context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
values |
|---|---|---|---|---|
In precisely the same manner, enjoining the commencement of other actions against the Petitioners, Israel Re or its property will aid the Israeli court in achieving equality for creditors. The guiding premise of the Bankruptcy Code is the equality of distribution of assets among creditors. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"the road to equity is not a race course for the swiftest\"",
"sentence": "Cunard, 773 F.2d at 459; Israel-British Bank (London), Ltd. v. Fed. Deposit Ins. Corp., 536 F.2d 509, 513 (2d Cir.) (“the road to equity is not a race course for the swiftes... | {
"signal": "see also",
"identifier": null,
"parenthetical": "mad scramble to the United States courts for immediate attachments was in con travention of the established goal of United States and international bankruptcy law to preserve assets for equitable distribution for all creditors wherever located",
"sen... | 6,516,284 | a |
In precisely the same manner, enjoining the commencement of other actions against the Petitioners, Israel Re or its property will aid the Israeli court in achieving equality for creditors. The guiding premise of the Bankruptcy Code is the equality of distribution of assets among creditors. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"the road to equity is not a race course for the swiftest\"",
"sentence": "Cunard, 773 F.2d at 459; Israel-British Bank (London), Ltd. v. Fed. Deposit Ins. Corp., 536 F.2d 509, 513 (2d Cir.) (“the road to equity is not a race course for the swiftes... | {
"signal": "see also",
"identifier": "25 B.R. 621, 629",
"parenthetical": "court \"not obliged to protect the positions of fast-moving American and foreign attachment creditors over the policy favoring uniform administration in a foreign court\"",
"sentence": "Cunard, 773 F.2d at 459; Israel-British Bank (Lond... | 6,516,284 | a |
In precisely the same manner, enjoining the commencement of other actions against the Petitioners, Israel Re or its property will aid the Israeli court in achieving equality for creditors. The guiding premise of the Bankruptcy Code is the equality of distribution of assets among creditors. | {
"signal": "see also",
"identifier": null,
"parenthetical": "mad scramble to the United States courts for immediate attachments was in con travention of the established goal of United States and international bankruptcy law to preserve assets for equitable distribution for all creditors wherever located",
"sen... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"the road to equity is not a race course for the swiftest\"",
"sentence": "Cunard, 773 F.2d at 459; Israel-British Bank (London), Ltd. v. Fed. Deposit Ins. Corp., 536 F.2d 509, 513 (2d Cir.) (“the road to equity is not a race course for the swiftes... | 6,516,284 | b |
In precisely the same manner, enjoining the commencement of other actions against the Petitioners, Israel Re or its property will aid the Israeli court in achieving equality for creditors. The guiding premise of the Bankruptcy Code is the equality of distribution of assets among creditors. | {
"signal": "see also",
"identifier": "25 B.R. 621, 629",
"parenthetical": "court \"not obliged to protect the positions of fast-moving American and foreign attachment creditors over the policy favoring uniform administration in a foreign court\"",
"sentence": "Cunard, 773 F.2d at 459; Israel-British Bank (Lond... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"the road to equity is not a race course for the swiftest\"",
"sentence": "Cunard, 773 F.2d at 459; Israel-British Bank (London), Ltd. v. Fed. Deposit Ins. Corp., 536 F.2d 509, 513 (2d Cir.) (“the road to equity is not a race course for the swiftes... | 6,516,284 | b |
The administrative search exception has been used to permit legislatively authorized warrantless inspections of commercial property in cases in which the government interest in conducting the search would be frustrated by requiring prior notice. Cases applying the administrative search exception generally involve statu... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding warrantless inspection of automobile junkyards where state had substantial interest in reducing growing problem of motor vehicle theft associated with this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646... | {
"signal": "see also",
"identifier": "397 U.S. 72, 76-77",
"parenthetical": "approving congressional scheme of war-rantless searches and seizures in liquor industry in light of long history of regulation of this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646-47, 96 L.... | 10,533,784 | a |
The administrative search exception has been used to permit legislatively authorized warrantless inspections of commercial property in cases in which the government interest in conducting the search would be frustrated by requiring prior notice. Cases applying the administrative search exception generally involve statu... | {
"signal": "see also",
"identifier": "90 S.Ct. 774, 776-77",
"parenthetical": "approving congressional scheme of war-rantless searches and seizures in liquor industry in light of long history of regulation of this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646-47, 96 ... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding warrantless inspection of automobile junkyards where state had substantial interest in reducing growing problem of motor vehicle theft associated with this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646... | 10,533,784 | b |
The administrative search exception has been used to permit legislatively authorized warrantless inspections of commercial property in cases in which the government interest in conducting the search would be frustrated by requiring prior notice. Cases applying the administrative search exception generally involve statu... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding warrantless inspection of automobile junkyards where state had substantial interest in reducing growing problem of motor vehicle theft associated with this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646... | {
"signal": "see also",
"identifier": null,
"parenthetical": "approving congressional scheme of war-rantless searches and seizures in liquor industry in light of long history of regulation of this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646-47, 96 L.Ed.2d 601 (1987)... | 10,533,784 | a |
The administrative search exception has been used to permit legislatively authorized warrantless inspections of commercial property in cases in which the government interest in conducting the search would be frustrated by requiring prior notice. Cases applying the administrative search exception generally involve statu... | {
"signal": "see",
"identifier": "107 S.Ct. 2636, 2646-47",
"parenthetical": "upholding warrantless inspection of automobile junkyards where state had substantial interest in reducing growing problem of motor vehicle theft associated with this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691,... | {
"signal": "see also",
"identifier": "397 U.S. 72, 76-77",
"parenthetical": "approving congressional scheme of war-rantless searches and seizures in liquor industry in light of long history of regulation of this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646-47, 96 L.... | 10,533,784 | a |
The administrative search exception has been used to permit legislatively authorized warrantless inspections of commercial property in cases in which the government interest in conducting the search would be frustrated by requiring prior notice. Cases applying the administrative search exception generally involve statu... | {
"signal": "see",
"identifier": "107 S.Ct. 2636, 2646-47",
"parenthetical": "upholding warrantless inspection of automobile junkyards where state had substantial interest in reducing growing problem of motor vehicle theft associated with this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691,... | {
"signal": "see also",
"identifier": "90 S.Ct. 774, 776-77",
"parenthetical": "approving congressional scheme of war-rantless searches and seizures in liquor industry in light of long history of regulation of this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646-47, 96 ... | 10,533,784 | a |
The administrative search exception has been used to permit legislatively authorized warrantless inspections of commercial property in cases in which the government interest in conducting the search would be frustrated by requiring prior notice. Cases applying the administrative search exception generally involve statu... | {
"signal": "see",
"identifier": "107 S.Ct. 2636, 2646-47",
