context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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The decisional law as far back as 1860 has focused on the prerequisite of compulsion: "[The right] exempts no one from the consequences of a crime which he may have committed, but only from the necessity of himself producing the evidence to establish it." Stated concisely, our cases establish that there is a right not ... | {
"signal": "cf.",
"identifier": "262 Ind. 420, 428",
"parenthetical": "\"The Fifth Amendment is not a bar to any conviction resting on self-incrimination. It prohibits only compelled self-incrimination.\"",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to cou... | {
"signal": "see also",
"identifier": "467 N.E.2d 409, 415",
"parenthetical": "defendant who spoke freely to court-appointed psychiatrists was not denied his rights under Section 14 or the Fifth Amendment",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to cour... | 11,830,118 | b |
The decisional law as far back as 1860 has focused on the prerequisite of compulsion: "[The right] exempts no one from the consequences of a crime which he may have committed, but only from the necessity of himself producing the evidence to establish it." Stated concisely, our cases establish that there is a right not ... | {
"signal": "cf.",
"identifier": "317 N.E.2d 433, 438",
"parenthetical": "\"The Fifth Amendment is not a bar to any conviction resting on self-incrimination. It prohibits only compelled self-incrimination.\"",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to c... | {
"signal": "see also",
"identifier": "467 N.E.2d 409, 415",
"parenthetical": "defendant who spoke freely to court-appointed psychiatrists was not denied his rights under Section 14 or the Fifth Amendment",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to cour... | 11,830,118 | b |
The decisional law as far back as 1860 has focused on the prerequisite of compulsion: "[The right] exempts no one from the consequences of a crime which he may have committed, but only from the necessity of himself producing the evidence to establish it." Stated concisely, our cases establish that there is a right not ... | {
"signal": "cf.",
"identifier": "262 Ind. 420, 428",
"parenthetical": "\"The Fifth Amendment is not a bar to any conviction resting on self-incrimination. It prohibits only compelled self-incrimination.\"",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to cou... | {
"signal": "see also",
"identifier": "204 Ind. 281, 293",
"parenthetical": "\"The essence of the privilege is freedom from testimonial compulsion.\"",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to court-appointed psychiatrists was not denied his rights und... | 11,830,118 | b |
The decisional law as far back as 1860 has focused on the prerequisite of compulsion: "[The right] exempts no one from the consequences of a crime which he may have committed, but only from the necessity of himself producing the evidence to establish it." Stated concisely, our cases establish that there is a right not ... | {
"signal": "see also",
"identifier": "204 Ind. 281, 293",
"parenthetical": "\"The essence of the privilege is freedom from testimonial compulsion.\"",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to court-appointed psychiatrists was not denied his rights und... | {
"signal": "cf.",
"identifier": "317 N.E.2d 433, 438",
"parenthetical": "\"The Fifth Amendment is not a bar to any conviction resting on self-incrimination. It prohibits only compelled self-incrimination.\"",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to c... | 11,830,118 | a |
The decisional law as far back as 1860 has focused on the prerequisite of compulsion: "[The right] exempts no one from the consequences of a crime which he may have committed, but only from the necessity of himself producing the evidence to establish it." Stated concisely, our cases establish that there is a right not ... | {
"signal": "see also",
"identifier": "182 N.E. 865, 869",
"parenthetical": "\"The essence of the privilege is freedom from testimonial compulsion.\"",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to court-appointed psychiatrists was not denied his rights und... | {
"signal": "cf.",
"identifier": "262 Ind. 420, 428",
"parenthetical": "\"The Fifth Amendment is not a bar to any conviction resting on self-incrimination. It prohibits only compelled self-incrimination.\"",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to cou... | 11,830,118 | a |
The decisional law as far back as 1860 has focused on the prerequisite of compulsion: "[The right] exempts no one from the consequences of a crime which he may have committed, but only from the necessity of himself producing the evidence to establish it." Stated concisely, our cases establish that there is a right not ... | {
"signal": "cf.",
"identifier": "317 N.E.2d 433, 438",
"parenthetical": "\"The Fifth Amendment is not a bar to any conviction resting on self-incrimination. It prohibits only compelled self-incrimination.\"",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to c... | {
"signal": "see also",
"identifier": "182 N.E. 865, 869",
"parenthetical": "\"The essence of the privilege is freedom from testimonial compulsion.\"",
"sentence": "See also Corder v. State, 467 N.E.2d 409, 415 (Ind.1984) (defendant who spoke freely to court-appointed psychiatrists was not denied his rights und... | 11,830,118 | b |
180 We further find Appellant was not denied the right to counsel, nor was he denied the right to be present during a "critical stage" of the proceedings. | {
"signal": "see also",
"identifier": "464 U.S. 114, 118",
"parenthetical": "where the Court found an unrecorded ex parte communication between trial judge and juror could be harmless error, stating: \"There is scarcely a lengthy trial in which one or more jurors do not have occasion to speak to the trial judge a... | {
"signal": "see",
"identifier": "2000 OK CR 4, ¶ 15",
"parenthetical": "finding no error in a defendant's absence during in camera hearing with spectator who had spoken with a juror",
"sentence": "See Stemple v. State, 2000 OK CR 4, ¶ 15, 994 P.2d 61, 66 (finding no error in a defendant's absence during in cam... | 9,494,051 | b |
180 We further find Appellant was not denied the right to counsel, nor was he denied the right to be present during a "critical stage" of the proceedings. | {
"signal": "see",
"identifier": "2000 OK CR 4, ¶ 15",
"parenthetical": "finding no error in a defendant's absence during in camera hearing with spectator who had spoken with a juror",
"sentence": "See Stemple v. State, 2000 OK CR 4, ¶ 15, 994 P.2d 61, 66 (finding no error in a defendant's absence during in cam... | {
"signal": "see also",
"identifier": "104 S.Ct. 453, 455-56",
"parenthetical": "where the Court found an unrecorded ex parte communication between trial judge and juror could be harmless error, stating: \"There is scarcely a lengthy trial in which one or more jurors do not have occasion to speak to the trial jud... | 9,494,051 | a |
180 We further find Appellant was not denied the right to counsel, nor was he denied the right to be present during a "critical stage" of the proceedings. | {
"signal": "see",
"identifier": "2000 OK CR 4, ¶ 15",
"parenthetical": "finding no error in a defendant's absence during in camera hearing with spectator who had spoken with a juror",
"sentence": "See Stemple v. State, 2000 OK CR 4, ¶ 15, 994 P.2d 61, 66 (finding no error in a defendant's absence during in cam... | {
"signal": "see also",
"identifier": null,
"parenthetical": "where the Court found an unrecorded ex parte communication between trial judge and juror could be harmless error, stating: \"There is scarcely a lengthy trial in which one or more jurors do not have occasion to speak to the trial judge about something,... | 9,494,051 | a |
180 We further find Appellant was not denied the right to counsel, nor was he denied the right to be present during a "critical stage" of the proceedings. | {
"signal": "see",
"identifier": "994 P.2d 61, 66",
"parenthetical": "finding no error in a defendant's absence during in camera hearing with spectator who had spoken with a juror",
"sentence": "See Stemple v. State, 2000 OK CR 4, ¶ 15, 994 P.2d 61, 66 (finding no error in a defendant's absence during in camera... | {
