context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
values |
|---|---|---|---|---|
First, the court reasoned that McGuire had not satisfied the exclusive control requirement of the res ipsa loquitur doctrine because she sued multiple defendants, each of whom had a right or an ability to control. However, the law is to the contrary. Res ipsa loquitur has been applied in situations where multiple defen... | {
"signal": "see also",
"identifier": null,
"parenthetical": "res ipsa loquitur applicable to alleged negligence of hospital, oral surgeon, and nurse anesthetist",
"sentence": "See also Swierczek v. Lynch, 466 N.W.2d 512 (Neb. 1991) (res ipsa loquitur applicable to alleged negligence of hospital, oral surgeon, ... | {
"signal": "see",
"identifier": "62 Wis. 2d 698, 708",
"parenthetical": "application of the doctrine permissible where evidence establishes that exclusive control was exercised collectively by the defendants",
"sentence": "See, e.g., Samson v. Riesing, 62 Wis. 2d 698, 708, 215 N.W.2d 662, 667-68 (1974) (applic... | 8,666,271 | b |
First, the court reasoned that McGuire had not satisfied the exclusive control requirement of the res ipsa loquitur doctrine because she sued multiple defendants, each of whom had a right or an ability to control. However, the law is to the contrary. Res ipsa loquitur has been applied in situations where multiple defen... | {
"signal": "see also",
"identifier": null,
"parenthetical": "grocery store and bottling company properly joined as defendants in res ipsa case involving falling bottle",
"sentence": "See also Swierczek v. Lynch, 466 N.W.2d 512 (Neb. 1991) (res ipsa loquitur applicable to alleged negligence of hospital, oral su... | {
"signal": "see",
"identifier": "62 Wis. 2d 698, 708",
"parenthetical": "application of the doctrine permissible where evidence establishes that exclusive control was exercised collectively by the defendants",
"sentence": "See, e.g., Samson v. Riesing, 62 Wis. 2d 698, 708, 215 N.W.2d 662, 667-68 (1974) (applic... | 8,666,271 | b |
First, the court reasoned that McGuire had not satisfied the exclusive control requirement of the res ipsa loquitur doctrine because she sued multiple defendants, each of whom had a right or an ability to control. However, the law is to the contrary. Res ipsa loquitur has been applied in situations where multiple defen... | {
"signal": "see",
"identifier": "215 N.W.2d 662, 667-68",
"parenthetical": "application of the doctrine permissible where evidence establishes that exclusive control was exercised collectively by the defendants",
"sentence": "See, e.g., Samson v. Riesing, 62 Wis. 2d 698, 708, 215 N.W.2d 662, 667-68 (1974) (app... | {
"signal": "see also",
"identifier": null,
"parenthetical": "res ipsa loquitur applicable to alleged negligence of hospital, oral surgeon, and nurse anesthetist",
"sentence": "See also Swierczek v. Lynch, 466 N.W.2d 512 (Neb. 1991) (res ipsa loquitur applicable to alleged negligence of hospital, oral surgeon, ... | 8,666,271 | a |
First, the court reasoned that McGuire had not satisfied the exclusive control requirement of the res ipsa loquitur doctrine because she sued multiple defendants, each of whom had a right or an ability to control. However, the law is to the contrary. Res ipsa loquitur has been applied in situations where multiple defen... | {
"signal": "see also",
"identifier": null,
"parenthetical": "grocery store and bottling company properly joined as defendants in res ipsa case involving falling bottle",
"sentence": "See also Swierczek v. Lynch, 466 N.W.2d 512 (Neb. 1991) (res ipsa loquitur applicable to alleged negligence of hospital, oral su... | {
"signal": "see",
"identifier": "215 N.W.2d 662, 667-68",
"parenthetical": "application of the doctrine permissible where evidence establishes that exclusive control was exercised collectively by the defendants",
"sentence": "See, e.g., Samson v. Riesing, 62 Wis. 2d 698, 708, 215 N.W.2d 662, 667-68 (1974) (app... | 8,666,271 | b |
The plaintiff makes no argument in his brief before us, as he did in the court below, that the defendants' easements "to the Annisquam River" do not extend as set out in the judgment. (See n.6.) | {
"signal": "see also",
"identifier": "22 Pick. 85, 94",
"parenthetical": "presumption in grant is that it extends to low water mark",
"sentence": "See also Valentine v. Piper, 22 Pick. 85, 94 (1839) (presumption in grant is that it extends to low water mark); Frankel, Law of Seashore Waters and Water Courses: ... | {
"signal": "see",
"identifier": "342 Mass. 251, 260-261",
"parenthetical": "\"words of similar import . . . convey title to the low water mark\"",
"sentence": "See Old Colony St. Ry. v. Phillips, 207 Mass. 174, 179-181 (1911); Michaelson v. Silver Beach Improvement Assn., 342 Mass. 251, 260-261 (1961) (“words ... | 3,965,316 | b |
Marsh chose to rely upon assistance from the prison legal access attorney and an inmate law clerk despite the fact that he was raising in the state courts only the unexhausted claims he already had raised in federal court." R. doc. 11, at 5-6. The fact that an inmate law clerk was assisting in drafting the state petiti... | {
"signal": "see",
"identifier": "1 F.Supp.2d 650, 655",
"parenthetical": "noting that although inmate had received assistance from fellow inmate, he could have filed the petition himself at any time",
"sentence": "See Henderson v. John son, 1 F.Supp.2d 650, 655 (N.D.Tex.1998) (noting that although inmate had r... | {
"signal": "see also",
"identifier": "219 F.3d 1298, 1300",
"parenthetical": "holding that attorney miscalculation of AEDPA time period did not justify equitable tolling",
"sentence": "See Henderson v. John son, 1 F.Supp.2d 650, 655 (N.D.Tex.1998) (noting that although inmate had received assistance from fello... | 11,243,547 | a |
The requirement that a district court transfer an action within the jurisdiction of the circuit court is jurisdictional. SS 12-11-9. However, for a district-court order transferring an action to the circuit court to be effective, the circuit court must have exclusive subject-matter jurisdiction over the action. | {
"signal": "cf.",
"identifier": "438 So.2d 766, 767-68",
"parenthetical": "holding that, when the district court dismissed, rather than transferred, a case not within its jurisdiction and a party appealed that dismissal, the circuit court could consider only the propriety of the dismissal on appeal, and determin... | {
"signal": "no signal",
"identifier": "189 So.3d 824, 827",
"parenthetical": "holding that, when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subject-matter jurisdiction, the circuit court was without jurisdiction to enter its judgment, wh... | 6,931,647 | b |
The requirement that a district court transfer an action within the jurisdiction of the circuit court is jurisdictional. SS 12-11-9. However, for a district-court order transferring an action to the circuit court to be effective, the circuit court must have exclusive subject-matter jurisdiction over the action. | {
"signal": "cf.",
"identifier": "438 So.2d 766, 767-68",
"parenthetical": "holding that, when the district court dismissed, rather than transferred, a case not within its jurisdiction and a party appealed that dismissal, the circuit court could consider only the propriety of the dismissal on appeal, and determin... | {
"signal": "no signal",
"identifier": "8 So.3d 1011, 1014",
"parenthetical": "holding that, because the circuit court did not have subject-matter jurisdiction over the unlawful-detainer action, the district court's \"unauthorized transfer\" of the action \"could not transfer jurisdiction over that action to the\... | 6,931,647 | b |
Finally, under the last prong of the test, employer failed to prove a causal relationship between the injury and the false representation. There is simply no evidence in the record that Lopez's alien status was in any way related to the consequent injury. | {
"signal": "see",
"identifier": "12 Va. App. 667, 667-68",
"parenthetical": "finding no causal connection between claimant's lumbo-sacral back injury and misrepresentation as to existence of prior \"backaches\" where prior back pain was caused by medical problems unrelated to the back",
"sentence": "See Grimes... | {
"signal": "cf.",
"identifier": "3 Va. App. 413, 413-14",
"parenthetical": "finding a causal relationship between the injury involving back pain radiating into hip and leg and the misrepresentation where claimant, who had been unable to work at prior jobs because of back pain radiating into both legs, stated in ... | 2,319,292 | a |
Finally, under the last prong of the test, employer failed to prove a causal relationship between the injury and the false representation. There is simply no evidence in the record that Lopez's alien status was in any way related to the consequent injury. | {
"signal": "cf.",
"identifier": "350 S.E.2d 228, 228-29",
"parenthetical": "finding a causal relationship between the injury involving back pain radiating into hip and leg and the misrepresentation where claimant, who had been unable to work at prior jobs because of back pain radiating into both legs, stated in ... | {
"signal": "see",
"identifier": "12 Va. App. 667, 667-68",
"parenthetical": "finding no causal connection between claimant's lumbo-sacral back injury and misrepresentation as to existence of prior \"backaches\" where prior back pain was caused by medical problems unrelated to the back",
"sentence": "See Grimes... | 2,319,292 | b |
Finally, under the last prong of the test, employer failed to prove a causal relationship between the injury and the false representation. There is simply no evidence in the record that Lopez's alien status was in any way related to the consequent injury. | {
"signal": "cf.",
"identifier": "3 Va. App. 413, 413-14",
"parenthetical": "finding a causal relationship between the injury involving back pain radiating into hip and leg and the misrepresentation where claimant, who had been unable to work at prior jobs because of back pain radiating into both legs, stated in ... | {
"signal": "see",
"identifier": "406 S.E.2d 409, 409",
"parenthetical": "finding no causal connection between claimant's lumbo-sacral back injury and misrepresentation as to existence of prior \"backaches\" where prior back pain was caused by medical problems unrelated to the back",
"sentence": "See Grimes, 12... | 2,319,292 | b |
Finally, under the last prong of the test, employer failed to prove a causal relationship between the injury and the false representation. There is simply no evidence in the record that Lopez's alien status was in any way related to the consequent injury. | {
"signal": "cf.",
"identifier": "350 S.E.2d 228, 228-29",
