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 Government's efforts to identify a sufficient connection are unpersuasive. And indeed our Court (albeit in non-prece-dential opinions), disconnects adverse credibility from China's family planning policy. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "reversing Board's denial of a motion to reopen, based on adverse credibility finding, in light of a new translation of a sterilization certificate and an affidavit by Dr. Aird",
"sentence": "See, e.g., Cai v. Ashcroft, 63 Fed. Appx. 625 (3d Cir.2003) (rem... | {
"signal": "see",
"identifier": null,
"parenthetical": "remanding to the Board for reconsideration of a denial of asylum based on China's family planning policy where the petitioner, whom the IJ found lacked credibility, had two children at the time of filing and four at the time of her motion for reconsideratio... | 9,153,221 | b |
As an arm of the State, CVCC is immune from claims brought by Pittman pursuant to 42 U.S.C. SS 1981 and 42 U.S.C. SS 1983. CVCC's immunity stems from the State's Eleventh Amendment immunity. A plaintiff is precluded from directly suing a State in federal court on these claims. | {
"signal": "see",
"identifier": "440 U.S. 332, 350",
"parenthetical": "holding that SS 1983 does not override a State's Eleventh Amendment immunity",
"sentence": "See Quern v. Jordan, 440 U.S. 332, 350, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979)(holding that § 1983 does not override a State’s Eleventh Amendment immu... | {
"signal": "see also",
"identifier": "183 F.3d 506, 512",
"parenthetical": "recognizing that claims against a State under SS 1981 are barred by the Eleventh Amendment",
"sentence": "See Quern v. Jordan, 440 U.S. 332, 350, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979)(holding that § 1983 does not override a State’s Elev... | 3,801,747 | a |
As an arm of the State, CVCC is immune from claims brought by Pittman pursuant to 42 U.S.C. SS 1981 and 42 U.S.C. SS 1983. CVCC's immunity stems from the State's Eleventh Amendment immunity. A plaintiff is precluded from directly suing a State in federal court on these claims. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that SS 1983 does not override a State's Eleventh Amendment immunity",
"sentence": "See Quern v. Jordan, 440 U.S. 332, 350, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979)(holding that § 1983 does not override a State’s Eleventh Amendment immunity); see also... | {
"signal": "see also",
"identifier": "183 F.3d 506, 512",
"parenthetical": "recognizing that claims against a State under SS 1981 are barred by the Eleventh Amendment",
"sentence": "See Quern v. Jordan, 440 U.S. 332, 350, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979)(holding that § 1983 does not override a State’s Elev... | 3,801,747 | a |
As an arm of the State, CVCC is immune from claims brought by Pittman pursuant to 42 U.S.C. SS 1981 and 42 U.S.C. SS 1983. CVCC's immunity stems from the State's Eleventh Amendment immunity. A plaintiff is precluded from directly suing a State in federal court on these claims. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that SS 1983 does not override a State's Eleventh Amendment immunity",
"sentence": "See Quern v. Jordan, 440 U.S. 332, 350, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979)(holding that § 1983 does not override a State’s Eleventh Amendment immunity); see also... | {
"signal": "see also",
"identifier": "183 F.3d 506, 512",
"parenthetical": "recognizing that claims against a State under SS 1981 are barred by the Eleventh Amendment",
"sentence": "See Quern v. Jordan, 440 U.S. 332, 350, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979)(holding that § 1983 does not override a State’s Elev... | 3,801,747 | a |
We decline to decide this case on the mere possibility that the Board can and will assume that authority and then will exercise it in defendant's case. | {
"signal": "see",
"identifier": "301 Or 129, 133-34",
"parenthetical": "challenge to expired agency rule dismissed as moot even though agency could readopt the rule at \" 'any time it chooses' \"",
"sentence": "See Hay v. Dept. of Transportation, 301 Or 129, 133-34, 719 P2d 860 (1986) (challenge to expired age... | {
"signal": "see also",
"identifier": "315 Or 406, 406-07",
"parenthetical": "challenge to PSRB order keeping petitioner confined in Oregon State Hospital moot after petitioner released from supervision even though state might later attempt to assess costs for his care during the time petitioner claimed he was wr... | 2,214,494 | a |
We decline to decide this case on the mere possibility that the Board can and will assume that authority and then will exercise it in defendant's case. | {
"signal": "see",
"identifier": "301 Or 129, 133-34",
"parenthetical": "challenge to expired agency rule dismissed as moot even though agency could readopt the rule at \" 'any time it chooses' \"",
"sentence": "See Hay v. Dept. of Transportation, 301 Or 129, 133-34, 719 P2d 860 (1986) (challenge to expired age... | {
"signal": "see also",
"identifier": "236 Or 366, 368",
"parenthetical": "mandamus proceeding that prosecutor brought to force judge to impose five-year sentence on defendant rather than two-year probation dismissed as moot after defendant violated terms of probation and judge imposed five-year sentence",
"sen... | 2,214,494 | a |
"[T]he Good Samaritan rule does not impose liability for merely negligent failure to confer a benefit, but only for negligently making matters worse." | {
"signal": "no signal",
"identifier": "968 F.2d 1430, 1434",
"parenthetical": "rejecting a claim that the Air Force violated the Good Samaritan Rule when it negligently waited four hours to send a helicopter to rescue a drowning swimmer because there was no evidence that the negligence worsened his position, but... | {
"signal": "see",
"identifier": "306 F.2d 186, 186",
"parenthetical": "holding that the worsening test was met where a fateful error of a Coast Guard message center lulled a would-be rescuer into believing a fishing vessel was safe",
"sentence": "Rodrigue v. United States, 968 F.2d 1430, 1434 (1st Cir.1992) (r... | 11,231,972 | a |
. Although the government's brief does not acknowledge a difference between the terms "intent" and "motive," its arguments are inapplicable to the motive exception under Rule 404(b). We have long held that evidence of motive requires more than a general propensity to commit a type of crime but rather a motive to commit... | {
"signal": "cf.",
"identifier": "690 F.2d 704, 708-09",
"parenthetical": "finding evidence of prior sexual acts between victim and defendant to be admissible as motive evidence for kidnapping",
"sentence": "See United States v. Brown, 880 F.2d 1012, 1015 (9th Cir.1989) (finding evidence of \"thrill from creati... | {
"signal": "see",
"identifier": "880 F.2d 1012, 1015",
"parenthetical": "finding evidence of \"thrill from creating violence\" to be inadmissible as motive evidence for murder charge",
"sentence": "See United States v. Brown, 880 F.2d 1012, 1015 (9th Cir.1989) (finding evidence of \"thrill from creating violen... | 11,684,518 | b |
To make out a prima facie case of racial discrimination under the indirect method of proof, plaintiffs must (among other things) identify an adverse employment action. | {
"signal": "see also",
"identifier": "245 F.3d 1232, 1238-39",
"parenthetical": "noting that courts have talked about materiality in different ways but noting that to qualify as a change to \"terms, conditions, or privileges\" of employment within Title VII's meaning requires an impact on plaintiffs job \"in a r... | {
"signal": "no signal",
"identifier": "581 F.3d 575, 578",
"parenthetical": "burden-shifting analysis generally works the same under Title VII and SS 1981",
"sentence": "McGowan v. Deere & Co., 581 F.3d 575, 578 (7th Cir.2009) (burden-shifting analysis generally works the same under Title VII and § 1981). To q... | 3,750,143 | b |
Because Vasquez-Rivera's failure to demonstrate continuous physical presence is dispositive, we need not reach his contentions regarding the IJ's hardship determination. | {
"signal": "see",
"identifier": "327 F.3d 887, 889",
"parenthetical": "\"[cjancellation of removal ... is based on statutory predicates that must first be met\"",
"sentence": "See 8 U.S.C. § 1229b(b)(l); Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir.2003) (“[cjancellation of removal ... is based on sta... | {
"signal": "cf.",