"signal": "see also",
"identifier": "464 U.S. 114, 118",
"parenthetical": "where the Court found an unrecorded ex parte communication between trial judge and juror could be harmless error, stating: \"There is scarcely a lengthy trial in which one or more jurors do not have occasion to speak to the trial judge a... | 9,494,051 | a |
180 We further find Appellant was not denied the right to counsel, nor was he denied the right to be present during a "critical stage" of the proceedings. | {
"signal": "see also",
"identifier": "104 S.Ct. 453, 455-56",
"parenthetical": "where the Court found an unrecorded ex parte communication between trial judge and juror could be harmless error, stating: \"There is scarcely a lengthy trial in which one or more jurors do not have occasion to speak to the trial jud... | {
"signal": "see",
"identifier": "994 P.2d 61, 66",
"parenthetical": "finding no error in a defendant's absence during in camera hearing with spectator who had spoken with a juror",
"sentence": "See Stemple v. State, 2000 OK CR 4, ¶ 15, 994 P.2d 61, 66 (finding no error in a defendant's absence during in camera... | 9,494,051 | b |
180 We further find Appellant was not denied the right to counsel, nor was he denied the right to be present during a "critical stage" of the proceedings. | {
"signal": "see",
"identifier": "994 P.2d 61, 66",
"parenthetical": "finding no error in a defendant's absence during in camera hearing with spectator who had spoken with a juror",
"sentence": "See Stemple v. State, 2000 OK CR 4, ¶ 15, 994 P.2d 61, 66 (finding no error in a defendant's absence during in camera... | {
"signal": "see also",
"identifier": null,
"parenthetical": "where the Court found an unrecorded ex parte communication between trial judge and juror could be harmless error, stating: \"There is scarcely a lengthy trial in which one or more jurors do not have occasion to speak to the trial judge about something,... | 9,494,051 | a |
Because the allowable unit of prosecution is the property taken, the State would not be able to prosecute Byrd again for the theft of the same items, alleging Wal-Mart as the owner. Any subsequent charge involving the same property would constitute the same offense. | {
"signal": "see",
"identifier": "46 S.W.3d 258, 258",
"parenthetical": "\"Appellant is in no danger of being prosecuted again for theft of the same cart proved at trial.\"",
"sentence": "See Cavazos, 203 S.W.3d at 337; Gollihar, 46 S.W.3d at 258 (“Appellant is in no danger of being prosecuted again for theft o... | {
"signal": "see also",
"identifier": null,
"parenthetical": "entire record may be reviewed to determine whether double jeopardy prevents subsequent prosecution",
"sentence": "See Cavazos, 203 S.W.3d at 337; Gollihar, 46 S.W.3d at 258 (“Appellant is in no danger of being prosecuted again for theft of the same c... | 7,321,630 | a |
Because the allowable unit of prosecution is the property taken, the State would not be able to prosecute Byrd again for the theft of the same items, alleging Wal-Mart as the owner. Any subsequent charge involving the same property would constitute the same offense. | {
"signal": "see also",
"identifier": null,
"parenthetical": "entire record may be reviewed to determine whether double jeopardy prevents subsequent prosecution",
"sentence": "See Cavazos, 203 S.W.3d at 337; Gollihar, 46 S.W.3d at 258 (“Appellant is in no danger of being prosecuted again for theft of the same c... | {
"signal": "see",
"identifier": "46 S.W.3d 258, 258",
"parenthetical": "\"Appellant is in no danger of being prosecuted again for theft of the same cart proved at trial.\"",
"sentence": "See Cavazos, 203 S.W.3d at 337; Gollihar, 46 S.W.3d at 258 (“Appellant is in no danger of being prosecuted again for theft o... | 7,321,630 | b |
Because the allowable unit of prosecution is the property taken, the State would not be able to prosecute Byrd again for the theft of the same items, alleging Wal-Mart as the owner. Any subsequent charge involving the same property would constitute the same offense. | {
"signal": "see also",
"identifier": null,
"parenthetical": "entire record may be reviewed to determine whether double jeopardy prevents subsequent prosecution",
"sentence": "See Cavazos, 203 S.W.3d at 337; Gollihar, 46 S.W.3d at 258 (“Appellant is in no danger of being prosecuted again for theft of the same c... | {
"signal": "see",
"identifier": "46 S.W.3d 258, 258",
"parenthetical": "\"Appellant is in no danger of being prosecuted again for theft of the same cart proved at trial.\"",
"sentence": "See Cavazos, 203 S.W.3d at 337; Gollihar, 46 S.W.3d at 258 (“Appellant is in no danger of being prosecuted again for theft o... | 7,321,630 | b |
Because the allowable unit of prosecution is the property taken, the State would not be able to prosecute Byrd again for the theft of the same items, alleging Wal-Mart as the owner. Any subsequent charge involving the same property would constitute the same offense. | {
"signal": "see also",
"identifier": null,
"parenthetical": "entire record may be reviewed to determine whether double jeopardy prevents subsequent prosecution",
"sentence": "See Cavazos, 203 S.W.3d at 337; Gollihar, 46 S.W.3d at 258 (“Appellant is in no danger of being prosecuted again for theft of the same c... | {
"signal": "see",
"identifier": "46 S.W.3d 258, 258",
"parenthetical": "\"Appellant is in no danger of being prosecuted again for theft of the same cart proved at trial.\"",
"sentence": "See Cavazos, 203 S.W.3d at 337; Gollihar, 46 S.W.3d at 258 (“Appellant is in no danger of being prosecuted again for theft o... | 7,321,630 | b |
The record, however, does not support this claim. The bare representation of counsel as to Tirrell's fear of Walpole does not make out coercion different in kind or degree from the inevitable decision-making pressures described above. | {
"signal": "no signal",
"identifier": "371 Mass. 160, 170-171",
"parenthetical": "even if suffering from amnesia as to commission of crime, defendant was competent to plead guilty if he was able to consult with attorney and weigh options",
"sentence": "Compare Commonwealth v. Hubbard, 371 Mass. 160, 170-171 (1... | {
"signal": "see",
"identifier": "584 F.2d 687, 690",
"parenthetical": "coercion established if fear of greater penalty destroyed defendant's ability to weigh relative advantages of trial and plea",
"sentence": "See Jones v. Estelle, 584 F.2d 687, 690 (5th Cir. 1978) (coercion established if fear of greater pen... | 339,619 | a |
The record, however, does not support this claim. The bare representation of counsel as to Tirrell's fear of Walpole does not make out coercion different in kind or degree from the inevitable decision-making pressures described above. | {
"signal": "no signal",
"identifier": "371 Mass. 160, 170-171",
"parenthetical": "even if suffering from amnesia as to commission of crime, defendant was competent to plead guilty if he was able to consult with attorney and weigh options",
"sentence": "Compare Commonwealth v. Hubbard, 371 Mass. 160, 170-171 (1... | {
"signal": "cf.",
"identifier": "431 U.S. 63, 74",
"parenthetical": "defendant's declaration in open court carries strong presumption of verity and court may dismiss subsequent unsupported conclusory allegations of coercion",
"sentence": "Cf. Blackledge v. Allison, 431 U.S. 63, 74 (1977) (defendant’s declarati... | 339,619 | a |
The record, however, does not support this claim. The bare representation of counsel as to Tirrell's fear of Walpole does not make out coercion different in kind or degree from the inevitable decision-making pressures described above. | {
"signal": "no signal",
"identifier": "367 Mass. 689, 696",
"parenthetical": "without supporting evidence of defendant's low mental ability, court upheld trial judge's finding of sufficient capacity to understand consequences of guilty plea",
"sentence": "Compare Commonwealth v. Hubbard, 371 Mass. 160, 170-171... | {
"signal": "see",
"identifier": "584 F.2d 687, 690",
"parenthetical": "coercion established if fear of greater penalty destroyed defendant's ability to weigh relative advantages of trial and plea",
"sentence": "See Jones v. Estelle, 584 F.2d 687, 690 (5th Cir. 1978) (coercion established if fear of greater pen... | 339,619 | a |