"parenthetical": "upholding warrantless inspection of automobile junkyards where state had substantial interest in reducing growing problem of motor vehicle theft associated with this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691,... | {
"signal": "see also",
"identifier": null,
"parenthetical": "approving congressional scheme of war-rantless searches and seizures in liquor industry in light of long history of regulation of this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646-47, 96 L.Ed.2d 601 (1987)... | 10,533,784 | a |
The administrative search exception has been used to permit legislatively authorized warrantless inspections of commercial property in cases in which the government interest in conducting the search would be frustrated by requiring prior notice. Cases applying the administrative search exception generally involve statu... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding warrantless inspection of automobile junkyards where state had substantial interest in reducing growing problem of motor vehicle theft associated with this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646... | {
"signal": "see also",
"identifier": "397 U.S. 72, 76-77",
"parenthetical": "approving congressional scheme of war-rantless searches and seizures in liquor industry in light of long history of regulation of this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646-47, 96 L.... | 10,533,784 | a |
The administrative search exception has been used to permit legislatively authorized warrantless inspections of commercial property in cases in which the government interest in conducting the search would be frustrated by requiring prior notice. Cases applying the administrative search exception generally involve statu... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding warrantless inspection of automobile junkyards where state had substantial interest in reducing growing problem of motor vehicle theft associated with this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646... | {
"signal": "see also",
"identifier": "90 S.Ct. 774, 776-77",
"parenthetical": "approving congressional scheme of war-rantless searches and seizures in liquor industry in light of long history of regulation of this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646-47, 96 ... | 10,533,784 | a |
The administrative search exception has been used to permit legislatively authorized warrantless inspections of commercial property in cases in which the government interest in conducting the search would be frustrated by requiring prior notice. Cases applying the administrative search exception generally involve statu... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding warrantless inspection of automobile junkyards where state had substantial interest in reducing growing problem of motor vehicle theft associated with this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646... | {
"signal": "see also",
"identifier": null,
"parenthetical": "approving congressional scheme of war-rantless searches and seizures in liquor industry in light of long history of regulation of this industry",
"sentence": "See, e.g., New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 2646-47, 96 L.Ed.2d 601 (1987)... | 10,533,784 | a |
Because the Regulation clearly applies to Mclsaac's conduct, he cannot challenge it for facial vagueness. | {
"signal": "see also",
"identifier": "452 F.2d 489, 491",
"parenthetical": "police officer may not challenge vagueness of regulation prohibiting conduct \"unbecoming an officer and a gentlemen\" when his own conduct properly could have been subjected to departmental disciplinary action even in the absence of any... | {
"signal": "no signal",
"identifier": "417 U.S. 733, 757",
"parenthetical": "\"Since appellee could have had no reasonable doubt that his public statements . . . were both 'unbecoming an officer and a gentlemen,' and 'to the prejudice of good order and discipline in the armed forces,' . . . his challenge to [tho... | 6,109,214 | b |
. Even if the disclaimer was not tainted, Nikzad contends that he nevertheless retained a privacy interest in the briefcase's contents because the briefcase itself was located within a closed container under his ownership and control. | {
"signal": "but see",
"identifier": "647 F.2d 999, 999",
"parenthetical": "defendant abandoned his privacy interest by disclaiming ownership of a wallet found in passenger section of his automobile",
"sentence": "But see United States v. Veatch, 647 F.2d at 999 (defendant abandoned his privacy interest by disc... | {
"signal": "see",
"identifier": "708 F.2d 1365, 1368",
"parenthetical": "despite defendant's disclaimer of ownership, he retained a privacy interest in journals found inside his locked safe",
"sentence": "See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.), cert. denied, — U.S.-, 104 S.Ct. 165, 78 L.Ed... | 654,401 | b |
. Even if the disclaimer was not tainted, Nikzad contends that he nevertheless retained a privacy interest in the briefcase's contents because the briefcase itself was located within a closed container under his ownership and control. | {
"signal": "but see",
"identifier": "647 F.2d 999, 999",
"parenthetical": "defendant abandoned his privacy interest by disclaiming ownership of a wallet found in passenger section of his automobile",
"sentence": "But see United States v. Veatch, 647 F.2d at 999 (defendant abandoned his privacy interest by disc... | {
"signal": "see",
"identifier": null,
"parenthetical": "despite defendant's disclaimer of ownership, he retained a privacy interest in journals found inside his locked safe",
"sentence": "See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.), cert. denied, — U.S.-, 104 S.Ct. 165, 78 L.Ed.2d 150 (1983) (d... | 654,401 | b |
. Even if the disclaimer was not tainted, Nikzad contends that he nevertheless retained a privacy interest in the briefcase's contents because the briefcase itself was located within a closed container under his ownership and control. | {
"signal": "see",
"identifier": null,
"parenthetical": "despite defendant's disclaimer of ownership, he retained a privacy interest in journals found inside his locked safe",
"sentence": "See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.), cert. denied, — U.S.-, 104 S.Ct. 165, 78 L.Ed.2d 150 (1983) (d... | {
"signal": "but see",
"identifier": "647 F.2d 999, 999",
"parenthetical": "defendant abandoned his privacy interest by disclaiming ownership of a wallet found in passenger section of his automobile",
"sentence": "But see United States v. Veatch, 647 F.2d at 999 (defendant abandoned his privacy interest by disc... | 654,401 | a |
. Even if the disclaimer was not tainted, Nikzad contends that he nevertheless retained a privacy interest in the briefcase's contents because the briefcase itself was located within a closed container under his ownership and control. | {
"signal": "see",
"identifier": null,
"parenthetical": "despite disclaimer of ownership, defendant maintained a privacy interest in the contents of two paper bags found in the locked trunk of a car under his control",
"sentence": "See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.), cert. denied, — U.S... | {
"signal": "but see",
"identifier": "647 F.2d 999, 999",
"parenthetical": "defendant abandoned his privacy interest by disclaiming ownership of a wallet found in passenger section of his automobile",
"sentence": "But see United States v. Veatch, 647 F.2d at 999 (defendant abandoned his privacy interest by disc... | 654,401 | a |
. Even if the disclaimer was not tainted, Nikzad contends that he nevertheless retained a privacy interest in the briefcase's contents because the briefcase itself was located within a closed container under his ownership and control. | {
"signal": "see",
"identifier": null,
"parenthetical": "despite disclaimer of ownership, defendant maintained a privacy interest in the contents of two paper bags found in the locked trunk of a car under his control",
"sentence": "See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.), cert. denied, — U.S... | {
"signal": "but see",
"identifier": "647 F.2d 999, 999",
"parenthetical": "defendant abandoned his privacy interest by disclaiming ownership of a wallet found in passenger section of his automobile",
"sentence": "But see United States v. Veatch, 647 F.2d at 999 (defendant abandoned his privacy interest by disc... | 654,401 | a |
. Even if the disclaimer was not tainted, Nikzad contends that he nevertheless retained a privacy interest in the briefcase's contents because the briefcase itself was located within a closed container under his ownership and control. | {
"signal": "but see",
"identifier": "647 F.2d 999, 999",