"parenthetical": "finding a causal relationship between the injury involving back pain radiating into hip and leg and the misrepresentation where claimant, who had been unable to work at prior jobs because of back pain radiating into both legs, stated in ... | {
"signal": "see",
"identifier": "406 S.E.2d 409, 409",
"parenthetical": "finding no causal connection between claimant's lumbo-sacral back injury and misrepresentation as to existence of prior \"backaches\" where prior back pain was caused by medical problems unrelated to the back",
"sentence": "See Grimes, 12... | 2,319,292 | b |
We lack jurisdiction to consider Celis-Arambula's contention that the IJ was partial and violated his right to due process because he did not raise that issue before the BIA, and thereby failed to exhaust his administrative remedies. | {
"signal": "see",
"identifier": "554 F.3d 1203, 1208",
"parenthetical": "issues not argued in a petitioner's BIA appeal brief have not been exhausted, and the court lacks jurisdiction to consider them",
"sentence": "See Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir.2009) (en banc) (issues not argued in a peti... | {
"signal": "see also",
"identifier": "296 F.3d 871, 877",
"parenthetical": "this court may not entertain due process claims based on correctable procedural errors unless an alien first gives the BIA an opportunity to address them",
"sentence": "See Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir.2009) (en banc)... | 4,148,964 | a |
The reasons for the changes given by the deponents were to clarify, to correct a misstatement, or to correct a response because the deponent did not. understand the question. In addition, the errata sheets were delivered to defendants prior to their filing their motion for summary judgment, and defendants have not alle... | {
"signal": "see also",
"identifier": "926 F.Supp. 799, 804",
"parenthetical": "failure to provide explanation for changes to deposition testimony resulted in court striking the evidence and disregarding same, in summary judgment analysis",
"sentence": "See Rios v. Welch, 856 F.Supp. 1499, 1502 (D.Kan.1994) (re... | {
"signal": "see",
"identifier": "856 F.Supp. 1499, 1502",
"parenthetical": "responding to plea for reconsideration of weight to be given to corrected deposition testimony the court responded that it was its belief that a plaintiff is not permitted to \"virtually rewrite portions of a deposition, particularly aft... | 331,251 | b |
The orders are void because the district court lacked subject matter jurisdiction over the underlying action. Because the orders are void, appellants argue, appellants should be restored to the position they would have been in had the orders never been entered. | {
"signal": "see also",
"identifier": "683 F.2d 832, 834",
"parenthetical": "explaining that a garnishee is entitled to restitution of payment made on a void judgment",
"sentence": "Watts, 752 F.2d at 410 (finding that defendant was entitled to restitution under Rule 60(b)(4) because the judgment against him wa... | {
"signal": "no signal",
"identifier": "752 F.2d 410, 410",
"parenthetical": "finding that defendant was entitled to restitution under Rule 60(b)(4) because the judgment against him was void",
"sentence": "Watts, 752 F.2d at 410 (finding that defendant was entitled to restitution under Rule 60(b)(4) because the... | 10,513,752 | b |
Because we have determined from the outset that the carjacking statute is directed at regulating economic activity, we do not need to address the separate question of whether the statute's jurisdictional element also renders it constitutional as another species of Category Three regulation. | {
"signal": "cf.",
"identifier": "86 F.3d 564, 568-69",
"parenthetical": "focusing on sufficiency of firearm statute's jurisdictional element as basis for valid exercise of commerce power",
"sentence": "See United States v. Wall, 92 F.3d 1444, 1450 (6th Cir.1996) (absence of jurisdictional element not fatal to ... | {
"signal": "see",
"identifier": "92 F.3d 1444, 1450",
"parenthetical": "absence of jurisdictional element not fatal to federal gambling statute",
"sentence": "See United States v. Wall, 92 F.3d 1444, 1450 (6th Cir.1996) (absence of jurisdictional element not fatal to federal gambling statute); United States v.... | 7,649,419 | b |
Because we have determined from the outset that the carjacking statute is directed at regulating economic activity, we do not need to address the separate question of whether the statute's jurisdictional element also renders it constitutional as another species of Category Three regulation. | {
"signal": "see",
"identifier": "90 F.3d 1135, 1141",
"parenthetical": "\"Lopez did not proclaim a general rule that all federal criminal statutes must include a jurisdictional element.\"",
"sentence": "See United States v. Wall, 92 F.3d 1444, 1450 (6th Cir.1996) (absence of jurisdictional element not fatal to... | {
"signal": "cf.",
"identifier": "86 F.3d 564, 568-69",
"parenthetical": "focusing on sufficiency of firearm statute's jurisdictional element as basis for valid exercise of commerce power",
"sentence": "See United States v. Wall, 92 F.3d 1444, 1450 (6th Cir.1996) (absence of jurisdictional element not fatal to ... | 7,649,419 | a |
In order to invoke the "double jeopardy bar," a defendant need not demonstrate that the declaration of a mistrial prejudiced him in any way other than infringement on the "valued right" to have the empaneled tribunal decide his cause. | {
"signal": "see",
"identifier": "400 U.S. 490, 490",
"parenthetical": "majority holds declaration of mistrial was not supported by manifest necessity, although, in words of the dissent, \"the mistrial was not requested by the prosecutor, and there is not the slightest indication that he desired it to occur.\"",
... | {
"signal": "see also",
"identifier": "973 F.2d 255, 255",
"parenthetical": "mistrial improper even when not requested or desired by government and only declared because of \"the interest of the defendant\"",
"sentence": "See also United States v. Council, 973 F.2d at 255 (mistrial improper even when not reques... | 10,523,909 | a |
In order to invoke the "double jeopardy bar," a defendant need not demonstrate that the declaration of a mistrial prejudiced him in any way other than infringement on the "valued right" to have the empaneled tribunal decide his cause. | {
"signal": "see",
"identifier": "400 U.S. 490, 490",
"parenthetical": "majority holds declaration of mistrial was not supported by manifest necessity, although, in words of the dissent, \"the mistrial was not requested by the prosecutor, and there is not the slightest indication that he desired it to occur.\"",
... | {
"signal": "see also",
"identifier": "730 F.2d 977, 977",
"parenthetical": "mistrial improper although not requested or desired by government and declared solely because of court's possible conflict with defense position",
"sentence": "See also United States v. Council, 973 F.2d at 255 (mistrial improper even ... | 10,523,909 | a |
In order to invoke the "double jeopardy bar," a defendant need not demonstrate that the declaration of a mistrial prejudiced him in any way other than infringement on the "valued right" to have the empaneled tribunal decide his cause. | {
"signal": "see also",
"identifier": "973 F.2d 255, 255",
"parenthetical": "mistrial improper even when not requested or desired by government and only declared because of \"the interest of the defendant\"",
"sentence": "See also United States v. Council, 973 F.2d at 255 (mistrial improper even when not reques... | {
"signal": "see",
"identifier": "91 S.Ct. 559, 559",
"parenthetical": "majority holds declaration of mistrial was not supported by manifest necessity, although, in words of the dissent, \"the mistrial was not requested by the prosecutor, and there is not the slightest indication that he desired it to occur.\"",
... | 10,523,909 | b |
In order to invoke the "double jeopardy bar," a defendant need not demonstrate that the declaration of a mistrial prejudiced him in any way other than infringement on the "valued right" to have the empaneled tribunal decide his cause. | {
"signal": "see also",
"identifier": "730 F.2d 977, 977",
"parenthetical": "mistrial improper although not requested or desired by government and declared solely because of court's possible conflict with defense position",
"sentence": "See also United States v. Council, 973 F.2d at 255 (mistrial improper even ... | {
"signal": "see",
"identifier": "91 S.Ct. 559, 559",
"parenthetical": "majority holds declaration of mistrial was not supported by manifest necessity, although, in words of the dissent, \"the mistrial was not requested by the prosecutor, and there is not the slightest indication that he desired it to occur.\"",
... | 10,523,909 | b |
The Bank admitted discharging Hollingsworth for misconduct uncovered in the course of discovery. This, however, does not constitute an admission that the Bank discharged Hollingsworth in retaliation for participation in protected activity. If the Bank had in fact admitted that a retaliatory motive was the reason or one... | {
"signal": "no signal",
"identifier": "23 Wn. App. 88, 91",
"parenthetical": "discharge based to any degree on retaliatory motive violates RCW 49.60-.210",
"sentence": "Kinney v. Bauch, 23 Wn. App. 88, 91, 596 P.2d 1074 (1979) (discharge based to any degree on retaliatory motive violates RCW 49.60-.210); cf. K... | {
"signal": "cf.",
"identifier": "695 F.2d 343, 345",
"parenthetical": "must be established that engaging in the protected activity was one of the reasons for discharge and that the discharge would not have occurred but for the activity",
"sentence": "Kinney v. Bauch, 23 Wn. App. 88, 91, 596 P.2d 1074 (1979) (d... | 1,784,914 | a |
The Bank admitted discharging Hollingsworth for misconduct uncovered in the course of discovery. This, however, does not constitute an admission that the Bank discharged Hollingsworth in retaliation for participation in protected activity. If the Bank had in fact admitted that a retaliatory motive was the reason or one... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "discharge based to any degree on retaliatory motive violates RCW 49.60-.210",
"sentence": "Kinney v. Bauch, 23 Wn. App. 88, 91, 596 P.2d 1074 (1979) (discharge based to any degree on retaliatory motive violates RCW 49.60-.210); cf. Kauffman v. Sider... | {
"signal": "cf.",
"identifier": "695 F.2d 343, 345",
"parenthetical": "must be established that engaging in the protected activity was one of the reasons for discharge and that the discharge would not have occurred but for the activity",
"sentence": "Kinney v. Bauch, 23 Wn. App. 88, 91, 596 P.2d 1074 (1979) (d... | 1,784,914 | a |
The failure to object to those rulings when the district court still had an opportunity to correct any irregularity constitutes acquiescence. See Liljeberg v. Health Servs. | {