The record, however, does not support this claim. The bare representation of counsel as to Tirrell's fear of Walpole does not make out coercion different in kind or degree from the inevitable decision-making pressures described above. | {
"signal": "no signal",
"identifier": "367 Mass. 689, 696",
"parenthetical": "without supporting evidence of defendant's low mental ability, court upheld trial judge's finding of sufficient capacity to understand consequences of guilty plea",
"sentence": "Compare Commonwealth v. Hubbard, 371 Mass. 160, 170-171... | {
"signal": "cf.",
"identifier": "431 U.S. 63, 74",
"parenthetical": "defendant's declaration in open court carries strong presumption of verity and court may dismiss subsequent unsupported conclusory allegations of coercion",
"sentence": "Cf. Blackledge v. Allison, 431 U.S. 63, 74 (1977) (defendant’s declarati... | 339,619 | a |
The record, however, does not support this claim. The bare representation of counsel as to Tirrell's fear of Walpole does not make out coercion different in kind or degree from the inevitable decision-making pressures described above. | {
"signal": "cf.",
"identifier": "431 U.S. 63, 74",
"parenthetical": "defendant's declaration in open court carries strong presumption of verity and court may dismiss subsequent unsupported conclusory allegations of coercion",
"sentence": "Cf. Blackledge v. Allison, 431 U.S. 63, 74 (1977) (defendant’s declarati... | {
"signal": "see",
"identifier": "584 F.2d 687, 690",
"parenthetical": "coercion established if fear of greater penalty destroyed defendant's ability to weigh relative advantages of trial and plea",
"sentence": "See Jones v. Estelle, 584 F.2d 687, 690 (5th Cir. 1978) (coercion established if fear of greater pen... | 339,619 | b |
The court, however, notes that this policy statement is totally devoid of any limitations, restrictions, or remarks regarding the right of employee welfare benefit plans governed by ERISA to seek subrogation or reimbursement. Moreover, it must be recognized that the Eighth Circuit Court of Appeals and other federal cou... | {
"signal": "see also",
"identifier": "248 F.3d 220, 220",
"parenthetical": "holding that self-insured health benefit plan was entitled to reimbursement from the uninsured motorist benefits plaintiff insured received",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 140 (8th Cir.1997) (holding that... | {
"signal": "see",
"identifier": "120 F.3d 138, 140",
"parenthetical": "holding that ERISA medical benefits plan's subro-gation provision gave plan \"first priority\" claim to any recovery",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 140 (8th Cir.1997) (holding that ERISA medical benefits plan... | 9,497,798 | b |
The court, however, notes that this policy statement is totally devoid of any limitations, restrictions, or remarks regarding the right of employee welfare benefit plans governed by ERISA to seek subrogation or reimbursement. Moreover, it must be recognized that the Eighth Circuit Court of Appeals and other federal cou... | {
"signal": "see also",
"identifier": "94 F.3d 1010, 1012",
"parenthetical": "holding that money received by plan participant pursuant to an uninsured motorist policy was within scope of plan's subrogation provisions",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 140 (8th Cir.1997) (holding that... | {
"signal": "see",
"identifier": "120 F.3d 138, 140",
"parenthetical": "holding that ERISA medical benefits plan's subro-gation provision gave plan \"first priority\" claim to any recovery",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 140 (8th Cir.1997) (holding that ERISA medical benefits plan... | 9,497,798 | b |
The court, however, notes that this policy statement is totally devoid of any limitations, restrictions, or remarks regarding the right of employee welfare benefit plans governed by ERISA to seek subrogation or reimbursement. Moreover, it must be recognized that the Eighth Circuit Court of Appeals and other federal cou... | {
"signal": "see",
"identifier": "120 F.3d 138, 140",
"parenthetical": "holding that ERISA medical benefits plan's subro-gation provision gave plan \"first priority\" claim to any recovery",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 140 (8th Cir.1997) (holding that ERISA medical benefits plan... | {
"signal": "see also",
"identifier": "993 F.2d 1293, 1299",
"parenthetical": "holding that ERISA employee benefits plan was subrogated to all claims by covered individual against third party for all payments made by the plan",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 140 (8th Cir.1997) (hol... | 9,497,798 | a |
The court, however, notes that this policy statement is totally devoid of any limitations, restrictions, or remarks regarding the right of employee welfare benefit plans governed by ERISA to seek subrogation or reimbursement. Moreover, it must be recognized that the Eighth Circuit Court of Appeals and other federal cou... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that plan administrator abused its discretion when it interpreted plan as giving it the right to subrogation with respect to all claims and not just those claims for medical expenses",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 1... | {
"signal": "see also",
"identifier": "248 F.3d 220, 220",
"parenthetical": "holding that self-insured health benefit plan was entitled to reimbursement from the uninsured motorist benefits plaintiff insured received",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 140 (8th Cir.1997) (holding that... | 9,497,798 | a |
The court, however, notes that this policy statement is totally devoid of any limitations, restrictions, or remarks regarding the right of employee welfare benefit plans governed by ERISA to seek subrogation or reimbursement. Moreover, it must be recognized that the Eighth Circuit Court of Appeals and other federal cou... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that plan administrator abused its discretion when it interpreted plan as giving it the right to subrogation with respect to all claims and not just those claims for medical expenses",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 1... | {
"signal": "see also",
"identifier": "94 F.3d 1010, 1012",
"parenthetical": "holding that money received by plan participant pursuant to an uninsured motorist policy was within scope of plan's subrogation provisions",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 140 (8th Cir.1997) (holding that... | 9,497,798 | a |
The court, however, notes that this policy statement is totally devoid of any limitations, restrictions, or remarks regarding the right of employee welfare benefit plans governed by ERISA to seek subrogation or reimbursement. Moreover, it must be recognized that the Eighth Circuit Court of Appeals and other federal cou... | {
"signal": "see also",
"identifier": "993 F.2d 1293, 1299",
"parenthetical": "holding that ERISA employee benefits plan was subrogated to all claims by covered individual against third party for all payments made by the plan",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 140 (8th Cir.1997) (hol... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that plan administrator abused its discretion when it interpreted plan as giving it the right to subrogation with respect to all claims and not just those claims for medical expenses",
"sentence": "See Waller v. Hormel Foods Corp., 120 F.3d 138, 1... | 9,497,798 | b |
With respect to defendants' transfer motion, 28 U.S.C. SS 1404(a) allows a district court, for the convenience of parties and witnesses and in the interest of justice, to transfer a case to a court where the case might have been brought. The Supreme Court instructs that the existence of a forum selection clause is only... | {
"signal": "but see",
"identifier": "708 F.Supp. 255, 256-57",
"parenthetical": "denying transfer motion where court found that forum selection clause did not \"weigh heavily enough to tip the scales away from plaintiffs choice of forum\"",
"sentence": "The Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10, 92 S.... | {
"signal": "no signal",
"identifier": "407 U.S. 1, 10",
"parenthetical": "forum selection clauses \"are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be unreasonable\"",
