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Our holding in Data Access counsels that judicially identified limitations periods for federal securities law violations are to be selected by reference to analogous areas of federal securities law. | {
"signal": "see",
"identifier": null,
"parenthetical": "suits for violation of collective bargaining agreement, 29 U.S.C. SS 185",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp. v. M... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "applying uniform state statute for civil rights suits under 42 U.S.C. SS 1983",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp.... | 1,820,850 | a |
Our holding in Data Access counsels that judicially identified limitations periods for federal securities law violations are to be selected by reference to analogous areas of federal securities law. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "applying uniform state statute for civil rights suits under 42 U.S.C. SS 1983",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp.... | {
"signal": "see",
"identifier": null,
"parenthetical": "suits for violation of collective bargaining agreement, 29 U.S.C. SS 185",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp. v. M... | 1,820,850 | b |
Our holding in Data Access counsels that judicially identified limitations periods for federal securities law violations are to be selected by reference to analogous areas of federal securities law. | {
"signal": "see",
"identifier": null,
"parenthetical": "suits for violation of collective bargaining agreement, 29 U.S.C. SS 185",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp. v. M... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "applying uniform state statute for civil rights suits under 42 U.S.C. SS 1983",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp.... | 1,820,850 | a |
Our holding in Data Access counsels that judicially identified limitations periods for federal securities law violations are to be selected by reference to analogous areas of federal securities law. | {
"signal": "see",
"identifier": null,
"parenthetical": "suits for violation of collective bargaining agreement, 29 U.S.C. SS 185",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp. v. M... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "applying uniform state statute for civil rights suits under 42 U.S.C. SS 1983",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp.... | 1,820,850 | a |
Our holding in Data Access counsels that judicially identified limitations periods for federal securities law violations are to be selected by reference to analogous areas of federal securities law. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "applying uniform state statute for civil rights suits under 42 U.S.C. SS 1983",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp.... | {
"signal": "see",
"identifier": null,
"parenthetical": "suits for violation of collective bargaining agreement, 29 U.S.C. SS 185",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp. v. M... | 1,820,850 | b |
Our holding in Data Access counsels that judicially identified limitations periods for federal securities law violations are to be selected by reference to analogous areas of federal securities law. | {
"signal": "see",
"identifier": null,
"parenthetical": "suits for violation of collective bargaining agreement, 29 U.S.C. SS 185",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp. v. M... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "applying uniform state statute for civil rights suits under 42 U.S.C. SS 1983",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp.... | 1,820,850 | a |
Our holding in Data Access counsels that judicially identified limitations periods for federal securities law violations are to be selected by reference to analogous areas of federal securities law. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "applying uniform state statute for civil rights suits under 42 U.S.C. SS 1983",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp.... | {
"signal": "see",
"identifier": null,
"parenthetical": "suits for violation of collective bargaining agreement, 29 U.S.C. SS 185",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp. v. M... | 1,820,850 | b |
Our holding in Data Access counsels that judicially identified limitations periods for federal securities law violations are to be selected by reference to analogous areas of federal securities law. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "applying uniform state statute for civil rights suits under 42 U.S.C. SS 1983",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp.... | {
"signal": "see",
"identifier": null,
"parenthetical": "suits for violation of collective bargaining agreement, 29 U.S.C. SS 185",
"sentence": "See Data Access, 843 F.2d at 1545-49. We relied on three Supreme Court cases opting for a uniform limitation period under other statutes, see Agency Holding Corp. v. M... | 1,820,850 | b |
Indeed, under analogous circumstances, we have affirmed the existence of probable cause. | {
"signal": "see also",
"identifier": "526 F.3d 385, 387",
"parenthetical": "\"We have little hesitancy in concluding a reasonable magistrate would conclude the materials found in the trash -- two plastic bags with cocaine residue, two corners torn from plastic bags, Brillo pads, a film canister with white residu... | {
"signal": "see",
"identifier": "308 F.3d 623, 627",
"parenthetical": "holding that the district court acted within its discretion in not allowing a confidential informant to testify in support of the defendant's suppression motion because, even if the informant's statements regarding drug activity were excised ... | 4,260,282 | b |
The question to be answered for the purposes of qualified immunity is "whether a reasonable officer could have believed that the use of force alleged was objectively reasonable in light of the circumstances." | {
"signal": "see also",
"identifier": "45 F.3d 178, 184",
"parenthetical": "affirming grant of summary judgment on grounds of qualified immunity where \"a reasonable police officer certainly could have believed that the limited force applied was proper and was not unconstitutionally excessive in light of clearly ... | {
"signal": "see",
"identifier": "51 F.3d 155, 157",
"parenthetical": "reversing district court's denial of summary judgment on qualified immunity grounds, where force used was \"objectively reasonable in the circumstances\"",
"sentence": "Lennon, 66 F.3d at 425; see Edwards v. Giles, 51 F.3d 155, 157 (8th Cir.... | 11,462,834 | b |
Because this case as tried addressed only actual damages, the district court, on remand, need not address any issue as to the "additional amount" authorized by the second half of the first sentence of section 407.913, but may address any other issue as to the applicability of sections 407.911-M07.915. One factor may be... | {
"signal": "see",
"identifier": "768 S.W.2d 64, 71",
"parenthetical": "requiring segregation of attorney's fees where some counts do not authorize attorney's fees",
"sentence": "See Kraft, 946 S.W.2d at 776; O’Brien v. B.L.C. Ins. Co., 768 S.W.2d 64, 71 (Mo. banc 1989) (requiring segregation of attorney’s fees... | {
"signal": "cf.",
"identifier": "268 Fed.Appx. 837, 845",
"parenthetical": "analyzing award of attorney's fees for claims under the Illinois Sales Representative Act, in case also including non-ISRA claims",
"sentence": "See Kraft, 946 S.W.2d at 776; O’Brien v. B.L.C. Ins. Co., 768 S.W.2d 64, 71 (Mo. banc 1989... | 3,682,726 | a |
. I am troubled by the trial court's preempto-ry effort to avoid having to call counsel and the defendant into open court to consider questions from the jury. This is a significant deviation from the rules of criminal procedure and this court should not acquiesce in this practice. | {
"signal": "see also",
"identifier": "296 N.W.2d 870, 878",
"parenthetical": "reversing and remanding for a new trial where the trial court refused to exercise its discretion by determining at the outset of deliberations that it would deny any jury requests to review trial transcript",
"sentence": "See State v... | {
"signal": "see",
"identifier": "421 N.W.2d 303, 306",
"parenthetical": "indicating that district courts cannot follow a blanket rule in denying requests to review testimony by a jury",
"sentence": "See State v. Rean, 421 N.W.2d 303, 306 (Minn.1988) (indicating that district courts cannot follow a blanket rule... | 8,454,790 | b |
Although the Pennsylvania case law, as does ours, presents a variety of factual scenarios, it includes cases, like this one, in which one household vehicle, the vehicle the insured occupied when injured, was excluded from UIM coverage under the policy insuring another household vehicle, and the exclusion was upheld. | {
"signal": "see",
"identifier": "972 A.2d 507, 507",
"parenthetical": "claimant, injured while riding his motorcycle, sought UIM benefits under a policy covering his three other vehicles",
"sentence": "See, e.g., Baker, 972 A.2d at 507 (claimant, injured while riding his motorcycle, sought UIM benefits under a... | {
"signal": "see also",
"identifier": "809 A.2d 204, 204",
"parenthetical": "in both cases, claimant was injured while occupying a regularly used, non-owned vehicle and was denied UIM coverage under the policy covering the claimant's personal vehicle",
"sentence": "See also Burstein, 809 A.2d at 204, and Willia... | 7,091,940 | a |
Although the Pennsylvania case law, as does ours, presents a variety of factual scenarios, it includes cases, like this one, in which one household vehicle, the vehicle the insured occupied when injured, was excluded from UIM coverage under the policy insuring another household vehicle, and the exclusion was upheld. | {
"signal": "see",
"identifier": "972 A.2d 507, 507",
"parenthetical": "claimant, injured while riding his motorcycle, sought UIM benefits under a policy covering his three other vehicles",
"sentence": "See, e.g., Baker, 972 A.2d at 507 (claimant, injured while riding his motorcycle, sought UIM benefits under a... | {
"signal": "see also",
"identifier": "32 A.3d 1195, 1195",
"parenthetical": "in both cases, claimant was injured while occupying a regularly used, non-owned vehicle and was denied UIM coverage under the policy covering the claimant's personal vehicle",
"sentence": "See also Burstein, 809 A.2d at 204, and Willi... | 7,091,940 | a |
Although the Pennsylvania case law, as does ours, presents a variety of factual scenarios, it includes cases, like this one, in which one household vehicle, the vehicle the insured occupied when injured, was excluded from UIM coverage under the policy insuring another household vehicle, and the exclusion was upheld. | {
