context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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The fraudulent letter that Kipta used to back her deposits stated that she had -reserves of $800,000.00, an amount more than sufficient to cover the deposits into the First Chicago account. There was nothing to limit the amount of funds available for withdrawal, and the corresponding potential for loss by First Chicago... | {
"signal": "see",
"identifier": "63 F.3d 505, 513",
"parenthetical": "holding that the amount that a defendant made available to himself by way of fraudulent deposits demonstrated the amount of loss intended",
"sentence": "See United States v. Yusufu, 63 F.3d 505, 513 (7th Cir.1995) (holding that the amount th... | {
"signal": "see also",
"identifier": "146 F.3d 502, 509-10",
"parenthetical": "\"[T]he relevant inquiry is not 'How much would the defendants probably have gotten away with?', but, rather, 'How many dollars did the culprits' scheme put at risk?'.\"",
"sentence": "See United States v. Yusufu, 63 F.3d 505, 513 (... | 1,747,603 | a |
While this case is not a criminal action like Rodriguez, the facts here are similar in that Agilysys had a policy that authorized Hall to access the internet for business purposes only. And Plaintiff alleges that Hall exceeded this authorization when he accessed the internet to send Agilysys information to his personal... | {
"signal": "see",
"identifier": "628 F.3d 1263, 1263",
"parenthetical": "company policy restricted employee's authorization to access certain information and the employee admitted that he accessed the information",
"sentence": "See Rodriguez, 628 F.3d at 1263 (company policy restricted employee’s authorization... | {
"signal": "cf.",
"identifier": "65 F.Supp.3d 1339, 1346",
"parenthetical": "finding company policy that required the employee to keep information confidential and to use information for business purposes only akin to the policy in Rodriguez and concluding that- the plaintiff stated a claim under the CFAA that t... | 12,273,880 | a |
While this case is not a criminal action like Rodriguez, the facts here are similar in that Agilysys had a policy that authorized Hall to access the internet for business purposes only. And Plaintiff alleges that Hall exceeded this authorization when he accessed the internet to send Agilysys information to his personal... | {
"signal": "see",
"identifier": "2012 WL 12872028, at *6",
"parenthetical": "relying on Rodriguez and denying dismissal of CFAA claim because fact questions remained about the purpose for which an employee accessed information and whether the employee exceeded his authorized access",
"sentence": "See Rodriguez... | {
"signal": "cf.",
"identifier": "65 F.Supp.3d 1339, 1346",
"parenthetical": "finding company policy that required the employee to keep information confidential and to use information for business purposes only akin to the policy in Rodriguez and concluding that- the plaintiff stated a claim under the CFAA that t... | 12,273,880 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "where police responded to a radio call reporting breaking and entering at defendant's apartment, found the door to the apartment pried open, and entered to search for a burglar, defendant's motion to suppress a sawed-off shotgun found in plain view, held pr... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | {
"signal": "see",
"identifier": null,
"parenthetical": "where police responded to a radio call reporting breaking and entering at defendant's apartment, found the door to the apartment pried open, and entered to search for a burglar, defendant's motion to suppress a sawed-off shotgun found in plain view, held pr... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | {
"signal": "see",
"identifier": null,
"parenthetical": "where neighbor reported to police that someone was tampering with window of trailer home and said trailer door always locked, and officer found door unlocked, entry \"to protect the property\" was deemed proper",
"sentence": "See United States v. Estese, ... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | {
"signal": "see",
"identifier": null,
"parenthetical": "where neighbor reported to police that someone was tampering with window of trailer home and said trailer door always locked, and officer found door unlocked, entry \"to protect the property\" was deemed proper",
"sentence": "See United States v. Estese, ... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | {
"signal": "see",
"identifier": null,
"parenthetical": "where neighbor reported to police that someone was tampering with window of trailer home and said trailer door always locked, and officer found door unlocked, entry \"to protect the property\" was deemed proper",
"sentence": "See United States v. Estese, ... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | {
"signal": "see",
"identifier": null,
"parenthetical": "where neighbor reported to police that someone was tampering with window of trailer home and said trailer door always locked, and officer found door unlocked, entry \"to protect the property\" was deemed proper",
"sentence": "See United States v. Estese, ... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "entry by police lawful where police found apartment door ajar and apartment appeared to have been ransacked",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio call reporting breaking and entering at... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "entry by police lawful where police found apartment door ajar and apartment appeared to have been ransacked",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio call reporting breaking and entering at... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | {
"signal": "see",
"identifier": null,
"parenthetical": "police could enter unoccupied house after reports of juvenile breaking into house to obtain drugs",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio call reporting breaking and entering at defendant... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "police could enter unoccupied house after reports of juvenile breaking into house to obtain drugs",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio call reporting breaking and entering at defendant... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "police properly entered units of self-storage warehouse complex upon finding locks sawed off and doors forced open",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio call reporting breaking and ente... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | {
"signal": "see",
"identifier": null,
"parenthetical": "police properly entered units of self-storage warehouse complex upon finding locks sawed off and doors forced open",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio call reporting breaking and ente... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "where neighbor reported burglary and officer who responded saw open window and TV and other valuable property inside, it \"would have been poor police work indeed for an officer to fail to investigate under circumstances suggesting a crime in progress.\"",
... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | {
"signal": "see",
"identifier": null,
"parenthetical": "where neighbor reported burglary and officer who responded saw open window and TV and other valuable property inside, it \"would have been poor police work indeed for an officer to fail to investigate under circumstances suggesting a crime in progress.\"",
... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | {
"signal": "see",
"identifier": "227 Cal.Rptr. 654, 657",
"parenthetical": "where neighbor reported burglary and officer who responded saw open window and TV and other valuable property inside, it \"would have been poor police work indeed for an officer to fail to investigate under circumstances suggesting a cri... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | {
"signal": "see",
"identifier": "227 Cal.Rptr. 654, 657",
"parenthetical": "where neighbor reported burglary and officer who responded saw open window and TV and other valuable property inside, it \"would have been poor police work indeed for an officer to fail to investigate under circumstances suggesting a cri... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | {
"signal": "see",
"identifier": null,
"parenthetical": "where neighbor reported burglary and officer who responded saw open window and TV and other valuable property inside, it \"would have been poor police work indeed for an officer to fail to investigate under circumstances suggesting a crime in progress.\"",
... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "where neighbor reported burglary and officer who responded saw open window and TV and other valuable property inside, it \"would have been poor police work indeed for an officer to fail to investigate under circumstances suggesting a crime in progress.\"",
... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | {
"signal": "see",
"identifier": null,
"parenthetical": "police can enter where there is \"probable cause to believe that burglary is either in progress or recently has been committed,\"",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio call reporting br... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "police can enter where there is \"probable cause to believe that burglary is either in progress or recently has been committed,\"",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio call reporting br... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | {
"signal": "see",
"identifier": "646 A.2d 376, 382",
"parenthetical": "police can enter where there is \"probable cause to believe that burglary is either in progress or recently has been committed,\"",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio ca... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | {
"signal": "see",
"identifier": "646 A.2d 376, 382",
"parenthetical": "police can enter where there is \"probable cause to believe that burglary is either in progress or recently has been committed,\"",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (where police responded to a radio ca... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "police lawfully entered premises after security alarm had been activated, found unlocked door on rear deck but no response to efforts to communicate with anyone who might be inside",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "police lawfully entered premises after security alarm had been activated, found unlocked door on rear deck but no response to efforts to communicate with anyone who might be inside",
"sentence": "See United States v. Estese, 479 F.2d 1273 (6th Cir.1973) (... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding lower court's conclusion that when officer on routine patrol saw individual with known criminal record leave a business at 3:30 a.m., found his explanation suspicious, and door of business open, officer \"had every right to enter the building and ... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | 401,263 | a |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding lower court's conclusion that when officer on routine patrol saw individual with known criminal record leave a business at 3:30 a.m., found his explanation suspicious, and door of business open, officer \"had every right to enter the building and ... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "where neighbors said the suspected burglars departed by car over an hour earlier, police looking in basement window of residence thought to have been burglarized constituted an illegal search despite claim police engaged in lawful \"community caretaking... | {
"signal": "see",
"identifier": "958 P.2d 690, 694",
"parenthetical": "upholding lower court's conclusion that when officer on routine patrol saw individual with known criminal record leave a business at 3:30 a.m., found his explanation suspicious, and door of business open, officer \"had every right to enter th... | 401,263 | b |
The established and well-delineated exception to the requirement for a warrant in circumstances involving recently burglarized premises is discussed in numerous cases which we set forth in ascending chronological order. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "police entry unlawful where neighbor who was asked by defendant to watch his house trailer while defendant was away saw defendant depart and leave front door open and called police when door still open one day later but there was no sign of forced entry... | {
"signal": "see",
"identifier": "958 P.2d 690, 694",
"parenthetical": "upholding lower court's conclusion that when officer on routine patrol saw individual with known criminal record leave a business at 3:30 a.m., found his explanation suspicious, and door of business open, officer \"had every right to enter th... | 401,263 | b |
Plaintiff also advances claims for what appear to be medical negligence and employment discrimination by the VA. These claims are separate and distinct from his claims for benefits and are not governed by the VJRA. | {
"signal": "see",
"identifier": "678 F.3d 1023, 1023",
"parenthetical": "holding that district courts could consider FTCA claims alleging negligence against VA doctors because it would no't have any effect on benefits",
"sentence": "See Shinseki, 678 F.3d at 1023 (holding that district courts could consider FT... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing the difference between claims relating to benefits and administrative tort claims",
"sentence": "See Shinseki, 678 F.3d at 1023 (holding that district courts could consider FTCA claims alleging negligence against VA doctors because it wou... | 12,143,578 | a |
He stated that he would have objected to the method of selection had he believed improprieties existed. This is not a case where counsel inadvertently failed to object or where counsel lacked knowledge of the facts or law to make the objection. | {
"signal": "no signal",
"identifier": "468 U.S. 1, 16",
"parenthetical": "\"[W]here a constitutional claim is so novel that its legal basis is not reasonably available to counsel, a defendant has cause for his failure to raise the claim in accordance with applicable state procedures.\"",
"sentence": "Reed v. R... | {
"signal": "see also",
"identifier": "677 F.2d 672, 675",
"parenthetical": "no cause found when defense counsel had available at the time of trial the constitutional basis for an objection but failed to object anyway",
"sentence": "Reed v. Ross, 468 U.S. 1, 16, 104 S.Ct. 2901, 2910, 82 L.Ed.2d 1 (1984) (“[W]he... | 1,111,469 | a |
He stated that he would have objected to the method of selection had he believed improprieties existed. This is not a case where counsel inadvertently failed to object or where counsel lacked knowledge of the facts or law to make the objection. | {
"signal": "see also",
"identifier": "677 F.2d 672, 675",
"parenthetical": "no cause found when defense counsel had available at the time of trial the constitutional basis for an objection but failed to object anyway",
"sentence": "Reed v. Ross, 468 U.S. 1, 16, 104 S.Ct. 2901, 2910, 82 L.Ed.2d 1 (1984) (“[W]he... | {
"signal": "no signal",
"identifier": "104 S.Ct. 2901, 2910",
"parenthetical": "\"[W]here a constitutional claim is so novel that its legal basis is not reasonably available to counsel, a defendant has cause for his failure to raise the claim in accordance with applicable state procedures.\"",
"sentence": "Ree... | 1,111,469 | b |
He stated that he would have objected to the method of selection had he believed improprieties existed. This is not a case where counsel inadvertently failed to object or where counsel lacked knowledge of the facts or law to make the objection. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[W]here a constitutional claim is so novel that its legal basis is not reasonably available to counsel, a defendant has cause for his failure to raise the claim in accordance with applicable state procedures.\"",
