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Flowever, MBCC's security interest was not created by Duty Free (the buyer's seller), but rather by Duty Free's transferor, Customer. Therefore, Walden cannot claim the benefit of section 9-320, and MBCC's "security interest... continues in [the car] notwithstanding sale... or other disposition thereof...." 13 Pa.C.S. ... | {
"signal": "cf.",
"identifier": "565 P.2d 26, 31",
"parenthetical": "\"Nothing in the comments to article 9 required the 'created by [buyer's] seller' limitation to be an insurmountable barrier to good faith acquisition of pre-encumbered property from a dealer who himself was instrumental in creating the encumbr... | {
"signal": "see",
"identifier": null,
"parenthetical": "purchaser of used bulldozer from dealer took subject to security interest created by original owner",
"sentence": "See Gordon v. Hamm, 63 Cal. App. 4th 1324, 74 Cal. Rptr.2d 631 (2d Dist. 1998) (purchaser of used motor home from dealer took subject to sec... | 3,706,781 | b |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see also",
"identifier": "969 F.2d 1454, 1464",
"parenthetical": "\"Consideration of personal motives is directly at odds with the Supreme Court's simple functional analysis of prosecutorial immunity.\"",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecut... | {
"signal": "see",
"identifier": "424 U.S. 409, 409",
"parenthetical": "concluding that absolute prosecutorial immunity precluded a SS 1983 claim alleging that a prosecutor had knowingly used perjured testimony and deliberately suppressed exculpatory material at trial",
"sentence": "See e.g. Imbler, 424 U.S. at... | 11,529,769 | b |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see also",
"identifier": "870 F.2d 1135, 1138",
"parenthetical": "holding prosecutor absolutely immune for deciding to pursue criminal charges despite challenge to his motivation",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecutorial immunity precluded... | {
"signal": "see",
"identifier": "424 U.S. 409, 409",
"parenthetical": "concluding that absolute prosecutorial immunity precluded a SS 1983 claim alleging that a prosecutor had knowingly used perjured testimony and deliberately suppressed exculpatory material at trial",
"sentence": "See e.g. Imbler, 424 U.S. at... | 11,529,769 | b |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see also",
"identifier": "742 F.2d 24, 30",
"parenthetical": "\"A limitation that absolute immunity from common lawsuit can only be invoked if the official acted lawfully would swallow the immunity altogether.\"",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute... | {
"signal": "see",
"identifier": "424 U.S. 409, 409",
"parenthetical": "concluding that absolute prosecutorial immunity precluded a SS 1983 claim alleging that a prosecutor had knowingly used perjured testimony and deliberately suppressed exculpatory material at trial",
"sentence": "See e.g. Imbler, 424 U.S. at... | 11,529,769 | b |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding that absolute prosecutorial immunity precluded a SS 1983 claim alleging that a prosecutor had knowingly used perjured testimony and deliberately suppressed exculpatory material at trial",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. ... | {
"signal": "see also",
"identifier": "969 F.2d 1454, 1464",
"parenthetical": "\"Consideration of personal motives is directly at odds with the Supreme Court's simple functional analysis of prosecutorial immunity.\"",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecut... | 11,529,769 | a |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see also",
"identifier": "870 F.2d 1135, 1138",
"parenthetical": "holding prosecutor absolutely immune for deciding to pursue criminal charges despite challenge to his motivation",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecutorial immunity precluded... | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding that absolute prosecutorial immunity precluded a SS 1983 claim alleging that a prosecutor had knowingly used perjured testimony and deliberately suppressed exculpatory material at trial",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. ... | 11,529,769 | b |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see also",
"identifier": "742 F.2d 24, 30",
"parenthetical": "\"A limitation that absolute immunity from common lawsuit can only be invoked if the official acted lawfully would swallow the immunity altogether.\"",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute... | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding that absolute prosecutorial immunity precluded a SS 1983 claim alleging that a prosecutor had knowingly used perjured testimony and deliberately suppressed exculpatory material at trial",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. ... | 11,529,769 | b |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see also",
"identifier": "969 F.2d 1454, 1464",
"parenthetical": "\"Consideration of personal motives is directly at odds with the Supreme Court's simple functional analysis of prosecutorial immunity.\"",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecut... | {
"signal": "see",
"identifier": "500 U.S. 478, 478",
"parenthetical": "holding prosecutor had absolute immunity for claim for eliciting misleading testimony in a probable cause hearing",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecutorial immunity precluded a § 1... | 11,529,769 | b |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see",
"identifier": "500 U.S. 478, 478",
"parenthetical": "holding prosecutor had absolute immunity for claim for eliciting misleading testimony in a probable cause hearing",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecutorial immunity precluded a § 1... | {
"signal": "see also",
"identifier": "870 F.2d 1135, 1138",
"parenthetical": "holding prosecutor absolutely immune for deciding to pursue criminal charges despite challenge to his motivation",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecutorial immunity precluded... | 11,529,769 | a |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see also",
"identifier": "742 F.2d 24, 30",
"parenthetical": "\"A limitation that absolute immunity from common lawsuit can only be invoked if the official acted lawfully would swallow the immunity altogether.\"",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute... | {
"signal": "see",
"identifier": "500 U.S. 478, 478",
"parenthetical": "holding prosecutor had absolute immunity for claim for eliciting misleading testimony in a probable cause hearing",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecutorial immunity precluded a § 1... | 11,529,769 | b |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see also",
"identifier": "969 F.2d 1454, 1464",
"parenthetical": "\"Consideration of personal motives is directly at odds with the Supreme Court's simple functional analysis of prosecutorial immunity.\"",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecut... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding prosecutor had absolute immunity for claim for eliciting misleading testimony in a probable cause hearing",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecutorial immunity precluded a § 1983 claim alleg... | 11,529,769 | b |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding prosecutor had absolute immunity for claim for eliciting misleading testimony in a probable cause hearing",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecutorial immunity precluded a § 1983 claim alleg... | {
"signal": "see also",
"identifier": "870 F.2d 1135, 1138",
"parenthetical": "holding prosecutor absolutely immune for deciding to pursue criminal charges despite challenge to his motivation",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecutorial immunity precluded... | 11,529,769 | a |
Moreover, the absolute immunity the defendants enjoy for offering the composite tape into evidence is not defeated by Cig-netti's allegations that they did so maliciously or in bad-faith because they knew or should have known that the composite tape was fabricated. | {
"signal": "see also",
"identifier": "742 F.2d 24, 30",