"identifier": "287 F.3d 758, 760",
"parenthetical": "holding that where requirements for relief \"are conjunctive, failure to meet any one of them is fatal\"",
"sentence": "See 8 U.S.C. § 1229b(b)(l); Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir.2003) (“[cjancellation of removal ... ... | 4,170,227 | a |
The Ninth Circuit has nevertheless recognized that prisoners do retain limited rights to bodily privacy under the Fourth Amendment. | {
"signal": "see also",
"identifier": "986 F.2d 1521, 1524",
"parenthetical": "\"The Fourth Amendment guarantees the right of the people to be secure against unreasonable searches, and its protections are not extinguished upon incarceration.\"",
"sentence": "Michenfelder v. Sumner, 860 F.2d 328, 333-34 (9th Cir... | {
"signal": "no signal",
"identifier": "860 F.2d 328, 333-34",
"parenthetical": "\"We recognize that incarcerated prisoners retain a limited right to bodily privacy.\"",
"sentence": "Michenfelder v. Sumner, 860 F.2d 328, 333-34 (9th Cir.1988) (“We recognize that incarcerated prisoners retain a limited right to ... | 8,959,524 | b |
Accordingly, a departure under Section 4A1.3 that is premised upon the similarity between Hewitt's past criminal conduct and his current offense, if invoked in tandem with the criminal livelihood enhancement of Section 4B1.3, would doubly punish defendant for the common nature of his criminal acts, and do so in further... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting hypothetical instance of impermissible \"double counting\" to add points to criminal history calculus",
"sentence": "See U.S. v. Cervantes, 878 F.2d 50, 55 n. 3 (2d Cir.1989) (noting hypothetical instance of impermissible “double counting” to add p... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting, without considering validity of, several Connecticut district courts holding that due process is violated by Parole Commission decisions that \"confine a prisoner beyond the applicable guideline for the same reason used to select the prisoner's guid... | 572,107 | a |
Nothing in the Code, however, provides that an adjudicatory hearing may not go forward if the child's parent, guardian, or legal custodian declines to attend the hearing. Thus, so long as a child's legal custodian is afforded his right to notice of all delinquency proceedings, he may waive his right to be present and t... | {
"signal": "see also",
"identifier": "280 Ga. 693, 694",
"parenthetical": "husband in a divorce proceeding waived his right to be present and to be heard at trial where he \"was properly informed and had actual knowledge of the trial date, but... chose not to participate\"",
"sentence": "See also Cormier v. Co... | {
"signal": "see",
"identifier": "291 Ga. 380, 385",
"parenthetical": "\"[l]ike most other rights, the right to be present may be waived or forfeited by a party\"",
"sentence": "See Kesterson v. Jarrett, 291 Ga. 380, 385 (2) (b) (728 SE2d 557) (2012) (“[l]ike most other rights, the right to be present may be wa... | 4,364,776 | b |
Nothing in the Code, however, provides that an adjudicatory hearing may not go forward if the child's parent, guardian, or legal custodian declines to attend the hearing. Thus, so long as a child's legal custodian is afforded his right to notice of all delinquency proceedings, he may waive his right to be present and t... | {
"signal": "see",
"identifier": "291 Ga. 380, 385",
"parenthetical": "\"[l]ike most other rights, the right to be present may be waived or forfeited by a party\"",
"sentence": "See Kesterson v. Jarrett, 291 Ga. 380, 385 (2) (b) (728 SE2d 557) (2012) (“[l]ike most other rights, the right to be present may be wa... | {
"signal": "see also",
"identifier": "246 Ga. App. 85, 86",
"parenthetical": "despite the fact that the mother was a party to the proceeding to terminate her parental rights, she could nevertheless \"waive the right to be present during trial proceedings by voluntarily absenting herself from the court\"",
"sen... | 4,364,776 | a |
In this case, Rivas claims that the defendants detained her for longer than they had authority to. Allegations of detention without authority can support a claim of violation of constitutional rights. | {
"signal": "cf.",
"identifier": "255 F.3d 1, 4",
"parenthetical": "\"We nonetheless wish to note that aliens arrested for status offenses are not without protection from excessively long detentions.\"",
"sentence": "Armstrong v. Squadrito, 152 F.3d 564, 578 (7th Cir.1998) (“In a consti tutional sense, how much... | {
"signal": "no signal",
"identifier": "152 F.3d 564, 578",
"parenthetical": "\"In a consti tutional sense, how much more basic could it get -- jails cannot confine people without authority to do so.\"",
"sentence": "Armstrong v. Squadrito, 152 F.3d 564, 578 (7th Cir.1998) (“In a consti tutional sense, how much... | 4,241,239 | b |
The Thompsons further argue that the receiver had no standing to pursue expansion of the receivership because it was not a party to the lawsuits. A receiver is generally not considered a "party" to a lawsuit. The role of a receiver is to act as a fiduciary representing the court and all parties in interest, and the pur... | {
"signal": "see also",
"identifier": "340 N.W.2d 866, 869",
"parenthetical": "stating that \"a receiver's powers are defined by the orders of the court and include authority as may reasonably or necessarily be implied for such orders\"",
"sentence": "Shadewald v. White, 74 Minn. 208, 208, 77 N.W. 42, 42 (1898)... | {
"signal": "no signal",
"identifier": "74 Minn. 208, 208",
"parenthetical": "stating that \"a receiver occupies a fiduciary relation, and is trustee for all parties interested in the property [entrusted to his charge by the court\"",
"sentence": "Shadewald v. White, 74 Minn. 208, 208, 77 N.W. 42, 42 (1898) (st... | 7,085,751 | b |
The Thompsons further argue that the receiver had no standing to pursue expansion of the receivership because it was not a party to the lawsuits. A receiver is generally not considered a "party" to a lawsuit. The role of a receiver is to act as a fiduciary representing the court and all parties in interest, and the pur... | {
"signal": "no signal",
"identifier": "77 N.W. 42, 42",
"parenthetical": "stating that \"a receiver occupies a fiduciary relation, and is trustee for all parties interested in the property [entrusted to his charge by the court\"",
"sentence": "Shadewald v. White, 74 Minn. 208, 208, 77 N.W. 42, 42 (1898) (stati... | {
"signal": "see also",
"identifier": "340 N.W.2d 866, 869",
"parenthetical": "stating that \"a receiver's powers are defined by the orders of the court and include authority as may reasonably or necessarily be implied for such orders\"",
"sentence": "Shadewald v. White, 74 Minn. 208, 208, 77 N.W. 42, 42 (1898)... | 7,085,751 | a |
(See Doc. No. 48 Ex. E.) The total value of those items, however, was only $71,643.27 (id), a calculation the Martins subsequently reaffirmed in their answers to State Farm's interrogatories. (Doc. No. 55 Ex. A.) The Court will not permit them to now rely on self-serving, contradictory Affidavits in an attempt to justi... | {
"signal": "see also",
"identifier": "41 F.3d 389, 389",
"parenthetical": "\"In determining the amount in controversy ..., answers to interrogatories serve as the equivalent of affidavits to either support or defeat diversity jurisdiction.\"",
"sentence": "See Frevert v. Ford Motor Co., 614 F.3d 466, 474 (8th ... | {
"signal": "see",
"identifier": "614 F.3d 466, 474",
"parenthetical": "affidavit contradicting prior response to interrogatories is \"self-serving\" and need not be considered",
"sentence": "See Frevert v. Ford Motor Co., 614 F.3d 466, 474 (8th Cir.2010) (affidavit contradicting prior response to interrogatori... | 3,975,239 | b |
(See Doc. No. 48 Ex. E.) The total value of those items, however, was only $71,643.27 (id), a calculation the Martins subsequently reaffirmed in their answers to State Farm's interrogatories. (Doc. No. 55 Ex. A.) The Court will not permit them to now rely on self-serving, contradictory Affidavits in an attempt to justi... | {
"signal": "see also",
"identifier": "41 F.3d 389, 389",
"parenthetical": "\"In determining the amount in controversy ..., answers to interrogatories serve as the equivalent of affidavits to either support or defeat diversity jurisdiction.\"",
"sentence": "See Frevert v. Ford Motor Co., 614 F.3d 466, 474 (8th ... | {
"signal": "see",
"identifier": "486 F.3d 349, 349",