"signal": "no signal",
"identifier": "486 U.S. 847, 868",
"parenthetical": "stating that remedies for violations of the recusal statute depend on making \"a timely request for rehef'",
"sentence": "Acquisition Corp., 486 U.S. 847, 868, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) (stating that remedies for violatio... | {
"signal": "see also",
"identifier": "259 F.3d 1101, 1108-09",
"parenthetical": "stating that failure to raise issues or raising issues too late constitutes waiver",
"sentence": "Acquisition Corp., 486 U.S. 847, 868, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) (stating that remedies for violations of the recusal st... | 1,003,108 | a |
The failure to object to those rulings when the district court still had an opportunity to correct any irregularity constitutes acquiescence. See Liljeberg v. Health Servs. | {
"signal": "no signal",
"identifier": "486 U.S. 847, 868",
"parenthetical": "stating that remedies for violations of the recusal statute depend on making \"a timely request for rehef'",
"sentence": "Acquisition Corp., 486 U.S. 847, 868, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) (stating that remedies for violatio... | {
"signal": "see also",
"identifier": "967 F.2d 1280, 1295",
"parenthetical": "\"To hold otherwise would encourage parties to withhold recusal motions, pending a resolution of their dispute on the merits, and then if necessary invoke [recusal] in order to get a second bite at the apple.\"",
"sentence": "Acquisi... | 1,003,108 | a |
The failure to object to those rulings when the district court still had an opportunity to correct any irregularity constitutes acquiescence. See Liljeberg v. Health Servs. | {
"signal": "see also",
"identifier": "259 F.3d 1101, 1108-09",
"parenthetical": "stating that failure to raise issues or raising issues too late constitutes waiver",
"sentence": "Acquisition Corp., 486 U.S. 847, 868, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) (stating that remedies for violations of the recusal st... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "stating that remedies for violations of the recusal statute depend on making \"a timely request for rehef'",
"sentence": "Acquisition Corp., 486 U.S. 847, 868, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) (stating that remedies for violations of the recus... | 1,003,108 | b |
The failure to object to those rulings when the district court still had an opportunity to correct any irregularity constitutes acquiescence. See Liljeberg v. Health Servs. | {
"signal": "see also",
"identifier": "967 F.2d 1280, 1295",
"parenthetical": "\"To hold otherwise would encourage parties to withhold recusal motions, pending a resolution of their dispute on the merits, and then if necessary invoke [recusal] in order to get a second bite at the apple.\"",
"sentence": "Acquisi... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "stating that remedies for violations of the recusal statute depend on making \"a timely request for rehef'",
"sentence": "Acquisition Corp., 486 U.S. 847, 868, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) (stating that remedies for violations of the recus... | 1,003,108 | b |
The failure to object to those rulings when the district court still had an opportunity to correct any irregularity constitutes acquiescence. See Liljeberg v. Health Servs. | {
"signal": "see also",
"identifier": "259 F.3d 1101, 1108-09",
"parenthetical": "stating that failure to raise issues or raising issues too late constitutes waiver",
"sentence": "Acquisition Corp., 486 U.S. 847, 868, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) (stating that remedies for violations of the recusal st... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "stating that remedies for violations of the recusal statute depend on making \"a timely request for rehef'",
"sentence": "Acquisition Corp., 486 U.S. 847, 868, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) (stating that remedies for violations of the recus... | 1,003,108 | b |
The failure to object to those rulings when the district court still had an opportunity to correct any irregularity constitutes acquiescence. See Liljeberg v. Health Servs. | {
"signal": "see also",
"identifier": "967 F.2d 1280, 1295",
"parenthetical": "\"To hold otherwise would encourage parties to withhold recusal motions, pending a resolution of their dispute on the merits, and then if necessary invoke [recusal] in order to get a second bite at the apple.\"",
"sentence": "Acquisi... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "stating that remedies for violations of the recusal statute depend on making \"a timely request for rehef'",
"sentence": "Acquisition Corp., 486 U.S. 847, 868, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) (stating that remedies for violations of the recus... | 1,003,108 | b |
At trial, the Levy defendants offered no evidence that the plaintiffs acted in a manner which justified a belief on the part of defendants that their copyright was free from challenge. Although in some instances, silence and inaction may induce justifiable reliance on the part of the defendant, those circumstances are ... | {
"signal": "no signal",
"identifier": "279 F.2d 105, 105",
"parenthetical": "acknowledging that such acts of omission rarely satisfy elements of estoppel.",
"sentence": "Hampton, 279 F.2d at 105. See also 3 Nimmer, § 13.07 (acknowledging that such acts of omission rarely satisfy elements of estoppel.) In the i... | {
"signal": "cf.",
"identifier": "891 F.2d 401, 404",
"parenthetical": "\"one who seeks Equity's assistance must stand before the court with clean hands\"",
"sentence": "Cf. Stone II, 891 F.2d 401, 404, (“one who seeks Equity’s assistance must stand before the court with clean hands”) (citation omitted)."
} | 3,826,832 | a |
(Id. 31 at 10-11.) The standard for determining whether this particular type of regulatory taking has occurred, however, "is not whether the landowner has been denied those uses to which he wants to put his land; it is whether the landowner has been denied all or substantially all economically viable use of his land." ... | {
"signal": "see",
"identifier": "480 U.S. 498, 498",
"parenthetical": "noting that \"[m]any zoning ordinances place limits on the property owner's right to make profitable use of some segments of his property\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ... | {
"signal": "see also",
"identifier": "452 U.S. 264, 296",
"parenthetical": "rejecting facial takings claim in part because statute did \"not purport to regulate alternative uses to which [property in question] may be put\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m... | 3,756,280 | a |
(Id. 31 at 10-11.) The standard for determining whether this particular type of regulatory taking has occurred, however, "is not whether the landowner has been denied those uses to which he wants to put his land; it is whether the landowner has been denied all or substantially all economically viable use of his land." ... | {
"signal": "see",
"identifier": "480 U.S. 498, 498",
"parenthetical": "noting that \"[m]any zoning ordinances place limits on the property owner's right to make profitable use of some segments of his property\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting facial takings claim in part because statute did \"not purport to regulate alternative uses to which [property in question] may be put\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ord... | 3,756,280 | a |
(Id. 31 at 10-11.) The standard for determining whether this particular type of regulatory taking has occurred, however, "is not whether the landowner has been denied those uses to which he wants to put his land; it is whether the landowner has been denied all or substantially all economically viable use of his land." ... | {
"signal": "see",
"identifier": "480 U.S. 498, 498",
"parenthetical": "noting that \"[m]any zoning ordinances place limits on the property owner's right to make profitable use of some segments of his property\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting facial takings claim in part because statute did \"not purport to regulate alternative uses to which [property in question] may be put\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ord... | 3,756,280 | a |
(Id. 31 at 10-11.) The standard for determining whether this particular type of regulatory taking has occurred, however, "is not whether the landowner has been denied those uses to which he wants to put his land; it is whether the landowner has been denied all or substantially all economically viable use of his land." ... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that \"[m]any zoning ordinances place limits on the property owner's right to make profitable use of some segments of his property\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ordinances plac... | {
"signal": "see also",
"identifier": "452 U.S. 264, 296",
"parenthetical": "rejecting facial takings claim in part because statute did \"not purport to regulate alternative uses to which [property in question] may be put\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m... | 3,756,280 | a |
(Id. 31 at 10-11.) The standard for determining whether this particular type of regulatory taking has occurred, however, "is not whether the landowner has been denied those uses to which he wants to put his land; it is whether the landowner has been denied all or substantially all economically viable use of his land." ... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that \"[m]any zoning ordinances place limits on the property owner's right to make profitable use of some segments of his property\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ordinances plac... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting facial takings claim in part because statute did \"not purport to regulate alternative uses to which [property in question] may be put\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ord... | 3,756,280 | a |
(Id. 31 at 10-11.) The standard for determining whether this particular type of regulatory taking has occurred, however, "is not whether the landowner has been denied those uses to which he wants to put his land; it is whether the landowner has been denied all or substantially all economically viable use of his land." ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting facial takings claim in part because statute did \"not purport to regulate alternative uses to which [property in question] may be put\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ord... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that \"[m]any zoning ordinances place limits on the property owner's right to make profitable use of some segments of his property\"",