"parenthetical": "\"A limitation that absolute immunity from common lawsuit can only be invoked if the official acted lawfully would swallow the immunity altogether.\"",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding prosecutor had absolute immunity for claim for eliciting misleading testimony in a probable cause hearing",
"sentence": "See e.g. Imbler, 424 U.S. at 409, 96 S.Ct. 984 (concluding that absolute prosecutorial immunity precluded a § 1983 claim alleg... | 11,529,769 | b |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see also",
"identifier": "466 F.3d 634, 647",
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 1... | {
"signal": "see",
"identifier": "481 U.S. 200, 206",
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of th... | 4,345,052 | b |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, ... | {
"signal": "see",
"identifier": "481 U.S. 200, 206",
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of th... | 4,345,052 | b |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, ... | {
"signal": "see",
"identifier": "481 U.S. 200, 206",
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of th... | 4,345,052 | b |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, ... | {
"signal": "see",
"identifier": "481 U.S. 200, 206",
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of th... | 4,345,052 | b |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see",
"identifier": null,
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of the law that juro... | {
"signal": "see also",
"identifier": "466 F.3d 634, 647",
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 1... | 4,345,052 | a |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, ... | {
"signal": "see",
"identifier": null,
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of the law that juro... | 4,345,052 | b |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, ... | {
"signal": "see",
"identifier": null,
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of the law that juro... | 4,345,052 | b |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, ... | {
"signal": "see",
"identifier": null,
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of the law that juro... | 4,345,052 | b |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see also",
"identifier": "466 F.3d 634, 647",
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 1... | {
"signal": "see",
"identifier": null,
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of the law that juro... | 4,345,052 | b |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, ... | {
"signal": "see",
"identifier": null,
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of the law that juro... | 4,345,052 | b |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see",
"identifier": null,
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of the law that juro... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, ... | 4,345,052 | a |
In both instances, the jury was given a curative instruction. No evidence or information has been presented to counter the presumption that jurors follow the instructions given by the court. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[W]e presume juries to be composed of prudent, intelligent individuals, and we will not speculate whether jurors disregard the court's instructions of law or their oaths.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, ... | {
"signal": "see",
"identifier": null,
"parenthetical": "there is an \"almost invariable assumption of the law that jurors follow their instructions.\"",
"sentence": "See Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) (there is an “almost invariable assumption of the law that juro... | 4,345,052 | b |
It is self-evident and legally true that Zhou's suffering, endured for the safe birth of his third child, amounts to more than harassment. Zhou's flight with his wife from their home to ensure she stayed safely hidden during her pregnancy, in defiance of China's family planning policy, clearly demonstrates past persecu... | {
"signal": "see",
"identifier": "667 F.3d 1308, 1314",
"parenthetical": "\"[W]e have consistently recognized, being forced to flee from one's home in the face of an immediate threat of severe physical violence or death is squarely encompassed within the rubric of persecution, as long as the persecutors' actions ... | {
"signal": "see also",
"identifier": "611 F.3d 1086, 1093-97",
"parenthetical": "finding that a couple's efforts to marry despite China's family planning policies, to conceive a child despite a forced abortion, and to flee from home to avoid police and family planning officers constituted \"other resistance\" an... | 4,355,989 | a |
It is self-evident and legally true that Zhou's suffering, endured for the safe birth of his third child, amounts to more than harassment. Zhou's flight with his wife from their home to ensure she stayed safely hidden during her pregnancy, in defiance of China's family planning policy, clearly demonstrates past persecu... | {
"signal": "see",
"identifier": "667 F.3d 1308, 1314",
"parenthetical": "\"[W]e have consistently recognized, being forced to flee from one's home in the face of an immediate threat of severe physical violence or death is squarely encompassed within the rubric of persecution, as long as the persecutors' actions ... | {
"signal": "see also",
"identifier": "356 F.3d 1153, 1158-60",
"parenthetical": "finding persecution as a result of a forced gynecological examination of a woman and threats of sterilization to her partner",
"sentence": "See Mendoza-Pablo v. Holder, 667 F.3d 1308, 1314 (9th Cir.2012) (“[W]e have consistently r... | 4,355,989 | a |
Construing the facts in favor of Plaintiffs, the Court finds that they have stated a plausible claim for relief in regards to whether Taylor was denied benefits at the Mason jail. First, for the reasons explained above, the Court finds that Plaintiffs have stated a plausible claim as to Taylor's denial of benefits duri... | {
"signal": "see",
"identifier": "539 F.3d 532, 532",
"parenthetical": "\"[W]e find that the ADA applies to the post-arrest detention at the jail.\"",
"sentence": "See Tucker, 539 F.3d at 532 (“[W]e find that the ADA applies to the post-arrest detention at the jail.”); see also Calloway v. Boro of Glassboro Dep... | {
"signal": "see also",
"identifier": "89 F.Supp.2d 543, 555-56",
"parenthetical": "concluding that deaf individual deprived of benefit of providing information to the police concerning commission of crimes, in witness or suspect capacity, if not provided an interpreter during station-house questioning",
"sente... | 4,130,073 | a |
. If there was no proof of any violation of the APO leading to disclosure of a trade secret to defendants, and no issue of the existence of any trade secret disclosed, there would be no issue of fact to be tried. Plaintiffs would not be entitled to a trial in order to call counsel as witnesses solely for the purpose of... | {
"signal": "see",
"identifier": null,
"parenthetical": "reversing jury verdict for plaintiff on ground that mere disbelief of only witness on subject, absent other proof, could not support judgment",
"sentence": "See United States v. Eisen, 974 F.2d 246, 262 n. 6 (2d Cir.1992), cert. denied, — U.S. —, 113 S.Ct... | {
"signal": "see also",
"identifier": null,
"parenthetical": "where there is other independent support in the evidence, a jury may draw a negative inference from disbelief of a witness",
"sentence": "See also Dyer v. MacDougall, 201 F.2d 265 (2d Cir.1952) (where there is other independent support in the evidenc... | 7,846,607 | a |
As discussed above, the plaintiffs have failed to indicate any risk concealed by E & Y's allegedly fraudulent audit opinions that then materialized to cause their losses. Furthermore, the first corrective disclosure bearing upon allegations of fraudulent accounting entered the market on July 18, 2002, when the Washingt... | {
"signal": "see",
"identifier": "381 F.Supp.2d 211, 211",
"parenthetical": "establishing that the class's duty to inquire was triggered by the publication of the Washington Post articles",
"sentence": "See In re AOL Time Warner I, 381 F.Supp.2d at 211 (establishing that the class’s duty to inquire was triggere... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that plaintiffs may not argue that they lacked knowledge of a fraud in order to \"withstand the statute of limitations\" yet argue that the fraud was disclosed for purposes of loss causation prior to the date that they allege they were put on inquir... | 5,702,798 | a |