"sentence": "Reed v. Ross, 468 U.S... | {
"signal": "see also",
"identifier": "677 F.2d 672, 675",
"parenthetical": "no cause found when defense counsel had available at the time of trial the constitutional basis for an objection but failed to object anyway",
"sentence": "Reed v. Ross, 468 U.S. 1, 16, 104 S.Ct. 2901, 2910, 82 L.Ed.2d 1 (1984) (“[W]he... | 1,111,469 | a |
The Third Circuit has rejected the proposition that nexus is required without expressly distinguishing between stateless and foreign vessels. | {
"signal": "see",
"identifier": "993 F.2d 1052, 1056",
"parenthetical": "holding that no nexus was required in a determination involving a stateless vessel",
"sentence": "See United States v. Martinez-Hidalgo, 993 F.2d 1052, 1056 (3d Cir.1993) (holding that no nexus was required in a determination involving a ... | {
"signal": "see also",
"identifier": "281 F.3d 400, 403",
"parenthetical": "noting that Martinez-Hidalgo had expressly rejected our approach and holding that it was not arbitrary or fundamentally unfair to exert jurisdiction when the flag nation consents to application of the MDLEA",
"sentence": "See United St... | 8,456,172 | a |
Vargas-Miranda chose to approach the officer and begin a conversation. Under the totality of these circumstances, a reasonable person in Vargas-Miranda's position would have believed he was free to refuse the officer's requests for information and continue on with his travel, and a reasonable officer would believe this... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that \"asking defendant for identification\" was not a seizure absent evidence that the officer \"used language or a tone of voice indicating that compliance might be compelled\"",
"sentence": "See also, United States v. Granillo, 288 F.3d 10... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "reversing district court's ruling suppressing evidence and holding that the presence of a marked police car and use of police car's computer to check person's name did not transform a consensual encounter into \"seizure\" where the incident occurred o... | 3,667,578 | b |
As to the reasonableness of attorneys' fees and expenses under section 506(b), the ultimate burden of persuasion is on the secured creditor seeking payment. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden of persuasion on claimant once claim objector meets burden of going forward with evidence sufficient to rebut claimant's proof of claim",
"sentence": "Cf. Matter of DeLorean Motor Co., 39 B.R. 157 (Bktcy.E.D.Mich.1984) (burden of persuasion on clai... | {
"signal": "see",
"identifier": null,
"parenthetical": "secured creditor's failure to provide documentation pursuant to former Bankruptcy Rule 219(a",
"sentence": "See Matter of Kennedy Mortgage Co., 23 B.R. 466 (Bktcy.D.N.J.1982) (secured creditor’s failure to provide documentation pursuant to former Bankrupt... | 6,552,688 | b |
As to the reasonableness of attorneys' fees and expenses under section 506(b), the ultimate burden of persuasion is on the secured creditor seeking payment. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden of proof as opposed to burden of going forward with evidence is always on claimant",
"sentence": "Cf. Matter of DeLorean Motor Co., 39 B.R. 157 (Bktcy.E.D.Mich.1984) (burden of persuasion on claimant once claim objector meets burden of going forwar... | {
"signal": "see",
"identifier": null,
"parenthetical": "secured creditor's failure to provide documentation pursuant to former Bankruptcy Rule 219(a",
"sentence": "See Matter of Kennedy Mortgage Co., 23 B.R. 466 (Bktcy.D.N.J.1982) (secured creditor’s failure to provide documentation pursuant to former Bankrupt... | 6,552,688 | b |
As to the reasonableness of attorneys' fees and expenses under section 506(b), the ultimate burden of persuasion is on the secured creditor seeking payment. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden of persuasion on claimant once claim objector meets burden of going forward with evidence sufficient to rebut claimant's proof of claim",
"sentence": "Cf. Matter of DeLorean Motor Co., 39 B.R. 157 (Bktcy.E.D.Mich.1984) (burden of persuasion on clai... | {
"signal": "see",
"identifier": null,
"parenthetical": "absent evidence of reasonableness of fees as required by former Bankruptcy Rule 219(a",
"sentence": "See Matter of Kennedy Mortgage Co., 23 B.R. 466 (Bktcy.D.N.J.1982) (secured creditor’s failure to provide documentation pursuant to former Bankruptcy Rule... | 6,552,688 | b |
As to the reasonableness of attorneys' fees and expenses under section 506(b), the ultimate burden of persuasion is on the secured creditor seeking payment. | {
"signal": "see",
"identifier": null,
"parenthetical": "absent evidence of reasonableness of fees as required by former Bankruptcy Rule 219(a",
"sentence": "See Matter of Kennedy Mortgage Co., 23 B.R. 466 (Bktcy.D.N.J.1982) (secured creditor’s failure to provide documentation pursuant to former Bankruptcy Rule... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "burden of proof as opposed to burden of going forward with evidence is always on claimant",
"sentence": "Cf. Matter of DeLorean Motor Co., 39 B.R. 157 (Bktcy.E.D.Mich.1984) (burden of persuasion on claimant once claim objector meets burden of going forwar... | 6,552,688 | a |
*When an employee disclaims any intent to file a charge, the request does not trigger any investigation or attempt at a resolution. Allowing the employee to bring suit against her employer without first exhausting those .administrative remedies would frustrate the intent behind both federal and state statutory schemes. | {
"signal": "see also",
"identifier": "552 U.S. 401, 401",
"parenthetical": "observing that treating every completed questionnaire as a charge would thwart \"Congress's expressed desire that the EEOC [also] act as an information provider and try to settle employment disputes through informal means\"",
"sentence... | {
"signal": "see",
"identifier": "259 S.W.3d 147, 154-55",
"parenthetical": "declaring that employee could not sidestep Chapter 21's administrative exhaustion requirement by bringing retaliation claim solely under Whistle-blower Act and holding that trial court erred in denying city's plea to jurisdiction",
"se... | 6,809,570 | b |
*When an employee disclaims any intent to file a charge, the request does not trigger any investigation or attempt at a resolution. Allowing the employee to bring suit against her employer without first exhausting those .administrative remedies would frustrate the intent behind both federal and state statutory schemes. | {
"signal": "see",
"identifier": "259 S.W.3d 147, 154-55",
"parenthetical": "declaring that employee could not sidestep Chapter 21's administrative exhaustion requirement by bringing retaliation claim solely under Whistle-blower Act and holding that trial court erred in denying city's plea to jurisdiction",
"se... | {
"signal": "see also",
"identifier": "128 S.Ct. 1157, 1157",
"parenthetical": "observing that treating every completed questionnaire as a charge would thwart \"Congress's expressed desire that the EEOC [also] act as an information provider and try to settle employment disputes through informal means\"",
"sente... | 6,809,570 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see",
"identifier": "491 U.S. 274, 285",
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'rea... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"fees for paralegal services must be recoverable at prevailing market rates\" under 5 U.S.C. SS 504",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorney’s fee’ cannot ha... | 3,783,614 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see also",
"identifier": "128 S.Ct. 2007, 2010",
"parenthetical": "\"fees for paralegal services must be recoverable at prevailing market rates\" under 5 U.S.C. SS 504",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | {
"signal": "see",
"identifier": "491 U.S. 274, 285",
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'rea... | 3,783,614 | b |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see",
"identifier": "491 U.S. 274, 285",
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'rea... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"fees for paralegal services must be recoverable at prevailing market rates\" under 5 U.S.C. SS 504",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorney’s fee’ cannot ha... | 3,783,614 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see",
"identifier": "491 U.S. 274, 285",
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'rea... | {
"signal": "see also",
"identifier": "157 F.3d 1243, 1249",
"parenthetical": "section 1988 \"fees for attorneys, law clerks, and legal assistants are all determined\" using lodestar method",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonabl... | 3,783,614 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see also",
"identifier": "2008 WL 4146200, *3",
"parenthetical": "\"affirmation\" setting out \"description of the billing rates as ... $75 per hour for legal assistants\" considered reasonable and recoverable albeit in different community",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 2... | {
"signal": "see",
"identifier": "491 U.S. 274, 285",
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'rea... | 3,783,614 | b |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see",
"identifier": "491 U.S. 274, 285",
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'rea... | {
"signal": "see also",
"identifier": "68 F.3d 447, 453",
"parenthetical": "courts approve \"inclusion of fees for paralegals, law clerks, and law students ... on the theory that their work con tributed to their supervising attorney's work product, was traditionally done and billed by attorneys, and could be done... | 3,783,614 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"fees for paralegal services must be recoverable at prevailing market rates\" under 5 U.S.C. SS 504",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorney’s fee’ cannot ha... | 3,783,614 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | {
"signal": "see also",
"identifier": "128 S.Ct. 2007, 2010",
"parenthetical": "\"fees for paralegal services must be recoverable at prevailing market rates\" under 5 U.S.C. SS 504",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | 3,783,614 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"fees for paralegal services must be recoverable at prevailing market rates\" under 5 U.S.C. SS 504",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorney’s fee’ cannot ha... | 3,783,614 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see also",
"identifier": "157 F.3d 1243, 1249",
"parenthetical": "section 1988 \"fees for attorneys, law clerks, and legal assistants are all determined\" using lodestar method",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonabl... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | 3,783,614 | b |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see also",
"identifier": "2008 WL 4146200, *3",
"parenthetical": "\"affirmation\" setting out \"description of the billing rates as ... $75 per hour for legal assistants\" considered reasonable and recoverable albeit in different community",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 2... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | 3,783,614 | b |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see also",
"identifier": "68 F.3d 447, 453",
"parenthetical": "courts approve \"inclusion of fees for paralegals, law clerks, and law students ... on the theory that their work con tributed to their supervising attorney's work product, was traditionally done and billed by attorneys, and could be done... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | 3,783,614 | b |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"fees for paralegal services must be recoverable at prevailing market rates\" under 5 U.S.C. SS 504",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorney’s fee’ cannot ha... | 3,783,614 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | {
"signal": "see also",
"identifier": "128 S.Ct. 2007, 2010",
"parenthetical": "\"fees for paralegal services must be recoverable at prevailing market rates\" under 5 U.S.C. SS 504",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | 3,783,614 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"fees for paralegal services must be recoverable at prevailing market rates\" under 5 U.S.C. SS 504",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorney’s fee’ cannot ha... | 3,783,614 | a |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see also",
"identifier": "157 F.3d 1243, 1249",
"parenthetical": "section 1988 \"fees for attorneys, law clerks, and legal assistants are all determined\" using lodestar method",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonabl... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | 3,783,614 | b |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see also",
"identifier": "2008 WL 4146200, *3",
"parenthetical": "\"affirmation\" setting out \"description of the billing rates as ... $75 per hour for legal assistants\" considered reasonable and recoverable albeit in different community",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 2... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | 3,783,614 | b |
Alternatively, construing the factual record based on Pontikes' affidavit, this court finds that the "legal assistants" are either law students or paralegals who worked under the direct supervision of an attorney, i.e., Pontikes. | {
"signal": "see also",
"identifier": "68 F.3d 447, 453",
"parenthetical": "courts approve \"inclusion of fees for paralegals, law clerks, and law students ... on the theory that their work con tributed to their supervising attorney's work product, was traditionally done and billed by attorneys, and could be done... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"a 'reasonable attorney's fee' cannot have been meant to compensate only work performed personally by members of the bar\"",
"sentence": "See Missouri v. Jenkins by Agyei, 491 U.S. 274, 285, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989) (\"a 'reasonable attorne... | 3,783,614 | b |
However, the vast majority,- either expressly or implicitly, understand the word "sureties" in the phrase "sufficient sureties," to encompass a variety of bond forms, including cash. | {
"signal": "see",
"identifier": "666 N.W.2d 583, 583",
"parenthetical": "\"the framers did not intend to favor one particular method of surety-- commercial bonding -- by inclusion of the sufficient sureties clause\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to fa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"the alternative methods of bail provided in [the statutes] do not violate the constitutional provision that all persons shall be bailable by 'sufficient sureties\"''",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not... | 8,999,022 | a |
However, the vast majority,- either expressly or implicitly, understand the word "sureties" in the phrase "sufficient sureties," to encompass a variety of bond forms, including cash. | {
"signal": "see",
"identifier": "666 N.W.2d 583, 583",
"parenthetical": "\"the framers did not intend to favor one particular method of surety-- commercial bonding -- by inclusion of the sufficient sureties clause\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to fa... | {
"signal": "see also",
"identifier": "217 N.E.2d 803, 806",
"parenthetical": "\"the alternative methods of bail provided in [the statutes] do not violate the constitutional provision that all persons shall be bailable by 'sufficient sureties\"''",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“th... | 8,999,022 | a |