"signal": "see also",
"identifier": "809 A.2d 204, 204",
"parenthetical": "in both cases, claimant was injured while occupying a regularly used, non-owned vehicle and was denied UIM coverage under the policy covering the claimant's personal vehicle",
"sentence": "See also Burstein, 809 A.2d at 204, and Willia... | {
"signal": "see",
"identifier": null,
"parenthetical": "son injured in his own # car sought UIM benefits under the policy cov ering the vehicles of his parents, with whom he resided",
"sentence": "See, e.g., Baker, 972 A.2d at 507 (claimant, injured while riding his motorcycle, sought UIM benefits under a poli... | 7,091,940 | b |
Although the Pennsylvania case law, as does ours, presents a variety of factual scenarios, it includes cases, like this one, in which one household vehicle, the vehicle the insured occupied when injured, was excluded from UIM coverage under the policy insuring another household vehicle, and the exclusion was upheld. | {
"signal": "see",
"identifier": null,
"parenthetical": "son injured in his own # car sought UIM benefits under the policy cov ering the vehicles of his parents, with whom he resided",
"sentence": "See, e.g., Baker, 972 A.2d at 507 (claimant, injured while riding his motorcycle, sought UIM benefits under a poli... | {
"signal": "see also",
"identifier": "32 A.3d 1195, 1195",
"parenthetical": "in both cases, claimant was injured while occupying a regularly used, non-owned vehicle and was denied UIM coverage under the policy covering the claimant's personal vehicle",
"sentence": "See also Burstein, 809 A.2d at 204, and Willi... | 7,091,940 | a |
Although the Pennsylvania case law, as does ours, presents a variety of factual scenarios, it includes cases, like this one, in which one household vehicle, the vehicle the insured occupied when injured, was excluded from UIM coverage under the policy insuring another household vehicle, and the exclusion was upheld. | {
"signal": "see also",
"identifier": "809 A.2d 204, 204",
"parenthetical": "in both cases, claimant was injured while occupying a regularly used, non-owned vehicle and was denied UIM coverage under the policy covering the claimant's personal vehicle",
"sentence": "See also Burstein, 809 A.2d at 204, and Willia... | {
"signal": "see",
"identifier": null,
"parenthetical": "son injured in his own # car sought UIM benefits under the policy cov ering the vehicles of his parents, with whom he resided",
"sentence": "See, e.g., Baker, 972 A.2d at 507 (claimant, injured while riding his motorcycle, sought UIM benefits under a poli... | 7,091,940 | b |
Although the Pennsylvania case law, as does ours, presents a variety of factual scenarios, it includes cases, like this one, in which one household vehicle, the vehicle the insured occupied when injured, was excluded from UIM coverage under the policy insuring another household vehicle, and the exclusion was upheld. | {
"signal": "see also",
"identifier": "32 A.3d 1195, 1195",
"parenthetical": "in both cases, claimant was injured while occupying a regularly used, non-owned vehicle and was denied UIM coverage under the policy covering the claimant's personal vehicle",
"sentence": "See also Burstein, 809 A.2d at 204, and Willi... | {
"signal": "see",
"identifier": null,
"parenthetical": "son injured in his own # car sought UIM benefits under the policy cov ering the vehicles of his parents, with whom he resided",
"sentence": "See, e.g., Baker, 972 A.2d at 507 (claimant, injured while riding his motorcycle, sought UIM benefits under a poli... | 7,091,940 | b |
.The Court draws on Title VII case law because "the same analytical framework and proof requirements that apply to employment discrimination claims under Title VII also ap ply to discrimination claims under Section 1981." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "discussing Title VII and section 1981 claims together at the motion to dismiss stage",
"sentence": "Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1245 n.6 (11th Cir. 2015) (discussing Title VII and section 1981 claims together at the motion to di... | {
"signal": "see also",
"identifier": "260 F.Supp.2d 1352, 1356-57",
"parenthetical": "noting that pattern and practice claims are viable under section 1981",
"sentence": "Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1245 n.6 (11th Cir. 2015) (discussing Title VII and section 1981 claims together at the mot... | 12,266,894 | a |
.The Court draws on Title VII case law because "the same analytical framework and proof requirements that apply to employment discrimination claims under Title VII also ap ply to discrimination claims under Section 1981." | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that pattern and practice claims are viable under section 1981",
"sentence": "Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1245 n.6 (11th Cir. 2015) (discussing Title VII and section 1981 claims together at the motion to dismiss stage); se... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "discussing Title VII and section 1981 claims together at the motion to dismiss stage",
"sentence": "Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1245 n.6 (11th Cir. 2015) (discussing Title VII and section 1981 claims together at the motion to di... | 12,266,894 | b |
The instructions here thus failed to provide the jury with a complete understanding of the applicable law, and indeed, they imposed independent burdens on the plaintiff that have been rejected by the Illinois courts. We therefore cannot say with any degree of certainty that the instructional errors were harmless. | {
"signal": "cf.",
"identifier": "30 F.3d 898, 901",
"parenthetical": "remanding for new trial where jury verdict for the plaintiff in a vehicle defect case could have been based on an improper legal theory",
"sentence": "See Simmons, Inc., 762 F.2d at 599 n. 3 (in a ease where the jury could have based its dec... | {
"signal": "see",
"identifier": null,
"parenthetical": "in a ease where the jury could have based its decision on a valid or an invalid theory, we cannot speculate as to which the jury chose",
"sentence": "See Simmons, Inc., 762 F.2d at 599 n. 3 (in a ease where the jury could have based its decision on a vali... | 10,526,544 | b |
The Fourth Amendment permits a warrantless search of a vehicfcs and any containers or compartments found within it, where probable cause exists to search the vehicle. This court has held that the odor of marijuana, without more, emanating from a properly-stopped vehicle, may provide the requisite probable cause to supp... | {
"signal": "see also",
"identifier": "372 F.3d 653, 659",
"parenthetical": "concluding that a police officer has probable cause to arrest for marijuana possession if the officer \"smells the odor of marijuana in circumstances where the officer can localize its source to a person\"",
"sentence": "See United Sta... | {
"signal": "see",
"identifier": "293 F.3d 175, 183-84",
"parenthetical": "upholding as valid the search of a knapsack in a car based on officers' detection of odor of marijuana",
"sentence": "See United States v. Scheetz, 293 F.3d 175, 183-84 (4th Cir.2002) (upholding as valid the search of a knapsack in a car... | 3,489,794 | b |
Furthermore, it was Wife's burden as the movant to establish she was entitled to an award of fees on appeal.' Although Wife, filed a motion alleging Husband was capable of paying Wife's attorney fees, the record reflects no evidence of the parties' financial conditions at the time of the. motion hearing ten months late... | {
"signal": "see also",
"identifier": "210 S.W.3d 517, 517",
"parenthetical": "noting evidence of financial condition eight months after dissolution should have been presented at hearing on mov-ant's motion for appellate attorney's fees",
"sentence": "See also Davis, 210 S.W.3d at 517 (noting evidence of financ... | {
"signal": "see",
"identifier": "303 S.W.3d 197, 197",
"parenthetical": "\"[T]he court is to consider the financial resources of the parties since the dissolution, even if the time period between the dissolution' hearing and the appellate Tee hearing is relatively short.\"",
"sentence": "See Potts v. Potts, 30... | 6,811,236 | b |
Moreover, Pando was not available for cross-examination concerning his assertion that he had been threatened. Herrera and similar cases cited by the defendant are simply inapposite. | {
"signal": "see also",
"identifier": "591 F.2d 278, 283",
"parenthetical": "defendant sought to testify in court regarding statements made to him",
"sentence": "See also United States v. Rubin, 591 F.2d 278, 283 (5th Cir.) (defendant sought to testify in court regarding statements made to him), cert. denied, 4... | {
"signal": "see",
"identifier": "783 F.2d 1091, 1098",
"parenthetical": "defendant sought to testify in court regarding a threat he had received",
"sentence": "See, e.g., United States v. Wright, 783 F.2d 1091, 1098 (D.C.Cir.1986) (defendant sought to testify in court regarding a threat he had received)."
} | 11,301,677 | b |
Moreover, Pando was not available for cross-examination concerning his assertion that he had been threatened. Herrera and similar cases cited by the defendant are simply inapposite. | {
"signal": "see also",
"identifier": null,
"parenthetical": "defendant sought to testify in court regarding statements made to him",
"sentence": "See also United States v. Rubin, 591 F.2d 278, 283 (5th Cir.) (defendant sought to testify in court regarding statements made to him), cert. denied, 444 U.S. 864, 10... | {
"signal": "see",
"identifier": "783 F.2d 1091, 1098",
"parenthetical": "defendant sought to testify in court regarding a threat he had received",
"sentence": "See, e.g., United States v. Wright, 783 F.2d 1091, 1098 (D.C.Cir.1986) (defendant sought to testify in court regarding a threat he had received)."
} | 11,301,677 | b |
Moreover, Pando was not available for cross-examination concerning his assertion that he had been threatened. Herrera and similar cases cited by the defendant are simply inapposite. | {
"signal": "see also",
"identifier": null,
"parenthetical": "defendant sought to testify in court regarding statements made to him",
"sentence": "See also United States v. Rubin, 591 F.2d 278, 283 (5th Cir.) (defendant sought to testify in court regarding statements made to him), cert. denied, 444 U.S. 864, 10... | {
"signal": "see",
"identifier": "783 F.2d 1091, 1098",
"parenthetical": "defendant sought to testify in court regarding a threat he had received",
"sentence": "See, e.g., United States v. Wright, 783 F.2d 1091, 1098 (D.C.Cir.1986) (defendant sought to testify in court regarding a threat he had received)."