"parenthetical": "defendant abandoned his privacy interest by disclaiming ownership of a wallet found in passenger section of his automobile",
"sentence": "But see United States v. Veatch, 647 F.2d at 999 (defendant abandoned his privacy interest by disc... | {
"signal": "see",
"identifier": null,
"parenthetical": "despite disclaimer of ownership, defendant maintained a privacy interest in the contents of two paper bags found in the locked trunk of a car under his control",
"sentence": "See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.), cert. denied, — U.S... | 654,401 | b |
. Even if the disclaimer was not tainted, Nikzad contends that he nevertheless retained a privacy interest in the briefcase's contents because the briefcase itself was located within a closed container under his ownership and control. | {
"signal": "but see",
"identifier": "647 F.2d 999, 999",
"parenthetical": "defendant abandoned his privacy interest by disclaiming ownership of a wallet found in passenger section of his automobile",
"sentence": "But see United States v. Veatch, 647 F.2d at 999 (defendant abandoned his privacy interest by disc... | {
"signal": "see",
"identifier": null,
"parenthetical": "despite disclaimer of ownership, defendant maintained a privacy interest in the contents of two paper bags found in the locked trunk of a car under his control",
"sentence": "See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.), cert. denied, — U.S... | 654,401 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "see also",
"identifier": "636 F.2d 921, 923",
"parenthetical": "finding it improper to order restitution of the costs of investigating the defendant's case",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the ... | {
"signal": "but see",
"identifier": "560 F.2d 448, 455",
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel ... | 348,957 | a |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | {
"signal": "see also",
"identifier": "636 F.2d 921, 923",
"parenthetical": "finding it improper to order restitution of the costs of investigating the defendant's case",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the ... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | {
"signal": "see also",
"identifier": "636 F.2d 921, 923",
"parenthetical": "finding it improper to order restitution of the costs of investigating the defendant's case",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the ... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "see also",
"identifier": "636 F.2d 921, 923",
"parenthetical": "finding it improper to order restitution of the costs of investigating the defendant's case",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the ... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | 348,957 | a |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": "560 F.2d 448, 455",
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel ... | {
"signal": "see also",
"identifier": "600 F.2d 1172, 1174-75",
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "see also",
"identifier": "600 F.2d 1172, 1174-75",
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | 348,957 | a |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | {
"signal": "see also",
"identifier": "600 F.2d 1172, 1174-75",
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "see also",
"identifier": "600 F.2d 1172, 1174-75",
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | 348,957 | a |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": "560 F.2d 448, 455",
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | 348,957 | a |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | 348,957 | a |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": "560 F.2d 448, 455",
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | 348,957 | a |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | 348,957 | a |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": "560 F.2d 448, 455",
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | 348,957 | b |
The court reasoned that the victim's loss stemmed from the passing of the counterfeit bills and not from the crime of possession for which the defendant stood convicted: "[T]he mere possession and concealment of the bogus money by itself did not harm the [victim]. Therefore, Burger's offense did not 'cause' the loss fo... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting order of restitution for the cost of court-appointed defense counsel",
"sentence": "Id. at 811; see also United States v. Vaughn, 636 F.2d 921, 923 (4th Cir.1980) (finding it improper to order restitution of the costs of investigating the d... | {
"signal": "but see",
"identifier": null,
"parenthetical": "upholding the assessment of fees for court-appointed counsel under section 3651 as a \"fine\"",
"sentence": "But see United States v. Santarpio, 560 F.2d 448, 455 (1st Cir.) (upholding the assessment of fees for court-appointed counsel under section 3... | 348,957 | a |
This conclusion is supported by an examination of Plaintiffs brief and expert reports, which do not allege that the fire was caused by any defect in the electricity, but rather by PSE & G's failure to promptly discontinue electrical service to the building. Because this conduct relates to the maintenance of the electri... | {
"signal": "see also",
"identifier": "707 A.2d 1097, 1097",
"parenthetical": "holding that claims of improper maintenance and installation are governed by negligence law, not the NJPLA",
"sentence": "See Potwora v. Grip, 319 N.J.Super. 386, 725 A.2d 697, 704 (1999)(concluding that when an injury does not resul... | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding that when an injury does not result from a defective product, but rather from a service, the NJPLA is inapplicable because the plaintiffs claim is \"not 'for harm caused by a product' within the meaning of the Act\"",
"sentence": "See Potwora v... | 11,212,175 | b |
This conclusion is supported by an examination of Plaintiffs brief and expert reports, which do not allege that the fire was caused by any defect in the electricity, but rather by PSE & G's failure to promptly discontinue electrical service to the building. Because this conduct relates to the maintenance of the electri... | {
"signal": "see",
"identifier": "725 A.2d 697, 704",
"parenthetical": "concluding that when an injury does not result from a defective product, but rather from a service, the NJPLA is inapplicable because the plaintiffs claim is \"not 'for harm caused by a product' within the meaning of the Act\"",
"sentence":... | {
"signal": "see also",
"identifier": "707 A.2d 1097, 1097",
"parenthetical": "holding that claims of improper maintenance and installation are governed by negligence law, not the NJPLA",
"sentence": "See Potwora v. Grip, 319 N.J.Super. 386, 725 A.2d 697, 704 (1999)(concluding that when an injury does not resul... | 11,212,175 | a |
' By contrast, courts have found that where a plaintiff "could fully preserve in state court" as a defense the claims asserted in federal court, the second exception to the Anti-Injunction Act is not applicable because the "pendency of the state court proceedings would not meaningfully threaten th[e] Court's jurisdicti... | {
"signal": "no signal",
"identifier": "2008 WL 4820247, at *7",
"parenthetical": "holding that the Anti-Injunction Act barred the court from enjoining eviction proceedings in the Suffolk County District Court, Fifth District because the court had jurisdiction to hear the plaintiffs claims under the Real Estate S... | {
"signal": "cf.",
"identifier": "398 U.S. 295, 295",
"parenthetical": "\"the state and federal courts had concurrent jurisdiction in this [labor dispute] and neither court was free to prevent either party from simultaneously pursuing claims in both courts\"",
"sentence": "Sierra v. City of New York, 528 F.Supp... | 4,009,174 | a |
' By contrast, courts have found that where a plaintiff "could fully preserve in state court" as a defense the claims asserted in federal court, the second exception to the Anti-Injunction Act is not applicable because the "pendency of the state court proceedings would not meaningfully threaten th[e] Court's jurisdicti... | {
"signal": "cf.",
"identifier": "90 S.Ct. 1747, 1747",
"parenthetical": "\"the state and federal courts had concurrent jurisdiction in this [labor dispute] and neither court was free to prevent either party from simultaneously pursuing claims in both courts\"",
"sentence": "Sierra v. City of New York, 528 F.Su... | {
"signal": "no signal",
"identifier": "2008 WL 4820247, at *7",
"parenthetical": "holding that the Anti-Injunction Act barred the court from enjoining eviction proceedings in the Suffolk County District Court, Fifth District because the court had jurisdiction to hear the plaintiffs claims under the Real Estate S... | 4,009,174 | b |