"parenthetical": "\"[T]he existence of the required amount in controversy ... must ... be supported by competent proof.\"",
"sentence": "See Frevert v. Ford Motor Co., 614 F.3d 466, 474 (8th Cir.2010) (affidavit contradicting prior response to interrogatorie... | 3,975,239 | b |
.Appellant did not introduce any evidence at trial. Specifically, he did not produce any evidence to suggest that Davi-la's assailant fired inadvertently or intended a result other than Davila's death. We determine, on this record, that there is no evidence that would permit a jury rationally to find that Davila's assa... | {
"signal": "cf.",
"identifier": "866 S.W.2d 210, 215",
"parenthetical": "\"Intent to kill may be inferred from the use of a deadly weapon in a deadly manner\"",
"sentence": "See Threadgill, 146 S.W.3d at 665 (trial court did not abuse its discretion in concluding that there was no evidence that would permit a ... | {
"signal": "see",
"identifier": "146 S.W.3d 665, 665",
"parenthetical": "trial court did not abuse its discretion in concluding that there was no evidence that would permit a jury rationally to find that appellant did not intend to kill his victim where the evidence showed that defendant ran up to a car, leaned ... | 6,857,347 | b |
Parol evidence such as that described above, however, cannot be considered in the face of an unambiguous, written guaranty agreement. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The cases are legion that a complete and unambiguous instrument cannot be varied or. contradicted by reliance upon inconsistent parol statements.\"",
"sentence": "See Rizk v. Jones, 148 Ga.App. 473, 251 S.E.2d 360, 361 (1978) (“The cases are legion that... | {
"signal": "see also",
"identifier": "635 F.2d 365, 368",
"parenthetical": "\"Ordinarily, we should glean the contract's meaning without resorting to extrinsic evidence in accordance with the principle that the language of an agreement, unless ambiguous, best represents the intention of the parties.\"",
"sente... | 9,486,862 | a |
Parol evidence such as that described above, however, cannot be considered in the face of an unambiguous, written guaranty agreement. | {
"signal": "see",
"identifier": "251 S.E.2d 360, 361",
"parenthetical": "\"The cases are legion that a complete and unambiguous instrument cannot be varied or. contradicted by reliance upon inconsistent parol statements.\"",
"sentence": "See Rizk v. Jones, 148 Ga.App. 473, 251 S.E.2d 360, 361 (1978) (“The case... | {
"signal": "see also",
"identifier": "635 F.2d 365, 368",
"parenthetical": "\"Ordinarily, we should glean the contract's meaning without resorting to extrinsic evidence in accordance with the principle that the language of an agreement, unless ambiguous, best represents the intention of the parties.\"",
"sente... | 9,486,862 | a |
Parol evidence such as that described above, however, cannot be considered in the face of an unambiguous, written guaranty agreement. | {
"signal": "see also",
"identifier": "635 F.2d 365, 368",
"parenthetical": "\"Ordinarily, we should glean the contract's meaning without resorting to extrinsic evidence in accordance with the principle that the language of an agreement, unless ambiguous, best represents the intention of the parties.\"",
"sente... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Where the terms of a written contract are clear and unambiguous, the court will look to the contract alone to the find the intention of the parties.\"",
"sentence": "See Rizk v. Jones, 148 Ga.App. 473, 251 S.E.2d 360, 361 (1978) (“The cases are legion t... | 9,486,862 | b |
Parol evidence such as that described above, however, cannot be considered in the face of an unambiguous, written guaranty agreement. | {
"signal": "see",
"identifier": "359 S.E.2d 659, 661",
"parenthetical": "\"Where the terms of a written contract are clear and unambiguous, the court will look to the contract alone to the find the intention of the parties.\"",
"sentence": "See Rizk v. Jones, 148 Ga.App. 473, 251 S.E.2d 360, 361 (1978) (“The c... | {
"signal": "see also",
"identifier": "635 F.2d 365, 368",
"parenthetical": "\"Ordinarily, we should glean the contract's meaning without resorting to extrinsic evidence in accordance with the principle that the language of an agreement, unless ambiguous, best represents the intention of the parties.\"",
"sente... | 9,486,862 | a |
Even assuming that Heck does not bar Victory's revocation claims, dismissal was nonetheless proper. Victory has not alleged that he was denied any constitutional or federal right at his revocation proceedings. | {
"signal": "see",
"identifier": "171 F.3d 757, 761",
"parenthetical": "\"[Pjarole board officials, like judges, are entitled to absolute immunity from suit for damages when they serve a quasi-adjudicative function in deciding whether to ... revoke parole.\"",
"sentence": "See Montero v. Travis, 171 F.3d 757, 7... | {
"signal": "see also",
"identifier": "23 F.3d 652, 658",
"parenthetical": "explaining that absolute immunity often bars due process damages claims by individuals serving invalidated sentences",
"sentence": "See Montero v. Travis, 171 F.3d 757, 761 (2d Cir.1999) (“[Pjarole board officials, like judges, are enti... | 4,152,906 | a |
Very few courts in the Virgin Islands have applied Section 3. Before Banks, a few District Court cases have applied Section 3. | {
"signal": "no signal",
"identifier": "49 V.I. 826, 834",
"parenthetical": "Section 3 applicable where Plaintiffs were unable to prove that water was defective",
"sentence": "Mendez v. Hovensa, L.L.C., 49 V.I. 826, 834 (D.V.I. 2008) (Section 3 applicable where Plaintiffs were unable to prove that water was def... | {
"signal": "see also",
"identifier": "726 F.2d 121, 124",
"parenthetical": "acknowledging that plaintiff, through the use of circumstantial evidence, may establish the defect \"by showing an unexplained occurrence and eliminating all reasonable explanations for the occurrence other than the existence of a defect... | 12,454,727 | a |
Third, the district court did not err in denying appellant's request to represent himself, finding that such requests were delaying tactics. | {
"signal": "see",
"identifier": "874 F.2d 669, 675",
"parenthetical": "noting that if the \"request [to proceed pro se] is part of a pattern of dilatory activity, the court has the discretion to deny the continuance and require the defendant to proceed to trial on the scheduled date either with the counsel desig... | {
"signal": "see also",
"identifier": "921 F.2d 882, 888",
"parenthetical": "holding the request to represent oneself to be untimely because it was made only after a motion for substitute counsel and new trial was denied",
"sentence": "See United States v. Flewitt, 874 F.2d 669, 675 (9th Cir.1989) (noting that ... | 5,419,159 | a |
Defendants are warranted in their concern that providing ready access to fire, hot rocks, and an enclosed area inaccessible to outside view would compromise the safety and security of the Treatment Center. | {
"signal": "see",
"identifier": "534 F.3d 931, 939",
"parenthetical": "DOC prohibition on sweat lodge was in furtherance of compelling government interest",
"sentence": "See Fowler v. Crawford, 534 F.3d 931, 939 (8th Cir. 2008) (DOC prohibition on sweat lodge was in furtherance of compelling government interes... | {
"signal": "see also",
"identifier": "2008 WL 5412264, at *4",
"parenthetical": "denying prisoner request for sweat lodge based on legitimate penological interests in maintaining security and safety",
"sentence": "See Fowler v. Crawford, 534 F.3d 931, 939 (8th Cir. 2008) (DOC prohibition on sweat lodge was in ... | 7,341,907 | a |
According to Defendants, Dr. Liu's employment agreement constitutes an "automatic" assignment that, upon conception, immediately assigned his inventions to the University of Washington with no further required action on his part. | {
"signal": "see also",
"identifier": "601 F.3d 1319, 1326",
"parenthetical": "holding that the contractual language \"employee assigns [his inventions]\" has the effect of \"expressly granting] rights with no further action needed on the part of the employee[ ]\"",
"sentence": "See Speedplay, Inc. v. Bebop, In... | {
"signal": "see",
"identifier": "211 F.3d 1245, 1253",
"parenthetical": "holding agreement stating inventions' \"shall belong,\" and that employee \"hereby conveys, transfers and assigns\" to its employer, constitutes an automatic assignment",
"sentence": "See Speedplay, Inc. v. Bebop, Inc., 211 F.3d 1245, 125... | 4,181,656 | b |