} | 11,301,677 | b |
Moreover, Pando was not available for cross-examination concerning his assertion that he had been threatened. Herrera and similar cases cited by the defendant are simply inapposite. | {
"signal": "see",
"identifier": "783 F.2d 1091, 1098",
"parenthetical": "defendant sought to testify in court regarding a threat he had received",
"sentence": "See, e.g., United States v. Wright, 783 F.2d 1091, 1098 (D.C.Cir.1986) (defendant sought to testify in court regarding a threat he had received)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "defendant sought to testify in court regarding statements made to him",
"sentence": "See also United States v. Rubin, 591 F.2d 278, 283 (5th Cir.) (defendant sought to testify in court regarding statements made to him), cert. denied, 444 U.S. 864, 10... | 11,301,677 | a |
Moreover, Pando was not available for cross-examination concerning his assertion that he had been threatened. Herrera and similar cases cited by the defendant are simply inapposite. | {
"signal": "see also",
"identifier": "390 F.2d 244, 251",
"parenthetical": "when defense counsel pointed out inconsistency in witness's account, the witness was allowed to testify regarding a threat in order to explain the inconsistency",
"sentence": "See also United States v. Rubin, 591 F.2d 278, 283 (5th Cir... | {
"signal": "see",
"identifier": "783 F.2d 1091, 1098",
"parenthetical": "defendant sought to testify in court regarding a threat he had received",
"sentence": "See, e.g., United States v. Wright, 783 F.2d 1091, 1098 (D.C.Cir.1986) (defendant sought to testify in court regarding a threat he had received)."
} | 11,301,677 | b |
Moreover, Pando was not available for cross-examination concerning his assertion that he had been threatened. Herrera and similar cases cited by the defendant are simply inapposite. | {
"signal": "see",
"identifier": "783 F.2d 1091, 1098",
"parenthetical": "defendant sought to testify in court regarding a threat he had received",
"sentence": "See, e.g., United States v. Wright, 783 F.2d 1091, 1098 (D.C.Cir.1986) (defendant sought to testify in court regarding a threat he had received)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "when defense counsel pointed out inconsistency in witness's account, the witness was allowed to testify regarding a threat in order to explain the inconsistency",
"sentence": "See also United States v. Rubin, 591 F.2d 278, 283 (5th Cir.) (defendant s... | 11,301,677 | a |
Moreover, Pando was not available for cross-examination concerning his assertion that he had been threatened. Herrera and similar cases cited by the defendant are simply inapposite. | {
"signal": "see",
"identifier": "783 F.2d 1091, 1098",
"parenthetical": "defendant sought to testify in court regarding a threat he had received",
"sentence": "See, e.g., United States v. Wright, 783 F.2d 1091, 1098 (D.C.Cir.1986) (defendant sought to testify in court regarding a threat he had received)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "when defense counsel pointed out inconsistency in witness's account, the witness was allowed to testify regarding a threat in order to explain the inconsistency",
"sentence": "See also United States v. Rubin, 591 F.2d 278, 283 (5th Cir.) (defendant s... | 11,301,677 | a |
Moreover, Pando was not available for cross-examination concerning his assertion that he had been threatened. Herrera and similar cases cited by the defendant are simply inapposite. | {
"signal": "see",
"identifier": "783 F.2d 1091, 1098",
"parenthetical": "defendant sought to testify in court regarding a threat he had received",
"sentence": "See, e.g., United States v. Wright, 783 F.2d 1091, 1098 (D.C.Cir.1986) (defendant sought to testify in court regarding a threat he had received)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "when defense counsel pointed out inconsistency in witness's account, the witness was allowed to testify regarding a threat in order to explain the inconsistency",
"sentence": "See also United States v. Rubin, 591 F.2d 278, 283 (5th Cir.) (defendant s... | 11,301,677 | a |
In Thompson, this court considered the question whether a claim for services rendered in violation of the Medicare anti-kickback statutes necessarily constitutes a false claim. While we noted that a claim is not necessarily "false" simply because it involves a statutory violation, we indicated that a claim is necessari... | {
"signal": "see also",
"identifier": "91 F.3d 1261, 1266",
"parenthetical": "recognizing that, while not all breaches of contract or regulatory violations automatically give rise to liability under the FCA, \"the false certification of compliance ... creates liability when certification is a prerequisite to obta... | {
"signal": "see",
"identifier": "125 F.3d 902, 902",
"parenthetical": "\"[W]here the government has conditioned payment of a claim upon a claimant's certification of compliance with, for example, a statute or regulation, a claimant submits a false or fraudulent claim when he or she falsely certifies compliance w... | 9,438,722 | b |
P. 1.413(1) (emphasis added). This codifies a "but for" causation reqdirement, limiting a fee-based' sanction to the fees that would have been avoided but for the improper filings. | {
"signal": "see",
"identifier": "774 N.W.2d 495, 495",
"parenthetical": "holding the district court abused its discretion by imposing-a sanction- that included fees expended before the sanctionable filings",
"sentence": "See Everly, 774 N.W.2d at 495. (holding the district court abused its discretion by imposi... | {
"signal": "see also",
"identifier": "989 F.2d 213, 218",
"parenthetical": "\"[B]efore an award of attorneys' fees may be made under [Rule 11], .it must be shown that the fees were- incurred be cause of the filing of an improper pleading.\"",
"sentence": "See Everly, 774 N.W.2d at 495. (holding the district co... | 12,339,026 | a |
P. 1.413(1) (emphasis added). This codifies a "but for" causation reqdirement, limiting a fee-based' sanction to the fees that would have been avoided but for the improper filings. | {
"signal": "see also",
"identifier": "914 F.2d 505, 523",
"parenthetical": "\"Only attorney time which is in response to that which has been sanctioned should be evaluated.\"",
"sentence": "See Everly, 774 N.W.2d at 495. (holding the district court abused its discretion by imposing-a sanction- that included fe... | {
"signal": "see",
"identifier": "774 N.W.2d 495, 495",
"parenthetical": "holding the district court abused its discretion by imposing-a sanction- that included fees expended before the sanctionable filings",
"sentence": "See Everly, 774 N.W.2d at 495. (holding the district court abused its discretion by imposi... | 12,339,026 | b |
The concurrence argues that the Court "retreats" from its decisions in Computer Assocs. In most discovery rule cases, courts are faced with common-law causes of action and general statutes of limitations. We held in Altai and confirmed in S.V. v. R.V. that the elements of inherent undiscoverability and objective verifi... | {
"signal": "see",
"identifier": "699 S.W.2d 205, 208",
"parenthetical": "\"[T]he Legislature's intent in passing Art. 4590i, SS 10.01, was to abolish the discovery rule in cases governed by the Medical Liability Act\"",
"sentence": "See, e.g., Morrison v. Chan, 699 S.W.2d 205, 208 (Tex.1985) (“[T]he Legislatur... | {
"signal": "cf.",
"identifier": "685 S.W.2d 11, 12",
"parenthetical": "holding that former article 4590i, section 10.01 violated the open courts provision when it abridged the right to sue before the claimant had a reasonable opportunity to discover the wrong",
"sentence": "See, e.g., Morrison v. Chan, 699 S.W... | 11,916,257 | a |
Consequently, unable to discern any express or implied manifestations of intent that B.R. 7062 was designed to enlarge the limited application of F.R.Civ.P. 62(a) as described above, this court must find that the ten day stay within those rules was not intended to apply to orders involving the dismissal of bankruptcy p... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "automatic stay does not remain in effect for ten days following dismissal of Chapter 13 petition",
"sentence": "(See In re Lashley, 825 F.2d 362 (11th Cir.1987) (bankruptcy court could not retroactively void foreclosure sale to enable Chapter 13 deb... | {
"signal": "contra",
"identifier": null,
"parenthetical": "repossession and sale of automobile within 10 days of dismissal constituted a violation of stay",
"sentence": "(See In re Lashley, 825 F.2d 362 (11th Cir.1987) (bankruptcy court could not retroactively void foreclosure sale to enable Chapter 13 debtors... | 6,480,104 | a |
Consequently, unable to discern any express or implied manifestations of intent that B.R. 7062 was designed to enlarge the limited application of F.R.Civ.P. 62(a) as described above, this court must find that the ten day stay within those rules was not intended to apply to orders involving the dismissal of bankruptcy p... | {
"signal": "contra",
"identifier": null,
"parenthetical": "repossession and sale of automobile within 10 days of dismissal constituted a violation of stay",
"sentence": "(See In re Lashley, 825 F.2d 362 (11th Cir.1987) (bankruptcy court could not retroactively void foreclosure sale to enable Chapter 13 debtors... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "perfection of security interest in collateral within 10 days of order dismissing Chapter 13 case held enforceable",
"sentence": "(See In re Lashley, 825 F.2d 362 (11th Cir.1987) (bankruptcy court could not retroactively void foreclosure sale to enab... | 6,480,104 | b |
Consequently, unable to discern any express or implied manifestations of intent that B.R. 7062 was designed to enlarge the limited application of F.R.Civ.P. 62(a) as described above, this court must find that the ten day stay within those rules was not intended to apply to orders involving the dismissal of bankruptcy p... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "absent order staying dismissal of Chapter 11 case, stay terminated upon dismissal and mortgagee was restored to position it assumed at the commencement of the case",
"sentence": "(See In re Lashley, 825 F.2d 362 (11th Cir.1987) (bankruptcy court cou... | {
"signal": "contra",
"identifier": null,
"parenthetical": "repossession and sale of automobile within 10 days of dismissal constituted a violation of stay",
"sentence": "(See In re Lashley, 825 F.2d 362 (11th Cir.1987) (bankruptcy court could not retroactively void foreclosure sale to enable Chapter 13 debtors... | 6,480,104 | a |
