein Shapiro originally created many of these documents, Exemption 7(C) ... | {
"signal": "see",
"identifier": "493 U.S. 153, 153",
"parenthetical": "\"A compilation, in its ordinary meaning, is something composed of materials collected and assembled from various sources or other documents\"",
"sentence": "See John Doe Agency, 493 U.S. at 153, 110 S.Ct. 471 (“A compilation, in its ordina... | {
"signal": "see also",
"identifier": "494 F.Supp. 325, 328",
"parenthetical": "unsolicited complaint letters directed to the Federal Trade Commission were compiled for \"law enforcement purposes\" under Exemption 7(A",
"sentence": "See John Doe Agency, 493 U.S. at 153, 110 S.Ct. 471 (“A compilation, in its ord... | 12,277,881 | a |
As a threshold matter, the materials compiled to support the investigation and prosecution of Sorin's unlawful options backdating activities were "records or information compiled for law enforcement purposes" under Exemption 7(C). Even though Dickstein Shapiro originally created many of these documents, Exemption 7(C) ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "unsolicited complaint letters directed to the Federal Trade Commission were compiled for \"law enforcement purposes\" under Exemption 7(A",
"sentence": "See John Doe Agency, 493 U.S. at 153, 110 S.Ct. 471 (“A compilation, in its ordinary meaning, is ... | {
"signal": "see",
"identifier": "493 U.S. 153, 153",
"parenthetical": "\"A compilation, in its ordinary meaning, is something composed of materials collected and assembled from various sources or other documents\"",
"sentence": "See John Doe Agency, 493 U.S. at 153, 110 S.Ct. 471 (“A compilation, in its ordina... | 12,277,881 | b |
As a threshold matter, the materials compiled to support the investigation and prosecution of Sorin's unlawful options backdating activities were "records or information compiled for law enforcement purposes" under Exemption 7(C). Even though Dickstein Shapiro originally created many of these documents, Exemption 7(C) ... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"A compilation, in its ordinary meaning, is something composed of materials collected and assembled from various sources or other documents\"",
"sentence": "See John Doe Agency, 493 U.S. at 153, 110 S.Ct. 471 (“A compilation, in its ordinary meaning, is ... | {
"signal": "see also",
"identifier": "494 F.Supp. 325, 328",
"parenthetical": "unsolicited complaint letters directed to the Federal Trade Commission were compiled for \"law enforcement purposes\" under Exemption 7(A",
"sentence": "See John Doe Agency, 493 U.S. at 153, 110 S.Ct. 471 (“A compilation, in its ord... | 12,277,881 | a |
As a threshold matter, the materials compiled to support the investigation and prosecution of Sorin's unlawful options backdating activities were "records or information compiled for law enforcement purposes" under Exemption 7(C). Even though Dickstein Shapiro originally created many of these documents, Exemption 7(C) ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "unsolicited complaint letters directed to the Federal Trade Commission were compiled for \"law enforcement purposes\" under Exemption 7(A",
"sentence": "See John Doe Agency, 493 U.S. at 153, 110 S.Ct. 471 (“A compilation, in its ordinary meaning, is ... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"A compilation, in its ordinary meaning, is something composed of materials collected and assembled from various sources or other documents\"",
"sentence": "See John Doe Agency, 493 U.S. at 153, 110 S.Ct. 471 (“A compilation, in its ordinary meaning, is ... | 12,277,881 | b |
In an attempt to shoehorn this case into that category, the dissent hints that a federal court may be without jurisdiction to approve a settlement agreement that requires the Executive to make an unappropriated expenditure. No authority is cited for that proposition and the legal signposts in this area instead point in... | {
"signal": "cf.",
"identifier": "23 Op. O.L.C. 126, 128",
"parenthetical": "'We do not believe ... that Article III bars federal courts from entering consent decrees that limit executive branch discretion whenever such decrees purport to provide broader relief than a court could have awarded pursuant to an ordin... | {
"signal": "see",
"identifier": "478 U.S. 501, 523",
"parenthetical": "\"[T]he mere existence of an unexercised power to modify the obligations contained in a consent decree does not alter the fact that those obligations were created by agreement of the parties rather than imposed by the court.\"",