If the City was required to install additional amenities under such circumstances, it would be required to install those amenities at virtually every City bus stop in an attempt to prevent all crime at those locations. This is not what the law requires. | {
"signal": "cf.",
"identifier": "189 Ariz. 212, 212",
"parenthetical": "holding summary judgment was inappropriate because defendant knew of gang incursions involving drugs and other criminal acts and could have taken reasonable precautions against harm",
"sentence": "Gipson, 214 Ariz. at 143 n. 1, ¶ 9, 150 P.... | {
"signal": "no signal",
"identifier": "189 Ariz. 210, 210-11",
"parenthetical": "stating premises owner must only do what is reasonable and is not an insurer of safety",
"sentence": "Martinez, 189 Ariz. at 210-11, 941 P.2d at 222-23 (stating premises owner must only do what is reasonable and is not an insurer ... | 5,545,504 | b |
If the City was required to install additional amenities under such circumstances, it would be required to install those amenities at virtually every City bus stop in an attempt to prevent all crime at those locations. This is not what the law requires. | {
"signal": "cf.",
"identifier": "941 P.2d 224, 224",
"parenthetical": "holding summary judgment was inappropriate because defendant knew of gang incursions involving drugs and other criminal acts and could have taken reasonable precautions against harm",
"sentence": "Gipson, 214 Ariz. at 143 n. 1, ¶ 9, 150 P.3... | {
"signal": "no signal",
"identifier": "189 Ariz. 210, 210-11",
"parenthetical": "stating premises owner must only do what is reasonable and is not an insurer of safety",
"sentence": "Martinez, 189 Ariz. at 210-11, 941 P.2d at 222-23 (stating premises owner must only do what is reasonable and is not an insurer ... | 5,545,504 | b |
If the City was required to install additional amenities under such circumstances, it would be required to install those amenities at virtually every City bus stop in an attempt to prevent all crime at those locations. This is not what the law requires. | {
"signal": "cf.",
"identifier": "189 Ariz. 212, 212",
"parenthetical": "holding summary judgment was inappropriate because defendant knew of gang incursions involving drugs and other criminal acts and could have taken reasonable precautions against harm",
"sentence": "Gipson, 214 Ariz. at 143 n. 1, ¶ 9, 150 P.... | {
"signal": "no signal",
"identifier": "941 P.2d 222, 222-23",
"parenthetical": "stating premises owner must only do what is reasonable and is not an insurer of safety",
"sentence": "Martinez, 189 Ariz. at 210-11, 941 P.2d at 222-23 (stating premises owner must only do what is reasonable and is not an insurer o... | 5,545,504 | b |
If the City was required to install additional amenities under such circumstances, it would be required to install those amenities at virtually every City bus stop in an attempt to prevent all crime at those locations. This is not what the law requires. | {
"signal": "cf.",
"identifier": "941 P.2d 224, 224",
"parenthetical": "holding summary judgment was inappropriate because defendant knew of gang incursions involving drugs and other criminal acts and could have taken reasonable precautions against harm",
"sentence": "Gipson, 214 Ariz. at 143 n. 1, ¶ 9, 150 P.3... | {
"signal": "no signal",
"identifier": "941 P.2d 222, 222-23",
"parenthetical": "stating premises owner must only do what is reasonable and is not an insurer of safety",
"sentence": "Martinez, 189 Ariz. at 210-11, 941 P.2d at 222-23 (stating premises owner must only do what is reasonable and is not an insurer o... | 5,545,504 | b |
Insofar as OLA claims that re-zoning to reduce the density of residential development constituted an impermissible "taking" without compensation, we agree with Judge Goettel that as an applicant for subdivision and site plan approval, OLA had no cognizable vested interest in the existing zoning of its property. | {
"signal": "no signal",
"identifier": "826 F.2d 213, 213",
"parenthetical": "wide discretion in planning board to reject site plan on the basis of the planning board's assessment of the plan's effect on public health, safety and general welfare prevented expectation of success from rising to the level of a prope... | {
"signal": "see also",
"identifier": "570 F.2d 414, 429",
"parenthetical": "\"Under New York law ... a landowner has no vested interest in the existing classification of his property.\"",
"sentence": "See also RRI Realty, 870 F.2d at 919 (where Village officials have wide discretion to deny housing application... | 11,325,391 | a |
Third, the taxpayer must pay the IRS the entire tax liability alleged to be due, plus any penalties and interest. | {
"signal": "see",
"identifier": "362 U.S. 145, 154",
"parenthetical": "a taxpayer must pay the full amount of income tax deficiency assessed before challenging its correctness in a refund forum",
"sentence": "See Flora v. United States, 362 U.S. 145, 154, 80 S.Ct. 630, 4 L.Ed.2d 623 (1960) (a taxpayer must pay... | {
"signal": "see also",
"identifier": "9 F.3d 1524, 1526",
"parenthetical": "\"The full payment requirement of [26 U.S.C. SS ] 1346(a",
"sentence": "See Flora v. United States, 362 U.S. 145, 154, 80 S.Ct. 630, 4 L.Ed.2d 623 (1960) (a taxpayer must pay the full amount of income tax deficiency assessed before cha... | 5,643,792 | a |
Third, the taxpayer must pay the IRS the entire tax liability alleged to be due, plus any penalties and interest. | {
"signal": "see",
"identifier": null,
"parenthetical": "a taxpayer must pay the full amount of income tax deficiency assessed before challenging its correctness in a refund forum",
"sentence": "See Flora v. United States, 362 U.S. 145, 154, 80 S.Ct. 630, 4 L.Ed.2d 623 (1960) (a taxpayer must pay the full amoun... | {
"signal": "see also",
"identifier": "9 F.3d 1524, 1526",
"parenthetical": "\"The full payment requirement of [26 U.S.C. SS ] 1346(a",
"sentence": "See Flora v. United States, 362 U.S. 145, 154, 80 S.Ct. 630, 4 L.Ed.2d 623 (1960) (a taxpayer must pay the full amount of income tax deficiency assessed before cha... | 5,643,792 | a |
Third, the taxpayer must pay the IRS the entire tax liability alleged to be due, plus any penalties and interest. | {
"signal": "see also",
"identifier": "9 F.3d 1524, 1526",
"parenthetical": "\"The full payment requirement of [26 U.S.C. SS ] 1346(a",
"sentence": "See Flora v. United States, 362 U.S. 145, 154, 80 S.Ct. 630, 4 L.Ed.2d 623 (1960) (a taxpayer must pay the full amount of income tax deficiency assessed before cha... | {
"signal": "see",
"identifier": null,
"parenthetical": "a taxpayer must pay the full amount of income tax deficiency assessed before challenging its correctness in a refund forum",
"sentence": "See Flora v. United States, 362 U.S. 145, 154, 80 S.Ct. 630, 4 L.Ed.2d 623 (1960) (a taxpayer must pay the full amoun... | 5,643,792 | b |
The court concludes that, even when all inferences are drawn in Roberts's favor, his allegations fail to raise a fact issue as to whether the reasons articulated by Willow for its actions are mere pretexts for race discrimination. | {
"signal": "see also",
"identifier": "63 F.3d 429, 436",
"parenthetical": "plaintiff alleging retaliation must prove that \"but for\" his complaints of discrimination, he would not have been discharged",
"sentence": "See Thornton v. Neiman Marcus, 850 F.Supp. 538, 544 (N.D.Tex.1994) (to avoid summary judgment,... | {
"signal": "see",
"identifier": "850 F.Supp. 538, 544",
"parenthetical": "to avoid summary judgment, the plaintiff must offer more than the subjective belief of himself and others that he was a victim of discrimination",
"sentence": "See Thornton v. Neiman Marcus, 850 F.Supp. 538, 544 (N.D.Tex.1994) (to avoid ... | 500,318 | b |
Although defendant may have smoked marijuana 3 days prior to his arrest, McDonald testified that he did not see defendant consume any alcohol or drugs after they left Tucson. In addition, the FBI agents observed no indication that defendant was under the influence of drugs or alcohol. We concur with the trial court tha... | {
"signal": "see",
"identifier": "789 F.2d 1289, 1297",
"parenthetical": "\"[T]he mere fact that one has taken drugs, or is intoxicated, or mentally agitated, does not render consent involuntary____ In each case, '[t]he question is one of mental awareness so that the act of consent was the consensual act of one w... | {
"signal": "see also",
"identifier": "774 F.2d 368, 376-77",