"sentence": "See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ordinances plac... | 3,756,280 | b |
Without standing, the court has no jurisdiction over a petition for declaratory relief. Because standing is a necessary component of the court's subject-matter jurisdiction, it cannot be waived, and its absence can be raised at any time. | {
"signal": "see",
"identifier": "2007 VT 87, ¶ 2",
"parenthetical": "equating Court's review of dismissal for lack of standing in declaratory-judgment action with dismissal for lack of subject-matter jurisdiction",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standin... | {
"signal": "see also",
"identifier": "422 U.S. 490, 517-18",
"parenthetical": "\"The rules of standing ... are threshold determinants of the propriety of judicial intervention.\"",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action w... | 3,691,553 | a |
Without standing, the court has no jurisdiction over a petition for declaratory relief. Because standing is a necessary component of the court's subject-matter jurisdiction, it cannot be waived, and its absence can be raised at any time. | {
"signal": "see also",
"identifier": "422 U.S. 490, 517-18",
"parenthetical": "\"The rules of standing ... are threshold determinants of the propriety of judicial intervention.\"",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action w... | {
"signal": "see",
"identifier": "158 Vt. 354, 357-58",
"parenthetical": "subject-matter jurisdiction cannot be waived and can be raised at any time",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action with dismissal for lack of subje... | 3,691,553 | b |
Without standing, the court has no jurisdiction over a petition for declaratory relief. Because standing is a necessary component of the court's subject-matter jurisdiction, it cannot be waived, and its absence can be raised at any time. | {
"signal": "see also",
"identifier": "422 U.S. 490, 517-18",
"parenthetical": "\"The rules of standing ... are threshold determinants of the propriety of judicial intervention.\"",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action w... | {
"signal": "see",
"identifier": "609 A.2d 638, 640",
"parenthetical": "subject-matter jurisdiction cannot be waived and can be raised at any time",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action with dismissal for lack of subject... | 3,691,553 | b |
Without standing, the court has no jurisdiction over a petition for declaratory relief. Because standing is a necessary component of the court's subject-matter jurisdiction, it cannot be waived, and its absence can be raised at any time. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that standing cannot be waived and may be asserted at any stage of litigation",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action with dismissal for lack of subject-matt... | {
"signal": "see also",
"identifier": "422 U.S. 490, 517-18",
"parenthetical": "\"The rules of standing ... are threshold determinants of the propriety of judicial intervention.\"",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action w... | 3,691,553 | a |
Without standing, the court has no jurisdiction over a petition for declaratory relief. Because standing is a necessary component of the court's subject-matter jurisdiction, it cannot be waived, and its absence can be raised at any time. | {
"signal": "see also",
"identifier": "422 U.S. 490, 517-18",
"parenthetical": "\"The rules of standing ... are threshold determinants of the propriety of judicial intervention.\"",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action w... | {
"signal": "see",
"identifier": "2006 MT 29, ¶ 16",
"parenthetical": "stating that standing is \"threshold requirement of every case\" and may be raised at any time",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action with dismissal ... | 3,691,553 | b |
Without standing, the court has no jurisdiction over a petition for declaratory relief. Because standing is a necessary component of the court's subject-matter jurisdiction, it cannot be waived, and its absence can be raised at any time. | {
"signal": "see also",
"identifier": "422 U.S. 490, 517-18",
"parenthetical": "\"The rules of standing ... are threshold determinants of the propriety of judicial intervention.\"",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action w... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that standing is \"threshold requirement of every case\" and may be raised at any time",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action with dismissal for lack of su... | 3,691,553 | b |
Without standing, the court has no jurisdiction over a petition for declaratory relief. Because standing is a necessary component of the court's subject-matter jurisdiction, it cannot be waived, and its absence can be raised at any time. | {
"signal": "see also",
"identifier": "422 U.S. 490, 517-18",
"parenthetical": "\"The rules of standing ... are threshold determinants of the propriety of judicial intervention.\"",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action w... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that standing is \"threshold requirement of every case\" and may be raised at any time",
"sentence": "See Brod, 2007 VT 87, ¶ 2 (equating Court’s review of dismissal for lack of standing in declaratory-judgment action with dismissal for lack of su... | 3,691,553 | b |
Even assuming that New York does not require written notification under section 9-504(3), the district court determined that Metlife did not provide adequate oral notification. This determination of a mixed question of law and fact is subject to our review under a deferential standard. | {
"signal": "see",
"identifier": "841 F.2d 166, 170",
"parenthetical": "trial court's determination that defendant had actual notice of prior interest in goods was not clearly erroneous",
"sentence": "See Shacket v. Philko Aviation, Inc., 841 F.2d 166, 170 (7th Cir.1988) (trial court’s determination that defend... | {
"signal": "see also",
"identifier": null,
"parenthetical": "clearly erroneous standard of review is employed for mixed questions of law and fact",
"sentence": "See Shacket v. Philko Aviation, Inc., 841 F.2d 166, 170 (7th Cir.1988) (trial court’s determination that defendant had actual notice of prior interest... | 12,032,817 | a |
Finally, although Wright's dicta relating to pledges obviously should be followed because pledges are addressed by the text of Application Note 7(b),-Wright's dicta relating to "immediate recovery from the actual debtor" should be limited to cover the Chichy-iike situation where a criminal defendant in a fraudulent loa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"the relevant point in time for determining the amount of loss in a fraud case is at the time the crime was detected, rather than at sentencing\"",
"sentence": "See also United States v. Flowers, 55 F.3d 218 (6th Cir.) (“the relevant point in time f... | {
"signal": "see",
"identifier": "74 F.3d 107, 111",
"parenthetical": "refusing to permit a bank loan officer to deduct repayments made within about one month after discovery of the fraud by the bank",
"sentence": "See United States v. Scott, 74 F.3d 107, 111 (6th Cir.1996) (refusing to permit a bank loan offic... | 7,653,450 | b |
Finally, although Wright's dicta relating to pledges obviously should be followed because pledges are addressed by the text of Application Note 7(b),-Wright's dicta relating to "immediate recovery from the actual debtor" should be limited to cover the Chichy-iike situation where a criminal defendant in a fraudulent loa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"the relevant point in time for determining the amount of loss in a fraud case is at the time the crime was detected, rather than at sentencing\"",
"sentence": "See also United States v. Flowers, 55 F.3d 218 (6th Cir.) (“the relevant point in time f... | {
"signal": "see",
"identifier": "74 F.3d 107, 111",
"parenthetical": "refusing to permit a bank loan officer to deduct repayments made within about one month after discovery of the fraud by the bank",
"sentence": "See United States v. Scott, 74 F.3d 107, 111 (6th Cir.1996) (refusing to permit a bank loan offic... | 7,653,450 | b |
Finally, although Wright's dicta relating to pledges obviously should be followed because pledges are addressed by the text of Application Note 7(b),-Wright's dicta relating to "immediate recovery from the actual debtor" should be limited to cover the Chichy-iike situation where a criminal defendant in a fraudulent loa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"the relevant point in time for determining the amount of loss in a fraud case is at the time the crime was detected, rather than at sentencing\"",
"sentence": "See also United States v. Flowers, 55 F.3d 218 (6th Cir.) (“the relevant point in time f... | {
"signal": "see",
"identifier": "74 F.3d 107, 111",
"parenthetical": "refusing to permit a bank loan officer to deduct repayments made within about one month after discovery of the fraud by the bank",
"sentence": "See United States v. Scott, 74 F.3d 107, 111 (6th Cir.1996) (refusing to permit a bank loan offic... | 7,653,450 | b |
We are also concerned about the application of the permit requirement to groups of ten or more persons. We entertain doubt whether applying the permit requirement to such a small group is sufficiently tied to the City's interest in protecting the safety and convenience of citizens who use the public sidewalks and stree... | {
"signal": "see",
"identifier": "312 U.S. 576, 576",
"parenthetical": "recognizing that permit requirement, applied to a \"parade or procession\" of five groups of fifteen to twenty persons, serves the government interest of public convenience",
"sentence": "See Cox, 312 U.S. at 576, 61 S.Ct. at 765-66 (recogn... | {
"signal": "see also",
"identifier": null,
"parenthetical": "comparing the Portland ordinance to the participant requirements of other cities, and concluding that the other cities' ordinances which, in general, had participant requirements of at least 50 persons, \"appear much more narrowly tailored\"",
"sente... | 9,051,301 | a |
We are also concerned about the application of the permit requirement to groups of ten or more persons. We entertain doubt whether applying the permit requirement to such a small group is sufficiently tied to the City's interest in protecting the safety and convenience of citizens who use the public sidewalks and stree... | {
"signal": "see",
"identifier": "312 U.S. 576, 576",
"parenthetical": "recognizing that permit requirement, applied to a \"parade or procession\" of five groups of fifteen to twenty persons, serves the government interest of public convenience",