However, the vast majority,- either expressly or implicitly, understand the word "sureties" in the phrase "sufficient sureties," to encompass a variety of bond forms, including cash. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Nowhere does it say that lawful release of a defendant may be accomplished only through the medium of sureties.\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to favor one particular method of surety— co... | {
"signal": "see",
"identifier": "666 N.W.2d 583, 583",
"parenthetical": "\"the framers did not intend to favor one particular method of surety-- commercial bonding -- by inclusion of the sufficient sureties clause\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to fa... | 8,999,022 | b |
However, the vast majority,- either expressly or implicitly, understand the word "sureties" in the phrase "sufficient sureties," to encompass a variety of bond forms, including cash. | {
"signal": "see",
"identifier": "666 N.W.2d 583, 583",
"parenthetical": "\"the framers did not intend to favor one particular method of surety-- commercial bonding -- by inclusion of the sufficient sureties clause\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to fa... | {
"signal": "see also",
"identifier": "527 P.2d 123, 126",
"parenthetical": "\"Nowhere does it say that lawful release of a defendant may be accomplished only through the medium of sureties.\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to favor one particular metho... | 8,999,022 | a |
However, the vast majority,- either expressly or implicitly, understand the word "sureties" in the phrase "sufficient sureties," to encompass a variety of bond forms, including cash. | {
"signal": "see",
"identifier": "604 N.W.2d 353, 353",
"parenthetical": "the word \"sureties\" \"encompasses a broad array of methods to provide adequate assurance that an accused will appear as the court requires\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to fa... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"the alternative methods of bail provided in [the statutes] do not violate the constitutional provision that all persons shall be bailable by 'sufficient sureties\"''",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not... | 8,999,022 | a |
However, the vast majority,- either expressly or implicitly, understand the word "sureties" in the phrase "sufficient sureties," to encompass a variety of bond forms, including cash. | {
"signal": "see",
"identifier": "604 N.W.2d 353, 353",
"parenthetical": "the word \"sureties\" \"encompasses a broad array of methods to provide adequate assurance that an accused will appear as the court requires\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to fa... | {
"signal": "see also",
"identifier": "217 N.E.2d 803, 806",
"parenthetical": "\"the alternative methods of bail provided in [the statutes] do not violate the constitutional provision that all persons shall be bailable by 'sufficient sureties\"''",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“th... | 8,999,022 | a |
However, the vast majority,- either expressly or implicitly, understand the word "sureties" in the phrase "sufficient sureties," to encompass a variety of bond forms, including cash. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Nowhere does it say that lawful release of a defendant may be accomplished only through the medium of sureties.\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to favor one particular method of surety— co... | {
"signal": "see",
"identifier": "604 N.W.2d 353, 353",
"parenthetical": "the word \"sureties\" \"encompasses a broad array of methods to provide adequate assurance that an accused will appear as the court requires\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to fa... | 8,999,022 | b |
However, the vast majority,- either expressly or implicitly, understand the word "sureties" in the phrase "sufficient sureties," to encompass a variety of bond forms, including cash. | {
"signal": "see also",
"identifier": "527 P.2d 123, 126",
"parenthetical": "\"Nowhere does it say that lawful release of a defendant may be accomplished only through the medium of sureties.\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to favor one particular metho... | {
"signal": "see",
"identifier": "604 N.W.2d 353, 353",
"parenthetical": "the word \"sureties\" \"encompasses a broad array of methods to provide adequate assurance that an accused will appear as the court requires\"",
"sentence": "See State v. Briggs, supra, 666 N.W.2d at 583 (“the framers did not intend to fa... | 8,999,022 | b |
Without making a determinative decision, we note that the practical application of SS 204b to plaintiff presents an instructive comparison to the case at bar. Unlike the current case, if SS 204b's seventy-percent rule had been applied to plaintiff, the statute's plain terms would have retroactively increased the length... | {
"signal": "no signal",
"identifier": "569 U.S. 544, 544",
"parenthetical": "holding that retroactive application of advisory sentencing guidelines violated Ex Post Facto Clause because guidelines increased minimum sentencing range",
"sentence": "Peugh, 569 U.S. at 544, 133 S. Ct. at 2084 (holding that retroac... | {
"signal": "see also",
"identifier": "684 So. 2d 671, 678",
"parenthetical": "holding that statutory amendment requiring eighty-five percent of sentence be served before prisoner is eligible for parole is Ex Post Facto Clause violation",
"sentence": "Peugh, 569 U.S. at 544, 133 S. Ct. at 2084 (holding that ret... | 12,454,567 | a |
Without making a determinative decision, we note that the practical application of SS 204b to plaintiff presents an instructive comparison to the case at bar. Unlike the current case, if SS 204b's seventy-percent rule had been applied to plaintiff, the statute's plain terms would have retroactively increased the length... | {
"signal": "see also",
"identifier": "684 So. 2d 671, 678",
"parenthetical": "holding that statutory amendment requiring eighty-five percent of sentence be served before prisoner is eligible for parole is Ex Post Facto Clause violation",
"sentence": "Peugh, 569 U.S. at 544, 133 S. Ct. at 2084 (holding that ret... | {
"signal": "no signal",
"identifier": "133 S. Ct. 2084, 2084",
"parenthetical": "holding that retroactive application of advisory sentencing guidelines violated Ex Post Facto Clause because guidelines increased minimum sentencing range",
"sentence": "Peugh, 569 U.S. at 544, 133 S. Ct. at 2084 (holding that ret... | 12,454,567 | b |
This court has applied the fugitive disentitlement doctrine numerous times in the criminal appeal context. | {
"signal": "see",
"identifier": "187 F.3d 1219, 1220",
"parenthetical": "dismissing criminal appeal where defendant failed to report for supervised release following prison term and was declared a fugitive from justice",
"sentence": "See, e.g., United States v. Hanzlicek, 187 F.3d 1219, 1220 (10th Cir.1999) (d... | {
"signal": "see also",
"identifier": "608 F.2d 839, 856-57",
"parenthetical": "upholding denial of habeas corpus petition when state court dismissed criminal defendant's appeal because he was a fugitive",
"sentence": "See, e.g., United States v. Hanzlicek, 187 F.3d 1219, 1220 (10th Cir.1999) (dismissing crimin... | 3,657,034 | a |
This court has applied the fugitive disentitlement doctrine numerous times in the criminal appeal context. | {
"signal": "see",
"identifier": "187 F.3d 1219, 1220",
"parenthetical": "dismissing criminal appeal where defendant failed to report for supervised release following prison term and was declared a fugitive from justice",
"sentence": "See, e.g., United States v. Hanzlicek, 187 F.3d 1219, 1220 (10th Cir.1999) (d... | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding denial of habeas corpus petition when state court dismissed criminal defendant's appeal because he was a fugitive",
"sentence": "See, e.g., United States v. Hanzlicek, 187 F.3d 1219, 1220 (10th Cir.1999) (dismissing criminal appeal where de... | 3,657,034 | a |