"parenthetical": "suspect who \"staggered and swayed\" under intoxication was still capable of giving consent to search glove box",
"sentence": "See United States v. Rambo, 789 F.2d 1289, 1297 (8th Cir.1986) (“[T]he mere fact that one has taken drugs... | 1,528,611 | a |
Although defendant may have smoked marijuana 3 days prior to his arrest, McDonald testified that he did not see defendant consume any alcohol or drugs after they left Tucson. In addition, the FBI agents observed no indication that defendant was under the influence of drugs or alcohol. We concur with the trial court tha... | {
"signal": "see also",
"identifier": "774 F.2d 368, 376-77",
"parenthetical": "suspect who \"staggered and swayed\" under intoxication was still capable of giving consent to search glove box",
"sentence": "See United States v. Rambo, 789 F.2d 1289, 1297 (8th Cir.1986) (“[T]he mere fact that one has taken drugs... | {
"signal": "see",
"identifier": "441 F.2d 353, 355",
"parenthetical": "\"[T]he mere fact that one has taken drugs, or is intoxicated, or mentally agitated, does not render consent involuntary____ In each case, '[t]he question is one of mental awareness so that the act of consent was the consensual act of one who... | 1,528,611 | b |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "no signal",
"identifier": "550 F.2d 47, 51, 57",
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules re... | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976)... | 6,121,638 | a |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "see also",
"identifier": "99 B.R. 18, 18",
"parenthetical": "finding contempt an appropriate remedy for violation of the automatic stay where SS 362(h",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s... | {
"signal": "no signal",
"identifier": "550 F.2d 47, 51, 57",
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules re... | 6,121,638 | b |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976)... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules regarding requireme... | 6,121,638 | b |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "see also",
"identifier": "99 B.R. 18, 18",
"parenthetical": "finding contempt an appropriate remedy for violation of the automatic stay where SS 362(h",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules regarding requireme... | 6,121,638 | b |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules regarding requireme... | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976)... | 6,121,638 | a |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "see also",
"identifier": "99 B.R. 18, 18",
"parenthetical": "finding contempt an appropriate remedy for violation of the automatic stay where SS 362(h",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules regarding requireme... | 6,121,638 | b |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976)... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules regarding requireme... | 6,121,638 | b |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing imposition of costs, including reasonable attorney's fees under civil contempt powers for acts which bankruptcy judge found were done with \"knowledge\" of automatic stay and \"deliberate[ ]\" disregard of bankruptcy rules regarding requireme... | {
"signal": "see also",
"identifier": "99 B.R. 18, 18",
"parenthetical": "finding contempt an appropriate remedy for violation of the automatic stay where SS 362(h",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s... | 6,121,638 | a |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "no signal",
"identifier": "889 F.2d 389, 394-95",
"parenthetical": "knowledge of violation and terms of injunction required to hold party in civil contempt",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attor... | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976)... | 6,121,638 | a |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "see also",
"identifier": "99 B.R. 18, 18",
"parenthetical": "finding contempt an appropriate remedy for violation of the automatic stay where SS 362(h",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s... | {
"signal": "no signal",
"identifier": "889 F.2d 389, 394-95",
"parenthetical": "knowledge of violation and terms of injunction required to hold party in civil contempt",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attor... | 6,121,638 | b |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976)... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "knowledge of violation and terms of injunction required to hold party in civil contempt",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under c... | 6,121,638 | b |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "see also",
"identifier": "99 B.R. 18, 18",
"parenthetical": "finding contempt an appropriate remedy for violation of the automatic stay where SS 362(h",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "knowledge of violation and terms of injunction required to hold party in civil contempt",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under c... | 6,121,638 | b |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "knowledge of violation and terms of injunction required to hold party in civil contempt",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under c... | {
"signal": "see also",
"identifier": "113 B.R. 279, 279",
"parenthetical": "recognizing power of bankruptcy court under SS 105 of the code and Bankruptcy Rule 9020 to impose contempt sanctions for violations of automatic stay",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976)... | 6,121,638 | a |
We now hold that a bankruptcy court may impose sanctions pursuant to SS 362(h), under the standard set out in Crysen/Montenay, only for violating a stay as to debtors who are natural persons. For other debtors, contempt proceedings are the proper means of compensation and punishment for willful violations of the automa... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "knowledge of violation and terms of injunction required to hold party in civil contempt",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s fees under c... | {
"signal": "see also",
"identifier": "99 B.R. 18, 18",
"parenthetical": "finding contempt an appropriate remedy for violation of the automatic stay where SS 362(h",
"sentence": "Investors v. Camelia Builders, Inc., 550 F.2d 47, 51, 57 (2d Cir.1976) (allowing imposition of costs, including reasonable attorney’s... | 6,121,638 | a |
Opinions under Rule 701 that render a determination as to whether a defendant's conduct falls within a legal standard are not permitted because they are not helpful to the jury. | {
"signal": "see also",
"identifier": "389 N.W.2d 872, 876",
"parenthetical": "concluding that a lay witness's letter stating that the witness believed defendant's actions did not fall within statutory definition of crimi nal sexual conduct was inadmissible under Minn. R. Evid. 701",
"sentence": "See State v. P... | {
"signal": "see",
"identifier": "512 N.W.2d 99, 102",
"parenthetical": "stating that a witness would not be allowed to offer an opinion as to whether or not a defendant acted in self-defense",
"sentence": "See State v. Post, 512 N.W.2d 99, 102 (Minn.1994) (stating that a witness would not be allowed to offer a... | 7,063,544 | b |
Opinions under Rule 701 that render a determination as to whether a defendant's conduct falls within a legal standard are not permitted because they are not helpful to the jury. | {
"signal": "see also",
"identifier": "281 Minn. 102, 106",
"parenthetical": "concluding that police officer's opinion regarding fault in an accident was an improper invasion of jury's province and that the officer's opinion testimony regarding speed was improper because the officer did not witness the accident",... | {
"signal": "see",
"identifier": "512 N.W.2d 99, 102",
"parenthetical": "stating that a witness would not be allowed to offer an opinion as to whether or not a defendant acted in self-defense",
"sentence": "See State v. Post, 512 N.W.2d 99, 102 (Minn.1994) (stating that a witness would not be allowed to offer a... | 7,063,544 | b |
Opinions under Rule 701 that render a determination as to whether a defendant's conduct falls within a legal standard are not permitted because they are not helpful to the jury. | {
"signal": "see",
"identifier": "512 N.W.2d 99, 102",
"parenthetical": "stating that a witness would not be allowed to offer an opinion as to whether or not a defendant acted in self-defense",