"sentence": "See Cox, 312 U.S. at 576, 61 S.Ct. at 765-66 (recogn... | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating that even if 24-hour notice requirement were justified for large groups, it sweeps too broadly in regu-lating small groups.",
"sentence": "See also Grossman, 33 F.3d at 1207 n. 13 (comparing the Portland ordinance to the participant requireme... | 9,051,301 | a |
We are also concerned about the application of the permit requirement to groups of ten or more persons. We entertain doubt whether applying the permit requirement to such a small group is sufficiently tied to the City's interest in protecting the safety and convenience of citizens who use the public sidewalks and stree... | {
"signal": "see also",
"identifier": null,
"parenthetical": "comparing the Portland ordinance to the participant requirements of other cities, and concluding that the other cities' ordinances which, in general, had participant requirements of at least 50 persons, \"appear much more narrowly tailored\"",
"sente... | {
"signal": "see",
"identifier": "61 S.Ct. 765, 765-66",
"parenthetical": "recognizing that permit requirement, applied to a \"parade or procession\" of five groups of fifteen to twenty persons, serves the government interest of public convenience",
"sentence": "See Cox, 312 U.S. at 576, 61 S.Ct. at 765-66 (rec... | 9,051,301 | b |
We are also concerned about the application of the permit requirement to groups of ten or more persons. We entertain doubt whether applying the permit requirement to such a small group is sufficiently tied to the City's interest in protecting the safety and convenience of citizens who use the public sidewalks and stree... | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating that even if 24-hour notice requirement were justified for large groups, it sweeps too broadly in regu-lating small groups.",
"sentence": "See also Grossman, 33 F.3d at 1207 n. 13 (comparing the Portland ordinance to the participant requireme... | {
"signal": "see",
"identifier": "61 S.Ct. 765, 765-66",
"parenthetical": "recognizing that permit requirement, applied to a \"parade or procession\" of five groups of fifteen to twenty persons, serves the government interest of public convenience",
"sentence": "See Cox, 312 U.S. at 576, 61 S.Ct. at 765-66 (rec... | 9,051,301 | b |
An unlawful denial of access can occur in many different ways, including delay. | {
"signal": "see",
"identifier": "458 So.2d 1075, 1079",
"parenthetical": "\"The only delay permitted by the Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt.\"",
"sentence": "See, e.g., Tribune Co. v. Cannel... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"An unjustified delay in complying with a public record request amounts to an unlawful refusal under section 119.12(1), Florida Statutes.\"",
"sentence": "See, e.g., Tribune Co. v. Cannella, 458 So.2d 1075, 1079 (Fla.1984) (“The only delay permitted... | 6,896,011 | a |
BJVSD has made no showing that it had an individual legal right relative to the underlying judgment and the complained-of post-judgment orders. | {
"signal": "see also",
"identifier": "533 S.W.2d 923, 927",
"parenthetical": "\"Without breach of a legal right belonging to the plaintiff no cause of action can accrue to his benefit.\"",
"sentence": "See Nauslar, 170 S.W.3d at 249 (holding that only one whose primary legal right has been breached may seek re... | {
"signal": "see",
"identifier": "170 S.W.3d 249, 249",
"parenthetical": "holding that only one whose primary legal right has been breached may seek redress for injury",
"sentence": "See Nauslar, 170 S.W.3d at 249 (holding that only one whose primary legal right has been breached may seek redress for injury); s... | 7,091,684 | b |
Admittedly, this interest did increase due to the 1987 settlement. However, the real issues here are not over the royalty interest itself but rather whether there was a breach of duty to market or, alternatively, whether a take-or-pay settlement should be subject to such royalties at all, both questions of Texas law. | {
"signal": "see also",
"identifier": "94 B.R. 361, 366",
"parenthetical": "\"While it is true that this court approved the agreement, that alone would not confer jurisdiction to resolve all subsequent disputes regardless of their connection to the bankruptcy case\"",
"sentence": "In re Gerken Trucking, Inc., 1... | {
"signal": "no signal",
"identifier": "10 B.R. 203, 205",
"parenthetical": "\"Adoption of the [collective bargaining] agreement in the plan does not result in the Court's retaining jurisdiction over post confirmation controversies relating to that agreement\"",
"sentence": "In re Gerken Trucking, Inc., 10 B.R.... | 6,503,186 | b |
The appellant left the bag in the motel room with his girlfriend, who was alone in the room when law enforcement arrived. The police believed that she had control of the room, and the evidence showed that the appellant intended to reunite with her after the drug transaction. | {
"signal": "see",
"identifier": "936 F.2d 1561, 1570-71",
"parenthetical": "observing that leaving an item in the care of another may refute an intent to abandon it",
"sentence": "See United States v. Morgan, 936 F.2d 1561, 1570-71 (10th Cir.1991) (observing that leaving an item in the care of another may refu... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting in dicta that an owner generally retains a reasonable expectation of privacy even in lost property, subject to the finder's examining it to identify its owner",
"sentence": "See United States v. Morgan, 936 F.2d 1561, 1570-71 (10th Cir.1991) (obser... | 12,173,510 | a |
A losing bidder seeking to interfere with a government procurement must meet a high burden. | {
"signal": "see also",
"identifier": "78 F.3d 1556, 1562",
"parenthetical": "ruling that a \"protester must show not only a significant error in the procurement process, but also that the error prejudiced it.\"",
"sentence": "See, e.g., Banknote Corp., 365 F.3d at 1351; Advanced Data Concepts, Inc. v. United S... | {
"signal": "see",
"identifier": "216 F.3d 1054, 1058",
"parenthetical": "noting that the \"arbitrary and capricious standard ... is highly differential ... [and] requires a reviewing court to sustain an agency action evincing rational reasoning and consideration of relevant factors.\"",
"sentence": "See, e.g.,... | 1,614,857 | b |
For purposes of the Corrupt Organizations Act, it is unnecessary to consider whether these acts are sufficient for conviction of the predicate drug offenses. Indeed, our case law emphasizes that conviction of the predicate offenses is neither required nor necessary in the determination of a violation of the corrupt org... | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding a defendant's conviction for violation of the corrupt organizations statute even though he had been acquitted of the predicate criminal acts",
"sentence": "See also Commonwealth v. Cassidy, 423 Pa.Super. 1, 620 A.2d 9 (1993), appeal denied,... | {
"signal": "see",
"identifier": "806 A.2d 1280, 1287",
"parenthetical": "\"Under the Corrupt Organization Act, an offense could be established by proving, inter alia, that a person received income 'from a pattern of racketeering activity in which he participated as a principal.' 18 Pa.C.S. SS 911(b",
"sentence... | 9,090,974 | b |
For purposes of the Corrupt Organizations Act, it is unnecessary to consider whether these acts are sufficient for conviction of the predicate drug offenses. Indeed, our case law emphasizes that conviction of the predicate offenses is neither required nor necessary in the determination of a violation of the corrupt org... | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding a defendant's conviction for violation of the corrupt organizations statute even though he had been acquitted of the predicate criminal acts",
"sentence": "See also Commonwealth v. Cassidy, 423 Pa.Super. 1, 620 A.2d 9 (1993), appeal denied,... | {
"signal": "see",
"identifier": "806 A.2d 1280, 1287",
"parenthetical": "\"Under the Corrupt Organization Act, an offense could be established by proving, inter alia, that a person received income 'from a pattern of racketeering activity in which he participated as a principal.' 18 Pa.C.S. SS 911(b",
"sentence... | 9,090,974 | b |
For purposes of the Corrupt Organizations Act, it is unnecessary to consider whether these acts are sufficient for conviction of the predicate drug offenses. Indeed, our case law emphasizes that conviction of the predicate offenses is neither required nor necessary in the determination of a violation of the corrupt org... | {
"signal": "see",
"identifier": "806 A.2d 1280, 1287",
"parenthetical": "\"Under the Corrupt Organization Act, an offense could be established by proving, inter alia, that a person received income 'from a pattern of racketeering activity in which he participated as a principal.' 18 Pa.C.S. SS 911(b",
"sentence... | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding a defendant's conviction for violation of the corrupt organizations statute even though he had been acquitted of the predicate criminal acts",
"sentence": "See also Commonwealth v. Cassidy, 423 Pa.Super. 1, 620 A.2d 9 (1993), appeal denied,... | 9,090,974 | a |
For purposes of the Corrupt Organizations Act, it is unnecessary to consider whether these acts are sufficient for conviction of the predicate drug offenses. Indeed, our case law emphasizes that conviction of the predicate offenses is neither required nor necessary in the determination of a violation of the corrupt org... | {
"signal": "see",
"identifier": "806 A.2d 1280, 1287",
"parenthetical": "\"Under the Corrupt Organization Act, an offense could be established by proving, inter alia, that a person received income 'from a pattern of racketeering activity in which he participated as a principal.' 18 Pa.C.S. SS 911(b",
"sentence... | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding a defendant's conviction for violation of the corrupt organizations statute even though he had been acquitted of the predicate criminal acts",
"sentence": "See also Commonwealth v. Cassidy, 423 Pa.Super. 1, 620 A.2d 9 (1993), appeal denied,... | 9,090,974 | a |
Rather, the ALJ detailed at substantial length why he found it lacking compared with the other evidence. This is all that we require when reviewing an administrative law judge's decision for compliance with 20 C.F.R. SS 404.1527(d)(2)'s reasons-giving requirement. | {
"signal": "cf.",
"identifier": "486 F.3d 234, at 245-46",
"parenthetical": "remanding where ALJ did not explain weight given to treating physician's opinion",
"sentence": "See Smith v. Comm’r of Soc. Sec., 482 F.3d 873, 877 (6th Cir.2007) (approving ALJ’s decision declining to give treating sources controllin... | {
"signal": "see",
"identifier": "482 F.3d 873, 877",