It is well established that "a preliminary injunction is customarily granted on the basis of procedures that are less formal and evidence that is less complete than in a trial on the merits." In keeping with this principle, many of our sister Circuits have recognized that "[a]ffidavits and other hearsay materials are o... | {
"signal": "cf.",
"identifier": "348 F.3d 1182, 1188",
"parenthetical": "\"The Federal Rules of Evidence do not apply to preliminary injunction hearings.\"",
"sentence": "Asseo v. Pan Am. Grain Co., 805 F.2d 23, 26 (1st Cir.1986); see also Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167, 1171 (7th Cir.1997) (... | {
"signal": "see also",
"identifier": "51 F.3d 982, 985",
"parenthetical": "\"At the preliminary injunction stage, a district court may rely on affidavits and hearsay materials which would not be admissible evidence for a permanent injunction....\"",
"sentence": "Asseo v. Pan Am. Grain Co., 805 F.2d 23, 26 (1st... | 9,247,262 | b |
It is well established that "a preliminary injunction is customarily granted on the basis of procedures that are less formal and evidence that is less complete than in a trial on the merits." In keeping with this principle, many of our sister Circuits have recognized that "[a]ffidavits and other hearsay materials are o... | {
"signal": "cf.",
"identifier": "348 F.3d 1182, 1188",
"parenthetical": "\"The Federal Rules of Evidence do not apply to preliminary injunction hearings.\"",
"sentence": "Asseo v. Pan Am. Grain Co., 805 F.2d 23, 26 (1st Cir.1986); see also Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167, 1171 (7th Cir.1997) (... | {
"signal": "see also",
"identifier": "992 F.2d 545, 551",
"parenthetical": "courts at preliminary injunction stage \"may rely on otherwise inadmissible evidence, including hearsay\"",
"sentence": "Asseo v. Pan Am. Grain Co., 805 F.2d 23, 26 (1st Cir.1986); see also Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1... | 9,247,262 | b |
It is well established that "a preliminary injunction is customarily granted on the basis of procedures that are less formal and evidence that is less complete than in a trial on the merits." In keeping with this principle, many of our sister Circuits have recognized that "[a]ffidavits and other hearsay materials are o... | {
"signal": "see also",
"identifier": "734 F.2d 1389, 1394",
"parenthetical": "\"The urgency of obtaining a preliminary injunction ... makes it difficult to obtain affidavits from persons who would be competent to testify at trial. The trial court may even give inadmissible evidence some weight ....\"",
"senten... | {
"signal": "cf.",
"identifier": "348 F.3d 1182, 1188",
"parenthetical": "\"The Federal Rules of Evidence do not apply to preliminary injunction hearings.\"",
"sentence": "Asseo v. Pan Am. Grain Co., 805 F.2d 23, 26 (1st Cir.1986); see also Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167, 1171 (7th Cir.1997) (... | 9,247,262 | a |
Nonetheless, a disputed term is not thereby insulated from analysis in light of the nature and structure of the statute, the provisions in which the term is used, the possibility of error in the prior construction, and any other relevant considerations in the particular case. When the earlier definition arose for a dif... | {
"signal": "see",
"identifier": "508 F.3d 1047, 1047",
"parenthetical": "\"The meaning of a tariff term is a question of law, reviewable de novo by this court .... \"",
"sentence": "See Degussa, 508 F.3d at 1047 (“The meaning of a tariff term is a question of law, reviewable de novo by this court .... ”); see ... | {
"signal": "see also",
"identifier": "295 F.2d 516, 520",
"parenthetical": "\"[I]t is not unusual for the same word to have different connotations in the same act and surely no canon of statutory construction forecloses courts from attributing to the word the meaning which the legislature intended that it should... | 3,654,655 | a |
Rule 702 of the Rhode Island Rules of Evidence provides that expert testimony is permissible "[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, o... | {
"signal": "see also",
"identifier": "939 A.2d 1016, 1019, 1022",
"parenthetical": "expert testimony required to establish standard of care owed to plaintiff patient by the staff at facility for the disabled",
"sentence": "Mills, 824 A.2d at 468 (holding expert testimony necessary to establish the “existence o... | {
"signal": "no signal",
"identifier": "824 A.2d 468, 468",
"parenthetical": "holding expert testimony necessary to establish the \"existence of a causal relationship between a particular toxin and its effect on the human body\"",
"sentence": "Mills, 824 A.2d at 468 (holding expert testimony necessary to establ... | 7,293,351 | b |
Rule 702 of the Rhode Island Rules of Evidence provides that expert testimony is permissible "[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, o... | {
"signal": "no signal",
"identifier": "824 A.2d 468, 468",
"parenthetical": "holding expert testimony necessary to establish the \"existence of a causal relationship between a particular toxin and its effect on the human body\"",
"sentence": "Mills, 824 A.2d at 468 (holding expert testimony necessary to establ... | {
"signal": "see also",
"identifier": "694 A.2d 686, 690-91",
"parenthetical": "requiring expert testimony to establish standard of care owed to patient in wrongful death action against doctor and nurse",
"sentence": "Mills, 824 A.2d at 468 (holding expert testimony necessary to establish the “existence of a ca... | 7,293,351 | a |
In order for plaintiff to prevail under the "dog-bite" statute, she need not prove scienter; that is, that Rossi knew of the dog's dangerous propensities. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that one who brings action under a \"dog-bite\" statute is not required to establish dog's past conduct or owners knowledge thereof",
"sentence": "See DeRobertis, 94 N.J. at 151, 462 A.2d 1260 (holding that under the dog-bite statute, “even o... | {
"signal": "see",
"identifier": "94 N.J. 151, 151",
"parenthetical": "holding that under the dog-bite statute, \"even owners without scienter\" become liable upon satisfaction of the statutory elements",
"sentence": "See DeRobertis, 94 N.J. at 151, 462 A.2d 1260 (holding that under the dog-bite statute, “even ... | 1,658,331 | b |
In order for plaintiff to prevail under the "dog-bite" statute, she need not prove scienter; that is, that Rossi knew of the dog's dangerous propensities. | {
"signal": "see also",
"identifier": "237 N.W.2d 468, 472",
"parenthetical": "holding that one who brings action under a \"dog-bite\" statute is not required to establish dog's past conduct or owners knowledge thereof",
"sentence": "See DeRobertis, 94 N.J. at 151, 462 A.2d 1260 (holding that under the dog-bite... | {
"signal": "see",
"identifier": "94 N.J. 151, 151",
"parenthetical": "holding that under the dog-bite statute, \"even owners without scienter\" become liable upon satisfaction of the statutory elements",
"sentence": "See DeRobertis, 94 N.J. at 151, 462 A.2d 1260 (holding that under the dog-bite statute, “even ... | 1,658,331 | b |
In order for plaintiff to prevail under the "dog-bite" statute, she need not prove scienter; that is, that Rossi knew of the dog's dangerous propensities. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that one who brings action under a \"dog-bite\" statute is not required to establish dog's past conduct or owners knowledge thereof",
"sentence": "See DeRobertis, 94 N.J. at 151, 462 A.2d 1260 (holding that under the dog-bite statute, “even o... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that under the dog-bite statute, \"even owners without scienter\" become liable upon satisfaction of the statutory elements",
"sentence": "See DeRobertis, 94 N.J. at 151, 462 A.2d 1260 (holding that under the dog-bite statute, “even owners without... | 1,658,331 | b |
In order for plaintiff to prevail under the "dog-bite" statute, she need not prove scienter; that is, that Rossi knew of the dog's dangerous propensities. | {
"signal": "see also",
"identifier": "237 N.W.2d 468, 472",
"parenthetical": "holding that one who brings action under a \"dog-bite\" statute is not required to establish dog's past conduct or owners knowledge thereof",