"sentence": "The Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10, 92 S.Ct. 1907, 1913, 32 L.E... | 7,384,457 | b |
With respect to defendants' transfer motion, 28 U.S.C. SS 1404(a) allows a district court, for the convenience of parties and witnesses and in the interest of justice, to transfer a case to a court where the case might have been brought. The Supreme Court instructs that the existence of a forum selection clause is only... | {
"signal": "but see",
"identifier": "708 F.Supp. 255, 256-57",
"parenthetical": "denying transfer motion where court found that forum selection clause did not \"weigh heavily enough to tip the scales away from plaintiffs choice of forum\"",
"sentence": "The Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10, 92 S.... | {
"signal": "no signal",
"identifier": "92 S.Ct. 1907, 1913",
"parenthetical": "forum selection clauses \"are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be unreasonable\"",
"sentence": "The Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10, 92 S.Ct. 1907, 1913, 3... | 7,384,457 | b |
With respect to defendants' transfer motion, 28 U.S.C. SS 1404(a) allows a district court, for the convenience of parties and witnesses and in the interest of justice, to transfer a case to a court where the case might have been brought. The Supreme Court instructs that the existence of a forum selection clause is only... | {
"signal": "but see",
"identifier": "708 F.Supp. 255, 256-57",
"parenthetical": "denying transfer motion where court found that forum selection clause did not \"weigh heavily enough to tip the scales away from plaintiffs choice of forum\"",
"sentence": "The Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10, 92 S.... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "forum selection clauses \"are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be unreasonable\"",
"sentence": "The Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10, 92 S.Ct. 1907, 1913, 32 L.Ed.2d 513 (19... | 7,384,457 | b |
(Footnotes omitted.) Frank S. Alexander, Georgia Real Estate Finance and Foreclosure Law, p. 37, SS 2:3 (2014-2015 ed.). | {
"signal": "see also",
"identifier": "217 Ga. 616, 619-620",
"parenthetical": "the individual indebtedness of one of the grantors is not the debt of both of the grantors and does not fall within the open-end clause of the security deed",
"sentence": "See also Hill v. Perkins, 218 Ga. 354 (127 SE2d 909) (1962);... | {
"signal": "cf.",
"identifier": "167 Ga. App. 861, 863",
"parenthetical": "subsequent debts were deemed secured where it was clear that the grantors included either the singular or the plural grantors and that it was uncontradicted that all the parties to the deed intended that the debts of one borrower would be... | 4,040,403 | a |
As noted earlier, the defendant argues that the plaintiff did not engage in protected conduct by threatening to file a grievance, but agrees that "[a]n inmate has an undisputed First Amendment right to file grievances against prison officials on his own behalf." Nonetheless, the defendant is correct that neither the Si... | {
"signal": "but see",
"identifier": "557 F.3d 541, 555",
"parenthetical": "suggesting without further explanation or citation that \"it seems implausible that a threat to file a grievance would itself constitute a First Amendment-protected grievance\"",
"sentence": "But see Bridges v. Gilbert, 557 F.3d 541, 55... | {
"signal": "see",
"identifier": "420 F.3d 571, 579",
"parenthetical": "finding against the plaintiff who claimed his protected conduct was threatening to file a lawsuit because he had not shown that a prisoner of ordinary firmness would be deterred",
"sentence": "See Harbin-Bey v. Rutter, 420 F.3d 571, 579 (6t... | 4,191,207 | b |
As noted earlier, the defendant argues that the plaintiff did not engage in protected conduct by threatening to file a grievance, but agrees that "[a]n inmate has an undisputed First Amendment right to file grievances against prison officials on his own behalf." Nonetheless, the defendant is correct that neither the Si... | {
"signal": "but see",
"identifier": "557 F.3d 541, 555",
"parenthetical": "suggesting without further explanation or citation that \"it seems implausible that a threat to file a grievance would itself constitute a First Amendment-protected grievance\"",
"sentence": "But see Bridges v. Gilbert, 557 F.3d 541, 55... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that a prisoner did not engage in protected conduct when he threatened to file a frivolous grievance",
"sentence": "See Harbin-Bey v. Rutter, 420 F.3d 571, 579 (6th Cir.2005) (finding against the plaintiff who claimed his protected conduct was thr... | 4,191,207 | b |
As noted earlier, the defendant argues that the plaintiff did not engage in protected conduct by threatening to file a grievance, but agrees that "[a]n inmate has an undisputed First Amendment right to file grievances against prison officials on his own behalf." Nonetheless, the defendant is correct that neither the Si... | {
"signal": "but see",
"identifier": "557 F.3d 541, 555",
"parenthetical": "suggesting without further explanation or citation that \"it seems implausible that a threat to file a grievance would itself constitute a First Amendment-protected grievance\"",
"sentence": "But see Bridges v. Gilbert, 557 F.3d 541, 55... | {
"signal": "see",
"identifier": "2000 WL 1434456, at *2",
"parenthetical": "holding that a prisoner did not engage in protected conduct when he threatened to file a frivolous grievance",
"sentence": "See Harbin-Bey v. Rutter, 420 F.3d 571, 579 (6th Cir.2005) (finding against the plaintiff who claimed his prote... | 4,191,207 | b |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": "533 U.S. 289, 312-13",
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150... | {
"signal": "see also",
"identifier": "341 F.3d 590, 592-93",
"parenthetical": "noting that \"federal courts retain habeas jurisdiction to review statutory and constitutional claims\"",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisd... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": "533 U.S. 289, 312-13",
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": "533 U.S. 289, 312-13",
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": "533 U.S. 289, 312-13",
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": "533 U.S. 289, 312-13",
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001... | {
"signal": "see also",
"identifier": "341 F.3d 590, 592-93",
"parenthetical": "noting that \"federal courts retain habeas jurisdiction to review statutory and constitutional claims\"",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisd... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001... | 9,247,695 | b |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001... | 9,247,695 | b |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001... | {
"signal": "see also",
"identifier": "341 F.3d 590, 592-93",
"parenthetical": "noting that \"federal courts retain habeas jurisdiction to review statutory and constitutional claims\"",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisd... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001... | 9,247,695 | b |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | 9,247,695 | a |
This Court has jurisdiction to review a confined immigrant's application for a writ of habeas corpus. | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding jurisdiction to hear a habeas challenge to a de-portable immigrant's continued detention",
"sentence": "See also Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir.2003) (noting that “federal courts retain habeas jurisdiction to review statutor... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"habeas jurisdiction under SS 2241 was not repealed by ... [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 'IIRIRA']\"",
"sentence": "INS v. St. Cyr, 533 U.S. 289, 312-13, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001... | 9,247,695 | b |
And even though Chapman and A.E.W. each "chipped in" $20, Chapman made the money exchange for the heroin. Further, Chapman took possession of the entire purchase and "cooked" the heroin, playing an active role in the transaction. | {
"signal": "see also",