' By contrast, courts have found that where a plaintiff "could fully preserve in state court" as a defense the claims asserted in federal court, the second exception to the Anti-Injunction Act is not applicable because the "pendency of the state court proceedings would not meaningfully threaten th[e] Court's jurisdicti... | {
"signal": "no signal",
"identifier": "2006 WL 354983, at *4",
"parenthetical": "holding that the Anti-Injunction Act barred the court from enjoining eviction proceedings because \"claims for rescission under TILA can be brought in state court, including as a defense to an eviction claim in Housing Court\"",
"... | {
"signal": "cf.",
"identifier": "398 U.S. 295, 295",
"parenthetical": "\"the state and federal courts had concurrent jurisdiction in this [labor dispute] and neither court was free to prevent either party from simultaneously pursuing claims in both courts\"",
"sentence": "Sierra v. City of New York, 528 F.Supp... | 4,009,174 | a |
' By contrast, courts have found that where a plaintiff "could fully preserve in state court" as a defense the claims asserted in federal court, the second exception to the Anti-Injunction Act is not applicable because the "pendency of the state court proceedings would not meaningfully threaten th[e] Court's jurisdicti... | {
"signal": "no signal",
"identifier": "2006 WL 354983, at *4",
"parenthetical": "holding that the Anti-Injunction Act barred the court from enjoining eviction proceedings because \"claims for rescission under TILA can be brought in state court, including as a defense to an eviction claim in Housing Court\"",
"... | {
"signal": "cf.",
"identifier": "90 S.Ct. 1747, 1747",
"parenthetical": "\"the state and federal courts had concurrent jurisdiction in this [labor dispute] and neither court was free to prevent either party from simultaneously pursuing claims in both courts\"",
"sentence": "Sierra v. City of New York, 528 F.Su... | 4,009,174 | a |
How can this court force the grocery store to sell the vendor's product when it cannot, and will not, force the customers to patronize the store? The business decision should, and does, rest squarely with the one who bears the risk of the decision. | {
"signal": "see",
"identifier": "818 F.2d 312, 317",
"parenthetical": "noting that \"it is not for the courts or juries to second-guess\" certain business decisions",
"sentence": "See Smithy Braedon Co. v. Hadid, 825 F.2d 787, 790 (4th Cir.1987) (quoting Justice Holmes regarding freedom of contract: “I think t... | {
"signal": "cf.",
"identifier": "790 F.2d 384, 390",
"parenthetical": "noting that \"South Carolina law has never equated the exercise of reasonable business judgment with an act of tor-tious bad faith.\"",
"sentence": "See Smithy Braedon Co. v. Hadid, 825 F.2d 787, 790 (4th Cir.1987) (quoting Justice Holmes r... | 9,263,731 | a |
In contrast, for example, subsection (g)(1)(B), 5 U.S.C. SS 552a(g)(l)(B), applies to a specific subsection of the Act that incorporates the Act's system of records requirement. | {
"signal": "see",
"identifier": "678 F.2d 1375, 1375-76",
"parenthetical": "\"The language of paragraph (d)(1) expressly limits its applicability to records contained within a system of records.\"",
"sentence": "See id. (providing civil relief for a “refus[al] to comply with an individual request under subsect... | {
"signal": "cf.",
"identifier": "828 F.2d 39, 39",
"parenthetical": "\"[T]he statute expressly limits the judicial remedies available under section (g)(1)(A) and (B",
"sentence": "See id. (providing civil relief for a “refus[al] to comply with an individual request under subsection (d)(1) of this section”); id... | 3,261,632 | a |
In construing this statute, I am conscious of the fact that the New Hampshire legislature passed the legislation in question as remedial law to protect subcontractors and others who are not by and large particularly skilled or sophisticated in legal language. The law should be construed in terms of its purpose and in t... | {
"signal": "cf.",
"identifier": "236 U.S. 558, 560",
"parenthetical": "bankrupt law is a \"prosy thing intended for ready application to the everyday affairs of practical business\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate ... | {
"signal": "no signal",
"identifier": "133 N.H. 887, 889",
"parenthetical": "\"we will construe statutes so as to effectuate their evident purpose\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate their evident purpose”); cf. Glea... | 6,448,208 | b |
In construing this statute, I am conscious of the fact that the New Hampshire legislature passed the legislation in question as remedial law to protect subcontractors and others who are not by and large particularly skilled or sophisticated in legal language. The law should be construed in terms of its purpose and in t... | {
"signal": "no signal",
"identifier": "133 N.H. 887, 889",
"parenthetical": "\"we will construe statutes so as to effectuate their evident purpose\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate their evident purpose”); cf. Glea... | {
"signal": "cf.",
"identifier": "35 S.Ct. 287, 288",
"parenthetical": "bankrupt law is a \"prosy thing intended for ready application to the everyday affairs of practical business\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate ... | 6,448,208 | a |
In construing this statute, I am conscious of the fact that the New Hampshire legislature passed the legislation in question as remedial law to protect subcontractors and others who are not by and large particularly skilled or sophisticated in legal language. The law should be construed in terms of its purpose and in t... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "bankrupt law is a \"prosy thing intended for ready application to the everyday affairs of practical business\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate their evident p... | {
"signal": "no signal",
"identifier": "133 N.H. 887, 889",
"parenthetical": "\"we will construe statutes so as to effectuate their evident purpose\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate their evident purpose”); cf. Glea... | 6,448,208 | b |
In construing this statute, I am conscious of the fact that the New Hampshire legislature passed the legislation in question as remedial law to protect subcontractors and others who are not by and large particularly skilled or sophisticated in legal language. The law should be construed in terms of its purpose and in t... | {
"signal": "cf.",
"identifier": "236 U.S. 558, 560",
"parenthetical": "bankrupt law is a \"prosy thing intended for ready application to the everyday affairs of practical business\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"we will construe statutes so as to effectuate their evident purpose\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate their evident purpose”); cf. Gleason v. Thaw, 23... | 6,448,208 | b |
In construing this statute, I am conscious of the fact that the New Hampshire legislature passed the legislation in question as remedial law to protect subcontractors and others who are not by and large particularly skilled or sophisticated in legal language. The law should be construed in terms of its purpose and in t... | {
"signal": "cf.",
"identifier": "35 S.Ct. 287, 288",
"parenthetical": "bankrupt law is a \"prosy thing intended for ready application to the everyday affairs of practical business\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"we will construe statutes so as to effectuate their evident purpose\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate their evident purpose”); cf. Gleason v. Thaw, 23... | 6,448,208 | b |
In construing this statute, I am conscious of the fact that the New Hampshire legislature passed the legislation in question as remedial law to protect subcontractors and others who are not by and large particularly skilled or sophisticated in legal language. The law should be construed in terms of its purpose and in t... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"we will construe statutes so as to effectuate their evident purpose\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate their evident purpose”); cf. Gleason v. Thaw, 23... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "bankrupt law is a \"prosy thing intended for ready application to the everyday affairs of practical business\"",
"sentence": "Quality Carpets v. Carter, 133 N.H. 887, 889, 587 A.2d 254 (1991) (“we will construe statutes so as to effectuate their evident p... | 6,448,208 | a |