"sentence": "See DeRobertis, 94 N.J. at 151, 462 A.2d 1260 (holding that under the dog-bite... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that under the dog-bite statute, \"even owners without scienter\" become liable upon satisfaction of the statutory elements",
"sentence": "See DeRobertis, 94 N.J. at 151, 462 A.2d 1260 (holding that under the dog-bite statute, “even owners without... | 1,658,331 | b |
(1) (a) When a state court utilizes a legal test contrary to that endorsed by the Supreme Court, may we affirm the denial of federal habeas relief if the ultimate decision of the state court (but not its reasoning) is consistent with precedent of the Supreme Court? | {
"signal": "cf.",
"identifier": "529 U.S. 362, 406",
"parenthetical": "\"A state-court decision will also be contrary to this Court's clearly established precedent if the state court ... arrives at a result different from our precedent.\"",
"sentence": "See Cooper-Smith v. Palmateer, 397 F.3d 1236 (9th Cir.200... | {
"signal": "see",
"identifier": null,
"parenthetical": "affirming denial of federal ha-beas relief where de novo review of an ineffective assistance of counsel claim showed that the conduct did not rise to the level of a constitutional violation",
"sentence": "See Cooper-Smith v. Palmateer, 397 F.3d 1236 (9th ... | 5,197,746 | b |
(1) (a) When a state court utilizes a legal test contrary to that endorsed by the Supreme Court, may we affirm the denial of federal habeas relief if the ultimate decision of the state court (but not its reasoning) is consistent with precedent of the Supreme Court? | {
"signal": "see",
"identifier": null,
"parenthetical": "affirming denial of federal ha-beas relief where de novo review of an ineffective assistance of counsel claim showed that the conduct did not rise to the level of a constitutional violation",
"sentence": "See Cooper-Smith v. Palmateer, 397 F.3d 1236 (9th ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"A state-court decision will also be contrary to this Court's clearly established precedent if the state court ... arrives at a result different from our precedent.\"",
"sentence": "See Cooper-Smith v. Palmateer, 397 F.3d 1236 (9th Cir.2005) (affirming d... | 5,197,746 | a |
(1) (a) When a state court utilizes a legal test contrary to that endorsed by the Supreme Court, may we affirm the denial of federal habeas relief if the ultimate decision of the state court (but not its reasoning) is consistent with precedent of the Supreme Court? | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"A state-court decision will also be contrary to this Court's clearly established precedent if the state court ... arrives at a result different from our precedent.\"",
"sentence": "See Cooper-Smith v. Palmateer, 397 F.3d 1236 (9th Cir.2005) (affirming d... | {
"signal": "see",
"identifier": null,
"parenthetical": "affirming denial of federal ha-beas relief where de novo review of an ineffective assistance of counsel claim showed that the conduct did not rise to the level of a constitutional violation",
"sentence": "See Cooper-Smith v. Palmateer, 397 F.3d 1236 (9th ... | 5,197,746 | b |
Bankruptcy Code section 501 specifically permits creditors to file proofs of claim. "[T]he filing of a Proof of Claim before a bankruptcy court ... is the logical equivalent of a request for relief from the automatic stay, which cannot in itself constitute a violation of the stay...." Other courts considering the issue... | {
"signal": "see also",
"identifier": "234 B.R. 528, 534",
"parenthetical": "\"The contention that the exercise of a mandated statutory right under the Bankruptcy Code [such as the filing of a nondischargeability complaint] is a violation of the automatic stay is almost as absurd as a contention that any creditor... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"For obvious reasons ... courts have recognized that SS 362(a",
"sentence": "See e.g. U.S. v. Inslaw, Inc., 932 F.2d 1467 (D.C.Cir.1991) (“For obvious reasons ... courts have recognized that § 362(a) cannot stay actions specifically authorized elsewhere ... | 4,061,307 | b |
Bankruptcy Code section 501 specifically permits creditors to file proofs of claim. "[T]he filing of a Proof of Claim before a bankruptcy court ... is the logical equivalent of a request for relief from the automatic stay, which cannot in itself constitute a violation of the stay...." Other courts considering the issue... | {
"signal": "see also",
"identifier": "234 B.R. 528, 534",
"parenthetical": "\"The contention that the exercise of a mandated statutory right under the Bankruptcy Code [such as the filing of a nondischargeability complaint] is a violation of the automatic stay is almost as absurd as a contention that any creditor... | {
"signal": "see",
"identifier": "219 B.R. 176, 190",
"parenthetical": "\"The automatic stay is not applicable to assertion of a claim in a proof of claim filed in a Bankruptcy Court\"",
"sentence": "See e.g. U.S. v. Inslaw, Inc., 932 F.2d 1467 (D.C.Cir.1991) (“For obvious reasons ... courts have recognized tha... | 4,061,307 | b |
Bankruptcy Code section 501 specifically permits creditors to file proofs of claim. "[T]he filing of a Proof of Claim before a bankruptcy court ... is the logical equivalent of a request for relief from the automatic stay, which cannot in itself constitute a violation of the stay...." Other courts considering the issue... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The automatic stay is not applicable to assertion of a claim in a proof of claim filed in a Bankruptcy Court\"",
"sentence": "See e.g. U.S. v. Inslaw, Inc., 932 F.2d 1467 (D.C.Cir.1991) (“For obvious reasons ... courts have recognized that § 362(a) cann... | {
"signal": "see also",
"identifier": "234 B.R. 528, 534",
"parenthetical": "\"The contention that the exercise of a mandated statutory right under the Bankruptcy Code [such as the filing of a nondischargeability complaint] is a violation of the automatic stay is almost as absurd as a contention that any creditor... | 4,061,307 | a |
The imposition of joint and several liability is appropriate because of Suman and Rahman's close relationship as husband and wife, and their actions in concert with one another. | {
"signal": "see also",
"identifier": "409 F.Supp.2d 346, 346",
"parenthetical": "ordering joint and several liability where defendant \"was to share equally in the proceeds of the fraudulent scheme he enabled\"",
"sentence": "See S.E.C. v. Hughes Capital Corp., 124 F.3d 449, 455 (3d Cir.1997) (citing First Jer... | {
"signal": "see",
"identifier": "101 F.3d 1475, 1475",
"parenthetical": "ordering joint and several liability where defendant was \"intimately involved\" in the fraud",
"sentence": "See S.E.C. v. Hughes Capital Corp., 124 F.3d 449, 455 (3d Cir.1997) (citing First Jersey, 101 F.3d at 1475 (ordering joint and se... | 3,605,882 | b |
In light of our holding that Breeland's sawed-off shotgun met the definition of firearm in 26 U.S.C. SS 5845(a)(2), the Government's proof that Breeland possessed an unregistered firearm was overwhelming. Consequently, we hold that the Government's statements, even if improper, were harmless. | {
"signal": "see",
"identifier": "461 U.S. 499, 511-12",
"parenthetical": "holding that prosecutorial misconduct was harmless in the face of overwhelming evidence of guilt",
"sentence": "See United States v. Hasting, 461 U.S. 499, 511-12, 103 S.Ct. 1974, 1982, 76 L.Ed.2d 96 (1983) (holding that prosecutorial mi... | {
"signal": "see also",
"identifier": "43 F.3d 117, 124",
"parenthetical": "\"To warrant reversal of a conviction, prosecutorial misconduct must be so pronounced and persistent that it casts serious doubts upon the correctness of the jury's verdict.\"",
"sentence": "See United States v. Hasting, 461 U.S. 499, 5... | 572,922 | a |
In light of our holding that Breeland's sawed-off shotgun met the definition of firearm in 26 U.S.C. SS 5845(a)(2), the Government's proof that Breeland possessed an unregistered firearm was overwhelming. Consequently, we hold that the Government's statements, even if improper, were harmless. | {
"signal": "see also",
"identifier": "43 F.3d 117, 124",
"parenthetical": "\"To warrant reversal of a conviction, prosecutorial misconduct must be so pronounced and persistent that it casts serious doubts upon the correctness of the jury's verdict.\"",