"identifier": "2007 WL 1412880, at *1",
"parenthetical": "stating that drug user's action of cooking heroin was a direct cause of another drug user's death",
"sentence": "See Meyer, 646 N.W.2d at 904 (concluding that, for purposes of section 609.195(b), “selling” includes manufacturing a... | {
"signal": "see",
"identifier": "646 N.W.2d 904, 904",
"parenthetical": "concluding that, for purposes of section 609.195(b), \"selling\" includes manufacturing a controlled substance",
"sentence": "See Meyer, 646 N.W.2d at 904 (concluding that, for purposes of section 609.195(b), “selling” includes manufactur... | 7,082,942 | b |
The Court also finds that, even assuming RUS's actions were consistent with its own regulation SS 1794.3, such an interpretation would be invalid as applied in the instant case because it would conflict with NEPA and the implementing regulations promulgated by the CEQ. The agency is not entitled to substantial deferenc... | {
"signal": "see also",
"identifier": "714 F.2d 276, 276",
"parenthetical": "\"CEQ guidelines are entitled to substantial deference in interpreting the meaning of NEPA provisions, even when CEQ regulations are in conflict with an interpretation of NEPA adopted by one of the Federal agencies.\"",
"sentence": "Se... | {
"signal": "see",
"identifier": "290 F.3d 339, 342",
"parenthetical": "\"Although federal agencies have discretion to decide whether a proposed action is significant enough to warrant preparation of an EIS, the court owes no deference to the [Federal Aviation Administration's] interpretation of NEPA or the CEQ r... | 3,836,061 | b |
Nonetheless, we have "borrowed" this part of section 2508(d) and applied it to mandatory transfers. Likewise, we construe section 2509(g) as applying to mandatory transfers under 2508(b), just as it applies to permissive transfers under 2508(d), because to do otherwise would -- as discussed above -- lead to absurd resu... | {
"signal": "see also",
"identifier": "52 V.I. 350, 365",
"parenthetical": "rejecting an interpretation of a Virgin Islands statute that \"would lead to unjust and absurd results\" because such an interpretation would be \"clearly inconsistent with the Legislature's intent\"",
"sentence": "Transp. Auth., 539 F.... | {
"signal": "no signal",
"identifier": "458 U.S. 564, 575",
"parenthetical": "\"interpretations of a statute which would produce absurd results are to be avoided if alternative interpretations consistent with the legislative purpose are available.\"",
"sentence": "Griffin v. Oceanic Contractors, Inc., 458 U.S. ... | 3,588,792 | b |
Nonetheless, we have "borrowed" this part of section 2508(d) and applied it to mandatory transfers. Likewise, we construe section 2509(g) as applying to mandatory transfers under 2508(b), just as it applies to permissive transfers under 2508(d), because to do otherwise would -- as discussed above -- lead to absurd resu... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"interpretations of a statute which would produce absurd results are to be avoided if alternative interpretations consistent with the legislative purpose are available.\"",
"sentence": "Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 575, 102 S... | {
"signal": "see also",
"identifier": "52 V.I. 350, 365",
"parenthetical": "rejecting an interpretation of a Virgin Islands statute that \"would lead to unjust and absurd results\" because such an interpretation would be \"clearly inconsistent with the Legislature's intent\"",
"sentence": "Transp. Auth., 539 F.... | 3,588,792 | a |
Nonetheless, we have "borrowed" this part of section 2508(d) and applied it to mandatory transfers. Likewise, we construe section 2509(g) as applying to mandatory transfers under 2508(b), just as it applies to permissive transfers under 2508(d), because to do otherwise would -- as discussed above -- lead to absurd resu... | {
"signal": "see also",
"identifier": "52 V.I. 350, 365",
"parenthetical": "rejecting an interpretation of a Virgin Islands statute that \"would lead to unjust and absurd results\" because such an interpretation would be \"clearly inconsistent with the Legislature's intent\"",
"sentence": "Transp. Auth., 539 F.... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"interpretations of a statute which would produce absurd results are to be avoided if alternative interpretations consistent with the legislative purpose are available.\"",
"sentence": "Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 575, 102 S... | 3,588,792 | b |
Nonetheless, we have "borrowed" this part of section 2508(d) and applied it to mandatory transfers. Likewise, we construe section 2509(g) as applying to mandatory transfers under 2508(b), just as it applies to permissive transfers under 2508(d), because to do otherwise would -- as discussed above -- lead to absurd resu... | {
"signal": "see also",
"identifier": "52 V.I. 350, 365",
"parenthetical": "rejecting an interpretation of a Virgin Islands statute that \"would lead to unjust and absurd results\" because such an interpretation would be \"clearly inconsistent with the Legislature's intent\"",
"sentence": "Transp. Auth., 539 F.... | {
"signal": "no signal",
"identifier": "539 F.3d 199, 210",
"parenthetical": "\"We also consider the overall object and policy of the statute . . . and avoid constructions that produce odd or absurd results or that are inconsistent with common sense.\"",
"sentence": "Transp. Auth., 539 F.3d 199, 210 (3d Cir. 20... | 3,588,792 | b |
Where, as here, the United States seeks equitable relief brought by the United States under 18 U.S.C. SS 1964(a), "the government need not, as [Defendants] assert, demonstrate a new RICO violation to justify issuance of the injunction." | {
"signal": "see also",
"identifier": "663 F.Supp. 192, 195",
"parenthetical": "rejecting argument that \"the Government must show present RICO violations to secure [injunctive] relief'",
"sentence": "Local 560, 974 F.2d at 325 n. 5 (“[Defendant] erroneously argues ... that to succeed the government must prove ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[Defendant] erroneously argues ... that to succeed the government must prove a new RICO offense based on conduct which occurred after the March 16, 1984 Judgment Order\"",
"sentence": "Local 560, 974 F.2d at 325 n. 5 (“[Defendant] erroneously argu... | 3,780,367 | b |
The analytical distinction between determining whether a licensing requirement establishes a standard of care and determining whether a violation of such a requirement is a proximate cause of plaintiffs injury can often become blurred, and the Virginia courts have been more inclined to resolve negligence per se claims ... | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that the lack of a driver's license, albeit a statutory violation, \"did not proximately cause or contribute to the collision\"",
"sentence": "See Laughlin v. Rose, 200 Va. 127, 104 S.E.2d 782, 786 (1958) (finding that the lack of a driver’s licen... | {
"signal": "see also",
"identifier": "445 S.E.2d 133, 133",
"parenthetical": "observing that \"[vjiolation of a traffic statute constitutes negligence, but imposition of liability depends on whether that negligence was a proximate cause of the accident\"",
"sentence": "See Laughlin v. Rose, 200 Va. 127, 104 S.... | 844,283 | a |
The analytical distinction between determining whether a licensing requirement establishes a standard of care and determining whether a violation of such a requirement is a proximate cause of plaintiffs injury can often become blurred, and the Virginia courts have been more inclined to resolve negligence per se claims ... | {
"signal": "see also",
"identifier": "445 S.E.2d 133, 133",
"parenthetical": "observing that \"[vjiolation of a traffic statute constitutes negligence, but imposition of liability depends on whether that negligence was a proximate cause of the accident\"",
"sentence": "See Laughlin v. Rose, 200 Va. 127, 104 S.... | {
"signal": "see",
"identifier": "104 S.E.2d 782, 786",
"parenthetical": "finding that the lack of a driver's license, albeit a statutory violation, \"did not proximately cause or contribute to the collision\"",
"sentence": "See Laughlin v. Rose, 200 Va. 127, 104 S.E.2d 782, 786 (1958) (finding that the lack of... | 844,283 | b |