Br. of Appellant at 8. And we further note that visible bruising itself rises to the level of temporary substantial disfigurement. See State v. Hovig, 149 Wn. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"serious\" \"red and violet teeth-mark[ ]\" bruising that lasted for 7 to 14 days constituted \"substantial bodily injury\"",
"sentence": "App. 1, 5, 13, 202 P.3d 318 (“serious” “red and violet teeth-mark[ ]” bruising that lasted for 7 to 14 days c... | {
"signal": "see also",
"identifier": "71 Wn. App. 444, 455",
"parenthetical": "bruises that resulted from being hit by a shoe were \" 'temporary but substantial disfigurement' \" (quoting RCW 9A.04.110(4)(b",
"sentence": "App. 1, 5, 13, 202 P.3d 318 (“serious” “red and violet teeth-mark[ ]” bruising that laste... | 4,006,896 | a |
Br. of Appellant at 8. And we further note that visible bruising itself rises to the level of temporary substantial disfigurement. See State v. Hovig, 149 Wn. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"serious\" \"red and violet teeth-mark[ ]\" bruising that lasted for 7 to 14 days constituted \"substantial bodily injury\"",
"sentence": "App. 1, 5, 13, 202 P.3d 318 (“serious” “red and violet teeth-mark[ ]” bruising that lasted for 7 to 14 days c... | {
"signal": "see also",
"identifier": null,
"parenthetical": "bruises that resulted from being hit by a shoe were \" 'temporary but substantial disfigurement' \" (quoting RCW 9A.04.110(4)(b",
"sentence": "App. 1, 5, 13, 202 P.3d 318 (“serious” “red and violet teeth-mark[ ]” bruising that lasted for 7 to 14 days... | 4,006,896 | a |
Br. of Appellant at 8. And we further note that visible bruising itself rises to the level of temporary substantial disfigurement. See State v. Hovig, 149 Wn. | {
"signal": "see also",
"identifier": "71 Wn. App. 444, 455",
"parenthetical": "bruises that resulted from being hit by a shoe were \" 'temporary but substantial disfigurement' \" (quoting RCW 9A.04.110(4)(b",
"sentence": "App. 1, 5, 13, 202 P.3d 318 (“serious” “red and violet teeth-mark[ ]” bruising that laste... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"serious\" \"red and violet teeth-mark[ ]\" bruising that lasted for 7 to 14 days constituted \"substantial bodily injury\"",
"sentence": "App. 1, 5, 13, 202 P.3d 318 (“serious” “red and violet teeth-mark[ ]” bruising that lasted for 7 to 14 days c... | 4,006,896 | b |
Br. of Appellant at 8. And we further note that visible bruising itself rises to the level of temporary substantial disfigurement. See State v. Hovig, 149 Wn. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bruises that resulted from being hit by a shoe were \" 'temporary but substantial disfigurement' \" (quoting RCW 9A.04.110(4)(b",
"sentence": "App. 1, 5, 13, 202 P.3d 318 (“serious” “red and violet teeth-mark[ ]” bruising that lasted for 7 to 14 days... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"serious\" \"red and violet teeth-mark[ ]\" bruising that lasted for 7 to 14 days constituted \"substantial bodily injury\"",
"sentence": "App. 1, 5, 13, 202 P.3d 318 (“serious” “red and violet teeth-mark[ ]” bruising that lasted for 7 to 14 days c... | 4,006,896 | b |
On several occasions, this Court has commented that it is improper for a prosecutor to ask the court members to infer guilt because an accused has exercised his constitutional rights. | {
"signal": "see",
"identifier": "39 MJ 259, 262",
"parenthetical": "improper to comment on appellant's refusal to consent to search",
"sentence": "See United States v. Turner, 39 MJ 259, 262 (CMA 1994) (improper to comment on appellant’s refusal to consent to search); United States v. Toro, 37 MJ 313, 318 (CMA... | {
"signal": "see also",
"identifier": "37 MJ 308, 311",
"parenthetical": "improper to urge members to reject innocent ingestion defense in drug cases in order to deter others from making similar claims",
"sentence": "See United States v. Turner, 39 MJ 259, 262 (CMA 1994) (improper to comment on appellant’s refu... | 80,954 | a |
On several occasions, this Court has commented that it is improper for a prosecutor to ask the court members to infer guilt because an accused has exercised his constitutional rights. | {
"signal": "see",
"identifier": "37 MJ 313, 318",
"parenthetical": "improper to comment of exercise of right to remain silent",
"sentence": "See United States v. Turner, 39 MJ 259, 262 (CMA 1994) (improper to comment on appellant’s refusal to consent to search); United States v. Toro, 37 MJ 313, 318 (CMA 1993)... | {
"signal": "see also",
"identifier": "37 MJ 308, 311",
"parenthetical": "improper to urge members to reject innocent ingestion defense in drug cases in order to deter others from making similar claims",
"sentence": "See United States v. Turner, 39 MJ 259, 262 (CMA 1994) (improper to comment on appellant’s refu... | 80,954 | a |
On several occasions, this Court has commented that it is improper for a prosecutor to ask the court members to infer guilt because an accused has exercised his constitutional rights. | {
"signal": "see also",
"identifier": "37 MJ 308, 311",
"parenthetical": "improper to urge members to reject innocent ingestion defense in drug cases in order to deter others from making similar claims",
"sentence": "See United States v. Turner, 39 MJ 259, 262 (CMA 1994) (improper to comment on appellant’s refu... | {
"signal": "see",
"identifier": "15 MJ 26, 29",
"parenthetical": "improper to argue that accused \"asserted his rights\" and \"fought this every inch of the way\"",
"sentence": "See United States v. Turner, 39 MJ 259, 262 (CMA 1994) (improper to comment on appellant’s refusal to consent to search); United Stat... | 80,954 | b |
Inconsistencies in his testimony might be attributed to the tricks memory often plays when a person wishes the past were different from what it was. See U.S.S.G. SS 3C1.1 cmt. 1 ("inaccurate testimony or statements sometimes may result from confusion, mistake, or faulty memory and, thus, not all ... reflect a willful a... | {
"signal": "cf.",
"identifier": "895 F.Supp. 460, 526-27",
"parenthetical": "arguing that a requirement of \"automatic enhancement\" upon a district court's finding of perjury undercuts sound policy and a defendant's constitutional right to testify",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, su... | {
"signal": "see",
"identifier": null,
"parenthetical": "clear finding of perjury required for enhancement under U.S.S.C. SS 3C1.1 based upon defendant's alleged false testimony",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attempting to suborn perjury” .warrant obstruction \"of just... | 11,686,285 | b |
Inconsistencies in his testimony might be attributed to the tricks memory often plays when a person wishes the past were different from what it was. See U.S.S.G. SS 3C1.1 cmt. 1 ("inaccurate testimony or statements sometimes may result from confusion, mistake, or faulty memory and, thus, not all ... reflect a willful a... | {
"signal": "see",
"identifier": null,
"parenthetical": "clear finding of perjury required for enhancement under U.S.S.C. SS 3C1.1 based upon defendant's alleged false testimony",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attempting to suborn perjury” .warrant obstruction \"of just... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "arguing that a requirement of \"automatic enhancement\" upon a district court's finding of perjury undercuts sound policy and a defendant's constitutional right to testify",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attemptin... | 11,686,285 | a |
Inconsistencies in his testimony might be attributed to the tricks memory often plays when a person wishes the past were different from what it was. See U.S.S.G. SS 3C1.1 cmt. 1 ("inaccurate testimony or statements sometimes may result from confusion, mistake, or faulty memory and, thus, not all ... reflect a willful a... | {
"signal": "see",
"identifier": "113 S.Ct. 1111, 1116-17",
"parenthetical": "clear finding of perjury required for enhancement under U.S.S.C. SS 3C1.1 based upon defendant's alleged false testimony",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attempting to suborn perjury” .warrant ... | {
"signal": "cf.",
"identifier": "895 F.Supp. 460, 526-27",
"parenthetical": "arguing that a requirement of \"automatic enhancement\" upon a district court's finding of perjury undercuts sound policy and a defendant's constitutional right to testify",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, su... | 11,686,285 | a |