"sentence": "See United States v. Hasting, 461 U.S. 499, 5... | {
"signal": "see",
"identifier": "103 S.Ct. 1974, 1982",
"parenthetical": "holding that prosecutorial misconduct was harmless in the face of overwhelming evidence of guilt",
"sentence": "See United States v. Hasting, 461 U.S. 499, 511-12, 103 S.Ct. 1974, 1982, 76 L.Ed.2d 96 (1983) (holding that prosecutorial mi... | 572,922 | b |
In light of our holding that Breeland's sawed-off shotgun met the definition of firearm in 26 U.S.C. SS 5845(a)(2), the Government's proof that Breeland possessed an unregistered firearm was overwhelming. Consequently, we hold that the Government's statements, even if improper, were harmless. | {
"signal": "see also",
"identifier": "43 F.3d 117, 124",
"parenthetical": "\"To warrant reversal of a conviction, prosecutorial misconduct must be so pronounced and persistent that it casts serious doubts upon the correctness of the jury's verdict.\"",
"sentence": "See United States v. Hasting, 461 U.S. 499, 5... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that prosecutorial misconduct was harmless in the face of overwhelming evidence of guilt",
"sentence": "See United States v. Hasting, 461 U.S. 499, 511-12, 103 S.Ct. 1974, 1982, 76 L.Ed.2d 96 (1983) (holding that prosecutorial misconduct was harml... | 572,922 | b |
Because the petitioner did not even submit the dockets from the underlying Housing Court actions, the single justice did not know (apart from the petitioner's bare allegation) whether the petitioner had, in fact, filed a notice of appeal in those actions. Moreover, the petitioner does not allege, and the dockets do not... | {
"signal": "see",
"identifier": null,
"parenthetical": "indicating that clerk's failure to process the petitioner's appeal would have been correctable with appropriate motion in trial court",
"sentence": "See Jordan v. Superior Court, 426 Mass. 1019 (1998) (indicating that clerk’s failure to process the petiti... | {
"signal": "no signal",
"identifier": "425 Mass. 1021, 1022",
"parenthetical": "discussing petitioner's burden of demonstrating absence or inadequacy of other remedies",
"sentence": "Matthews v. D’Arcy, 425 Mass. 1021, 1022 (1997), and cases cited (discussing petitioner’s burden of demonstrating absence or ina... | 285,296 | b |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see",
"identifier": "290 S.C. 492, 492",
"parenthetical": "holding automobile exception applied to shotgun seized from trunk of vehicle parked at defendant's home",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehicle... | {
"signal": "see also",
"identifier": null,
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehicle parked at ... | 452,275 | a |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see",
"identifier": "290 S.C. 492, 492",
"parenthetical": "holding automobile exception applied to shotgun seized from trunk of vehicle parked at defendant's home",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehicle... | {
"signal": "see also",
"identifier": "308 A.2d 734, 739-40",
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of ... | 452,275 | a |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehicle parked at ... | {
"signal": "see",
"identifier": "351 S.E.2d 572, 572",
"parenthetical": "holding automobile exception applied to shotgun seized from trunk of vehicle parked at defendant's home",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehic... | 452,275 | b |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see",
"identifier": "351 S.E.2d 572, 572",
"parenthetical": "holding automobile exception applied to shotgun seized from trunk of vehicle parked at defendant's home",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehic... | {
"signal": "see also",
"identifier": "308 A.2d 734, 739-40",
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of ... | 452,275 | a |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehicle parked at ... | {
"signal": "see",
"identifier": "271 S.C. 498, 501",
"parenthetical": "finding probable cause existed to conduct warrantless search of vehicle based on Carroll doctrine where police stopped vehicle after receiving information from confidential informant that defendant was driving vehicle containing marijuana",
... | 452,275 | b |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see",
"identifier": "271 S.C. 498, 501",
"parenthetical": "finding probable cause existed to conduct warrantless search of vehicle based on Carroll doctrine where police stopped vehicle after receiving information from confidential informant that defendant was driving vehicle containing marijuana",
... | {
"signal": "see also",
"identifier": "308 A.2d 734, 739-40",
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of ... | 452,275 | a |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see",
"identifier": "248 S.E.2d 475, 477",
"parenthetical": "finding probable cause existed to conduct warrantless search of vehicle based on Carroll doctrine where police stopped vehicle after receiving information from confidential informant that defendant was driving vehicle containing marijuana",... | {
"signal": "see also",
"identifier": null,
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehicle parked at ... | 452,275 | a |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see also",
"identifier": "308 A.2d 734, 739-40",
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of ... | {
"signal": "see",
"identifier": "248 S.E.2d 475, 477",
"parenthetical": "finding probable cause existed to conduct warrantless search of vehicle based on Carroll doctrine where police stopped vehicle after receiving information from confidential informant that defendant was driving vehicle containing marijuana",... | 452,275 | b |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehicle parked at ... | {
"signal": "see",
"identifier": "268 S.C. 214, 218",
"parenthetical": "holding probable cause and exigent circumstances justified warrantless search of automobile where officers received information from an informant that defendants would be traveling in a vehicle containing illegal drugs and due to the lateness... | 452,275 | b |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see also",
"identifier": "308 A.2d 734, 739-40",
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of ... | {
"signal": "see",
"identifier": "268 S.C. 214, 218",
"parenthetical": "holding probable cause and exigent circumstances justified warrantless search of automobile where officers received information from an informant that defendants would be traveling in a vehicle containing illegal drugs and due to the lateness... | 452,275 | b |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see",
"identifier": "232 S.E.2d 889, 891",
"parenthetical": "holding probable cause and exigent circumstances justified warrantless search of automobile where officers received information from an informant that defendants would be traveling in a vehicle containing illegal drugs and due to the latene... | {
"signal": "see also",
"identifier": null,
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehicle parked at ... | 452,275 | a |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see also",
"identifier": "308 A.2d 734, 739-40",
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of ... | {
"signal": "see",
"identifier": "232 S.E.2d 889, 891",
"parenthetical": "holding probable cause and exigent circumstances justified warrantless search of automobile where officers received information from an informant that defendants would be traveling in a vehicle containing illegal drugs and due to the latene... | 452,275 | b |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see",
"identifier": "262 S.C. 526, 531-33",
"parenthetical": "concluding warrantless search of automobile was proper where officer had strong reasons to believe that the automobile was being used in criminal activity and that it very probably contained stolen goods",
"sentence": "See Cox, 290 S.C. ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehicle parked at ... | 452,275 | a |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see also",
"identifier": "308 A.2d 734, 739-40",
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of ... | {
"signal": "see",
"identifier": "262 S.C. 526, 531-33",