While it is true that Congress cannot save an overbroad statute by adding a rule of construction that contradicts the statute's substantive provisions, in this case the rule of construction does not contradict the plain meaning of the statute. Instead, the context of the statute dictates that "personal property" exclud... | {
"signal": "no signal",
"identifier": "744 F.3d 790, 801",
"parenthetical": "\"We are. satisfied tirat AETA includes safeguards in the form of its expression-protecting rules of construction, which preclude an interpretation according to which protected speech activity resulting in lost profits gives rise to lia... | {
"signal": "cf.",
"identifier": "770 F.2d 468, 474",
"parenthetical": "rule of construction deemed a \"valuable indication of Congress' concern for the preservation of First Amendment rights\"",
"sentence": "Blum v. Holder, 744 F.3d 790, 801 (1st Cir. 2014) (“We are. satisfied tirat AETA includes safeguards in... | 12,264,435 | a |
Even if the Court considered this evidence inadmissible under Rule 404(b), the evidence would still be admissible under the "inclusionary" approach. A rational factfinder may reasonably infer that the stun gun, handcuff key and ski mask would tend to establish that Cruz had knowledge of, and intent or motive to possess... | {
"signal": "see",
"identifier": "961 F.2d 1039, 1042",
"parenthetical": "upholding the admission of other firearms that were present in defendant's apartment and vehicle to establish defendant's knowledge of the presence of an Uzi in defendant's apartment",
"sentence": "See, e.g., United States v. Brown, 961 F... | {
"signal": "see also",
"identifier": "815 F.2d 1068, 1072-73",
"parenthetical": "upholding the admission of burglary tools and police scanners found in defendant's van as probative evidence of defendant's knowledge of presence of gun in the van",
"sentence": "See, e.g., United States v. Brown, 961 F.2d 1039, 1... | 9,146,066 | a |
In contrast, under Rhoditis, business activities in the United States can satisfy the "base of operations" requirement regardless of whether the particular activities in question were related to the plaintiffs injury. | {
"signal": "see",
"identifier": "398 U.S. 307, 307-08",
"parenthetical": "holding \"base of operations\" requirement fulfilled where defendant kept its largest office in New York, was 95% owned by a U.S. domiciliary who had lived in the United States for twenty-five years, and derived its \"entire income\" from ... | {
"signal": "cf.",
"identifier": "575 F.3d 1178, 1178",
"parenthetical": "holding \"base of operations\" requirement unmet absent \"information demonstrating that the U.S. is where [the defendants'] operations occur, management decisions are made or revenues are generated\"",
"sentence": "See, e.g., Rhoditis, 3... | 3,514,604 | a |
In contrast, under Rhoditis, business activities in the United States can satisfy the "base of operations" requirement regardless of whether the particular activities in question were related to the plaintiffs injury. | {
"signal": "see",
"identifier": "398 U.S. 307, 307-08",
"parenthetical": "holding \"base of operations\" requirement fulfilled where defendant kept its largest office in New York, was 95% owned by a U.S. domiciliary who had lived in the United States for twenty-five years, and derived its \"entire income\" from ... | {
"signal": "cf.",
"identifier": "425 F.3d 932, 937-38",
"parenthetical": "analyzing U.S. parent corporation's control over foreign defendant's day-to-day business operations, volume of business performed in the U.S., and number of days spent by entire fleet at U.S. ports",
"sentence": "See, e.g., Rhoditis, 398... | 3,514,604 | a |
In contrast, under Rhoditis, business activities in the United States can satisfy the "base of operations" requirement regardless of whether the particular activities in question were related to the plaintiffs injury. | {
"signal": "cf.",
"identifier": "575 F.3d 1178, 1178",
"parenthetical": "holding \"base of operations\" requirement unmet absent \"information demonstrating that the U.S. is where [the defendants'] operations occur, management decisions are made or revenues are generated\"",
"sentence": "See, e.g., Rhoditis, 3... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding \"base of operations\" requirement fulfilled where defendant kept its largest office in New York, was 95% owned by a U.S. domiciliary who had lived in the United States for twenty-five years, and derived its \"entire income\" from shipping cargo to ... | 3,514,604 | b |
In contrast, under Rhoditis, business activities in the United States can satisfy the "base of operations" requirement regardless of whether the particular activities in question were related to the plaintiffs injury. | {
"signal": "cf.",
"identifier": "425 F.3d 932, 937-38",
"parenthetical": "analyzing U.S. parent corporation's control over foreign defendant's day-to-day business operations, volume of business performed in the U.S., and number of days spent by entire fleet at U.S. ports",
"sentence": "See, e.g., Rhoditis, 398... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding \"base of operations\" requirement fulfilled where defendant kept its largest office in New York, was 95% owned by a U.S. domiciliary who had lived in the United States for twenty-five years, and derived its \"entire income\" from shipping cargo to ... | 3,514,604 | b |
In contrast, under Rhoditis, business activities in the United States can satisfy the "base of operations" requirement regardless of whether the particular activities in question were related to the plaintiffs injury. | {
"signal": "see",
"identifier": "698 F.2d 1195, 1195",
"parenthetical": "hold ing \"base of operations\" requirement fulfilled where record reflected that the defendants maintained offices in Florida and New York, operated cruise ships out of two ports in Florida and elsewhere in the U.S., offered special rates ... | {
"signal": "cf.",
"identifier": "575 F.3d 1178, 1178",
"parenthetical": "holding \"base of operations\" requirement unmet absent \"information demonstrating that the U.S. is where [the defendants'] operations occur, management decisions are made or revenues are generated\"",
"sentence": "See, e.g., Rhoditis, 3... | 3,514,604 | a |
In contrast, under Rhoditis, business activities in the United States can satisfy the "base of operations" requirement regardless of whether the particular activities in question were related to the plaintiffs injury. | {
"signal": "see",
"identifier": "698 F.2d 1195, 1195",
"parenthetical": "hold ing \"base of operations\" requirement fulfilled where record reflected that the defendants maintained offices in Florida and New York, operated cruise ships out of two ports in Florida and elsewhere in the U.S., offered special rates ... | {
"signal": "cf.",
"identifier": "425 F.3d 932, 937-38",
"parenthetical": "analyzing U.S. parent corporation's control over foreign defendant's day-to-day business operations, volume of business performed in the U.S., and number of days spent by entire fleet at U.S. ports",
"sentence": "See, e.g., Rhoditis, 398... | 3,514,604 | a |
Washington contends that interest cannot compensate for actual pecuniary loss because this court has held that interest is an integral part of the tax itself. | {
"signal": "see",
"identifier": "886 F.2d 1101, 1108",
"parenthetical": "\"Penalties, unlike interest, are not normally considered integral to the tax debt itself_\"",
"sentence": "See In re Mark Anthony Const., Inc., 886 F.2d 1101, 1108 (9th Cir.1989) (“Penalties, unlike interest, are not normally considered ... | {
"signal": "see also",
"identifier": "76 B.R. 176, 178",
"parenthetical": "\"A penalty assessment is separate and distinct from the imposition of interest. Interest is assessed by the IRS to compensate for lost monetary value' while a penalty is ordinarily charged for failure to act by a certain deadline.\"",
... | 7,649,968 | a |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": "262 U.S. 390, 399",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the in... | 11,894,157 | b |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see",
"identifier": "262 U.S. 390, 399",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the in... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | 11,894,157 | a |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see",