"sentence": "See State v. Post, 512 N.W.2d 99, 102 (Minn.1994) (stating that a witness would not be allowed to offer a... | {
"signal": "see also",
"identifier": "160 N.W.2d 563, 565",
"parenthetical": "concluding that police officer's opinion regarding fault in an accident was an improper invasion of jury's province and that the officer's opinion testimony regarding speed was improper because the officer did not witness the accident"... | 7,063,544 | a |
Elizabeth Jester, Esq. represented all seven plaintiffs at their IDEA hearings and charged the same hourly rate and costs for each plaintiff. (Pl.'s Opp'n to Def.'s Mot. to Dismiss and Sever ("Pl.'s Opp'n") at 2-3.) Additionally, the plaintiffs allege that the District of Columbia applied a common billing practice to r... | {
"signal": "cf.",
"identifier": "2009 WL 6496484, at *2",
"parenthetical": "noting the absence of a \"policy similarly affecting each plaintiffs case\"",
"sentence": "See Disparte, 223 F.R.D. at 16 (finding the first prong of Rule 20(a) satisfied in the context of an employment discrimination claim where plain... | {
"signal": "see",
"identifier": "223 F.R.D. 16, 16",
"parenthetical": "finding the first prong of Rule 20(a) satisfied in the context of an employment discrimination claim where plaintiffs alleged that they were subject to a common policy of the defendant",
"sentence": "See Disparte, 223 F.R.D. at 16 (finding ... | 4,276,984 | b |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "cf.",
"identifier": "635 F.2d 342, 348-49",
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where d... | {
"signal": "see",
"identifier": "771 F.2d 1527, 1531",
"parenthetical": "where district sought to change child's IEP, it had the burden of proving that the proposed placement complied with the requirements of the Act",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sough... | 7,415,491 | b |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "see",
"identifier": "771 F.2d 1527, 1531",
"parenthetical": "where district sought to change child's IEP, it had the burden of proving that the proposed placement complied with the requirements of the Act",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sough... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | 7,415,491 | a |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "see",
"identifier": "771 F.2d 1527, 1531",
"parenthetical": "where district sought to change child's IEP, it had the burden of proving that the proposed placement complied with the requirements of the Act",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sough... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | 7,415,491 | a |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "see",
"identifier": "771 F.2d 1527, 1531",
"parenthetical": "where district sought to change child's IEP, it had the burden of proving that the proposed placement complied with the requirements of the Act",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sough... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | 7,415,491 | a |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "see",
"identifier": "771 F.2d 1527, 1531",
"parenthetical": "where district sought to change child's IEP, it had the burden of proving that the proposed placement complied with the requirements of the Act",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sough... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | 7,415,491 | a |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "see",
"identifier": "771 F.2d 1527, 1531",
"parenthetical": "where district sought to change child's IEP, it had the burden of proving that the proposed placement complied with the requirements of the Act",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sough... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | 7,415,491 | a |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | {
"signal": "see",
"identifier": "771 F.2d 1527, 1531",
"parenthetical": "where district sought to change child's IEP, it had the burden of proving that the proposed placement complied with the requirements of the Act",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sough... | 7,415,491 | b |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "cf.",
"identifier": "635 F.2d 342, 348-49",
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where d... | {
"signal": "see",
"identifier": "672 F.2d 321, 322",
"parenthetical": "affirming district court's decision that the district had \"failed to sustain its burden of proof that an appropriate public program existed\"",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought t... | 7,415,491 | b |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "see",
"identifier": "672 F.2d 321, 322",
"parenthetical": "affirming district court's decision that the district had \"failed to sustain its burden of proof that an appropriate public program existed\"",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought t... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | 7,415,491 | a |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "see",
"identifier": "672 F.2d 321, 322",
"parenthetical": "affirming district court's decision that the district had \"failed to sustain its burden of proof that an appropriate public program existed\"",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought t... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | 7,415,491 | a |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "see",
"identifier": "672 F.2d 321, 322",
"parenthetical": "affirming district court's decision that the district had \"failed to sustain its burden of proof that an appropriate public program existed\"",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought t... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | 7,415,491 | a |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "see",
"identifier": "672 F.2d 321, 322",
"parenthetical": "affirming district court's decision that the district had \"failed to sustain its burden of proof that an appropriate public program existed\"",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought t... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | 7,415,491 | a |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | {
"signal": "see",
"identifier": "672 F.2d 321, 322",
"parenthetical": "affirming district court's decision that the district had \"failed to sustain its burden of proof that an appropriate public program existed\"",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought t... | 7,415,491 | b |
Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to ... | {
"signal": "see",
"identifier": "672 F.2d 321, 322",
"parenthetical": "affirming district court's decision that the district had \"failed to sustain its burden of proof that an appropriate public program existed\"",
"sentence": "See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought t... | 7,415,491 | b |
While we review a district court's decision to seal or unseal documents, or to issue or refuse to issue a protective order, for abuse of discretion, we review de novo any errors of law upon which the court relied in exercising its discretion. | {
"signal": "see also",
"identifier": "518 U.S. 81, 100",
"parenthetical": "\"A district court by definition abuses its discretion when it makes an error of law.\"",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issuance of protective order de novo rather than fo... | {
"signal": "see",
"identifier": "448 F.3d 436, 456-57",
"parenthetical": "reviewing issuance of protective order de novo rather than for abuse of discretion because court applied incorrect legal standard",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issuance o... | 3,782,792 | b |
While we review a district court's decision to seal or unseal documents, or to issue or refuse to issue a protective order, for abuse of discretion, we review de novo any errors of law upon which the court relied in exercising its discretion. | {
"signal": "see",
"identifier": "448 F.3d 436, 456-57",
"parenthetical": "reviewing issuance of protective order de novo rather than for abuse of discretion because court applied incorrect legal standard",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issuance o... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"A district court by definition abuses its discretion when it makes an error of law.\"",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issuance of protective order de novo rather than for abuse of dis... | 3,782,792 | a |