"parenthetical": "approving ALJ's decision declining to give treating sources controlling weight where ALJ's decision stated that sources' reports were \"inconsistent with the overall evidence of record\" and sources formed their opinion solely from claimant's... | 5,389,118 | b |
Rather, the ALJ detailed at substantial length why he found it lacking compared with the other evidence. This is all that we require when reviewing an administrative law judge's decision for compliance with 20 C.F.R. SS 404.1527(d)(2)'s reasons-giving requirement. | {
"signal": "see",
"identifier": "482 F.3d 873, 877",
"parenthetical": "approving ALJ's decision declining to give treating sources controlling weight where ALJ's decision stated that sources' reports were \"inconsistent with the overall evidence of record\" and sources formed their opinion solely from claimant's... | {
"signal": "cf.",
"identifier": "478 F.3d 742, 749-50",
"parenthetical": "remanding where ALJ \"entirely failed to address the primary treating source's presumptively supportable opinion\"",
"sentence": "See Smith v. Comm’r of Soc. Sec., 482 F.3d 873, 877 (6th Cir.2007) (approving ALJ’s decision declining to g... | 5,389,118 | a |
Rather, the ALJ detailed at substantial length why he found it lacking compared with the other evidence. This is all that we require when reviewing an administrative law judge's decision for compliance with 20 C.F.R. SS 404.1527(d)(2)'s reasons-giving requirement. | {
"signal": "cf.",
"identifier": "486 F.3d 234, at 245-46",
"parenthetical": "remanding where ALJ did not explain weight given to treating physician's opinion",
"sentence": "See Smith v. Comm’r of Soc. Sec., 482 F.3d 873, 877 (6th Cir.2007) (approving ALJ’s decision declining to give treating sources controllin... | {
"signal": "see",
"identifier": "195 Fed.Appx. 366, 370",
"parenthetical": "approving ALJ decision declining to give treating physician controlling weight where ALJ's decision stated \"that the doctor's overall treatment notes did not support and were not consistent with his conclusory assertion that [the claima... | 5,389,118 | b |
Rather, the ALJ detailed at substantial length why he found it lacking compared with the other evidence. This is all that we require when reviewing an administrative law judge's decision for compliance with 20 C.F.R. SS 404.1527(d)(2)'s reasons-giving requirement. | {
"signal": "see",
"identifier": "195 Fed.Appx. 366, 370",
"parenthetical": "approving ALJ decision declining to give treating physician controlling weight where ALJ's decision stated \"that the doctor's overall treatment notes did not support and were not consistent with his conclusory assertion that [the claima... | {
"signal": "cf.",
"identifier": "478 F.3d 742, 749-50",
"parenthetical": "remanding where ALJ \"entirely failed to address the primary treating source's presumptively supportable opinion\"",
"sentence": "See Smith v. Comm’r of Soc. Sec., 482 F.3d 873, 877 (6th Cir.2007) (approving ALJ’s decision declining to g... | 5,389,118 | a |
Although the definition of cohabitation as set forth in the dissolution judgment is not controlled by SS 46b-86 (b), statutes are a useful source of policy for common-law adjudication, particularly when there is a close relationship between the statutory and common-law subject matters. | {
"signal": "see also",
"identifier": "6 Conn. App. 447, 453-54",
"parenthetical": "statute governing rights of successor corporation following merger used as precedent for determining rights of partnership as successor entity following merger",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1... | {
"signal": "see",
"identifier": "227 Conn. 270, 281-82",
"parenthetical": "Uniform Commercial Code used as statutory source for transactions involving real property",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Acts 1990, No. 90-213, § 46, which amended General Statute... | 247,062 | b |
Although the definition of cohabitation as set forth in the dissolution judgment is not controlled by SS 46b-86 (b), statutes are a useful source of policy for common-law adjudication, particularly when there is a close relationship between the statutory and common-law subject matters. | {
"signal": "see also",
"identifier": null,
"parenthetical": "statute governing rights of successor corporation following merger used as precedent for determining rights of partnership as successor entity following merger",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Ac... | {
"signal": "see",
"identifier": "227 Conn. 270, 281-82",
"parenthetical": "Uniform Commercial Code used as statutory source for transactions involving real property",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Acts 1990, No. 90-213, § 46, which amended General Statute... | 247,062 | b |
Although the definition of cohabitation as set forth in the dissolution judgment is not controlled by SS 46b-86 (b), statutes are a useful source of policy for common-law adjudication, particularly when there is a close relationship between the statutory and common-law subject matters. | {
"signal": "see",
"identifier": "227 Conn. 270, 281-82",
"parenthetical": "Uniform Commercial Code used as statutory source for transactions involving real property",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Acts 1990, No. 90-213, § 46, which amended General Statute... | {
"signal": "see also",
"identifier": null,
"parenthetical": "statute governing rights of successor corporation following merger used as precedent for determining rights of partnership as successor entity following merger",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Ac... | 247,062 | a |
Although the definition of cohabitation as set forth in the dissolution judgment is not controlled by SS 46b-86 (b), statutes are a useful source of policy for common-law adjudication, particularly when there is a close relationship between the statutory and common-law subject matters. | {
"signal": "see",
"identifier": "227 Conn. 270, 281-82",
"parenthetical": "Uniform Commercial Code used as statutory source for transactions involving real property",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Acts 1990, No. 90-213, § 46, which amended General Statute... | {
"signal": "see also",
"identifier": null,
"parenthetical": "statute governing rights of successor corporation following merger used as precedent for determining rights of partnership as successor entity following merger",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Ac... | 247,062 | a |
Although the definition of cohabitation as set forth in the dissolution judgment is not controlled by SS 46b-86 (b), statutes are a useful source of policy for common-law adjudication, particularly when there is a close relationship between the statutory and common-law subject matters. | {
"signal": "see also",
"identifier": "6 Conn. App. 447, 453-54",
"parenthetical": "statute governing rights of successor corporation following merger used as precedent for determining rights of partnership as successor entity following merger",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1... | {
"signal": "see",
"identifier": null,
"parenthetical": "Uniform Commercial Code used as statutory source for transactions involving real property",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Acts 1990, No. 90-213, § 46, which amended General Statutes [Rev. to 1989] § ... | 247,062 | b |
Although the definition of cohabitation as set forth in the dissolution judgment is not controlled by SS 46b-86 (b), statutes are a useful source of policy for common-law adjudication, particularly when there is a close relationship between the statutory and common-law subject matters. | {
"signal": "see",
"identifier": null,
"parenthetical": "Uniform Commercial Code used as statutory source for transactions involving real property",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Acts 1990, No. 90-213, § 46, which amended General Statutes [Rev. to 1989] § ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "statute governing rights of successor corporation following merger used as precedent for determining rights of partnership as successor entity following merger",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Ac... | 247,062 | a |
Although the definition of cohabitation as set forth in the dissolution judgment is not controlled by SS 46b-86 (b), statutes are a useful source of policy for common-law adjudication, particularly when there is a close relationship between the statutory and common-law subject matters. | {
"signal": "see",
"identifier": null,
"parenthetical": "Uniform Commercial Code used as statutory source for transactions involving real property",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Acts 1990, No. 90-213, § 46, which amended General Statutes [Rev. to 1989] § ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "statute governing rights of successor corporation following merger used as precedent for determining rights of partnership as successor entity following merger",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Ac... | 247,062 | a |
Although the definition of cohabitation as set forth in the dissolution judgment is not controlled by SS 46b-86 (b), statutes are a useful source of policy for common-law adjudication, particularly when there is a close relationship between the statutory and common-law subject matters. | {
"signal": "see also",
"identifier": null,
"parenthetical": "statute governing rights of successor corporation following merger used as precedent for determining rights of partnership as successor entity following merger",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Ac... | {
"signal": "see",
"identifier": null,
"parenthetical": "Uniform Commercial Code used as statutory source for transactions involving real property",
"sentence": "Fahy v. Fahy, 227 Conn. 505, 514-15, 630 A.2d 1328 (1993) (use of Public Acts 1990, No. 90-213, § 46, which amended General Statutes [Rev. to 1989] § ... | 247,062 | b |
The district court did not abuse its discretion by denying the Konarskis' motion under Federal Rules of Civil Procedure 59(e) and 60(b)(1) because the Konarskis failed to demonstrate excusable neglect or any other ground for relief. | {
"signal": "see",
"identifier": "5 F.3d 1263, 1263",
"parenthetical": "setting forth grounds for reconsideration under Rules 59(e) and 60(b",
"sentence": "See ACandS, 5 F.3d at 1263 (setting forth grounds for reconsideration under Rules 59(e) and 60(b)); see also Ahanchian v. Xenon Pictures, Inc., 624 F.3d 125... | {
"signal": "see also",
"identifier": "624 F.3d 1253, 1261",
"parenthetical": "setting forth four-factor equitable test for determining whether a party's failure to meet a deadline constitutes \"excusable neglect\"",
"sentence": "See ACandS, 5 F.3d at 1263 (setting forth grounds for reconsideration under Rules ... | 12,408,006 | a |