"parenthetical": "concluding warrantless search of automobile was proper where officer had strong reasons to believe that the automobile was being used in criminal activity and that it very probably contained stolen goods",
"sentence": "See Cox, 290 S.C. ... | 452,275 | b |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of vehicle parked at ... | {
"signal": "see",
"identifier": "205 S.E.2d 827, 830",
"parenthetical": "concluding warrantless search of automobile was proper where officer had strong reasons to believe that the automobile was being used in criminal activity and that it very probably contained stolen goods",
"sentence": "See Cox, 290 S.C. a... | 452,275 | b |
Upon further investigation, the officers found a bag of "wash clothes" near the Jeep that smelled of bleach and the inside of the Jeep was wet with bleach. Thus, based on probable cause that the automobile contained evidence of a crime, and the necessity to preserve the potential blood evidence, the warrantless search ... | {
"signal": "see also",
"identifier": "308 A.2d 734, 739-40",
"parenthetical": "outlining cases holding exigency existed for the search of a vehicle and then removal to police garage",
"sentence": "See Cox, 290 S.C. at 492, 351 S.E.2d at 572 (holding automobile exception applied to shotgun seized from trunk of ... | {
"signal": "see",
"identifier": "205 S.E.2d 827, 830",
"parenthetical": "concluding warrantless search of automobile was proper where officer had strong reasons to believe that the automobile was being used in criminal activity and that it very probably contained stolen goods",
"sentence": "See Cox, 290 S.C. a... | 452,275 | b |
However, the concerns animating these cases -- namely, the need to deter warrant-less property searches -- do not apply with equal force to the facts of this case. Not only were Lieutenant Paul and his fellow officers lawfully on the premises pursuant to a valid search warrant -- thus reducing any significant concern t... | {
"signal": "see",
"identifier": "986 F.2d 1354, 1357",
"parenthetical": "\"[E]ven assuming that the [pat-down search of the defendant was conducted] prior to [the discovery of] the cocaine [on his companion], [the defendant] could ... have been searched seconds later, once the cocaine provided probable cause to ... | {
"signal": "see also",
"identifier": "70 F.3d 1158, 1166-67",
"parenthetical": "applying inevitable discovery exception because, although the defendant had been \"prematurely arrested,\" the police had reasonable suspicion to stop the defendant's vehicle and would have noticed the suspicious burlap bags \"during... | 3,251,225 | a |
However, the concerns animating these cases -- namely, the need to deter warrant-less property searches -- do not apply with equal force to the facts of this case. Not only were Lieutenant Paul and his fellow officers lawfully on the premises pursuant to a valid search warrant -- thus reducing any significant concern t... | {
"signal": "see also",
"identifier": "70 F.3d 1158, 1166-67",
"parenthetical": "applying inevitable discovery exception because, although the defendant had been \"prematurely arrested,\" the police had reasonable suspicion to stop the defendant's vehicle and would have noticed the suspicious burlap bags \"during... | {
"signal": "see",
"identifier": "692 F.2d 699, 704",
"parenthetical": "recognizing, without inquiring whether the officers would necessarily have arrested the defendant, that the \"discovery of the marijuana in the van provided probable cause to arrest [the defendant], and upon arrest the officers unquestionably... | 3,251,225 | b |
Second, the issue must have been "actually and necessarily determined by a court of competent jurisdiction" in the first trial. Third, preclusion in the second trial must not work an unfairness. Preclusion is sometimes unfair if the party to be bound lacked an incentive to litigate in the first trial, especially in com... | {
"signal": "see also",
"identifier": "439 U.S. 330, 330",
"parenthetical": "heightened concern for potential unfairness from preclusion against defendant in second action brought by plaintiff not a party to the first suit",
"sentence": "See Blonder-Tongue Laboratories, 402 U.S. at 333, 91 S.Ct. at 1445 (in con... | {
"signal": "see",
"identifier": "402 U.S. 333, 333",
"parenthetical": "in connection with preclusion against plaintiff in second action who lost as plaintiff in first action against a different defendant",
"sentence": "See Blonder-Tongue Laboratories, 402 U.S. at 333, 91 S.Ct. at 1445 (in connection with precl... | 3,642,903 | b |
Second, the issue must have been "actually and necessarily determined by a court of competent jurisdiction" in the first trial. Third, preclusion in the second trial must not work an unfairness. Preclusion is sometimes unfair if the party to be bound lacked an incentive to litigate in the first trial, especially in com... | {
"signal": "see",
"identifier": "402 U.S. 333, 333",
"parenthetical": "in connection with preclusion against plaintiff in second action who lost as plaintiff in first action against a different defendant",
"sentence": "See Blonder-Tongue Laboratories, 402 U.S. at 333, 91 S.Ct. at 1445 (in connection with precl... | {
"signal": "see also",
"identifier": "99 S.Ct. 651, 651",
"parenthetical": "heightened concern for potential unfairness from preclusion against defendant in second action brought by plaintiff not a party to the first suit",
"sentence": "See Blonder-Tongue Laboratories, 402 U.S. at 333, 91 S.Ct. at 1445 (in con... | 3,642,903 | a |
Second, the issue must have been "actually and necessarily determined by a court of competent jurisdiction" in the first trial. Third, preclusion in the second trial must not work an unfairness. Preclusion is sometimes unfair if the party to be bound lacked an incentive to litigate in the first trial, especially in com... | {
"signal": "see",
"identifier": "91 S.Ct. 1445, 1445",
"parenthetical": "in connection with preclusion against plaintiff in second action who lost as plaintiff in first action against a different defendant",
"sentence": "See Blonder-Tongue Laboratories, 402 U.S. at 333, 91 S.Ct. at 1445 (in connection with pre... | {
"signal": "see also",
"identifier": "439 U.S. 330, 330",
"parenthetical": "heightened concern for potential unfairness from preclusion against defendant in second action brought by plaintiff not a party to the first suit",
"sentence": "See Blonder-Tongue Laboratories, 402 U.S. at 333, 91 S.Ct. at 1445 (in con... | 3,642,903 | a |
Second, the issue must have been "actually and necessarily determined by a court of competent jurisdiction" in the first trial. Third, preclusion in the second trial must not work an unfairness. Preclusion is sometimes unfair if the party to be bound lacked an incentive to litigate in the first trial, especially in com... | {
"signal": "see also",
"identifier": "99 S.Ct. 651, 651",
"parenthetical": "heightened concern for potential unfairness from preclusion against defendant in second action brought by plaintiff not a party to the first suit",
"sentence": "See Blonder-Tongue Laboratories, 402 U.S. at 333, 91 S.Ct. at 1445 (in con... | {
"signal": "see",
"identifier": "91 S.Ct. 1445, 1445",
"parenthetical": "in connection with preclusion against plaintiff in second action who lost as plaintiff in first action against a different defendant",
"sentence": "See Blonder-Tongue Laboratories, 402 U.S. at 333, 91 S.Ct. at 1445 (in connection with pre... | 3,642,903 | b |
There is, however, one exception to this rule. Under Crim. P. 85(a), a challenge to what was formerly known as an "HMlegal" sentence, now termed a sentence "not authorized by law," may be raised "at any time." | {
"signal": "see also",
"identifier": "169 Colo. 262, 264",
"parenthetical": "there is \"no requirement\" that a Crim. P. 85(a) challenge \"be raised on writ of error from the convietion or be thereafter waived\"",
"sentence": "See People v. Wenzinger, 155 P.3d 415, 418 (Colo.App.2006) (discussing the past and ... | {
"signal": "see",
"identifier": "155 P.3d 415, 418",
"parenthetical": "discussing the past and present terminology in Crim. P. 85(a",
"sentence": "See People v. Wenzinger, 155 P.3d 415, 418 (Colo.App.2006) (discussing the past and present terminology in Crim. P. 85(a)); see also People v. Bradley, 169 Colo. 26... | 6,990,598 | b |