Pinell testified that these same events took place "some" time after 6:25 a.m. Accordingly, there is no direct conflict between the two accounts, and the evidence related to the parking lot video is sufficiently reliable to merit consideration. | {
"signal": "see also",
"identifier": "783 F.2d 776, 815",
"parenthetical": "\"The magistrate does not weigh conflicting evidence and make factual determinations but, rather, determines only where there is competent evidence to support the belief that the accused has committed the charged offense.\"",
"sentence... | {
"signal": "see",
"identifier": "2008 WL 366135, at *18",
"parenthetical": "rejecting inconsistencies and conflicts as \"not sufficient to negate the showing of probable cause.\"",
"sentence": "See In re Sainez, 2008 WL 366135 at *18, 2008 U.S. Dist. LEXIS 9573 at *55-56 (rejecting inconsistencies and conflict... | 3,751,241 | b |
Pinell testified that these same events took place "some" time after 6:25 a.m. Accordingly, there is no direct conflict between the two accounts, and the evidence related to the parking lot video is sufficiently reliable to merit consideration. | {
"signal": "see also",
"identifier": "783 F.2d 776, 815",
"parenthetical": "\"The magistrate does not weigh conflicting evidence and make factual determinations but, rather, determines only where there is competent evidence to support the belief that the accused has committed the charged offense.\"",
"sentence... | {
"signal": "see",
"identifier": "2008 U.S. Dist. LEXIS 9573, at *55-56",
"parenthetical": "rejecting inconsistencies and conflicts as \"not sufficient to negate the showing of probable cause.\"",
"sentence": "See In re Sainez, 2008 WL 366135 at *18, 2008 U.S. Dist. LEXIS 9573 at *55-56 (rejecting inconsistenci... | 3,751,241 | b |
The California Supreme Court has long held that state wage and hour laws "although at times patterned after federal regulations, also sometimes provide greater protection than is provided under federal law in the Fair Labor Standards Act (FLSA) and accompanying federal regulations." | {
"signal": "see",
"identifier": "14 Cal.4th 557, 573-74",
"parenthetical": "rejecting federal rule for calculating the overtime rate of pay in a California overtime claim",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Combs, 49 Cal.4th ... | {
"signal": "see also",
"identifier": "215 Cal.App.4th 36, 40",
"parenthetical": "rejecting FLSA averaging in favor of California requirement to be paid minimum wage for all hours required to remain at work",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999);... | 12,395,542 | a |
The California Supreme Court has long held that state wage and hour laws "although at times patterned after federal regulations, also sometimes provide greater protection than is provided under federal law in the Fair Labor Standards Act (FLSA) and accompanying federal regulations." | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting FLSA averaging in favor of California requirement to be paid minimum wage for all hours required to remain at work",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Com... | {
"signal": "see",
"identifier": "14 Cal.4th 557, 573-74",
"parenthetical": "rejecting federal rule for calculating the overtime rate of pay in a California overtime claim",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Combs, 49 Cal.4th ... | 12,395,542 | b |
The California Supreme Court has long held that state wage and hour laws "although at times patterned after federal regulations, also sometimes provide greater protection than is provided under federal law in the Fair Labor Standards Act (FLSA) and accompanying federal regulations." | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting federal rule for calculating the overtime rate of pay in a California overtime claim",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Combs, 49 Cal.4th 35, 67, 68, 109 Cal.... | {
"signal": "see also",
"identifier": "215 Cal.App.4th 36, 40",
"parenthetical": "rejecting FLSA averaging in favor of California requirement to be paid minimum wage for all hours required to remain at work",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999);... | 12,395,542 | a |
The California Supreme Court has long held that state wage and hour laws "although at times patterned after federal regulations, also sometimes provide greater protection than is provided under federal law in the Fair Labor Standards Act (FLSA) and accompanying federal regulations." | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting federal rule for calculating the overtime rate of pay in a California overtime claim",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Combs, 49 Cal.4th 35, 67, 68, 109 Cal.... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting FLSA averaging in favor of California requirement to be paid minimum wage for all hours required to remain at work",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Com... | 12,395,542 | a |
The California Supreme Court has long held that state wage and hour laws "although at times patterned after federal regulations, also sometimes provide greater protection than is provided under federal law in the Fair Labor Standards Act (FLSA) and accompanying federal regulations." | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting federal rule for calculating the overtime rate of pay in a California overtime claim",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Combs, 49 Cal.4th 35, 67, 68, 109 Cal.... | {
"signal": "see also",
"identifier": "215 Cal.App.4th 36, 40",
"parenthetical": "rejecting FLSA averaging in favor of California requirement to be paid minimum wage for all hours required to remain at work",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999);... | 12,395,542 | a |
The California Supreme Court has long held that state wage and hour laws "although at times patterned after federal regulations, also sometimes provide greater protection than is provided under federal law in the Fair Labor Standards Act (FLSA) and accompanying federal regulations." | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting FLSA averaging in favor of California requirement to be paid minimum wage for all hours required to remain at work",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Com... | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting federal rule for calculating the overtime rate of pay in a California overtime claim",
"sentence": "Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Combs, 49 Cal.4th 35, 67, 68, 109 Cal.... | 12,395,542 | b |
Under these circumstances, we see no reasons to deviate from our general rule that the plain-error standard governs the review of unpreserved errors. | {
"signal": "see",
"identifier": "535 U.S. 73, 73",
"parenthetical": "noting that failure to review unpreserved errors under the plain-error standard creates a perverse incentive for defendants to \"simply relax and wait to see if the sentence later struck him [or her] as satisfactory\"",
"sentence": "See Vonn,... | {
"signal": "see also",
"identifier": "774 F.3d 812, 815",
"parenthetical": "\"Because [defendant] neither objected to the judge's involvement in plea discussions, nor made an attempt to withdraw his guilty plea, we consider his appellate argument under the rigorous plain error standard.\"",
"sentence": "See Vo... | 4,356,312 | a |
Under these circumstances, we see no reasons to deviate from our general rule that the plain-error standard governs the review of unpreserved errors. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that failure to review unpreserved errors under the plain-error standard creates a perverse incentive for defendants to \"simply relax and wait to see if the sentence later struck him [or her] as satisfactory\"",
"sentence": "See Vonn, 535 U.S. at ... | {
"signal": "see also",
"identifier": "774 F.3d 812, 815",
"parenthetical": "\"Because [defendant] neither objected to the judge's involvement in plea discussions, nor made an attempt to withdraw his guilty plea, we consider his appellate argument under the rigorous plain error standard.\"",
"sentence": "See Vo... | 4,356,312 | a |
At the same time, the VRPA is as targeted as it is comprehensive, protecting consumer data while "allowing the information's ... disclosure in only a few narrow and well-justified circumstances." Additionally, there is no evidence that the Michigan legislature enacted the VRPA because it disagreed with the message of t... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Vermont may be displeased that [marketers] ... are effective in promoting brand-name drugs -- But [it cannot] burden the speech of others in order to tilt public debate in a preferred direction,\"",
"sentence": "See id, at 578-79, 131 S.Ct. 2653 (“Vermo... | {
"signal": "see also",
"identifier": "903 F.Supp.2d 309, 309",
"parenthetical": "\"[T]he Somll decision largely rested on the fact that Vermont was restraining a certain form of speech communicated by a certain speaker solely because of the State's disagreement with it.\"",
"sentence": "See id, at 578-79, 131 ... | 12,126,719 | a |
Our decisions concerning criminal laws infected with discrimination are illustrative. The Court must entertain the objection -- and reverse the conviction -- even if the right to equal treatment resides in someone other than the defendant. | {
"signal": "cf.",
"identifier": "429 U. S. 190, 192, 210",
"parenthetical": "law penalizing sale of beer to males but not females aged 18 to 20 could not be enforced against vendor",
"sentence": "See Eisenstadt v. Baird, 405 U. S. 438, 452-455 (1972) (reversing conviction for distributing contraceptives becaus... | {
"signal": "see",
"identifier": "405 U. S. 438, 452-455",
"parenthetical": "reversing conviction for distributing contraceptives because the law banning distribution violated the recipient's right to equal protection",
"sentence": "See Eisenstadt v. Baird, 405 U. S. 438, 452-455 (1972) (reversing conviction fo... | 5,924,754 | b |
Admittedly whether the firearm at issue was "recently stolen" is a close call given the fifteen-month period between the theft of the firearm and its recovery. We note that courts have found lengthy lapses of time (ialbeit shorter than the one presented here) to be within the permissible time limitation of the presumpt... | {
"signal": "but see",
"identifier": "77 F.2d 977, 982",
"parenthetical": "possession of pistols 293 days after theft, \"cannot in any sense be considered so recent a possession as to sustain a finding of guilty knowledge that the property was stolen.\"",
"sentence": "See e.g. Lee v. United States, 363 F.2d 469... | {
"signal": "see",
"identifier": "363 F.2d 469, 475",