"identifier": "262 U.S. 390, 399",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the in... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | 11,894,157 | a |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see",
"identifier": "43 S.Ct. 625, 626",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the in... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | 11,894,157 | a |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": "43 S.Ct. 625, 626",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the in... | 11,894,157 | b |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see",
"identifier": "43 S.Ct. 625, 626",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the in... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | 11,894,157 | a |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the individual to con... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | 11,894,157 | a |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the individual to con... | 11,894,157 | b |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the individual to con... | 11,894,157 | b |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": "431 U.S. 494, 499",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the in... | 11,894,157 | b |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": "431 U.S. 494, 499",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the in... | 11,894,157 | b |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": "431 U.S. 494, 499",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the in... | 11,894,157 | b |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see",
"identifier": "97 S.Ct. 1932, 1935",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | 11,894,157 | a |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": "97 S.Ct. 1932, 1935",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the ... | 11,894,157 | b |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": "97 S.Ct. 1932, 1935",
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the ... | 11,894,157 | b |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the individual to con... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | 11,894,157 | a |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the individual to con... | 11,894,157 | b |
The Sightes contend that parents have a constitutionally recognized fundamental right to raise their child as they see fit. It is true that the United States Supreme Court has held that the right to raise one's children is a fundamental liberty interest protected by the Fourteenth Amendment to the United States Constit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recog-nizing constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education",
"sentence": "See also Planned Parenthood v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that \"[w]hile this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment], ... [w]ithout doubt, it denotes not only merely freedom from bodily restraint but also the right of the individual to con... | 11,894,157 | b |
The court cautioned, however, that the time for filing such motions is not unlimited. The district court may, in the exercise of its discretion, "deny as untimely a non-procedural-defect, non-jurisdietional motion to remand if made at an unreasonably late stage of the federal litigation." | {
"signal": "no signal",
"identifier": "965 F.2d 1497, 1502-03",
"parenthetical": "thirty-day limit not applicable to motion for remand based upon abstention",
"sentence": "Id. at 1213 n. 8. Accord: Melahn v. Pennock Insurance, Inc., 965 F.2d 1497, 1502-03 (8th Cir.1992) (thirty-day limit not applicable to moti... | {
"signal": "cf.",
"identifier": "932 F.2d 1518, 1522",
"parenthetical": "thirty-day limit applies to all motions for remand not based on subject matter jurisdiction",
"sentence": "Cf. In re Shell Oil Co., 932 F.2d 1518, 1522 (5th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 914, 116 L.Ed.2d 814 (1992) (thirty-... | 9,048,902 | a |
The court cautioned, however, that the time for filing such motions is not unlimited. The district court may, in the exercise of its discretion, "deny as untimely a non-procedural-defect, non-jurisdietional motion to remand if made at an unreasonably late stage of the federal litigation." | {
"signal": "cf.",
"identifier": null,
"parenthetical": "thirty-day limit applies to all motions for remand not based on subject matter jurisdiction",
"sentence": "Cf. In re Shell Oil Co., 932 F.2d 1518, 1522 (5th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 914, 116 L.Ed.2d 814 (1992) (thirty-day limit applies... | {
"signal": "no signal",
"identifier": "965 F.2d 1497, 1502-03",
"parenthetical": "thirty-day limit not applicable to motion for remand based upon abstention",
"sentence": "Id. at 1213 n. 8. Accord: Melahn v. Pennock Insurance, Inc., 965 F.2d 1497, 1502-03 (8th Cir.1992) (thirty-day limit not applicable to moti... | 9,048,902 | b |
The court cautioned, however, that the time for filing such motions is not unlimited. The district court may, in the exercise of its discretion, "deny as untimely a non-procedural-defect, non-jurisdietional motion to remand if made at an unreasonably late stage of the federal litigation." | {
"signal": "cf.",
"identifier": null,
"parenthetical": "thirty-day limit applies to all motions for remand not based on subject matter jurisdiction",
"sentence": "Cf. In re Shell Oil Co., 932 F.2d 1518, 1522 (5th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 914, 116 L.Ed.2d 814 (1992) (thirty-day limit applies... | {
"signal": "no signal",
"identifier": "965 F.2d 1497, 1502-03",
"parenthetical": "thirty-day limit not applicable to motion for remand based upon abstention",
"sentence": "Id. at 1213 n. 8. Accord: Melahn v. Pennock Insurance, Inc., 965 F.2d 1497, 1502-03 (8th Cir.1992) (thirty-day limit not applicable to moti... | 9,048,902 | b |
The proximity of Antone's interrogation hurts rather than helps the government's position. Although the case law is con-cededly anecdotal in this regard, a span of about two hours is, in this writer's estimate, insufficiently remote where, as here, that time is spent entirely in police custody. | {
"signal": "see also",
"identifier": "883 F.2d 1407, 1416",
"parenthetical": "\"As best we are aware, no court has weighed the first factor against a defendant when his inculpatory statement followed illegal police conduct by only a few hours.\"",
"sentence": "See, e.g., Taylor v. Alabama, 457 U.S. 687, 691, 1... | {
"signal": "see",
"identifier": "274 F.Supp.2d 146, 159",
"parenthetical": "finding that statements made at police headquarters three or four hours after illegal search were not sufficiently attenuated even though the defendant received Miranda warnings",
"sentence": "See, e.g., Taylor v. Alabama, 457 U.S. 687... | 5,880,328 | b |
And finally, O'Melveny & Myers said that the Court would not "adopt a court-made rule to supplement federal statutory regulation that is comprehensive and detailed; matters left unaddressed in such a scheme are presumably left subject to the disposition provided by state law." To be sure, FEHBA has a preemption provisi... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[W]e do not think that the Supreme Court in O'Melveny intended to foreclose the possibility of displacing, with a federal common law rule, a state rule of decision that would conflict with specific policies of a comprehensive federal scheme.\"",
"senten... | {
"signal": "cf.",
"identifier": "514 U.S. 280, 288",
"parenthetical": "\"The fact that an express definition of the pre-emptive reach of a statute 'implies' -- i.e., supports a reasonable inference -- that Congress did not intend to pre-empt other matters does not mean that the express' clause entirely foreclose... | 4,355,921 | a |
And finally, O'Melveny & Myers said that the Court would not "adopt a court-made rule to supplement federal statutory regulation that is comprehensive and detailed; matters left unaddressed in such a scheme are presumably left subject to the disposition provided by state law." To be sure, FEHBA has a preemption provisi... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[W]e do not think that the Supreme Court in O'Melveny intended to foreclose the possibility of displacing, with a federal common law rule, a state rule of decision that would conflict with specific policies of a comprehensive federal scheme.\"",