However, when this same evidence is viewed collectively it supports the trial court's determination that Barry constructively possessed the marijuana beyond a reasonable doubt. The trier-of-fact is "permitted to consider the circumstances surrounding the discovery of the drugs." | {
"signal": "see also",
"identifier": "356 F.3d 831, 837",
"parenthetical": "holding evidence establishing the intent of the defendants to distribute drugs also permits the inference they intended to exercise dominion over them to demonstrate constructive possession",
"sentence": "See also United States v. Lee,... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding drug convictions based on constructive possession of methamphetamine found in the spare tire of a vehicle in light of evidence of a close relationship and drug conspiracy between driver and passenger of the vehicle",
"sentence": "United St... | 9,225,748 | b |
In Zazueta-Carrillo, Vasquez-Lopez and Barragan-Sanchez, we relied on the aliens' previous voluntary departure agreements in rejecting their arguments for relief. | {
"signal": "no signal",
"identifier": "322 F.3d 1173, 1173-74",
"parenthetical": "rejecting alien's argument that the voluntary departure period did not begin until after our review, in light of the \"specific policy\" of voluntary departure to encourage prompt departure",
"sentence": "Zazueta-Carrillo, 322 F.... | {
"signal": "cf.",
"identifier": "502 U.S. 324, 324",
"parenthetical": "holding that \"the Attorney General did not abuse his discretion in denying reopening ... on the basis that respondent failed to satisfactorily explain his previous withdrawal of these claims\"",
"sentence": "Zazueta-Carrillo, 322 F.3d at 1... | 9,228,798 | a |
In Zazueta-Carrillo, Vasquez-Lopez and Barragan-Sanchez, we relied on the aliens' previous voluntary departure agreements in rejecting their arguments for relief. | {
"signal": "no signal",
"identifier": "322 F.3d 1173, 1173-74",
"parenthetical": "rejecting alien's argument that the voluntary departure period did not begin until after our review, in light of the \"specific policy\" of voluntary departure to encourage prompt departure",
"sentence": "Zazueta-Carrillo, 322 F.... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that \"the Attorney General did not abuse his discretion in denying reopening ... on the basis that respondent failed to satisfactorily explain his previous withdrawal of these claims\"",
"sentence": "Zazueta-Carrillo, 322 F.3d at 1173-74 (rejecti... | 9,228,798 | a |
In Zazueta-Carrillo, Vasquez-Lopez and Barragan-Sanchez, we relied on the aliens' previous voluntary departure agreements in rejecting their arguments for relief. | {
"signal": "no signal",
"identifier": "343 F.3d 974, 974",
"parenthetical": "\"While the statute provides some incentives to an alien to apply for voluntary departure and thus avoid removal proceedings and removal, nothing there suggests that an alien who commits to departure in order to avoid such proceedings i... | {
"signal": "cf.",
"identifier": "502 U.S. 324, 324",
"parenthetical": "holding that \"the Attorney General did not abuse his discretion in denying reopening ... on the basis that respondent failed to satisfactorily explain his previous withdrawal of these claims\"",
"sentence": "Zazueta-Carrillo, 322 F.3d at 1... | 9,228,798 | a |
In Zazueta-Carrillo, Vasquez-Lopez and Barragan-Sanchez, we relied on the aliens' previous voluntary departure agreements in rejecting their arguments for relief. | {
"signal": "no signal",
"identifier": "343 F.3d 974, 974",
"parenthetical": "\"While the statute provides some incentives to an alien to apply for voluntary departure and thus avoid removal proceedings and removal, nothing there suggests that an alien who commits to departure in order to avoid such proceedings i... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that \"the Attorney General did not abuse his discretion in denying reopening ... on the basis that respondent failed to satisfactorily explain his previous withdrawal of these claims\"",
"sentence": "Zazueta-Carrillo, 322 F.3d at 1173-74 (rejecti... | 9,228,798 | a |
In Zazueta-Carrillo, Vasquez-Lopez and Barragan-Sanchez, we relied on the aliens' previous voluntary departure agreements in rejecting their arguments for relief. | {
"signal": "no signal",
"identifier": "471 F.2d 760, 760-61",
"parenthetical": "holding that because alien's two previous voluntary departures were the result of implied agreements and were not, therefore, strictly voluntary, they constituted significant departures that precluded a finding of seven years' contin... | {
"signal": "cf.",
"identifier": "502 U.S. 324, 324",
"parenthetical": "holding that \"the Attorney General did not abuse his discretion in denying reopening ... on the basis that respondent failed to satisfactorily explain his previous withdrawal of these claims\"",
"sentence": "Zazueta-Carrillo, 322 F.3d at 1... | 9,228,798 | a |
In Zazueta-Carrillo, Vasquez-Lopez and Barragan-Sanchez, we relied on the aliens' previous voluntary departure agreements in rejecting their arguments for relief. | {
"signal": "no signal",
"identifier": "471 F.2d 760, 760-61",
"parenthetical": "holding that because alien's two previous voluntary departures were the result of implied agreements and were not, therefore, strictly voluntary, they constituted significant departures that precluded a finding of seven years' contin... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that \"the Attorney General did not abuse his discretion in denying reopening ... on the basis that respondent failed to satisfactorily explain his previous withdrawal of these claims\"",
"sentence": "Zazueta-Carrillo, 322 F.3d at 1173-74 (rejecti... | 9,228,798 | a |
Substantial evidence supports the BIA's denial of withholding of removal because Gorbitz Espinoza failed to establish that the Shining Path persecuted him on account of an imputed political opinion. | {
"signal": "see",
"identifier": "293 F.3d 1089, 1094-95",
"parenthetical": "no imputed political opinion where petitioner offered no evidence that his father had a political opinion that could be imputed to petitioner",
"sentence": "See Molina-Estrada v. INS, 293 F.3d 1089, 1094-95 (9th Cir.2002) (no imputed p... | {
"signal": "see also",
"identifier": "232 F.3d 1030, 1030",
"parenthetical": "no imputed political opinion where there was no evidence to show that guerillas imputed a political opinion to petitioner",
"sentence": "See Molina-Estrada v. INS, 293 F.3d 1089, 1094-95 (9th Cir.2002) (no imputed political opinion w... | 3,814,449 | a |
Although this sweeping language is arguably applicable here, the Fifth Circuit, and numerous other courts, have rejected a broad interpretation of Freeporb-McMoRan and have limited its application to cases involving the addition of parties under Rule 25. The case literature supports a finding that a nondiverse interven... | {
"signal": "see also",
"identifier": "462 F.3d 393, 393",
"parenthetical": "\"If a person cannot be made a party under Rule 19(a) because ... joinder would destroy subject-matter jurisdiction, then a federal court must determine whether that person is 'indispensable.' \"",
"sentence": "See, e.g., In re Olympic... | {
"signal": "see",
"identifier": "477 F.3d 7, 7",
"parenthetical": "\"If [the intervenor] is entitled to intervene as a matter of right under Rule 24(a)(2) and is an indispensable party under Rule 19(b",
"sentence": "See, e.g., In re Olympic Mills, 477 F.3d at 7 (“If [the intervenor] is entitled to intervene as... | 3,936,001 | b |
Although this sweeping language is arguably applicable here, the Fifth Circuit, and numerous other courts, have rejected a broad interpretation of Freeporb-McMoRan and have limited its application to cases involving the addition of parties under Rule 25. The case literature supports a finding that a nondiverse interven... | {
"signal": "see also",
"identifier": "462 F.3d 393, 393",
"parenthetical": "\"If a person cannot be made a party under Rule 19(a) because ... joinder would destroy subject-matter jurisdiction, then a federal court must determine whether that person is 'indispensable.' \"",
"sentence": "See, e.g., In re Olympic... | {
"signal": "see",
"identifier": "2009 WL 2032406, at *6",
"parenthetical": "\"Since1 the Court is of the opinion that Intervenors are qualified to intervene as of right under Rule 24, and because their presence would destroy complete diversity, the Court must next determine whether Intervenors are indispensable ... | 3,936,001 | b |
Because the Court has found no triable issues regarding the alleged violations of Plaintiffs Eighth Amendment rights, the Court need not reach any issues regarding qualified immunity. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The better approach to resolving cases in which the defense of qualified immunity is raised is to determine first whether the plaintiff has alleged the deprivation of a constitutional right at all.\"",
"sentence": "See County of Sacramento v. Lewis, 523... | {
"signal": "see also",
"identifier": "533 U.S. 194, 201",
"parenthetical": "\"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.\"",
"sentence": "See County of Sacramento v. Lewis, 523 U.S. 833, 841 n.... | 5,171,790 | a |
Because the Court has found no triable issues regarding the alleged violations of Plaintiffs Eighth Amendment rights, the Court need not reach any issues regarding qualified immunity. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The better approach to resolving cases in which the defense of qualified immunity is raised is to determine first whether the plaintiff has alleged the deprivation of a constitutional right at all.\"",
"sentence": "See County of Sacramento v. Lewis, 523... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.\"",
"sentence": "See County of Sacramento v. Lewis, 523 U.S. 833, 841 n. 5, 118 S.Ct. 1... | 5,171,790 | a |
Because the Court has found no triable issues regarding the alleged violations of Plaintiffs Eighth Amendment rights, the Court need not reach any issues regarding qualified immunity. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The better approach to resolving cases in which the defense of qualified immunity is raised is to determine first whether the plaintiff has alleged the deprivation of a constitutional right at all.\"",
"sentence": "See County of Sacramento v. Lewis, 523... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.\"",
"sentence": "See County of Sacramento v. Lewis, 523 U.S. 833, 841 n. 5, 118 S.Ct. 1... | 5,171,790 | a |
Because the Court has found no triable issues regarding the alleged violations of Plaintiffs Eighth Amendment rights, the Court need not reach any issues regarding qualified immunity. | {
"signal": "see also",
"identifier": "533 U.S. 194, 201",