"parenthetical": "lapse of five months from time of burglary to apprehension with stolen securities sufficiently recent to justify inference of guilt",
"sentence": "See e.g. Lee v. United States, 363 F.2d 469, 475 (8th Cir. 1966) (lapse of five months from t... | 12,386,882 | b |
Admittedly whether the firearm at issue was "recently stolen" is a close call given the fifteen-month period between the theft of the firearm and its recovery. We note that courts have found lengthy lapses of time (ialbeit shorter than the one presented here) to be within the permissible time limitation of the presumpt... | {
"signal": "see",
"identifier": "410 F.2d 147, 151",
"parenthetical": "six-month period from time of automobile theft to vehicle's recovery sufficient to infer guilty knowledge",
"sentence": "See e.g. Lee v. United States, 363 F.2d 469, 475 (8th Cir. 1966) (lapse of five months from time of burglary to apprehe... | {
"signal": "but see",
"identifier": "77 F.2d 977, 982",
"parenthetical": "possession of pistols 293 days after theft, \"cannot in any sense be considered so recent a possession as to sustain a finding of guilty knowledge that the property was stolen.\"",
"sentence": "See e.g. Lee v. United States, 363 F.2d 469... | 12,386,882 | a |
Courts have held that a fact finder is rational in deciding that the starvation of a child can constitute an act of commission and omission. | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the \"prolonged and purposeful\" starvation of child as a \"deliberate act,\" and finding evidence sufficient to uphold defendant's conviction for first-degree murder involving infliction of torture",
"sentence": "See People v. Jennings, 50 Cal... | {
"signal": "see also",
"identifier": null,
"parenthetical": "describing willfully starving a child as one of several examples of \"acts which result in injury or death but do not require force\"",
"sentence": "See People v. Jennings, 50 Cal.4th 616, 114 Cal.Rptr.3d 133, 237 P.3d 474, 524-25 (2010) (describing ... | 6,886,460 | a |
Courts have held that a fact finder is rational in deciding that the starvation of a child can constitute an act of commission and omission. | {
"signal": "see also",
"identifier": null,
"parenthetical": "describing parents' conduct in providing inadequate sustenance to children as \"acts of commission and omission\" that created a substantial risk of death or serious bodily injury, and upholding defendants' convictions for reckless endangerment of anot... | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the \"prolonged and purposeful\" starvation of child as a \"deliberate act,\" and finding evidence sufficient to uphold defendant's conviction for first-degree murder involving infliction of torture",
"sentence": "See People v. Jennings, 50 Cal... | 6,886,460 | b |
Courts have held that a fact finder is rational in deciding that the starvation of a child can constitute an act of commission and omission. | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the \"prolonged and purposeful\" starvation of child as a \"deliberate act,\" and finding evidence sufficient to uphold defendant's conviction for first-degree murder involving infliction of torture",
"sentence": "See People v. Jennings, 50 Cal... | {
"signal": "see also",
"identifier": "616 A.2d 988, 1004",
"parenthetical": "describing parents' conduct in providing inadequate sustenance to children as \"acts of commission and omission\" that created a substantial risk of death or serious bodily injury, and upholding defendants' convictions for reckless enda... | 6,886,460 | a |
Courts have held that a fact finder is rational in deciding that the starvation of a child can constitute an act of commission and omission. | {
"signal": "see also",
"identifier": null,
"parenthetical": "describing willfully starving a child as one of several examples of \"acts which result in injury or death but do not require force\"",
"sentence": "See People v. Jennings, 50 Cal.4th 616, 114 Cal.Rptr.3d 133, 237 P.3d 474, 524-25 (2010) (describing ... | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the \"prolonged and purposeful\" starvation of child as a \"deliberate act,\" and finding evidence sufficient to uphold defendant's conviction for first-degree murder involving infliction of torture",
"sentence": "See People v. Jennings, 50 Cal... | 6,886,460 | b |
Courts have held that a fact finder is rational in deciding that the starvation of a child can constitute an act of commission and omission. | {
"signal": "see also",
"identifier": null,
"parenthetical": "describing parents' conduct in providing inadequate sustenance to children as \"acts of commission and omission\" that created a substantial risk of death or serious bodily injury, and upholding defendants' convictions for reckless endangerment of anot... | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the \"prolonged and purposeful\" starvation of child as a \"deliberate act,\" and finding evidence sufficient to uphold defendant's conviction for first-degree murder involving infliction of torture",
"sentence": "See People v. Jennings, 50 Cal... | 6,886,460 | b |
Courts have held that a fact finder is rational in deciding that the starvation of a child can constitute an act of commission and omission. | {
"signal": "see also",
"identifier": "616 A.2d 988, 1004",
"parenthetical": "describing parents' conduct in providing inadequate sustenance to children as \"acts of commission and omission\" that created a substantial risk of death or serious bodily injury, and upholding defendants' convictions for reckless enda... | {
"signal": "see",
"identifier": null,
"parenthetical": "describing the \"prolonged and purposeful\" starvation of child as a \"deliberate act,\" and finding evidence sufficient to uphold defendant's conviction for first-degree murder involving infliction of torture",
"sentence": "See People v. Jennings, 50 Cal... | 6,886,460 | b |
Courts have held that a fact finder is rational in deciding that the starvation of a child can constitute an act of commission and omission. | {
"signal": "see",
"identifier": "237 P.3d 474, 524-25",
"parenthetical": "describing the \"prolonged and purposeful\" starvation of child as a \"deliberate act,\" and finding evidence sufficient to uphold defendant's conviction for first-degree murder involving infliction of torture",
"sentence": "See People v... | {
"signal": "see also",
"identifier": null,
"parenthetical": "describing willfully starving a child as one of several examples of \"acts which result in injury or death but do not require force\"",
"sentence": "See People v. Jennings, 50 Cal.4th 616, 114 Cal.Rptr.3d 133, 237 P.3d 474, 524-25 (2010) (describing ... | 6,886,460 | a |
Courts have held that a fact finder is rational in deciding that the starvation of a child can constitute an act of commission and omission. | {
"signal": "see",
"identifier": "237 P.3d 474, 524-25",
"parenthetical": "describing the \"prolonged and purposeful\" starvation of child as a \"deliberate act,\" and finding evidence sufficient to uphold defendant's conviction for first-degree murder involving infliction of torture",
"sentence": "See People v... | {
"signal": "see also",
"identifier": null,
"parenthetical": "describing parents' conduct in providing inadequate sustenance to children as \"acts of commission and omission\" that created a substantial risk of death or serious bodily injury, and upholding defendants' convictions for reckless endangerment of anot... | 6,886,460 | a |
Courts have held that a fact finder is rational in deciding that the starvation of a child can constitute an act of commission and omission. | {
"signal": "see also",
"identifier": "616 A.2d 988, 1004",
"parenthetical": "describing parents' conduct in providing inadequate sustenance to children as \"acts of commission and omission\" that created a substantial risk of death or serious bodily injury, and upholding defendants' convictions for reckless enda... | {
"signal": "see",
"identifier": "237 P.3d 474, 524-25",
"parenthetical": "describing the \"prolonged and purposeful\" starvation of child as a \"deliberate act,\" and finding evidence sufficient to uphold defendant's conviction for first-degree murder involving infliction of torture",
"sentence": "See People v... | 6,886,460 | b |
Moreover, to maintain a claim for abuse of process the plaintiff must allege that he was unlawfully arrested or his property unlawfully seized. | {
"signal": "see also",
"identifier": "346 Md. 45, 45-46",
"parenthetical": "\"The plaintiff [must] establish that an arrest of the person or a seizure of property of the plaintiff resulted from the abuse of process.\"",
"sentence": "Herring, 21 Md.App. at 536, 321 A.2d 182 (“[T]he injuries contemplated by this... | {
"signal": "no signal",
"identifier": "21 Md.App. 536, 536",
"parenthetical": "\"[T]he injuries contemplated by this particular tort (and an indispensable element of it",
"sentence": "Herring, 21 Md.App. at 536, 321 A.2d 182 (“[T]he injuries contemplated by this particular tort (and an indispensable element of... | 1,306,976 | b |
Moreover, to maintain a claim for abuse of process the plaintiff must allege that he was unlawfully arrested or his property unlawfully seized. | {
"signal": "no signal",
"identifier": "21 Md.App. 536, 536",
"parenthetical": "\"[T]he injuries contemplated by this particular tort (and an indispensable element of it",
"sentence": "Herring, 21 Md.App. at 536, 321 A.2d 182 (“[T]he injuries contemplated by this particular tort (and an indispensable element of... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The plaintiff [must] establish that an arrest of the person or a seizure of property of the plaintiff resulted from the abuse of process.\"",
"sentence": "Herring, 21 Md.App. at 536, 321 A.2d 182 (“[T]he injuries contemplated by this particular tor... | 1,306,976 | a |
Moreover, to maintain a claim for abuse of process the plaintiff must allege that he was unlawfully arrested or his property unlawfully seized. | {
"signal": "see also",
"identifier": "346 Md. 45, 45-46",
"parenthetical": "\"The plaintiff [must] establish that an arrest of the person or a seizure of property of the plaintiff resulted from the abuse of process.\"",
"sentence": "Herring, 21 Md.App. at 536, 321 A.2d 182 (“[T]he injuries contemplated by this... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he injuries contemplated by this particular tort (and an indispensable element of it",
"sentence": "Herring, 21 Md.App. at 536, 321 A.2d 182 (“[T]he injuries contemplated by this particular tort (and an indispensable element of it) are limited ... | 1,306,976 | b |