While we review a district court's decision to seal or unseal documents, or to issue or refuse to issue a protective order, for abuse of discretion, we review de novo any errors of law upon which the court relied in exercising its discretion. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"A district court by definition abuses its discretion when it makes an error of law.\"",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issuance of protective order de novo rather than for abuse of dis... | {
"signal": "see",
"identifier": "448 F.3d 436, 456-57",
"parenthetical": "reviewing issuance of protective order de novo rather than for abuse of discretion because court applied incorrect legal standard",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issuance o... | 3,782,792 | b |
While we review a district court's decision to seal or unseal documents, or to issue or refuse to issue a protective order, for abuse of discretion, we review de novo any errors of law upon which the court relied in exercising its discretion. | {
"signal": "see also",
"identifier": "518 U.S. 81, 100",
"parenthetical": "\"A district court by definition abuses its discretion when it makes an error of law.\"",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issuance of protective order de novo rather than fo... | {
"signal": "see",
"identifier": "131 F.3d 158, 160",
"parenthetical": "reviewing decision to unseal guilty plea de novo rather than for abuse of discretion because court's decision was premised on legal error",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issua... | 3,782,792 | b |
While we review a district court's decision to seal or unseal documents, or to issue or refuse to issue a protective order, for abuse of discretion, we review de novo any errors of law upon which the court relied in exercising its discretion. | {
"signal": "see",
"identifier": "131 F.3d 158, 160",
"parenthetical": "reviewing decision to unseal guilty plea de novo rather than for abuse of discretion because court's decision was premised on legal error",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issua... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"A district court by definition abuses its discretion when it makes an error of law.\"",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issuance of protective order de novo rather than for abuse of dis... | 3,782,792 | a |
While we review a district court's decision to seal or unseal documents, or to issue or refuse to issue a protective order, for abuse of discretion, we review de novo any errors of law upon which the court relied in exercising its discretion. | {
"signal": "see",
"identifier": "131 F.3d 158, 160",
"parenthetical": "reviewing decision to unseal guilty plea de novo rather than for abuse of discretion because court's decision was premised on legal error",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issua... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"A district court by definition abuses its discretion when it makes an error of law.\"",
"sentence": "See, e.g., United States v. Mejia, 448 F.3d 436, 456-57 (D.C.Cir.2006) (reviewing issuance of protective order de novo rather than for abuse of dis... | 3,782,792 | a |
The economic loss rule is a doctrine that limits the recovery of purely economic damages in an action for negligence. LAN/STV v. Martin K. | {
"signal": "no signal",
"identifier": "435 S.W.3d 234, 235",
"parenthetical": "\"In actions for unintentional torts, the common law has long restricted recovery of purely economic damages unaccompanied by injury to the plaintiff or his property!.]\"",
"sentence": "Eby Constr. Co., 435 S.W.3d 234, 235 (Tex.2014... | {
"signal": "see also",
"identifier": "354 S.W.3d 407, 415",
"parenthetical": "\"[Pferties may be barred from recovering in negligence or strict liability for purely economic losses.\"",
"sentence": "Eby Constr. Co., 435 S.W.3d 234, 235 (Tex.2014) (“In actions for unintentional torts, the common law has long re... | 6,884,253 | a |
Courts must be wary of exaggerating what are properly recognized as contemptible improprieties into grandiose visions of injustice. The temptation to entertain such visions is especially great in cases that pit lonely criminal defendants against the police and prosecutorial powers of their state governments. The danger... | {
"signal": "no signal",
"identifier": "111 S.Ct. 1264, 1264",
"parenthetical": "holding that even the admission of a coerced confession may be harmless error and noting that \" 'the central purpose of a criminal trial is to decide the factual question of the defendant's guilt or innocence' \"",
"sentence": "Cf... | {
"signal": "see also",
"identifier": "918 F.2d 1387, 1394",
"parenthetical": "warning against the dangers of expansive judicial applications of the Miranda rules and urging the judiciary \"to monitor carefully the costs of these rules as they are applied to the cases that come before us\"",
"sentence": "Cf Ful... | 10,523,214 | a |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see",
"identifier": "210 Wis. 2d 597, 604",
"parenthetical": "\"The general rule is that issues not presented to the circuit court will not be considered for the first time on appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | 4,268,236 | a |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see",
"identifier": "210 Wis. 2d 597, 604",
"parenthetical": "\"The general rule is that issues not presented to the circuit court will not be considered for the first time on appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | 4,268,236 | a |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | {
"signal": "see",
"identifier": "210 Wis. 2d 597, 604",
"parenthetical": "\"The general rule is that issues not presented to the circuit court will not be considered for the first time on appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues... | 4,268,236 | b |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The general rule is that issues not presented to the circuit court will not be considered for the first time on appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues not presented to ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | 4,268,236 | a |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The general rule is that issues not presented to the circuit court will not be considered for the first time on appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues not presented to ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | 4,268,236 | a |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The general rule is that issues not presented to the circuit court will not be considered for the first time on appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues not presented to ... | 4,268,236 | b |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see",
"identifier": "196 Wis. 2d 817, 829",
"parenthetical": "\"[T]he appellant [must] articulate each of its theories to the trial court to preserve its right to' appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues not present... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | 4,268,236 | a |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | {
"signal": "see",
"identifier": "196 Wis. 2d 817, 829",
"parenthetical": "\"[T]he appellant [must] articulate each of its theories to the trial court to preserve its right to' appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues not present... | 4,268,236 | b |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | {
"signal": "see",
"identifier": "196 Wis. 2d 817, 829",
"parenthetical": "\"[T]he appellant [must] articulate each of its theories to the trial court to preserve its right to' appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues not present... | 4,268,236 | b |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he appellant [must] articulate each of its theories to the trial court to preserve its right to' appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues not presented to the circuit ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | 4,268,236 | a |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he appellant [must] articulate each of its theories to the trial court to preserve its right to' appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues not presented to the circuit ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | 4,268,236 | a |