"senten... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"The fact that an express definition of the pre-emptive reach of a statute 'implies' -- i.e., supports a reasonable inference -- that Congress did not intend to pre-empt other matters does not mean that the express' clause entirely forecloses any possibili... | 4,355,921 | a |
And finally, O'Melveny & Myers said that the Court would not "adopt a court-made rule to supplement federal statutory regulation that is comprehensive and detailed; matters left unaddressed in such a scheme are presumably left subject to the disposition provided by state law." To be sure, FEHBA has a preemption provisi... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"The fact that an express definition of the pre-emptive reach of a statute 'implies' -- i.e., supports a reasonable inference -- that Congress did not intend to pre-empt other matters does not mean that the express' clause entirely forecloses any possibili... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[W]e do not think that the Supreme Court in O'Melveny intended to foreclose the possibility of displacing, with a federal common law rule, a state rule of decision that would conflict with specific policies of a comprehensive federal scheme.\"",
"senten... | 4,355,921 | b |
It was not intended to diminish the duty of care that a school owes its students to provide reasonably safe school premises for school-related activities, including interscholastic sports. "Personal injury from defective premises ... is not a risk that schoolchildren should, as matter of public policy, be required to r... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "because municipalities need no \"encouragement to open their schools for parent-teacher conferences,\" applying recreational use statute to parent's slip and fall on ice in school walkway on parent-teacher night \"would upend the balance that the Legislatur... | {
"signal": "see",
"identifier": "35 Mass. App. Ct. 142, 145",
"parenthetical": "\"Because of the relationship between a school and its students, the city had a duty of care to the plaintiff to provide her with reasonably safe school premises\"",
"sentence": "See Alter v. Newton, 35 Mass. App. Ct. 142, 145 (199... | 4,361,978 | b |
It was not intended to diminish the duty of care that a school owes its students to provide reasonably safe school premises for school-related activities, including interscholastic sports. "Personal injury from defective premises ... is not a risk that schoolchildren should, as matter of public policy, be required to r... | {
"signal": "cf.",
"identifier": "441 Mass. 236, 236",
"parenthetical": "because municipalities need no \"encouragement to open their schools for parent-teacher conferences,\" applying recreational use statute to parent's slip and fall on ice in school walkway on parent-teacher night \"would upend the balance tha... | {
"signal": "see",
"identifier": "35 Mass. App. Ct. 142, 145",
"parenthetical": "\"Because of the relationship between a school and its students, the city had a duty of care to the plaintiff to provide her with reasonably safe school premises\"",
"sentence": "See Alter v. Newton, 35 Mass. App. Ct. 142, 145 (199... | 4,361,978 | b |
It was not intended to diminish the duty of care that a school owes its students to provide reasonably safe school premises for school-related activities, including interscholastic sports. "Personal injury from defective premises ... is not a risk that schoolchildren should, as matter of public policy, be required to r... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "because municipalities need no \"encouragement to open their schools for parent-teacher conferences,\" applying recreational use statute to parent's slip and fall on ice in school walkway on parent-teacher night \"would upend the balance that the Legislatur... | {
"signal": "see",
"identifier": "116 Idaho 586, 588-589",
"parenthetical": "\" 'if the recreational use statute were applied to injuries children suffered while on school premises as students,' the special relationship of the school to its students would be substantially impaired\"",
"sentence": "See id. at 14... | 4,361,978 | b |
It was not intended to diminish the duty of care that a school owes its students to provide reasonably safe school premises for school-related activities, including interscholastic sports. "Personal injury from defective premises ... is not a risk that schoolchildren should, as matter of public policy, be required to r... | {
"signal": "cf.",
"identifier": "441 Mass. 236, 236",
"parenthetical": "because municipalities need no \"encouragement to open their schools for parent-teacher conferences,\" applying recreational use statute to parent's slip and fall on ice in school walkway on parent-teacher night \"would upend the balance tha... | {
"signal": "see",
"identifier": "116 Idaho 586, 588-589",
"parenthetical": "\" 'if the recreational use statute were applied to injuries children suffered while on school premises as students,' the special relationship of the school to its students would be substantially impaired\"",
"sentence": "See id. at 14... | 4,361,978 | b |
More recent decisions have elaborated on the same basic theme. | {
"signal": "see also",
"identifier": "389 U.S. 217, 221-22",
"parenthetical": "striking down, on first amendment grounds, state rule barring union from hiring attorney to assist its members in the assertion of their legal rights",
"sentence": "See, e.g., Goldberg v. Kelly, 397 U.S. 254, 270, 90 S.Ct. 1011, 102... | {
"signal": "see",
"identifier": "397 U.S. 254, 270",
"parenthetical": "AFDC recipient \"must be allowed to retain an attorney [in benefits termination hearing] if he so desires\"",
"sentence": "See, e.g., Goldberg v. Kelly, 397 U.S. 254, 270, 90 S.Ct. 1011, 1021, 25 L.Ed.2d 287 (1970) (AFDC recipient “must be ... | 649,083 | b |
More recent decisions have elaborated on the same basic theme. | {
"signal": "see also",
"identifier": "88 S.Ct. 353, 355-56",
"parenthetical": "striking down, on first amendment grounds, state rule barring union from hiring attorney to assist its members in the assertion of their legal rights",
"sentence": "See, e.g., Goldberg v. Kelly, 397 U.S. 254, 270, 90 S.Ct. 1011, 102... | {
"signal": "see",
"identifier": "397 U.S. 254, 270",
"parenthetical": "AFDC recipient \"must be allowed to retain an attorney [in benefits termination hearing] if he so desires\"",
"sentence": "See, e.g., Goldberg v. Kelly, 397 U.S. 254, 270, 90 S.Ct. 1011, 1021, 25 L.Ed.2d 287 (1970) (AFDC recipient “must be ... | 649,083 | b |
More recent decisions have elaborated on the same basic theme. | {
"signal": "see",
"identifier": "397 U.S. 254, 270",
"parenthetical": "AFDC recipient \"must be allowed to retain an attorney [in benefits termination hearing] if he so desires\"",
"sentence": "See, e.g., Goldberg v. Kelly, 397 U.S. 254, 270, 90 S.Ct. 1011, 1021, 25 L.Ed.2d 287 (1970) (AFDC recipient “must be ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "striking down, on first amendment grounds, state rule barring union from hiring attorney to assist its members in the assertion of their legal rights",
"sentence": "See, e.g., Goldberg v. Kelly, 397 U.S. 254, 270, 90 S.Ct. 1011, 1021, 25 L.Ed.2d 287 ... | 649,083 | a |
More recent decisions have elaborated on the same basic theme. | {
"signal": "see",
"identifier": "90 S.Ct. 1011, 1021",
"parenthetical": "AFDC recipient \"must be allowed to retain an attorney [in benefits termination hearing] if he so desires\"",
"sentence": "See, e.g., Goldberg v. Kelly, 397 U.S. 254, 270, 90 S.Ct. 1011, 1021, 25 L.Ed.2d 287 (1970) (AFDC recipient “must b... | {
"signal": "see also",
"identifier": "389 U.S. 217, 221-22",
"parenthetical": "striking down, on first amendment grounds, state rule barring union from hiring attorney to assist its members in the assertion of their legal rights",
"sentence": "See, e.g., Goldberg v. Kelly, 397 U.S. 254, 270, 90 S.Ct. 1011, 102... | 649,083 | a |
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