Moreover, to maintain a claim for abuse of process the plaintiff must allege that he was unlawfully arrested or his property unlawfully seized. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[T]he injuries contemplated by this particular tort (and an indispensable element of it",
"sentence": "Herring, 21 Md.App. at 536, 321 A.2d 182 (“[T]he injuries contemplated by this particular tort (and an indispensable element of it) are limited ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The plaintiff [must] establish that an arrest of the person or a seizure of property of the plaintiff resulted from the abuse of process.\"",
"sentence": "Herring, 21 Md.App. at 536, 321 A.2d 182 (“[T]he injuries contemplated by this particular tor... | 1,306,976 | a |
I disagree. I would hold that the district court acted within its discretion in striking Pickle's claim on a basis that is unquestionably recognized by our precedent, numerous rulings from other courts, the language of Rule G, and the Advisory Committee Note. | {
"signal": "see",
"identifier": "672 F.3d 642, 642",
"parenthetical": "\"The issue of standing is subject to adversarial testing under Supplemental Rule G(6)(a",
"sentence": "See $133,420.00, 672 F.3d at 642 (“The issue of standing is subject to adversarial testing under Supplemental Rule G(6)(a), which gives ... | {
"signal": "see also",
"identifier": "744 F.3d 563, 563",
"parenthetical": "observing that the purpose of Rule G(6)(a) \"is to permit the government to file limited interrogatories at any time after the claim is filed to gather information that bears on the claimant's standing\"",
"sentence": "See $133,420.00,... | 4,229,384 | a |
I disagree. I would hold that the district court acted within its discretion in striking Pickle's claim on a basis that is unquestionably recognized by our precedent, numerous rulings from other courts, the language of Rule G, and the Advisory Committee Note. | {
"signal": "see",
"identifier": "672 F.3d 642, 642",
"parenthetical": "\"The issue of standing is subject to adversarial testing under Supplemental Rule G(6)(a",
"sentence": "See $133,420.00, 672 F.3d at 642 (“The issue of standing is subject to adversarial testing under Supplemental Rule G(6)(a), which gives ... | {
"signal": "see also",
"identifier": "2015 WL 410590, at *2",
"parenthetical": "\"While it is claimant's burden to establish standing, Rule G(6",
"sentence": "See $133,420.00, 672 F.3d at 642 (“The issue of standing is subject to adversarial testing under Supplemental Rule G(6)(a), which gives the government t... | 4,229,384 | a |
I disagree. I would hold that the district court acted within its discretion in striking Pickle's claim on a basis that is unquestionably recognized by our precedent, numerous rulings from other courts, the language of Rule G, and the Advisory Committee Note. | {
"signal": "see also",
"identifier": "680 F.Supp.2d 816, 822",
"parenthetical": "noting that \"[statutory standing is established through strict compliance with Supplemental Rules G(5",
"sentence": "See $133,420.00, 672 F.3d at 642 (“The issue of standing is subject to adversarial testing under Supplemental Ru... | {
"signal": "see",
"identifier": "672 F.3d 642, 642",
"parenthetical": "\"The issue of standing is subject to adversarial testing under Supplemental Rule G(6)(a",
"sentence": "See $133,420.00, 672 F.3d at 642 (“The issue of standing is subject to adversarial testing under Supplemental Rule G(6)(a), which gives ... | 4,229,384 | b |
I disagree. I would hold that the district court acted within its discretion in striking Pickle's claim on a basis that is unquestionably recognized by our precedent, numerous rulings from other courts, the language of Rule G, and the Advisory Committee Note. | {
"signal": "see also",
"identifier": "947 F.Supp.2d 560, 565",
"parenthetical": "\"To facilitate the Government's ability to challenge claims on standing grounds, Rule G(6",
"sentence": "See $133,420.00, 672 F.3d at 642 (“The issue of standing is subject to adversarial testing under Supplemental Rule G(6)(a), ... | {
"signal": "see",
"identifier": "672 F.3d 642, 642",
"parenthetical": "\"The issue of standing is subject to adversarial testing under Supplemental Rule G(6)(a",
"sentence": "See $133,420.00, 672 F.3d at 642 (“The issue of standing is subject to adversarial testing under Supplemental Rule G(6)(a), which gives ... | 4,229,384 | b |
Instead, the provision merely provides the BIA the discretion to reopen immigration proceedings as it sees fit. Federal circuit courts consistently have interpreted the provision in this way. | {
"signal": "see",
"identifier": null,
"parenthetical": "denying petition to reopen but noting that the BIA could have reopened the deportation proceeding under 8 C.F.R. SS 3.2(a",
"sentence": "See Mejia Rodriguez, 178 F.3d at 1145 n.5 (denying petition to reopen but noting that the BIA could have reopened the ... | {
"signal": "see also",
"identifier": "171 F.3d 9, 9",
"parenthetical": "describing 3.2(a) as a discretionary provision under which the BIA at its own initiative can reopen proceedings",
"sentence": "See Mejia Rodriguez, 178 F.3d at 1145 n.5 (denying petition to reopen but noting that the BIA could have reopene... | 11,579,257 | a |
Persons within state police custody enjoy the protections afforded by the Fourteenth and Eighth Amendments, which include the right to obtain adequate medical care. | {
"signal": "no signal",
"identifier": "849 F.2d 863, 866",
"parenthetical": "explaining that the denial of medical care by state officials can give rise to claims under the Fourteenth Amendment's due process clause",
"sentence": "Martin v. Gentile, 849 F.2d 863, 866 (4th Cir.1988) (explaining that the denial o... | {
"signal": "see also",
"identifier": "463 U.S. 239, 244",
"parenthetical": "holding that pretrial detainees have at least the same protections under the Fourteenth Amendment as post-trial detainees have under the Eighth Amendment",
"sentence": "Martin v. Gentile, 849 F.2d 863, 866 (4th Cir.1988) (explaining th... | 3,863,956 | a |
Persons within state police custody enjoy the protections afforded by the Fourteenth and Eighth Amendments, which include the right to obtain adequate medical care. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that pretrial detainees have at least the same protections under the Fourteenth Amendment as post-trial detainees have under the Eighth Amendment",
"sentence": "Martin v. Gentile, 849 F.2d 863, 866 (4th Cir.1988) (explaining that the denial o... | {
"signal": "no signal",
"identifier": "849 F.2d 863, 866",
"parenthetical": "explaining that the denial of medical care by state officials can give rise to claims under the Fourteenth Amendment's due process clause",
"sentence": "Martin v. Gentile, 849 F.2d 863, 866 (4th Cir.1988) (explaining that the denial o... | 3,863,956 | b |
Persons within state police custody enjoy the protections afforded by the Fourteenth and Eighth Amendments, which include the right to obtain adequate medical care. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that pretrial detainees have at least the same protections under the Fourteenth Amendment as post-trial detainees have under the Eighth Amendment",
"sentence": "Martin v. Gentile, 849 F.2d 863, 866 (4th Cir.1988) (explaining that the denial o... | {
"signal": "no signal",
"identifier": "849 F.2d 863, 866",
"parenthetical": "explaining that the denial of medical care by state officials can give rise to claims under the Fourteenth Amendment's due process clause",
"sentence": "Martin v. Gentile, 849 F.2d 863, 866 (4th Cir.1988) (explaining that the denial o... | 3,863,956 | b |
Persons within state police custody enjoy the protections afforded by the Fourteenth and Eighth Amendments, which include the right to obtain adequate medical care. | {
"signal": "see also",
"identifier": "898 F.2d 32, 34",
"parenthetical": "\"[T]he Fourteenth Amendment right of pretrial detainees, like the Eighth Amendment right of Con victed prisoners, requires that government officials not be deliberately indifferent to any serious medical needs of the detainee.\"",
"sent... | {
"signal": "no signal",
"identifier": "849 F.2d 863, 866",
"parenthetical": "explaining that the denial of medical care by state officials can give rise to claims under the Fourteenth Amendment's due process clause",
"sentence": "Martin v. Gentile, 849 F.2d 863, 866 (4th Cir.1988) (explaining that the denial o... | 3,863,956 | b |
Contrary to Madueno-Gonzalez's contention, the IJ did not violate his due process rights by admitting the 1-213 record of deportable/inadmissible alien, which documented his attempt to enter the United States by misrepresenting his identity and immigration status and which was supported by the preparing officer's testi... | {
"signal": "see",
"identifier": "588 F.2d 1274, 1278",
"parenthetical": "no due process violation because \"the bare assertion that a statement is involuntary is insufficient\" to prove coercion",
"sentence": "See Cuevas-Ortega v. INS, 588 F.2d 1274, 1278 (9th Cir.1979) (no due process violation because “the b... | {
"signal": "see also",
"identifier": "45 F.3d 308, 310",
"parenthetical": "\"The burden of establishing a basis for exclusion of evidence from a government record falls on the opponent of the evidence, who must come forward with enough negative factors to persuade the court not to admit it.\"",
"sentence": "Se... | 3,581,597 | a |
Based on the foregoing, and "under the facts interpreted most favorably to plaintiffs], it was not reasonable for [Atchison] to adversely treat [plaintiffs] because [they were women]." | {
"signal": "see also",
"identifier": "365 F.3d 130, 130",
"parenthetical": "denying qualified immunity where it was possible that a jury could find that the individual defendants discriminated against plaintiff on the basis of sex in violation of SS 1983",
"sentence": "Kantha v. Blue, 262 F.Supp.2d 90, 109 (S.... | {
"signal": "no signal",
"identifier": "262 F.Supp.2d 90, 109",
"parenthetical": "denying qualified immunity on plaintiffs SS 1983 disparate treatment claim",
"sentence": "Kantha v. Blue, 262 F.Supp.2d 90, 109 (S.D.N.Y.2003) (denying qualified immunity on plaintiffs § 1983 disparate treatment claim); see also B... | 4,222,206 | b |
Based on the foregoing, and "under the facts interpreted most favorably to plaintiffs], it was not reasonable for [Atchison] to adversely treat [plaintiffs] because [they were women]." | {
"signal": "see also",
"identifier": "351 F.Supp.2d 198, 198",
"parenthetical": "denying qualified immunity with respect to plaintiffs SS 1983 claim where the individual defendant was \"the cause\" of the alleged sex discrimination and \"under preexisting law a reasonable defendant official would have understood... | {