There is, however, one exception to this rule. Under Crim. P. 85(a), a challenge to what was formerly known as an "HMlegal" sentence, now termed a sentence "not authorized by law," may be raised "at any time." | {
"signal": "see",
"identifier": "155 P.3d 415, 418",
"parenthetical": "discussing the past and present terminology in Crim. P. 85(a",
"sentence": "See People v. Wenzinger, 155 P.3d 415, 418 (Colo.App.2006) (discussing the past and present terminology in Crim. P. 85(a)); see also People v. Bradley, 169 Colo. 26... | {
"signal": "see also",
"identifier": "455 P.2d 199, 200",
"parenthetical": "there is \"no requirement\" that a Crim. P. 85(a) challenge \"be raised on writ of error from the convietion or be thereafter waived\"",
"sentence": "See People v. Wenzinger, 155 P.3d 415, 418 (Colo.App.2006) (discussing the past and p... | 6,990,598 | a |
Whether the vehicle's engine was running when the trooper initiated his seizure of the defendant is a matter of critical importance to the defendant's motion to suppress, for "operation]" of a motor vehicle, G. | {
"signal": "see",
"identifier": "263 Mass. 22, 24",
"parenthetical": "\"[a] person operates a motor vehicle within the meaning of G. L. c. 90, SS 24, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive po... | {
"signal": "see also",
"identifier": "400 Mass. 181, 184",
"parenthetical": "starting engine of vehicle, or making use of power provided by engine, constitutes \"operation\" of motor vehicle for purposes of G. L. c. 90, SS 24",
"sentence": "See also Commonwealth v. Ginnetti, 400 Mass. 181, 184 (1987) (starting... | 286,822 | a |
Plaintiffs' concerns about the conclusions these experts' experience led them to, and the believability of those conclusions, go to the weight of the testimony and can be appropriately addressed through cross-examination. | {
"signal": "see also",
"identifier": "924 F.Supp.2d 74, 96",
"parenthetical": "\"If the District has an issue with how Mr. Day classified certain late releases, it may address this on cross-examination.\"",
"sentence": "See U.S. v. H & R Block, Inc., 831 F.Supp.2d 27, 34 (D.D.C.2011) (noting that “technical de... | {
"signal": "see",
"identifier": "831 F.Supp.2d 27, 34",
"parenthetical": "noting that \"technical deficiencies that can be adequately explored on cross-examination generally go to the weight, rather than the admissibility, of the evidence, unless the methodological deficiencies are so sweeping or fundamental as ... | 3,935,969 | b |
Plaintiffs' concerns about the conclusions these experts' experience led them to, and the believability of those conclusions, go to the weight of the testimony and can be appropriately addressed through cross-examination. | {
"signal": "see",
"identifier": "831 F.Supp.2d 27, 34",
"parenthetical": "noting that \"technical deficiencies that can be adequately explored on cross-examination generally go to the weight, rather than the admissibility, of the evidence, unless the methodological deficiencies are so sweeping or fundamental as ... | {
"signal": "see also",
"identifier": "815 F.Supp.2d 6, 10",
"parenthetical": "\"Whether or not [expert's testimony] is based on 'unreasonable assumptions' will be determined at trial after full cross-examination.\"",
"sentence": "See U.S. v. H & R Block, Inc., 831 F.Supp.2d 27, 34 (D.D.C.2011) (noting that “te... | 3,935,969 | a |
Plaintiffs' concerns about the conclusions these experts' experience led them to, and the believability of those conclusions, go to the weight of the testimony and can be appropriately addressed through cross-examination. | {
"signal": "see also",
"identifier": "525 F.Supp.2d 70, 76",
"parenthetical": "\"It is for the jury,- not the Court, to determine whether [expert's] opinions are suspect be cause the facts upon which he relied were shown to be inaccurate or unproven\"",
"sentence": "See U.S. v. H & R Block, Inc., 831 F.Supp.2d... | {
"signal": "see",
"identifier": "831 F.Supp.2d 27, 34",
"parenthetical": "noting that \"technical deficiencies that can be adequately explored on cross-examination generally go to the weight, rather than the admissibility, of the evidence, unless the methodological deficiencies are so sweeping or fundamental as ... | 3,935,969 | b |
As appellee points out, Wilson was a case in which the defendant appealed after the trial court denied his motion to suppress, and did not involve a State's appeal. | {
"signal": "no signal",
"identifier": "692 S.W.2d 668, 668",
"parenthetical": "noting at the time Wilson was decided that the State did not have the right to appeal the granting of a motion to suppress",
"sentence": "Wilson, 692 S.W.2d at 668 (noting at the time Wilson was decided that the State did not have t... | {
"signal": "cf.",
"identifier": "692 S.W.2d 668, 668",
"parenthetical": "recognizing though not relying upon the line of cases which hold the government may raise the issue of standing for the first time on appeal regardless of whether the motion to suppress was granted or denied",
"sentence": "Cf. Wilson, 692... | 10,008,032 | a |
As appellee points out, Wilson was a case in which the defendant appealed after the trial court denied his motion to suppress, and did not involve a State's appeal. | {
"signal": "no signal",
"identifier": "692 S.W.2d 668, 668",
"parenthetical": "noting at the time Wilson was decided that the State did not have the right to appeal the granting of a motion to suppress",
"sentence": "Wilson, 692 S.W.2d at 668 (noting at the time Wilson was decided that the State did not have t... | {
"signal": "see also",
"identifier": "960 F.2d 158, 162-63",
"parenthetical": "declaring the personal nature of Fourth Amendment rights obligates the party asserting them to prove his rights were violated and may allow appellate consideration of questions of law, such as standing, which were neither pressed nor ... | 10,008,032 | a |
As appellee points out, Wilson was a case in which the defendant appealed after the trial court denied his motion to suppress, and did not involve a State's appeal. | {
"signal": "no signal",
"identifier": "692 S.W.2d 668, 668",
"parenthetical": "noting at the time Wilson was decided that the State did not have the right to appeal the granting of a motion to suppress",
"sentence": "Wilson, 692 S.W.2d at 668 (noting at the time Wilson was decided that the State did not have t... | {
"signal": "see also",
"identifier": "737 F.2d 761, 764",
"parenthetical": "finding government lost right to challenge standing issue by making inconsistent arguments at the suppression hearing and on appeal",
"sentence": "Cf. Wilson, 692 S.W.2d at 668 (recognizing though not relying upon the line of cases whi... | 10,008,032 | a |
As appellee points out, Wilson was a case in which the defendant appealed after the trial court denied his motion to suppress, and did not involve a State's appeal. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that standing is no longer considered a separate and distinct issue from a Fourth Amendment claim and that the issue might not be waived by the government for failure to assert it before the trial court",
"sentence": "Cf. Wilson, 692 S.W.2d at... | {
"signal": "no signal",
"identifier": "692 S.W.2d 668, 668",
"parenthetical": "noting at the time Wilson was decided that the State did not have the right to appeal the granting of a motion to suppress",
"sentence": "Wilson, 692 S.W.2d at 668 (noting at the time Wilson was decided that the State did not have t... | 10,008,032 | b |
As appellee points out, Wilson was a case in which the defendant appealed after the trial court denied his motion to suppress, and did not involve a State's appeal. | {
"signal": "no signal",
"identifier": "692 S.W.2d 668, 668",
"parenthetical": "noting at the time Wilson was decided that the State did not have the right to appeal the granting of a motion to suppress",
"sentence": "Wilson, 692 S.W.2d at 668 (noting at the time Wilson was decided that the State did not have t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "allowing government to challenge standing issue for first time on appeal after defendant's motion to suppress was granted",
"sentence": "Cf. Wilson, 692 S.W.2d at 668 (recognizing though not relying upon the line of cases which hold the government ma... | 10,008,032 | a |