This court has applied the fugitive disentitlement doctrine numerous times in the criminal appeal context. | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding denial of habeas corpus petition when state court dismissed criminal defendant's appeal because he was a fugitive",
"sentence": "See, e.g., United States v. Hanzlicek, 187 F.3d 1219, 1220 (10th Cir.1999) (dismissing criminal appeal where de... | {
"signal": "see",
"identifier": "187 F.3d 1219, 1220",
"parenthetical": "dismissing criminal appeal where defendant failed to report for supervised release following prison term and was declared a fugitive from justice",
"sentence": "See, e.g., United States v. Hanzlicek, 187 F.3d 1219, 1220 (10th Cir.1999) (d... | 3,657,034 | b |
This court has applied the fugitive disentitlement doctrine numerous times in the criminal appeal context. | {
"signal": "see",
"identifier": "187 F.3d 1219, 1220",
"parenthetical": "dismissing criminal appeal where defendant failed to report for supervised release following prison term and was declared a fugitive from justice",
"sentence": "See, e.g., United States v. Hanzlicek, 187 F.3d 1219, 1220 (10th Cir.1999) (d... | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding denial of habeas corpus petition when state court dismissed criminal defendant's appeal because he was a fugitive",
"sentence": "See, e.g., United States v. Hanzlicek, 187 F.3d 1219, 1220 (10th Cir.1999) (dismissing criminal appeal where de... | 3,657,034 | a |
The district court properly granted summary judgment on plaintiffs' Title VII retaliation claims because plaintiffs failed to initiate contact with an Equal Employment Opportunity ("EEO") Counselor or any agency official logically connected with the EEO process within 45 days of becoming aware of the facts underlying t... | {
"signal": "see also",
"identifier": "572 F.3d 1039, 1044-46",
"parenthetical": "explaining that for a retaliation claim, plaintiff can comply with SS 1614.105(a)(1",
"sentence": "See 29 C.F.R. § 1614.105(a)(1) (“An aggrieved person must initiate contact with á Counselor within 45 days of the date of the matte... | {
"signal": "see",
"identifier": "535 F.3d 1044, 1051",
"parenthetical": "Title VII claim accrues upon awareness of the actual injury and not when a plaintiff suspects a legal wrong",
"sentence": "See 29 C.F.R. § 1614.105(a)(1) (“An aggrieved person must initiate contact with á Counselor within 45 days of the d... | 12,412,025 | b |
The court must first determine whether there is "objective evidence of coercion, duress, deception, promises, threats, intrusive conduct or other undue influence by the police, which critically impaired the defendant's judgment." | {
"signal": "no signal",
"identifier": "633 P.2d 1071, 1077",
"parenthetical": "when upholding police action in that case, pointing out that officer did not claim the right to conduct the sobriety test or attempt to deceive defendant about his rights",
"sentence": "People v. Helm, 633 P.2d 1071, 1077 (Colo.1981... | {
"signal": "see also",
"identifier": "992 P.2d 1182, 1182",
"parenthetical": "stating that a court \"must decide whether the police conduct could reasonably have appeared to be coercive to a person in the defendant's circumstances\"",
"sentence": "See also Reddersen, 992 P.2d at 1182 (stating that a court “mus... | 8,332,975 | a |
As discussed above, this case is simply not about CITA's non-reviewable substantive decisions concerning the imposition of safeguards. Plaintiff challenges the existence of CITA's regulations and CITA's actions pursuant thereto. The Federal Circuit has held that such regulatory challenges do not require the exhaustion ... | {
"signal": "see also",
"identifier": "19 CIT 1185, 1185",
"parenthetical": "finding question of CITA's ultra vires actions ripe for judicial review absent final agency action",
"sentence": "See AAEI-TAG II, 751 F.2d at 1245-46 (not requiring exhaustion under protest procedures where importers challenged existe... | {
"signal": "see",
"identifier": "751 F.2d 1245, 1245-46",
"parenthetical": "not requiring exhaustion under protest procedures where importers challenged existence of CITA-directed regulations imposing import restrictions",
"sentence": "See AAEI-TAG II, 751 F.2d at 1245-46 (not requiring exhaustion under protes... | 8,981,657 | b |
As discussed above, this case is simply not about CITA's non-reviewable substantive decisions concerning the imposition of safeguards. Plaintiff challenges the existence of CITA's regulations and CITA's actions pursuant thereto. The Federal Circuit has held that such regulatory challenges do not require the exhaustion ... | {
"signal": "see also",
"identifier": "903 F.Supp. 76, 76-77",
"parenthetical": "finding question of CITA's ultra vires actions ripe for judicial review absent final agency action",
"sentence": "See AAEI-TAG II, 751 F.2d at 1245-46 (not requiring exhaustion under protest procedures where importers challenged ex... | {
"signal": "see",
"identifier": "751 F.2d 1245, 1245-46",
"parenthetical": "not requiring exhaustion under protest procedures where importers challenged existence of CITA-directed regulations imposing import restrictions",
"sentence": "See AAEI-TAG II, 751 F.2d at 1245-46 (not requiring exhaustion under protes... | 8,981,657 | b |
This court has positively cited Steagaid when addressing situations in which the prosecution failed to raise standing before the trial court. | {
"signal": "see",
"identifier": null,
"parenthetical": "declining to address whether defendant had legitimate expectation of privacy when prosecution did not raise issue on interlocutory appeal",
"sentence": "See People v. McKinstrey, 852 P.2d 467, 470 n. 4 (Colo.1998) (declining to address whether defendant h... | {
"signal": "but see",
"identifier": "652 F.2d 1374, 1382",
"parenthetical": "concluding \"confusing\" cireum-stances made it unfair to impose waiver of standing after prosecution failed to address issue at trial and distinguishing Steagaid because prosecution had not made contrary assertions about factual predic... | 8,305,927 | a |
This court has positively cited Steagaid when addressing situations in which the prosecution failed to raise standing before the trial court. | {
"signal": "but see",
"identifier": "652 F.2d 1374, 1382",
"parenthetical": "concluding \"confusing\" cireum-stances made it unfair to impose waiver of standing after prosecution failed to address issue at trial and distinguishing Steagaid because prosecution had not made contrary assertions about factual predic... | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting invitation to address standing when prosecution lost the right to raise the issue by failing to address it in front of trial court or seeking certiorari on the question",
"sentence": "See People v. McKinstrey, 852 P.2d 467, 470 n. 4 (Colo.1998) ... | 8,305,927 | b |
This court has positively cited Steagaid when addressing situations in which the prosecution failed to raise standing before the trial court. | {
"signal": "see",
"identifier": "644 P.2d 311, 311-12",
"parenthetical": "ruling prosecution waived its opportunity to raise standing on appeal when it did not raise issue below at suppression hearing and offered no exeuse for the omission",
"sentence": "See People v. McKinstrey, 852 P.2d 467, 470 n. 4 (Colo.1... | {
"signal": "but see",
"identifier": "652 F.2d 1374, 1382",
"parenthetical": "concluding \"confusing\" cireum-stances made it unfair to impose waiver of standing after prosecution failed to address issue at trial and distinguishing Steagaid because prosecution had not made contrary assertions about factual predic... | 8,305,927 | a |
This court has positively cited Steagaid when addressing situations in which the prosecution failed to raise standing before the trial court. | {
"signal": "see",
"identifier": "946 F.2d 1497, 1499-1500",