"signal": "no signal",
"identifier": "262 F.Supp.2d 90, 109",
"parenthetical": "denying qualified immunity on plaintiffs SS 1983 disparate treatment claim",
"sentence": "Kantha v. Blue, 262 F.Supp.2d 90, 109 (S.D.N.Y.2003) (denying qualified immunity on plaintiffs § 1983 disparate treatment claim); see also B... | 4,222,206 | b |
. Under the federal standards for qualified immunity, a prosecutor would be "shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." | {
"signal": "no signal",
"identifier": "457 U.S. 800, 818",
"parenthetical": "recognizing objective standard applicable under 42 U.S.C. SS 1983 and suits under United States Constitution",
"sentence": "Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (recognizing objective standard... | {
"signal": "cf.",
"identifier": "883 S.W.2d 650, 653",
"parenthetical": "Under Texas common law, official immunity provides government officials \"immunity from suit arising from the performance of their (1",
"sentence": "Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (recognizi... | 7,264,185 | a |
. Under the federal standards for qualified immunity, a prosecutor would be "shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." | {
"signal": "cf.",
"identifier": "883 S.W.2d 650, 653",
"parenthetical": "Under Texas common law, official immunity provides government officials \"immunity from suit arising from the performance of their (1",
"sentence": "Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (recognizi... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing objective standard applicable under 42 U.S.C. SS 1983 and suits under United States Constitution",
"sentence": "Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (recognizing objective standard applicable und... | 7,264,185 | b |
. Under the federal standards for qualified immunity, a prosecutor would be "shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." | {
"signal": "cf.",
"identifier": "883 S.W.2d 650, 653",
"parenthetical": "Under Texas common law, official immunity provides government officials \"immunity from suit arising from the performance of their (1",
"sentence": "Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (recognizi... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing objective standard applicable under 42 U.S.C. SS 1983 and suits under United States Constitution",
"sentence": "Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (recognizing objective standard applicable und... | 7,264,185 | b |
Although dismissal is the presumptive sanction contemplated by CIPA when a defendant is prevented from disclosing classified information found to be material and favorable, 18 U.S.C.App. 3 SS 6(e)(2), in the interest of justice, a district court may exercise its discretion to fashion and impose less draconian sanctions... | {
"signal": "cf.",
"identifier": "353 U.S. 671, 671-72",
"parenthetical": "finding that a criminal case must be dismissed when the Government, on the ground of privilege, elects not to comply with an order to produce to the defense information the trial court has found to be relevant",
"sentence": "See 18 U.S.C... | {
"signal": "see also",
"identifier": "353 U.S. 65, 65",
"parenthetical": "noting that the Government's refusal to provide the defense with the name and address of an informant who could have offered trial testimony that would have been helpful to the defense should have been punished by dismissal of the relevant... | 9,092,608 | b |
Although dismissal is the presumptive sanction contemplated by CIPA when a defendant is prevented from disclosing classified information found to be material and favorable, 18 U.S.C.App. 3 SS 6(e)(2), in the interest of justice, a district court may exercise its discretion to fashion and impose less draconian sanctions... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding that a criminal case must be dismissed when the Government, on the ground of privilege, elects not to comply with an order to produce to the defense information the trial court has found to be relevant",
"sentence": "See 18 U.S.C.App. 36(e)(2); Fe... | {
"signal": "see also",
"identifier": "353 U.S. 65, 65",
"parenthetical": "noting that the Government's refusal to provide the defense with the name and address of an informant who could have offered trial testimony that would have been helpful to the defense should have been punished by dismissal of the relevant... | 9,092,608 | b |
Although dismissal is the presumptive sanction contemplated by CIPA when a defendant is prevented from disclosing classified information found to be material and favorable, 18 U.S.C.App. 3 SS 6(e)(2), in the interest of justice, a district court may exercise its discretion to fashion and impose less draconian sanctions... | {
"signal": "cf.",
"identifier": "353 U.S. 671, 671-72",
"parenthetical": "finding that a criminal case must be dismissed when the Government, on the ground of privilege, elects not to comply with an order to produce to the defense information the trial court has found to be relevant",
"sentence": "See 18 U.S.C... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the Government's refusal to provide the defense with the name and address of an informant who could have offered trial testimony that would have been helpful to the defense should have been punished by dismissal of the relevant count in the... | 9,092,608 | b |
Although dismissal is the presumptive sanction contemplated by CIPA when a defendant is prevented from disclosing classified information found to be material and favorable, 18 U.S.C.App. 3 SS 6(e)(2), in the interest of justice, a district court may exercise its discretion to fashion and impose less draconian sanctions... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding that a criminal case must be dismissed when the Government, on the ground of privilege, elects not to comply with an order to produce to the defense information the trial court has found to be relevant",
"sentence": "See 18 U.S.C.App. 36(e)(2); Fe... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the Government's refusal to provide the defense with the name and address of an informant who could have offered trial testimony that would have been helpful to the defense should have been punished by dismissal of the relevant count in the... | 9,092,608 | b |
Although dismissal is the presumptive sanction contemplated by CIPA when a defendant is prevented from disclosing classified information found to be material and favorable, 18 U.S.C.App. 3 SS 6(e)(2), in the interest of justice, a district court may exercise its discretion to fashion and impose less draconian sanctions... | {
"signal": "cf.",
"identifier": "353 U.S. 671, 671-72",
"parenthetical": "finding that a criminal case must be dismissed when the Government, on the ground of privilege, elects not to comply with an order to produce to the defense information the trial court has found to be relevant",
"sentence": "See 18 U.S.C... | {
"signal": "see also",
"identifier": "126 F.3d 317, 317",
"parenthetical": "finding that dismissal of the indictment was too severe a sanction for the Government's failure to comply with the district court's discovery order regarding the defendant's selective prosecution claim",
"sentence": "See 18 U.S.C.App. ... | 9,092,608 | b |
Although dismissal is the presumptive sanction contemplated by CIPA when a defendant is prevented from disclosing classified information found to be material and favorable, 18 U.S.C.App. 3 SS 6(e)(2), in the interest of justice, a district court may exercise its discretion to fashion and impose less draconian sanctions... | {
"signal": "see also",
"identifier": "126 F.3d 317, 317",
"parenthetical": "finding that dismissal of the indictment was too severe a sanction for the Government's failure to comply with the district court's discovery order regarding the defendant's selective prosecution claim",
"sentence": "See 18 U.S.C.App. ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding that a criminal case must be dismissed when the Government, on the ground of privilege, elects not to comply with an order to produce to the defense information the trial court has found to be relevant",
"sentence": "See 18 U.S.C.App. 36(e)(2); Fe... | 9,092,608 | a |
The cashing of the checks resulted, therefore, in satisfaction of the accord. Because there was an accord and satisfaction, appellant is precluded from suing either on the original claim or on the accord. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "upon cashing defendant's check, plaintiff who failed to perform condition of settlement agreement estopped from asserting original claim",
"sentence": "Cf. McGehee v. Mata, 330 So.2d 248 (Fla. 3d DCA 1976) (upon cashing defendant’s check, plaintiff who fa... | {
"signal": "see",
"identifier": null,
"parenthetical": "circumstances and conditions under which appellant received and cashed check established compromise in settlement",
"sentence": "See, e. g., Yelen v. Cindy’s Inc., 386 So.2d 1234 (Fla. 3d DCA 1980), pet. for rev. dismissed, 394 So.2d 1154 (Fla.1980) (circ... | 9,589,278 | b |
The cashing of the checks resulted, therefore, in satisfaction of the accord. Because there was an accord and satisfaction, appellant is precluded from suing either on the original claim or on the accord. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "upon cashing defendant's check, plaintiff who failed to perform condition of settlement agreement estopped from asserting original claim",
"sentence": "Cf. McGehee v. Mata, 330 So.2d 248 (Fla. 3d DCA 1976) (upon cashing defendant’s check, plaintiff who fa... | {
"signal": "see",
"identifier": null,
"parenthetical": "circumstances and conditions under which appellant received and cashed check established compromise in settlement",
"sentence": "See, e. g., Yelen v. Cindy’s Inc., 386 So.2d 1234 (Fla. 3d DCA 1980), pet. for rev. dismissed, 394 So.2d 1154 (Fla.1980) (circ... | 9,589,278 | b |
The cashing of the checks resulted, therefore, in satisfaction of the accord. Because there was an accord and satisfaction, appellant is precluded from suing either on the original claim or on the accord. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "upon cashing defendant's check, plaintiff who failed to perform condition of settlement agreement estopped from asserting original claim",
"sentence": "Cf. McGehee v. Mata, 330 So.2d 248 (Fla. 3d DCA 1976) (upon cashing defendant’s check, plaintiff who fa... | {
"signal": "see",
"identifier": null,
"parenthetical": "check cashed in full and final payment for all goods, services and claims was accord and satisfaction",