Inconsistencies in his testimony might be attributed to the tricks memory often plays when a person wishes the past were different from what it was. See U.S.S.G. SS 3C1.1 cmt. 1 ("inaccurate testimony or statements sometimes may result from confusion, mistake, or faulty memory and, thus, not all ... reflect a willful a... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "arguing that a requirement of \"automatic enhancement\" upon a district court's finding of perjury undercuts sound policy and a defendant's constitutional right to testify",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attemptin... | {
"signal": "see",
"identifier": "113 S.Ct. 1111, 1116-17",
"parenthetical": "clear finding of perjury required for enhancement under U.S.S.C. SS 3C1.1 based upon defendant's alleged false testimony",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attempting to suborn perjury” .warrant ... | 11,686,285 | b |
Inconsistencies in his testimony might be attributed to the tricks memory often plays when a person wishes the past were different from what it was. See U.S.S.G. SS 3C1.1 cmt. 1 ("inaccurate testimony or statements sometimes may result from confusion, mistake, or faulty memory and, thus, not all ... reflect a willful a... | {
"signal": "cf.",
"identifier": "895 F.Supp. 460, 526-27",
"parenthetical": "arguing that a requirement of \"automatic enhancement\" upon a district court's finding of perjury undercuts sound policy and a defendant's constitutional right to testify",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, su... | {
"signal": "see",
"identifier": null,
"parenthetical": "clear finding of perjury required for enhancement under U.S.S.C. SS 3C1.1 based upon defendant's alleged false testimony",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attempting to suborn perjury” .warrant obstruction \"of just... | 11,686,285 | b |
Inconsistencies in his testimony might be attributed to the tricks memory often plays when a person wishes the past were different from what it was. See U.S.S.G. SS 3C1.1 cmt. 1 ("inaccurate testimony or statements sometimes may result from confusion, mistake, or faulty memory and, thus, not all ... reflect a willful a... | {
"signal": "see",
"identifier": null,
"parenthetical": "clear finding of perjury required for enhancement under U.S.S.C. SS 3C1.1 based upon defendant's alleged false testimony",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attempting to suborn perjury” .warrant obstruction \"of just... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "arguing that a requirement of \"automatic enhancement\" upon a district court's finding of perjury undercuts sound policy and a defendant's constitutional right to testify",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attemptin... | 11,686,285 | a |
Inconsistencies in his testimony might be attributed to the tricks memory often plays when a person wishes the past were different from what it was. See U.S.S.G. SS 3C1.1 cmt. 1 ("inaccurate testimony or statements sometimes may result from confusion, mistake, or faulty memory and, thus, not all ... reflect a willful a... | {
"signal": "cf.",
"identifier": "895 F.Supp. 460, 526-27",
"parenthetical": "arguing that a requirement of \"automatic enhancement\" upon a district court's finding of perjury undercuts sound policy and a defendant's constitutional right to testify",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, su... | {
"signal": "see",
"identifier": "999 F.2d 43, 45-46",
"parenthetical": "\"A district court may enhance a defendant's sentence for obstruction of justice if the defendant commits perjury.\"",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attempting to suborn perjury” .warrant obstructi... | 11,686,285 | b |
Inconsistencies in his testimony might be attributed to the tricks memory often plays when a person wishes the past were different from what it was. See U.S.S.G. SS 3C1.1 cmt. 1 ("inaccurate testimony or statements sometimes may result from confusion, mistake, or faulty memory and, thus, not all ... reflect a willful a... | {
"signal": "see",
"identifier": "999 F.2d 43, 45-46",
"parenthetical": "\"A district court may enhance a defendant's sentence for obstruction of justice if the defendant commits perjury.\"",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attempting to suborn perjury” .warrant obstructi... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "arguing that a requirement of \"automatic enhancement\" upon a district court's finding of perjury undercuts sound policy and a defendant's constitutional right to testify",
"sentence": "See U.S.S.G. § 3C1.1 cmt. 3(b) (“committing, suborning, or attemptin... | 11,686,285 | a |
In light of the foregoing, we find Petitioner established that an actual conflict of interest adversely affected her plea coun sel's performance. | {
"signal": "see also",
"identifier": "372 S.C. 549, 551-52",
"parenthetical": "Petitioner in PCR proceeding demonstrated actual conflict of interest that adversely affected counsel's trial performance where his counsel, who represented him on the charge of murder, also simultaneously represented Petitioner's fat... | {
"signal": "see",
"identifier": "346 S.C. 140, 143-45",
"parenthetical": "holding Petitioner in PCR proceeding demonstrated actual conflict of interest that affected her counsel's performance given counsel jointly represented Petitioner and her husband in a case where solicitor offered a plea . bargain that woul... | 3,791,963 | b |
In light of the foregoing, we find Petitioner established that an actual conflict of interest adversely affected her plea coun sel's performance. | {
"signal": "see",
"identifier": "346 S.C. 140, 143-45",
"parenthetical": "holding Petitioner in PCR proceeding demonstrated actual conflict of interest that affected her counsel's performance given counsel jointly represented Petitioner and her husband in a case where solicitor offered a plea . bargain that woul... | {
"signal": "see also",
"identifier": "643 S.E.2d 690, 691-92",
"parenthetical": "Petitioner in PCR proceeding demonstrated actual conflict of interest that adversely affected counsel's trial performance where his counsel, who represented him on the charge of murder, also simultaneously represented Petitioner's f... | 3,791,963 | a |
In light of the foregoing, we find Petitioner established that an actual conflict of interest adversely affected her plea coun sel's performance. | {
"signal": "see",
"identifier": "551 S.E.2d 254, 256",
"parenthetical": "holding Petitioner in PCR proceeding demonstrated actual conflict of interest that affected her counsel's performance given counsel jointly represented Petitioner and her husband in a case where solicitor offered a plea . bargain that would... | {
"signal": "see also",
"identifier": "372 S.C. 549, 551-52",
"parenthetical": "Petitioner in PCR proceeding demonstrated actual conflict of interest that adversely affected counsel's trial performance where his counsel, who represented him on the charge of murder, also simultaneously represented Petitioner's fat... | 3,791,963 | a |
In light of the foregoing, we find Petitioner established that an actual conflict of interest adversely affected her plea coun sel's performance. | {
"signal": "see also",
"identifier": "643 S.E.2d 690, 691-92",
"parenthetical": "Petitioner in PCR proceeding demonstrated actual conflict of interest that adversely affected counsel's trial performance where his counsel, who represented him on the charge of murder, also simultaneously represented Petitioner's f... | {
"signal": "see",
"identifier": "551 S.E.2d 254, 256",
"parenthetical": "holding Petitioner in PCR proceeding demonstrated actual conflict of interest that affected her counsel's performance given counsel jointly represented Petitioner and her husband in a case where solicitor offered a plea . bargain that would... | 3,791,963 | b |
Since Prudential, the supreme court has consistently emphasized that mandamus relief is appropriate "to spare the parties and the public the time and money spent on fatally flawed proceedings." | {
"signal": "see",
"identifier": "355 S.W.3d 611, 615",
"parenthetical": "\"Requiring eight separate suits here, when only one is proper, would be a clear waste of the resources of the State, the landowners, and the court.\"",
"sentence": "In re Essex Ins. Co., 450 S.W.3d 524, 528 (Tex.2014) (orig.proceeding) (... | {
"signal": "no signal",
"identifier": "450 S.W.3d 524, 528",
"parenthetical": "concluding that appeal provided an inadequate remedy for the trial court's refusal to dismiss an injured worker's claim for declaratory judgment regarding insurance coverage in a personal injury action in \"light of the conflict of in... | 6,782,104 | b |
Since Prudential, the supreme court has consistently emphasized that mandamus relief is appropriate "to spare the parties and the public the time and money spent on fatally flawed proceedings." | {
"signal": "no signal",
"identifier": "450 S.W.3d 524, 528",