"parenthetical": "ruling prosecution waived its opportunity to raise standing on appeal when it did not raise issue below at suppression hearing and offered no exeuse for the omission",
"sentence": "See People v. McKinstrey, 852 P.2d 467, 470 n. 4 (Co... | {
"signal": "but see",
"identifier": "652 F.2d 1374, 1382",
"parenthetical": "concluding \"confusing\" cireum-stances made it unfair to impose waiver of standing after prosecution failed to address issue at trial and distinguishing Steagaid because prosecution had not made contrary assertions about factual predic... | 8,305,927 | a |
However, Mr. Melton asserts that adoption proceedings were scheduled for May 12,13, 14,15, and 16, 2014 in D.C. Superior Court and this Court cannot stay proceedings that already have occurred. Moreover, this Court must abstain from interfering in ongoing D.C. court proceedings under the Younger abstention doctrine. | {
"signal": "see",
"identifier": "401 U.S. 45, 45",
"parenthetical": "\"[T]he normal thing to do when federal courts are asked to enjoin pending proceedings in state courts is not to issue such injunctions.\"",
"sentence": "See Younger, 401 U.S. at 45, 91 S.Ct. 746 (“[T]he normal thing to do when federal courts... | {
"signal": "see also",
"identifier": "743 F.2d 21, 27",
"parenthetical": "\"[B]ased on principles of equity ... the doctrine of Younger ... and its progeny restrains federal courts from interfering in ongoing state judicial proceedings.\"",
"sentence": "See Younger, 401 U.S. at 45, 91 S.Ct. 746 (“[T]he normal ... | 6,885,706 | a |
However, Mr. Melton asserts that adoption proceedings were scheduled for May 12,13, 14,15, and 16, 2014 in D.C. Superior Court and this Court cannot stay proceedings that already have occurred. Moreover, this Court must abstain from interfering in ongoing D.C. court proceedings under the Younger abstention doctrine. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he normal thing to do when federal courts are asked to enjoin pending proceedings in state courts is not to issue such injunctions.\"",
"sentence": "See Younger, 401 U.S. at 45, 91 S.Ct. 746 (“[T]he normal thing to do when federal courts are asked to... | {
"signal": "see also",
"identifier": "743 F.2d 21, 27",
"parenthetical": "\"[B]ased on principles of equity ... the doctrine of Younger ... and its progeny restrains federal courts from interfering in ongoing state judicial proceedings.\"",
"sentence": "See Younger, 401 U.S. at 45, 91 S.Ct. 746 (“[T]he normal ... | 6,885,706 | a |
Additionally, Dr. Kraut has conducted his own research, and maintained an active familiarity in the research of other leading experts, in the subject of jaw necrosis. For these reasons, the Court finds Dr. Kraut to be qualified to offer opinions concerning causation (whether general or specific) under Daubert. | {
"signal": "see",
"identifier": "857 F.Supp.2d 277, 277",
"parenthetical": "finding Dr. Kraut to be qualified for purposes of offering an expert opinion as to causation for similar reasons",
"sentence": "See Davids, 857 F.Supp.2d at 277 (finding Dr. Kraut to be qualified for purposes of offering an expert opin... | {
"signal": "cf.",
"identifier": "895 F.Supp.2d 1211, 1211",
"parenthetical": "finding that a doctor was not qualified to testify concerning possible ONJ causation where doctor's testimony showed that he had never conducted medical or scientific research in the field of ONJ, had never researched bis-phosphonates,... | 4,259,996 | a |
Tax statutes in addition to the one at issue here recognize that taxpayers may recover money lost because taxes were erroneously imposed. This statutorily recognized interest in property is protected by the due process clause. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting on other grounds a claim that denial of right to appeal property tax valuation was due process violation",
"sentence": "See Smotkin v. Peterson, 73 Ariz. 1, 5, 236 P.2d 743, 745 (1951) (taxpayer’s remedy of action for refund is adequate and does... | {
"signal": "see",
"identifier": "73 Ariz. 1, 5",
"parenthetical": "taxpayer's remedy of action for refund is adequate and does not violate due process",
"sentence": "See Smotkin v. Peterson, 73 Ariz. 1, 5, 236 P.2d 743, 745 (1951) (taxpayer’s remedy of action for refund is adequate and does not violate due pro... | 1,460,867 | b |
Tax statutes in addition to the one at issue here recognize that taxpayers may recover money lost because taxes were erroneously imposed. This statutorily recognized interest in property is protected by the due process clause. | {
"signal": "see",
"identifier": "73 Ariz. 1, 5",
"parenthetical": "taxpayer's remedy of action for refund is adequate and does not violate due process",
"sentence": "See Smotkin v. Peterson, 73 Ariz. 1, 5, 236 P.2d 743, 745 (1951) (taxpayer’s remedy of action for refund is adequate and does not violate due pro... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting on other grounds a claim that denial of right to appeal property tax valuation was due process violation",
"sentence": "See Smotkin v. Peterson, 73 Ariz. 1, 5, 236 P.2d 743, 745 (1951) (taxpayer’s remedy of action for refund is adequate and does... | 1,460,867 | a |
Tax statutes in addition to the one at issue here recognize that taxpayers may recover money lost because taxes were erroneously imposed. This statutorily recognized interest in property is protected by the due process clause. | {
"signal": "see",
"identifier": "236 P.2d 743, 745",
"parenthetical": "taxpayer's remedy of action for refund is adequate and does not violate due process",
"sentence": "See Smotkin v. Peterson, 73 Ariz. 1, 5, 236 P.2d 743, 745 (1951) (taxpayer’s remedy of action for refund is adequate and does not violate due... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting on other grounds a claim that denial of right to appeal property tax valuation was due process violation",
"sentence": "See Smotkin v. Peterson, 73 Ariz. 1, 5, 236 P.2d 743, 745 (1951) (taxpayer’s remedy of action for refund is adequate and does... | 1,460,867 | a |
Tax statutes in addition to the one at issue here recognize that taxpayers may recover money lost because taxes were erroneously imposed. This statutorily recognized interest in property is protected by the due process clause. | {
"signal": "see",
"identifier": "236 P.2d 743, 745",
"parenthetical": "taxpayer's remedy of action for refund is adequate and does not violate due process",
"sentence": "See Smotkin v. Peterson, 73 Ariz. 1, 5, 236 P.2d 743, 745 (1951) (taxpayer’s remedy of action for refund is adequate and does not violate due... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "rejecting on other grounds a claim that denial of right to appeal property tax valuation was due process violation",
"sentence": "See Smotkin v. Peterson, 73 Ariz. 1, 5, 236 P.2d 743, 745 (1951) (taxpayer’s remedy of action for refund is adequate and does... | 1,460,867 | a |
This approach also puts a child of separated parents in the same situation as a child of parents who are not separated because it allows the child to maintain the same standard of living as if the parents had not separated. | {
"signal": "see",
"identifier": "87 N.Y.2d 612, 612",
"parenthetical": "\"[H]ad the marriage not been dissolved, petitioner's children would have enjoyed a standard of living based on both parents' income plus the social security benefits they received as petitioner's dependents.\"",
"sentence": "See Graby, 87... | {
"signal": "cf.",
"identifier": "659 N.E.2d 129, 129",
"parenthetical": "noting in a social security retirement benefits case that if the marriage had not been dissolved, the children would have had the benefit of their parent's social security retirement benefits and their own social security retirement depende... | 1,537,478 | a |
This approach also puts a child of separated parents in the same situation as a child of parents who are not separated because it allows the child to maintain the same standard of living as if the parents had not separated. | {