It appears that Hershberger did not make this first argument before the circuit court and has therefore forfeited it. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the rule requiring issue preservation, previously referred to as the \"waiver rule\" is more precisely labeled the \"forfeiture rule\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is t... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he appellant [must] articulate each of its theories to the trial court to preserve its right to' appeal.\"",
"sentence": "See State v. Caban, 210 Wis. 2d 597, 604, 563 N.W.2d 501 (1997) (\"The general rule is that issues not presented to the circuit ... | 4,268,236 | b |
As illustrated by section 5111(d), which defines "award" for the purpose of that section only, the definition of "award" may refer to different types of awards, such as "an original or reopened award" or "an increased award." 38 U.S.C. SS 5111(d); see also, e.g., 38 U.S.C. SS 1117(h)(2)(A) (specifying "the original awa... | {
"signal": "see",
"identifier": "683 F.3d 1378, 1378",
"parenthetical": "holding that the plain meaning of the term \"the cost\" referred to in section 1722A(a)(2) of title 38, U.S.Code, was ambiguous",
"sentence": "See Heino, 683 F.3d at 1378 (holding that the plain meaning of the term “the cost” referred to ... | {
"signal": "see also",
"identifier": "27 Vet.App. 258, 268",
"parenthetical": "holding that the phrase \"[o]r~ ganic diseases of the nervous system,\" contained in 38 U.S.C. SS 1101(3) was ambiguous because the statute did not define the phrase",
"sentence": "See Heino, 683 F.3d at 1378 (holding that the plain... | 4,047,161 | a |
The government continues by underscoring the following facts: (1) that there was evidence that the Cadillac was defendant's only car, (2) that the registration listed one of the two residences that were searched, (3) that the car was present during multiple controlled buys, and (4) that a confidential source advised la... | {
"signal": "see also",
"identifier": "510 F.3d 649, 649",
"parenthetical": "distinguishing cases where there was \"no information or evidence that suggested the vehicles in question contained contraband\"",
"sentence": "See, e.g., Mack v. City of Abilene, 461 F.3d 547, 553 (5th Cir.2006) (warrantless automobil... | {
"signal": "see",
"identifier": "461 F.3d 547, 553",
"parenthetical": "warrantless automobile search invalid because officers had no probable cause to believe contraband would be found in the vehicle, even though informant gave police probable cause to believe that there was contraband in. defendant's other vehi... | 4,342,942 | b |
The government continues by underscoring the following facts: (1) that there was evidence that the Cadillac was defendant's only car, (2) that the registration listed one of the two residences that were searched, (3) that the car was present during multiple controlled buys, and (4) that a confidential source advised la... | {
"signal": "see also",
"identifier": "510 F.3d 649, 649",
"parenthetical": "distinguishing cases where there was \"no information or evidence that suggested the vehicles in question contained contraband\"",
"sentence": "See, e.g., Mack v. City of Abilene, 461 F.3d 547, 553 (5th Cir.2006) (warrantless automobil... | {
"signal": "see",
"identifier": "13 F.3d 498, 502",
"parenthetical": "warrantless automobile search invalid because officers had no particular information indicating defendant was transporting drugs or. weapons at the time of the stop",
"sentence": "See, e.g., Mack v. City of Abilene, 461 F.3d 547, 553 (5th Ci... | 4,342,942 | b |
The witness in Moffett, like the witnesses in the instant case, admitted making the prior statement but insisted that the contents were untrue. Moffett, 456 So.2d at 717. The Court in Moffett explained that where a nonparty witness admitted making the prior out-of-court statements, the statements where reduced to writt... | {
"signal": "see",
"identifier": "431 So.2d 468, 473",
"parenthetical": "recognizing that evidence of extra judicial statements by nonparty witness was admissable only to impeach",
"sentence": "Id.; see Davis v. State, 431 So.2d 468, 473 (Miss.1983) (recognizing that evidence of extra judicial statements by non... | {
"signal": "see also",
"identifier": "336 So.2d 213, 216-17",
"parenthetical": "defendant entitled to instruction that prior inconsistent statement was not to be used as proof of guilt",
"sentence": "Id.; see Davis v. State, 431 So.2d 468, 473 (Miss.1983) (recognizing that evidence of extra judicial statements... | 7,511,788 | a |
The witness in Moffett, like the witnesses in the instant case, admitted making the prior statement but insisted that the contents were untrue. Moffett, 456 So.2d at 717. The Court in Moffett explained that where a nonparty witness admitted making the prior out-of-court statements, the statements where reduced to writt... | {
"signal": "see",
"identifier": "431 So.2d 468, 473",
"parenthetical": "recognizing that evidence of extra judicial statements by nonparty witness was admissable only to impeach",
"sentence": "Id.; see Davis v. State, 431 So.2d 468, 473 (Miss.1983) (recognizing that evidence of extra judicial statements by non... | {
"signal": "see also",
"identifier": null,
"parenthetical": "defendant entitled to instruction that prior inconsistent statement was not to be used as proof of guilt",
"sentence": "Id.; see Davis v. State, 431 So.2d 468, 473 (Miss.1983) (recognizing that evidence of extra judicial statements by nonparty witnes... | 7,511,788 | a |
The witness in Moffett, like the witnesses in the instant case, admitted making the prior statement but insisted that the contents were untrue. Moffett, 456 So.2d at 717. The Court in Moffett explained that where a nonparty witness admitted making the prior out-of-court statements, the statements where reduced to writt... | {
"signal": "see also",
"identifier": null,
"parenthetical": "defendant entitled to instruction that prior inconsistent statement was not to be used as proof of guilt",
"sentence": "Id.; see Davis v. State, 431 So.2d 468, 473 (Miss.1983) (recognizing that evidence of extra judicial statements by nonparty witnes... | {
"signal": "see",
"identifier": "431 So.2d 468, 473",
"parenthetical": "recognizing that evidence of extra judicial statements by nonparty witness was admissable only to impeach",
"sentence": "Id.; see Davis v. State, 431 So.2d 468, 473 (Miss.1983) (recognizing that evidence of extra judicial statements by non... | 7,511,788 | b |
The witness in Moffett, like the witnesses in the instant case, admitted making the prior statement but insisted that the contents were untrue. Moffett, 456 So.2d at 717. The Court in Moffett explained that where a nonparty witness admitted making the prior out-of-court statements, the statements where reduced to writt... | {
"signal": "see also",
"identifier": null,
"parenthetical": "defendant entitled to instruction that prior inconsistent statement was not to be used as proof of guilt",
"sentence": "Id.; see Davis v. State, 431 So.2d 468, 473 (Miss.1983) (recognizing that evidence of extra judicial statements by nonparty witnes... | {
"signal": "see",
"identifier": "431 So.2d 468, 473",
"parenthetical": "recognizing that evidence of extra judicial statements by nonparty witness was admissable only to impeach",
"sentence": "Id.; see Davis v. State, 431 So.2d 468, 473 (Miss.1983) (recognizing that evidence of extra judicial statements by non... | 7,511,788 | b |
In fact, as plaintiffs' affidavits make clear, none of the plaintiffs ever attempted to file a grievance or asked that a grievance be filed and pursued. Under these circumstances, the court cannot conclude that plaintiffs are excused from first exhausting their remedies under the collective bargaining agreement, i.e., ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "exhaustion not required where employees complained to representatives of union and called upon union to process grievance on her behalf yet union representatives refused and treated plaintiff-employees with condescension",
"sentence": "See Janik v. Buhrke... | {
"signal": "see",
"identifier": null,
"parenthetical": "fact that union representative stated. to employee that union could do nothing did not establish that any attempt by employee to file grievance would have been futile",
"sentence": "See Janik v. Buhrke Tech Int'l, 1997 WL 285763, Slip op. at 5 (N.D.Ill. M... | 1,140,585 | b |
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