"sentence":... | 12,276,948 | b |
In an attempt to shoehorn this case into that category, the dissent hints that a federal court may be without jurisdiction to approve a settlement agreement that requires the Executive to make an unappropriated expenditure. No authority is cited for that proposition and the legal signposts in this area instead point in... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he mere existence of an unexercised power to modify the obligations contained in a consent decree does not alter the fact that those obligations were created by agreement of the parties rather than imposed by the court.\"",
"sentence": "See Local No.... | {
"signal": "cf.",
"identifier": "23 Op. O.L.C. 126, 128",
"parenthetical": "'We do not believe ... that Article III bars federal courts from entering consent decrees that limit executive branch discretion whenever such decrees purport to provide broader relief than a court could have awarded pursuant to an ordin... | 12,276,948 | a |
In an attempt to shoehorn this case into that category, the dissent hints that a federal court may be without jurisdiction to approve a settlement agreement that requires the Executive to make an unappropriated expenditure. No authority is cited for that proposition and the legal signposts in this area instead point in... | {
"signal": "cf.",
"identifier": "23 Op. O.L.C. 126, 128",
"parenthetical": "'We do not believe ... that Article III bars federal courts from entering consent decrees that limit executive branch discretion whenever such decrees purport to provide broader relief than a court could have awarded pursuant to an ordin... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he mere existence of an unexercised power to modify the obligations contained in a consent decree does not alter the fact that those obligations were created by agreement of the parties rather than imposed by the court.\"",
"sentence": "See Local No.... | 12,276,948 | b |
The term "reasonably" indicates that an objective standard should apply. The term "reasonably" is not ambiguous. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "in context of professional liability insurance policy, the phrase \"might be expected to be the basis of a claim or suit\" was unambiguous and \"perfectly clear\"",
"sentence": "Phoenix Ins. Co. v. Sukut Constr. Co., 136 Cal.App.3d 673, 186 Cal.Rptr... | {
"signal": "see also",
"identifier": "959 F.Supp. 1213, 1222",
"parenthetical": "\"a reasonable person would have foreseen that the conduct alleged ... might form the basis of a claim or suit\"",
"sentence": "Phoenix Ins. Co. v. Sukut Constr. Co., 136 Cal.App.3d 673, 186 Cal.Rptr. 513, 514 (1982) (in context o... | 3,973,015 | a |
The term "reasonably" indicates that an objective standard should apply. The term "reasonably" is not ambiguous. | {
"signal": "see also",
"identifier": "959 F.Supp. 1213, 1222",
"parenthetical": "\"a reasonable person would have foreseen that the conduct alleged ... might form the basis of a claim or suit\"",
"sentence": "Phoenix Ins. Co. v. Sukut Constr. Co., 136 Cal.App.3d 673, 186 Cal.Rptr. 513, 514 (1982) (in context o... | {
"signal": "no signal",
"identifier": "186 Cal.Rptr. 513, 514",
"parenthetical": "in context of professional liability insurance policy, the phrase \"might be expected to be the basis of a claim or suit\" was unambiguous and \"perfectly clear\"",
"sentence": "Phoenix Ins. Co. v. Sukut Constr. Co., 136 Cal.App.... | 3,973,015 | b |
First, the Court notes that Congress has abrogated the states' sovereign immunity for claims arising under the Voting Rights Act. | {
"signal": "see also",
"identifier": "521 U.S. 507, 518",
"parenthetical": "noting that the Supreme Court has \"concluded that other measures protecting voting rights are within Congress' power to enforce the Fourteenth and Fifteenth Amendments, despite the burdens those measures placed on the States.\"",
"sen... | {
"signal": "see",
"identifier": "355 F.Supp.2d 510, 515",
"parenthetical": "\"it is reasonable to conclude that Congress, in passing the Voting Rights Act, effected a valid abrogation of state sovereign immunity.\"",
"sentence": "See, e.g., Mixon v. State of Ohio, 193 F.3d 389, 398-99 (6th Cir.1999); Reaves v.... | 4,231,747 | b |
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