The bankruptcy court also correctly held that Olson is not entitled to be compensated from the estate to prosecute the state court appeal or to handle the dischargeability litigation. The clear weight of authority supports the proposition that reasonable compensation under SS 330(a)(1) for actual, necessary services me... | {
"signal": "see",
"identifier": "82 B.R. 929, 931-32",
"parenthetical": "all decisions interpreting SS 330 of Bankruptcy Code carry over near-unanimous view that, as a matter of law, attorneys may recover from the estate only if their labors actually benefit the estate",
"sentence": "See, e.g., Matter of Ryan,... | {
"signal": "see also",
"identifier": null,
"parenthetical": "fees related to defending against objections to discharge not payable from estate",
"sentence": "See, e.g., Matter of Ryan, 82 B.R. 929, 931-32 (N.D.Ill.1987) (all decisions interpreting § 330 of Bankruptcy Code carry over near-unanimous view that, a... | 6,469,861 | a |
The bankruptcy court also correctly held that Olson is not entitled to be compensated from the estate to prosecute the state court appeal or to handle the dischargeability litigation. The clear weight of authority supports the proposition that reasonable compensation under SS 330(a)(1) for actual, necessary services me... | {
"signal": "but see",
"identifier": "80 B.R. 1, 2",
"parenthetical": "debtor's attorney entitled to compensation under SS 330 for defense of dischargeability complaint",
"sentence": "See, e.g., Matter of Ryan, 82 B.R. 929, 931-32 (N.D.Ill.1987) (all decisions interpreting § 330 of Bankruptcy Code carry over ne... | {
"signal": "see",
"identifier": "82 B.R. 929, 931-32",
"parenthetical": "all decisions interpreting SS 330 of Bankruptcy Code carry over near-unanimous view that, as a matter of law, attorneys may recover from the estate only if their labors actually benefit the estate",
"sentence": "See, e.g., Matter of Ryan,... | 6,469,861 | b |
The bankruptcy court also correctly held that Olson is not entitled to be compensated from the estate to prosecute the state court appeal or to handle the dischargeability litigation. The clear weight of authority supports the proposition that reasonable compensation under SS 330(a)(1) for actual, necessary services me... | {
"signal": "but see",
"identifier": "80 B.R. 1, 2",
"parenthetical": "debtor's attorney entitled to compensation under SS 330 for defense of dischargeability complaint",
"sentence": "See, e.g., Matter of Ryan, 82 B.R. 929, 931-32 (N.D.Ill.1987) (all decisions interpreting § 330 of Bankruptcy Code carry over ne... | {
"signal": "see also",
"identifier": null,
"parenthetical": "fees related to defending against objections to discharge not payable from estate",
"sentence": "See, e.g., Matter of Ryan, 82 B.R. 929, 931-32 (N.D.Ill.1987) (all decisions interpreting § 330 of Bankruptcy Code carry over near-unanimous view that, a... | 6,469,861 | b |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process canno... | {
"signal": "see",
"identifier": "554 F.Supp. 86, 86",
"parenthetical": "where innocent person is arrested on valid warrant naming him, action for malicious prosecution is only remedy available under New York law",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of mal... | 4,065,769 | a |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "cf.",
"identifier": "605 F.2d 1248, 1248",
"parenthetical": "defendant's liability based on knowledge of lack of probable cause",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process cannot be bypassed by pleading pr... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process canno... | 4,065,769 | b |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "cf.",
"identifier": "421 N.Y.2d 747, 747",
"parenthetical": "action for malicious prosecution available to test error of arresting officer",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process cannot be bypassed by ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process canno... | 4,065,769 | b |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "no signal",
"identifier": "396 N.Y.S.2d 866, 867-68",
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or ... | {
"signal": "see",
"identifier": "554 F.Supp. 86, 86",
"parenthetical": "where innocent person is arrested on valid warrant naming him, action for malicious prosecution is only remedy available under New York law",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of mal... | 4,065,769 | a |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "cf.",
"identifier": "605 F.2d 1248, 1248",
"parenthetical": "defendant's liability based on knowledge of lack of probable cause",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process cannot be bypassed by pleading pr... | {
"signal": "no signal",
"identifier": "396 N.Y.S.2d 866, 867-68",
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or ... | 4,065,769 | b |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "no signal",
"identifier": "396 N.Y.S.2d 866, 867-68",
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or ... | {
"signal": "cf.",
"identifier": "421 N.Y.2d 747, 747",
"parenthetical": "action for malicious prosecution available to test error of arresting officer",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process cannot be bypassed by ... | 4,065,769 | a |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "see",
"identifier": "554 F.Supp. 86, 86",
"parenthetical": "where innocent person is arrested on valid warrant naming him, action for malicious prosecution is only remedy available under New York law",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of mal... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process canno... | 4,065,769 | b |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "cf.",
"identifier": "605 F.2d 1248, 1248",
"parenthetical": "defendant's liability based on knowledge of lack of probable cause",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process cannot be bypassed by pleading pr... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process canno... | 4,065,769 | b |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "cf.",
"identifier": "421 N.Y.2d 747, 747",
"parenthetical": "action for malicious prosecution available to test error of arresting officer",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process cannot be bypassed by ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process canno... | 4,065,769 | b |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process canno... | {
"signal": "see",
"identifier": "554 F.Supp. 86, 86",
"parenthetical": "where innocent person is arrested on valid warrant naming him, action for malicious prosecution is only remedy available under New York law",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of mal... | 4,065,769 | a |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "cf.",
"identifier": "605 F.2d 1248, 1248",
"parenthetical": "defendant's liability based on knowledge of lack of probable cause",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process cannot be bypassed by pleading pr... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process canno... | 4,065,769 | b |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process canno... | {
"signal": "cf.",
"identifier": "421 N.Y.2d 747, 747",
"parenthetical": "action for malicious prosecution available to test error of arresting officer",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process cannot be bypassed by ... | 4,065,769 | a |
The gravamen of plaintiff's claim is that the agents instituted and continued a criminal prosecution against him, an innocent person. However, neither New York nor the common law imposes liability upon even a private person for mere negligence in instituting or continuing a criminal prosecution for a crime which has ac... | {
"signal": "see",
"identifier": "554 F.Supp. 86, 86",
"parenthetical": "where innocent person is arrested on valid warrant naming him, action for malicious prosecution is only remedy available under New York law",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of mal... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "requirements of malicious prosecution or abuse of process cannot be bypassed by pleading prima facie tort",
"sentence": "Howell v. Davis, 58 A.D.2d 852, 396 N.Y.S.2d 866, 867-68 (1977) (requirements of malicious prosecution or abuse of process canno... | 4,065,769 | b |
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