"sentence": "See, e. g., Yelen v. Cindy’s Inc., 386 So.2d 1234 (Fla. 3d DCA 1980), pet. for rev. dismissed, 394 So.2d 1154 (Fla.1980) (circumstances an... | 9,589,278 | b |
The cashing of the checks resulted, therefore, in satisfaction of the accord. Because there was an accord and satisfaction, appellant is precluded from suing either on the original claim or on the accord. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "upon cashing defendant's check, plaintiff who failed to perform condition of settlement agreement estopped from asserting original claim",
"sentence": "Cf. McGehee v. Mata, 330 So.2d 248 (Fla. 3d DCA 1976) (upon cashing defendant’s check, plaintiff who fa... | {
"signal": "see",
"identifier": null,
"parenthetical": "check cashed in full and final payment for all goods, services and claims was accord and satisfaction",
"sentence": "See, e. g., Yelen v. Cindy’s Inc., 386 So.2d 1234 (Fla. 3d DCA 1980), pet. for rev. dismissed, 394 So.2d 1154 (Fla.1980) (circumstances an... | 9,589,278 | b |
Jolicoeur contemplates that an insurance administrator could, under appropriate circumstances, illicitly interfere with the contract of its principal. Like any other agent, an administrator could accomplish this feat by acting beyond the scope of its authority. | {
"signal": "see",
"identifier": "798 A.2d 416, 419",
"parenthetical": "\"An agent, however, may be personally liable for unauthorized acts outside the scope of the agency[.]\"",
"sentence": "See Kennett v. Marquis, 798 A.2d 416, 419 (R.I.2002) (per curiam) (“An agent, however, may be personally liable for unau... | {
"signal": "see also",
"identifier": "808 F.2d 1005, 1007-08",
"parenthetical": "holding that a corporate officer, acting in his or her official capacity, could not tortiously interfere with a corporate contract because corporations act only through their officers and agents",
"sentence": "See Kennett v. Marqu... | 3,837,046 | a |
Jolicoeur contemplates that an insurance administrator could, under appropriate circumstances, illicitly interfere with the contract of its principal. Like any other agent, an administrator could accomplish this feat by acting beyond the scope of its authority. | {
"signal": "see also",
"identifier": "808 F.2d 1005, 1007-08",
"parenthetical": "holding that a corporate officer, acting in his or her official capacity, could not tortiously interfere with a corporate contract because corporations act only through their officers and agents",
"sentence": "See Kennett v. Marqu... | {
"signal": "see",
"identifier": "58 P.3d 217, 223",
"parenthetical": "remarking that an independent insurance adjuster could be liable for tortiously interfering with an insurance contract by acting beyond the scope of its authority from the insurer",
"sentence": "See Kennett v. Marquis, 798 A.2d 416, 419 (R.I... | 3,837,046 | b |
. While, guilty pleas of a co-defendant cannot be used to establish the guilt of the defendant on trial, we are cognizant that the Commonwealth is permitted to bring out the circumstances surrounding a witness' agreement on direct examination in order to avoid any inference by the jury that the Commonwealth is attempti... | {
"signal": "see",
"identifier": "434 Pa. 167, 170",
"parenthetical": "where a witness is under indictment for the same crime for which the defendant is being tried, evidence of witness' indictment is relevant as bearing on the witness's interest in the immediate matter",
"sentence": "See Commonwealth v. Ross, ... | {
"signal": "no signal",
"identifier": "424 Pa.Super. 29, 34",
"parenthetical": "Commonwealth agreements should be fully, fairly and honestly disclosed at trial because they have a significant bearing on a witness' motive for testifying",
"sentence": "Commonwealth v. Hartey, 424 Pa.Super. 29, 34, 621 A.2d 1023,... | 7,862,136 | b |
. While, guilty pleas of a co-defendant cannot be used to establish the guilt of the defendant on trial, we are cognizant that the Commonwealth is permitted to bring out the circumstances surrounding a witness' agreement on direct examination in order to avoid any inference by the jury that the Commonwealth is attempti... | {
"signal": "no signal",
"identifier": "424 Pa.Super. 29, 34",
"parenthetical": "Commonwealth agreements should be fully, fairly and honestly disclosed at trial because they have a significant bearing on a witness' motive for testifying",
"sentence": "Commonwealth v. Hartey, 424 Pa.Super. 29, 34, 621 A.2d 1023,... | {
"signal": "see",
"identifier": "252 A.2d 661, 662",
"parenthetical": "where a witness is under indictment for the same crime for which the defendant is being tried, evidence of witness' indictment is relevant as bearing on the witness's interest in the immediate matter",
"sentence": "See Commonwealth v. Ross,... | 7,862,136 | a |
. While, guilty pleas of a co-defendant cannot be used to establish the guilt of the defendant on trial, we are cognizant that the Commonwealth is permitted to bring out the circumstances surrounding a witness' agreement on direct examination in order to avoid any inference by the jury that the Commonwealth is attempti... | {
"signal": "see",
"identifier": null,
"parenthetical": "a witness who is under indictment for the same crime involved in a case in which he is testifying may be cross-examined about that indictment in order to allow the jury to evaluate whether witness testified for prosecution to gain favorable treatment in his... | {
"signal": "no signal",
"identifier": "424 Pa.Super. 29, 34",
"parenthetical": "Commonwealth agreements should be fully, fairly and honestly disclosed at trial because they have a significant bearing on a witness' motive for testifying",
"sentence": "Commonwealth v. Hartey, 424 Pa.Super. 29, 34, 621 A.2d 1023,... | 7,862,136 | b |
. While, guilty pleas of a co-defendant cannot be used to establish the guilt of the defendant on trial, we are cognizant that the Commonwealth is permitted to bring out the circumstances surrounding a witness' agreement on direct examination in order to avoid any inference by the jury that the Commonwealth is attempti... | {
"signal": "see",
"identifier": "311 A.2d 896, 898",
"parenthetical": "a witness who is under indictment for the same crime involved in a case in which he is testifying may be cross-examined about that indictment in order to allow the jury to evaluate whether witness testified for prosecution to gain favorable t... | {
"signal": "no signal",
"identifier": "424 Pa.Super. 29, 34",
"parenthetical": "Commonwealth agreements should be fully, fairly and honestly disclosed at trial because they have a significant bearing on a witness' motive for testifying",
"sentence": "Commonwealth v. Hartey, 424 Pa.Super. 29, 34, 621 A.2d 1023,... | 7,862,136 | b |
. While, guilty pleas of a co-defendant cannot be used to establish the guilt of the defendant on trial, we are cognizant that the Commonwealth is permitted to bring out the circumstances surrounding a witness' agreement on direct examination in order to avoid any inference by the jury that the Commonwealth is attempti... | {
"signal": "no signal",
"identifier": "621 A.2d 1023, 1026",
"parenthetical": "Commonwealth agreements should be fully, fairly and honestly disclosed at trial because they have a significant bearing on a witness' motive for testifying",
"sentence": "Commonwealth v. Hartey, 424 Pa.Super. 29, 34, 621 A.2d 1023, ... | {
"signal": "see",
"identifier": "434 Pa. 167, 170",
"parenthetical": "where a witness is under indictment for the same crime for which the defendant is being tried, evidence of witness' indictment is relevant as bearing on the witness's interest in the immediate matter",
"sentence": "See Commonwealth v. Ross, ... | 7,862,136 | a |
. While, guilty pleas of a co-defendant cannot be used to establish the guilt of the defendant on trial, we are cognizant that the Commonwealth is permitted to bring out the circumstances surrounding a witness' agreement on direct examination in order to avoid any inference by the jury that the Commonwealth is attempti... | {
"signal": "no signal",
"identifier": "621 A.2d 1023, 1026",
"parenthetical": "Commonwealth agreements should be fully, fairly and honestly disclosed at trial because they have a significant bearing on a witness' motive for testifying",
"sentence": "Commonwealth v. Hartey, 424 Pa.Super. 29, 34, 621 A.2d 1023, ... | {
"signal": "see",
"identifier": "252 A.2d 661, 662",
"parenthetical": "where a witness is under indictment for the same crime for which the defendant is being tried, evidence of witness' indictment is relevant as bearing on the witness's interest in the immediate matter",
"sentence": "See Commonwealth v. Ross,... | 7,862,136 | a |
. While, guilty pleas of a co-defendant cannot be used to establish the guilt of the defendant on trial, we are cognizant that the Commonwealth is permitted to bring out the circumstances surrounding a witness' agreement on direct examination in order to avoid any inference by the jury that the Commonwealth is attempti... | {
"signal": "see",
"identifier": null,
"parenthetical": "a witness who is under indictment for the same crime involved in a case in which he is testifying may be cross-examined about that indictment in order to allow the jury to evaluate whether witness testified for prosecution to gain favorable treatment in his... | {
"signal": "no signal",
"identifier": "621 A.2d 1023, 1026",
"parenthetical": "Commonwealth agreements should be fully, fairly and honestly disclosed at trial because they have a significant bearing on a witness' motive for testifying",
"sentence": "Commonwealth v. Hartey, 424 Pa.Super. 29, 34, 621 A.2d 1023, ... | 7,862,136 | b |
. While, guilty pleas of a co-defendant cannot be used to establish the guilt of the defendant on trial, we are cognizant that the Commonwealth is permitted to bring out the circumstances surrounding a witness' agreement on direct examination in order to avoid any inference by the jury that the Commonwealth is attempti... | {
"signal": "see",
"identifier": "311 A.2d 896, 898",
"parenthetical": "a witness who is under indictment for the same crime involved in a case in which he is testifying may be cross-examined about that indictment in order to allow the jury to evaluate whether witness testified for prosecution to gain favorable t... | {
"signal": "no signal",
"identifier": "621 A.2d 1023, 1026",
"parenthetical": "Commonwealth agreements should be fully, fairly and honestly disclosed at trial because they have a significant bearing on a witness' motive for testifying",
"sentence": "Commonwealth v. Hartey, 424 Pa.Super. 29, 34, 621 A.2d 1023, ... | 7,862,136 | b |
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