"parenthetical": "\"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.\"",
"sentence": "See County of Sacramento v. Lewis, 523 U.S. 833, 841 n.... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The better approach to resolving cases in which the defense of qualified immunity is raised is to determine first whether the plaintiff has alleged the deprivation of a constitutional right at all.\"",
"sentence": "See County of Sacramento v. Lewis, 523... | 5,171,790 | b |
Because the Court has found no triable issues regarding the alleged violations of Plaintiffs Eighth Amendment rights, the Court need not reach any issues regarding qualified immunity. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.\"",
"sentence": "See County of Sacramento v. Lewis, 523 U.S. 833, 841 n. 5, 118 S.Ct. 1... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The better approach to resolving cases in which the defense of qualified immunity is raised is to determine first whether the plaintiff has alleged the deprivation of a constitutional right at all.\"",
"sentence": "See County of Sacramento v. Lewis, 523... | 5,171,790 | b |
Because the Court has found no triable issues regarding the alleged violations of Plaintiffs Eighth Amendment rights, the Court need not reach any issues regarding qualified immunity. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.\"",
"sentence": "See County of Sacramento v. Lewis, 523 U.S. 833, 841 n. 5, 118 S.Ct. 1... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The better approach to resolving cases in which the defense of qualified immunity is raised is to determine first whether the plaintiff has alleged the deprivation of a constitutional right at all.\"",
"sentence": "See County of Sacramento v. Lewis, 523... | 5,171,790 | b |
Because the Court has found no triable issues regarding the alleged violations of Plaintiffs Eighth Amendment rights, the Court need not reach any issues regarding qualified immunity. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The better approach to resolving cases in which the defense of qualified immunity is raised is to determine first whether the plaintiff has alleged the deprivation of a constitutional right at all.\"",
"sentence": "See County of Sacramento v. Lewis, 523... | {
"signal": "see also",
"identifier": "533 U.S. 194, 201",
"parenthetical": "\"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.\"",
"sentence": "See County of Sacramento v. Lewis, 523 U.S. 833, 841 n.... | 5,171,790 | a |
Because the Court has found no triable issues regarding the alleged violations of Plaintiffs Eighth Amendment rights, the Court need not reach any issues regarding qualified immunity. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The better approach to resolving cases in which the defense of qualified immunity is raised is to determine first whether the plaintiff has alleged the deprivation of a constitutional right at all.\"",
"sentence": "See County of Sacramento v. Lewis, 523... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.\"",
"sentence": "See County of Sacramento v. Lewis, 523 U.S. 833, 841 n. 5, 118 S.Ct. 1... | 5,171,790 | a |
Because the Court has found no triable issues regarding the alleged violations of Plaintiffs Eighth Amendment rights, the Court need not reach any issues regarding qualified immunity. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.\"",
"sentence": "See County of Sacramento v. Lewis, 523 U.S. 833, 841 n. 5, 118 S.Ct. 1... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The better approach to resolving cases in which the defense of qualified immunity is raised is to determine first whether the plaintiff has alleged the deprivation of a constitutional right at all.\"",
"sentence": "See County of Sacramento v. Lewis, 523... | 5,171,790 | b |
The fact that we have taken judicial notice of the reliability of the technique of DNA profiling does not mean that expert testimony concerning DNA profiling is automatically admissible under Daubert. A number of courts have required that the trial court further inquire into whether the expert properly performed the te... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that admissibility conditioned on a finding that the expert properly performed the protocols underlying DNA profiling",
"sentence": "See People v. Castro, 144 Misc.2d 956, 545 N.Y.S.2d 545 (Sup.Ct.1989) (holding that admissibility conditioned on a... | {
"signal": "but see",
"identifier": "955 F.2d 800, 800",
"parenthetical": "court should inquire as to whether the protocols were properly performed, but this issue should generally go to the weight rather than admissibility of the evidence",
"sentence": "See People v. Castro, 144 Misc.2d 956, 545 N.Y.S.2d 545 ... | 10,516,691 | a |
The fact that we have taken judicial notice of the reliability of the technique of DNA profiling does not mean that expert testimony concerning DNA profiling is automatically admissible under Daubert. A number of courts have required that the trial court further inquire into whether the expert properly performed the te... | {
"signal": "but see",
"identifier": "955 F.2d 800, 800",
"parenthetical": "court should inquire as to whether the protocols were properly performed, but this issue should generally go to the weight rather than admissibility of the evidence",
"sentence": "See People v. Castro, 144 Misc.2d 956, 545 N.Y.S.2d 545 ... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that admissibility conditioned on a finding that the expert properly performed the protocols underlying DNA profiling",
"sentence": "See People v. Castro, 144 Misc.2d 956, 545 N.Y.S.2d 545 (Sup.Ct.1989) (holding that admissibility conditioned on a... | 10,516,691 | b |
The absence of the word "knowingly" in subsection (4)(b) does not, however, mean that the subsection does not have a knowledge requirement. Florida courts will ordinarily presume that the Legislature intends statutes defining a criminal violation to contain a knowledge requirement absent an express indication of a cont... | {
"signal": "see also",
"identifier": null,
"parenthetical": "criminal statutes, such as computer pornography statutes, are presumed to include broadly applicable scienter requirements in absence of express contrary intent",
"sentence": "Wegner v. State, 928 So.2d 436, 439 (Fla. 2d DCA 2006) (statute imposing c... | {
"signal": "no signal",
"identifier": "928 So.2d 436, 439",
"parenthetical": "statute imposing criminal liability on person who receives computer transmissions of descriptive or identifying information about minor for purpose of facilitating sexual conduct with minor would be construed as requiring knowledge by ... | 7,333,596 | b |
See Rule 403, SCRE (stating that evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice). This evidence was highly prejudicial and not harmless. | {
"signal": "see",
"identifier": "379 S.C. 26, 26",
"parenthetical": "noting the admission of prior bad act evidence when the offender was unsubstantiated was not harmless error because the identity of the perpetrator was the essential issue at trial",
"sentence": "See Fletcher, 379 S.C. at 26, 664 S.E.2d at 48... | {
"signal": "see also",
"identifier": "372 S.C. 218, 218-19",
"parenthetical": "reversing a death penalty conviction due to unfair prejudice pursuant to Rule 403, SCRE, when the trial court admitted evidence of the victim's spiral leg fracture at age ten-weeks despite the fact that the prior injury was, by all ac... | 3,870,997 | a |
See Rule 403, SCRE (stating that evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice). This evidence was highly prejudicial and not harmless. | {
"signal": "see",
"identifier": "379 S.C. 26, 26",
"parenthetical": "noting the admission of prior bad act evidence when the offender was unsubstantiated was not harmless error because the identity of the perpetrator was the essential issue at trial",
"sentence": "See Fletcher, 379 S.C. at 26, 664 S.E.2d at 48... | {
"signal": "see also",
"identifier": "641 S.E.2d 879, 879",
"parenthetical": "reversing a death penalty conviction due to unfair prejudice pursuant to Rule 403, SCRE, when the trial court admitted evidence of the victim's spiral leg fracture at age ten-weeks despite the fact that the prior injury was, by all acc... | 3,870,997 | a |
See Rule 403, SCRE (stating that evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice). This evidence was highly prejudicial and not harmless. | {
"signal": "see",
"identifier": "664 S.E.2d 484, 484",
"parenthetical": "noting the admission of prior bad act evidence when the offender was unsubstantiated was not harmless error because the identity of the perpetrator was the essential issue at trial",
"sentence": "See Fletcher, 379 S.C. at 26, 664 S.E.2d a... | {
"signal": "see also",
"identifier": "372 S.C. 218, 218-19",
"parenthetical": "reversing a death penalty conviction due to unfair prejudice pursuant to Rule 403, SCRE, when the trial court admitted evidence of the victim's spiral leg fracture at age ten-weeks despite the fact that the prior injury was, by all ac... | 3,870,997 | a |
See Rule 403, SCRE (stating that evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice). This evidence was highly prejudicial and not harmless. | {
"signal": "see also",
"identifier": "641 S.E.2d 879, 879",
"parenthetical": "reversing a death penalty conviction due to unfair prejudice pursuant to Rule 403, SCRE, when the trial court admitted evidence of the victim's spiral leg fracture at age ten-weeks despite the fact that the prior injury was, by all acc... | {
"signal": "see",
"identifier": "664 S.E.2d 484, 484",
"parenthetical": "noting the admission of prior bad act evidence when the offender was unsubstantiated was not harmless error because the identity of the perpetrator was the essential issue at trial",
"sentence": "See Fletcher, 379 S.C. at 26, 664 S.E.2d a... | 3,870,997 | b |
Such language is inflammatory, particularly to the extent that it attributes improper motives to Appellants. Thus, we admonish counsel to refrain from needlessly inflaming the passions of the jury. | {
"signal": "see also",
"identifier": "11 A.3d 939, 939",
"parenthetical": "recognizing a \"central premise that negligence concepts have no place in Pennsylvania's strict liability law\"",
"sentence": "See Young, 761 A.2d at 563 (noting that “an appeal to passion or prejudice is improper and will not be counte... | {
"signal": "see",
"identifier": "761 A.2d 563, 563",
"parenthetical": "noting that \"an appeal to passion or prejudice is improper and will not be countenanced\" and equating a verdict obtained by such arguments to \"one obtained by false testimony\"",
"sentence": "See Young, 761 A.2d at 563 (noting that “an a... | 6,891,264 | b |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.