"signal": "cf.",
"identifier": "659 N.E.2d 129, 129",
"parenthetical": "noting in a social security retirement benefits case that if the marriage had not been dissolved, the children would have had the benefit of their parent's social security retirement benefits and their own social security retirement depende... | {
"signal": "see",
"identifier": "641 N.Y.S.2d 581, 581",
"parenthetical": "\"[H]ad the marriage not been dissolved, petitioner's children would have enjoyed a standard of living based on both parents' income plus the social security benefits they received as petitioner's dependents.\"",
"sentence": "See Graby,... | 1,537,478 | b |
This approach also puts a child of separated parents in the same situation as a child of parents who are not separated because it allows the child to maintain the same standard of living as if the parents had not separated. | {
"signal": "cf.",
"identifier": "659 N.E.2d 129, 129",
"parenthetical": "noting in a social security retirement benefits case that if the marriage had not been dissolved, the children would have had the benefit of their parent's social security retirement benefits and their own social security retirement depende... | {
"signal": "see",
"identifier": "664 N.E.2d 492, 492",
"parenthetical": "\"[H]ad the marriage not been dissolved, petitioner's children would have enjoyed a standard of living based on both parents' income plus the social security benefits they received as petitioner's dependents.\"",
"sentence": "See Graby, 8... | 1,537,478 | b |
While the litigation privilege is an affirmative defense, Am. Nat'l Title & Escrow of Fla., Inc., 810 So.2d at 998, it can be adjudicated on a motion to dismiss if the applicability of the privilege can be clearly discerned from the face of the complaint. | {
"signal": "see also",
"identifier": null,
"parenthetical": "dismissing plaintiffs complaint on the basis of the litigation privilege",
"sentence": "Kidwell v. Gen. Motors Corp., 975 So.2d 503, 505 n. 2 (Fla. 2d DCA 2007) (“Although immunity is an affirmative defense, it can be considered on a motion to dismis... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"Although immunity is an affirmative defense, it can be considered on a motion to dismiss if the complaint demonstrates the existence of the defense.\"",
"sentence": "Kidwell v. Gen. Motors Corp., 975 So.2d 503, 505 n. 2 (Fla. 2d DCA 2007) (“Althou... | 7,009,952 | b |
While the litigation privilege is an affirmative defense, Am. Nat'l Title & Escrow of Fla., Inc., 810 So.2d at 998, it can be adjudicated on a motion to dismiss if the applicability of the privilege can be clearly discerned from the face of the complaint. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"Although immunity is an affirmative defense, it can be considered on a motion to dismiss if the complaint demonstrates the existence of the defense.\"",
"sentence": "Kidwell v. Gen. Motors Corp., 975 So.2d 503, 505 n. 2 (Fla. 2d DCA 2007) (“Althou... | {
"signal": "see also",
"identifier": "402 So.2d 1350, 1351",
"parenthetical": "\"If the face of the complaint contains allegations which demonstrate the existence of an affirmative defense, then such defense can be considered on a motion to dismiss.\"",
"sentence": "Kidwell v. Gen. Motors Corp., 975 So.2d 503,... | 7,009,952 | a |
The district court did not discuss whether the service of Kodak equipment could be a relevant market and whether Kodak might possess monopoly power or a dangerous possibility of monopoly power in that market. This court has strongly suggested that service of one company's micrographic equipment can be a relevant market... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "implying without analysis that the relevant market for servicing dictating equipment is the interbrand service market",
"sentence": "See Dim idowich, 803 F.2d at 1480-81 n. 3 (“[A]n owner of broken [Bell & Howell] micro-graphic equipment is indifferent to... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[A]n owner of broken [Bell & Howell] micro-graphic equipment is indifferent to people who can service Kodak or 3M machines. If the owner's only option is to request service from Bell & Howell or Comgraphix (depending on his location",
"sentence": "See D... | 10,537,366 | b |
At least one Texas court of appeals has applied Randolph in the context of a vehicle search. The Beaumont Court of Appeals held that the driver's consent was valid based on her care, custody, and control of the vehicle. | {
"signal": "see also",
"identifier": "526 F.3d 1339, 1339",
"parenthetical": "\"[T]he extension of the prohibition on warrantless searches applies only to defendants who are present and actually express a refusal to consent.\"",
"sentence": "See Houston, 286 S.W.3d at 609 (“Voluntary consent given by a third p... | {
"signal": "see",
"identifier": "286 S.W.3d 609, 609",
"parenthetical": "\"Voluntary consent given by a third party is not valid as to the defendant if the defendant is also present and expressly refuses to consent.\"",
"sentence": "See Houston, 286 S.W.3d at 609 (“Voluntary consent given by a third party is n... | 7,116,590 | b |
Id Even when there is direct evidence of premeditation, the state must prove beyond a reasonable doubt that petitioner calmly deliberated or reflected on the decision to kill prior to the actual act of killing to support this aggravating factor. Our cases make clear that this aggravating factor does not apply where the... | {
"signal": "see",
"identifier": "456 So.2d 444, 445-47",
"parenthetical": "no evidence to set murder apart from usual holdup murder",
"sentence": "See Thompson v. State, 456 So.2d 444, 445-47 (Fla.1984) (no evidence to set murder apart from usual holdup murder)."
} | {
"signal": "no signal",
"identifier": "442 So.2d 200, 202",
"parenthetical": "murder that occurred during burglary and robbery is susceptible to other conclusions than finding it was committed in cold, calculated, and premeditated manner",
"sentence": "Peavy v. State, 442 So.2d 200, 202 (Fla.1983) (murder that... | 7,575,101 | b |
Finally, ReBrook appeals the district court's decision to increase his sentence for wire fraud because he was an "official holding a high-level decision-making or sensitive position," pursuant to U.S.S.G. SS 201.7(b)(1)(B). Because this question turns primarily on fact, we review the district court's application of SS ... | {
"signal": "no signal",
"identifier": "874 F.2d 213, 217-18",
"parenthetical": "where issue turns primarily on factual determinations, the appellate court should apply \"clearly erroneous\" standard",
"sentence": "United States v. Daughtrey, 874 F.2d 213, 217-18 (4th Cir.1989) (where issue turns primarily on f... | {
"signal": "see also",
"identifier": "14 F.3d 1014, 1021",
"parenthetical": "applying clearly erroneous standard to application of U.S.S.G. SS 201.1(b",
"sentence": "United States v. Daughtrey, 874 F.2d 213, 217-18 (4th Cir.1989) (where issue turns primarily on factual determinations, the appellate court shoul... | 7,412,388 | a |
Class Members' damages differ only in their qualification for Specified Physical Condition compensation. It is well-settled, however, that the necessity of calculating damages on an individual basis does not defeat predominance. | {
"signal": "see",
"identifier": "693 F.3d 532, 544",
"parenthetical": "holding that a common question of causation was \"a predominate issue central to each of Plaintiffs claims and subject to generalize proof' notwithstanding need to review each plaintiffs individual account",
"sentence": "See Young v. Nation... | {
"signal": "see also",
"identifier": "339 F.3d 306, 306",
"parenthetical": "recognizing that \"[e]ven wide disparity among class members as to the amount of damages suffered does not necessarily mean that class certification is inappropriate\"",
"sentence": "See Young v. Nationwide Mut. Ins. Co., 693 F.3d 532,... | 4,260,859 | a |
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