"parenthetical": "concluding that appeal provided an inadequate remedy for the trial court's refusal to dismiss an injured worker's claim for declaratory judgment regarding insurance coverage in a personal injury action in \"light of the conflict of in... | {
"signal": "see",
"identifier": "275 S.W.3d 458, 465",
"parenthetical": "\"The most frequent use we have made of mandamus relief involves cases in which the very act of proceeding to trial -- regardless of the outcome -- would defeat the substantive right involved.\"",
"sentence": "In re Essex Ins. Co., 450 S.... | 6,782,104 | a |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "see",
"identifier": "370 N.J.Super. 282, 293-94",
"parenthetical": "\"Our Supreme Court has indicated that a court should be especially hesitant in implying a right to a private cause of action against an entity that is subject to such pervasive regulation by a State agency.\"",
"sentence": "See Ca... | {
"signal": "see also",
"identifier": "182 N.J.Super. 24, 24",
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied priv... | 4,225,812 | a |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied private cause of action... | {
"signal": "see",
"identifier": "370 N.J.Super. 282, 293-94",
"parenthetical": "\"Our Supreme Court has indicated that a court should be especially hesitant in implying a right to a private cause of action against an entity that is subject to such pervasive regulation by a State agency.\"",
"sentence": "See Ca... | 4,225,812 | b |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "see also",
"identifier": "182 N.J.Super. 24, 24",
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied priv... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Our Supreme Court has indicated that a court should be especially hesitant in implying a right to a private cause of action against an entity that is subject to such pervasive regulation by a State agency.\"",
"sentence": "See Castro v. NYT Television, ... | 4,225,812 | b |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied private cause of action... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Our Supreme Court has indicated that a court should be especially hesitant in implying a right to a private cause of action against an entity that is subject to such pervasive regulation by a State agency.\"",
"sentence": "See Castro v. NYT Television, ... | 4,225,812 | b |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "see also",
"identifier": "182 N.J.Super. 24, 24",
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied priv... | {
"signal": "no signal",
"identifier": "168 N.J. 280, 280-81",
"parenthetical": "refusing to recognize implied private cause of action against insurance company in light of \"comprehensive regulation\" 'of insurance industry",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied... | 4,225,812 | b |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied private cause of action... | {
"signal": "no signal",
"identifier": "168 N.J. 280, 280-81",
"parenthetical": "refusing to recognize implied private cause of action against insurance company in light of \"comprehensive regulation\" 'of insurance industry",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied... | 4,225,812 | b |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "see also",
"identifier": "182 N.J.Super. 24, 24",
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied priv... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "refusing to recognize implied private cause of action against insurance company in light of \"comprehensive regulation\" 'of insurance industry",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied private cause of ... | 4,225,812 | b |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "refusing to recognize implied private cause of action against insurance company in light of \"comprehensive regulation\" 'of insurance industry",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied private cause of ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied private cause of action... | 4,225,812 | a |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "no signal",
"identifier": "155 N.J. 245, 266",
"parenthetical": "\"Given the elaborate regulatory scheme\" under which casinos operate, the Court \"decline[d] to imply a cause of action [against casino] when no such cause of action exist[ed] at common law.\"",
"sentence": "Gaydos, 168 N.J. at 280-8... | {
"signal": "see also",
"identifier": "182 N.J.Super. 24, 24",
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied priv... | 4,225,812 | a |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "no signal",
"identifier": "155 N.J. 245, 266",
"parenthetical": "\"Given the elaborate regulatory scheme\" under which casinos operate, the Court \"decline[d] to imply a cause of action [against casino] when no such cause of action exist[ed] at common law.\"",
"sentence": "Gaydos, 168 N.J. at 280-8... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied private cause of action... | 4,225,812 | a |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"Given the elaborate regulatory scheme\" under which casinos operate, the Court \"decline[d] to imply a cause of action [against casino] when no such cause of action exist[ed] at common law.\"",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 113... | {
"signal": "see also",
"identifier": "182 N.J.Super. 24, 24",
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied priv... | 4,225,812 | a |
Moreover, there is no evidence that the New Jersey Legislature or the Racing Commission intended to create a private right of action. Indeed, the regulations provide for enforcement of the Trainer Responsibility Rule by Racing Commission stewards through the imposition of administrative sanctions (such as fines and sus... | {
"signal": "see also",
"identifier": null,
"parenthetical": "no private right of action conferred by environmental regulations because Department of Environmental Protection has enforcement authority",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 1132 (refusing to recognize implied private cause of action... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"Given the elaborate regulatory scheme\" under which casinos operate, the Court \"decline[d] to imply a cause of action [against casino] when no such cause of action exist[ed] at common law.\"",
"sentence": "Gaydos, 168 N.J. at 280-81, 773 A.2d 113... | 4,225,812 | b |
But when, particularly after having mentioned that petitioner had served four months in a treatment-type institution, the district court ordered twelve months to be served consecutively to the term for the marijuana conviction, the most logical -- and we hold proper -- reading is that the judge intended twelve more mon... | {
"signal": "no signal",
"identifier": "883 F.2d 209, 211",
"parenthetical": "\"when a convicted defendant receives less than the maximum possible sentence, it is presumed that the trial court has credited defendant with time already served unless the record shows otherwise\"",
"sentence": "United States v. Ken... | {
"signal": "cf.",
"identifier": "415 F.2d 344, 345",
"parenthetical": "same presumption for pre-sentence custody time when court's sentence is less than the maximum sentence that could have been imposed",
"sentence": "Cf. Davis v. Willingham, 415 F.2d 344, 345 (10th Cir.1969) (same presumption for pre-sentence... | 7,410,849 | a |
. We also note that the stay of a civil forfeiture action where there is a related criminal action often can serve to benefit criminal defendants who are claimants to the property that is the subject of the civil forfeiture action; the stay in the civil case prevents the government from using civil discovery as a means... | {
"signal": "see also",
"identifier": "781 F.Supp. 830, 834-35",
"parenthetical": "granting a stay of discovery in a civil forfeiture action to protect a criminal defendant's Fifth Amendment rights",
"sentence": "See Afro-Lecon, Inc. v. United States, 820 F.2d 1198, 1203 (Fed.Cir.1987) (\"The broad scope of civ... | {
"signal": "see",
"identifier": "820 F.2d 1198, 1203",
"parenthetical": "\"The broad scope of civil discovery may present to both the prosecution, and at times the criminal defendant, an irresistible temptation to use that discovery to one's advantage in the criminal case.\"",
"sentence": "See Afro-Lecon, Inc.... | 4,053,710 | b |
Defendant is correct that plaintiff did not assert the allegations in counts 4, 8, 10, and 11 before the ABCMR. When a plaintiff fails to raise arguments before the ABCMR, he or she is precluded from raising those arguments for the first time before this court. | {
"signal": "see",
"identifier": "582 F.3d 1358, 1367",
"parenthetical": "holding that judicial review of decisions of military correction boards is review of the Administrative Record conducted under the Administrative Procedure Act",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) ... | {
"signal": "see also",
"identifier": "80 Fed.Cl. 545, 560",
"parenthetical": "\"[t]he court will not consider materials that were not presented to a review board\"",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) (holding that judicial review of decisions of military correction boa... | 4,008,889 | a |
Defendant is correct that plaintiff did not assert the allegations in counts 4, 8, 10, and 11 before the ABCMR. When a plaintiff fails to raise arguments before the ABCMR, he or she is precluded from raising those arguments for the first time before this court. | {
"signal": "see also",
"identifier": "591 F.3d 1372, 1374",
"parenthetical": "\"[t]he court will not consider materials that were not presented to a review board\"",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) (holding that judicial review of decisions of military correction boa... | {
"signal": "see",
"identifier": "582 F.3d 1358, 1367",
"parenthetical": "holding that judicial review of decisions of military correction boards is review of the Administrative Record conducted under the Administrative Procedure Act",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) ... | 4,008,889 | b |
Defendant is correct that plaintiff did not assert the allegations in counts 4, 8, 10, and 11 before the ABCMR. When a plaintiff fails to raise arguments before the ABCMR, he or she is precluded from raising those arguments for the first time before this court. | {
"signal": "see",
"identifier": "466 F.3d 991, 999",
"parenthetical": "holding that plaintiff waived his argument of ineffective counsel in front of the United States Court of Federal Claims because he failed to raise the issue in the first instance with the Air Force Board for the Correction of Military Records... | {
"signal": "see also",
"identifier": "80 Fed.Cl. 545, 560",
"parenthetical": "\"[t]he court will not consider materials that were not presented to a review board\"",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) (holding that judicial review of decisions of military correction boa... | 4,008,889 | a |
Defendant is correct that plaintiff did not assert the allegations in counts 4, 8, 10, and 11 before the ABCMR. When a plaintiff fails to raise arguments before the ABCMR, he or she is precluded from raising those arguments for the first time before this court. | {
"signal": "see",
"identifier": "466 F.3d 991, 999",
"parenthetical": "holding that plaintiff waived his argument of ineffective counsel in front of the United States Court of Federal Claims because he failed to raise the issue in the first instance with the Air Force Board for the Correction of Military Records... | {
"signal": "see also",
"identifier": "591 F.3d 1372, 1374",
"parenthetical": "\"[t]he court will not consider materials that were not presented to a review board\"",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) (holding that judicial review of decisions of military correction boa... | 4,008,889 | a |
Defendant is correct that plaintiff did not assert the allegations in counts 4, 8, 10, and 11 before the ABCMR. When a plaintiff fails to raise arguments before the ABCMR, he or she is precluded from raising those arguments for the first time before this court. | {
"signal": "see also",
"identifier": "80 Fed.Cl. 545, 560",
"parenthetical": "\"[t]he court will not consider materials that were not presented to a review board\"",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) (holding that judicial review of decisions of military correction boa... | {
"signal": "see",
"identifier": "398 F.3d 1342, 1354",
"parenthetical": "holding that the Court of Federal Claims correctly concluded that plaintiff waived his argument concerning his father's constructive travel restriction by not first raising the argument with the administrative agency",
"sentence": "See Wa... | 4,008,889 | b |
Defendant is correct that plaintiff did not assert the allegations in counts 4, 8, 10, and 11 before the ABCMR. When a plaintiff fails to raise arguments before the ABCMR, he or she is precluded from raising those arguments for the first time before this court. | {
"signal": "see also",
"identifier": "591 F.3d 1372, 1374",
"parenthetical": "\"[t]he court will not consider materials that were not presented to a review board\"",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) (holding that judicial review of decisions of military correction boa... | {
"signal": "see",
"identifier": "398 F.3d 1342, 1354",
"parenthetical": "holding that the Court of Federal Claims correctly concluded that plaintiff waived his argument concerning his father's constructive travel restriction by not first raising the argument with the administrative agency",
"sentence": "See Wa... | 4,008,889 | b |
Defendant is correct that plaintiff did not assert the allegations in counts 4, 8, 10, and 11 before the ABCMR. When a plaintiff fails to raise arguments before the ABCMR, he or she is precluded from raising those arguments for the first time before this court. | {
"signal": "see",
"identifier": "103 Fed.Cl. 274, 283",
"parenthetical": "\"When a service member chooses first to petition a military correction board, the Court of Federal Claims' review is limited to the administrative record.\"",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) (... | {
"signal": "see also",
"identifier": "80 Fed.Cl. 545, 560",
"parenthetical": "\"[t]he court will not consider materials that were not presented to a review board\"",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) (holding that judicial review of decisions of military correction boa... | 4,008,889 | a |
Defendant is correct that plaintiff did not assert the allegations in counts 4, 8, 10, and 11 before the ABCMR. When a plaintiff fails to raise arguments before the ABCMR, he or she is precluded from raising those arguments for the first time before this court. | {
"signal": "see also",
"identifier": "591 F.3d 1372, 1374",
"parenthetical": "\"[t]he court will not consider materials that were not presented to a review board\"",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) (holding that judicial review of decisions of military correction boa... | {
"signal": "see",
"identifier": "103 Fed.Cl. 274, 283",
"parenthetical": "\"When a service member chooses first to petition a military correction board, the Court of Federal Claims' review is limited to the administrative record.\"",
"sentence": "See Walls v. United States, 582 F.3d 1358, 1367 (Fed.Cir.2009) (... | 4,008,889 | b |
Tr. at 36:19-37:15. Indeed, Uber argued that so long as just one driver opted-out of the 2013 Agreement's arbitration provision, the opt-out right necessarily must have been "real," and thus the arbitration provision (and importantly for this discussion, the delegation clause) was not oppressive or otherwise procedural... | {
"signal": "see",
"identifier": "42 Cal.4th 471, 471-72",
"parenthetical": "finding that even the presence of a conspicuous opt-out provision did not render an arbitration provision entirely without procedural unconscionability or oppression",
"sentence": "See Gentry, 42 Cal.4th at 471-72, 64 Cal.Rptr.3d 773 (... | {
"signal": "see also",
"identifier": "2009 WL 1709569, at *5",
"parenthetical": "concluding that Gentry held generally that \"even a contract with an opt-out provision can be a contract of adhesion\"",
"sentence": "See Gentry, 42 Cal.4th at 471-72, 64 Cal.Rptr.3d 773 (finding that even the presence of a conspi... | 4,365,077 | a |
Tr. at 36:19-37:15. Indeed, Uber argued that so long as just one driver opted-out of the 2013 Agreement's arbitration provision, the opt-out right necessarily must have been "real," and thus the arbitration provision (and importantly for this discussion, the delegation clause) was not oppressive or otherwise procedural... | {
"signal": "see",
"identifier": null,
"parenthetical": "finding that even the presence of a conspicuous opt-out provision did not render an arbitration provision entirely without procedural unconscionability or oppression",
"sentence": "See Gentry, 42 Cal.4th at 471-72, 64 Cal.Rptr.3d 773 (finding that even th... | {
"signal": "see also",
"identifier": "2009 WL 1709569, at *5",
"parenthetical": "concluding that Gentry held generally that \"even a contract with an opt-out provision can be a contract of adhesion\"",
"sentence": "See Gentry, 42 Cal.4th at 471-72, 64 Cal.Rptr.3d 773 (finding that even the presence of a conspi... | 4,365,077 | a |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.