context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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|---|---|---|---|---|
Ocean-going passenger vessels are engaged in maritime commerce, and where the conduct giving rise to the suit "occur[s] aboard a cruise ship in navigable waters, [the] cause of action contains the traditional nexus for maritime torts." | {
"signal": "see also",
"identifier": "306 F.3d 827, 831-32, 840-41",
"parenthetical": "plaintiff sued for intentional infliction of emotional distress after her husband fell overboard and ship's master told her that her husband had probably been \"chopped up\" by the propellers and his body would never be recove... | {
"signal": "no signal",
"identifier": "996 F.Supp. 303, 307",
"parenthetical": "\"maritime nexus ... is established by the role that ocean-going cruise ships play in maritime commerce\"",
"sentence": "Gibbs v. Carnival Cruise Lines, 314 F.3d 125, 129, 132 (3d Cir.2002) (where child burned the soles of his feet... | 3,503,521 | b |
Ocean-going passenger vessels are engaged in maritime commerce, and where the conduct giving rise to the suit "occur[s] aboard a cruise ship in navigable waters, [the] cause of action contains the traditional nexus for maritime torts." | {
"signal": "no signal",
"identifier": "996 F.Supp. 303, 307",
"parenthetical": "\"maritime nexus ... is established by the role that ocean-going cruise ships play in maritime commerce\"",
"sentence": "Gibbs v. Carnival Cruise Lines, 314 F.3d 125, 129, 132 (3d Cir.2002) (where child burned the soles of his feet... | {
"signal": "see also",
"identifier": "82 F.3d 69, 72, 73",
"parenthetical": "slip and fall in cruise ship bathtub had nexus to traditional maritime activity",
"sentence": "Gibbs v. Carnival Cruise Lines, 314 F.3d 125, 129, 132 (3d Cir.2002) (where child burned the soles of his feet on a hot ship’s deck, mariti... | 3,503,521 | a |
Interpreting this constitutional provision, "[t]his court has held that two statutes, OCGA SSSS 40-13-30 and 17-4-23 (a), . . . authorize [county] police officers to arrest persons for traffic offenses in other jurisdictions. [Cits.]" | {
"signal": "see",
"identifier": "242 Ga. App. 384, 386",
"parenthetical": "\"An officer has authority to arrest a person accused of violating any law or ordinance governing the operation of a vehicle where the offense is committed in his presence regardless of territorial limitations.\"",
"sentence": "State v.... | {
"signal": "no signal",
"identifier": "252 Ga. App. 89, 90",
"parenthetical": "Cobb County police officer could pull over defendant in the city limits of Kennesaw for traffic violation committed in Kennesaw",
"sentence": "State v. Heredia, 252 Ga. App. 89, 90 (1) (555 SE2d 91) (2001) (Cobb County police office... | 1,076,222 | b |
P 80. The view that we adopt today is shared by numerous other state and federal courts, as the failure of a defendant to demonstrate how an abstract question regarding the availability of sexually explicit materials relates to the material for which prosecution is being sought. | {
"signal": "see",
"identifier": null,
"parenthetical": "the absence of any connection between the willingness, the lack of willingness, or the indifference of a group to the sale of sexually explicit magazines of the showing of sexually explicit films and whether the particular sexual conduct involved in the cas... | {
"signal": "see also",
"identifier": "362 S.E.2d 800, 804",
"parenthetical": "evidence of survey responses following questions dealing primarily with public tolerance of sexually explicit materials in general, rather than with acceptance of the materials under scrutiny, was properly disallowed as being irrelevan... | 11,532,770 | a |
P 80. The view that we adopt today is shared by numerous other state and federal courts, as the failure of a defendant to demonstrate how an abstract question regarding the availability of sexually explicit materials relates to the material for which prosecution is being sought. | {
"signal": "see",
"identifier": null,
"parenthetical": "the absence of any connection between the willingness, the lack of willingness, or the indifference of a group to the sale of sexually explicit magazines of the showing of sexually explicit films and whether the particular sexual conduct involved in the cas... | {
"signal": "see also",
"identifier": "598 N.E.2d 1250, 1257",
"parenthetical": "\"On the issue of relevance, the poll must be relevant to a determination of both community standards in general and the community's acceptance of viewing the particular film in question.\" (emphasis supplied",
"sentence": "See Com... | 11,532,770 | a |
The basis for implied trusts -- indeed, their most evident difference from express trusts -- is the absence of any expressed words evincing the intent of the would-be settlor to create a trust for the would-be beneficiary. The existence of such words obviates a claim for a resulting trust (where the settlor designated ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding \"[t]he statute of frauds ... do[es] not apply to constructive trusts, which are implied by operation of law\"",
"sentence": "See Hertz, supra, 374 A.2d at 873 (holding that “the operative facts” of a constructive trust “can be proved by paro... | {
"signal": "see",
"identifier": "374 A.2d 873, 873",
"parenthetical": "holding that \"the operative facts\" of a constructive trust \"can be proved by parol\"",
"sentence": "See Hertz, supra, 374 A.2d at 873 (holding that “the operative facts” of a constructive trust “can be proved by parol”); see also Starzec... | 8,347,156 | b |
The basis for implied trusts -- indeed, their most evident difference from express trusts -- is the absence of any expressed words evincing the intent of the would-be settlor to create a trust for the would-be beneficiary. The existence of such words obviates a claim for a resulting trust (where the settlor designated ... | {
"signal": "see",
"identifier": "374 A.2d 873, 873",
"parenthetical": "holding that \"the operative facts\" of a constructive trust \"can be proved by parol\"",
"sentence": "See Hertz, supra, 374 A.2d at 873 (holding that “the operative facts” of a constructive trust “can be proved by parol”); see also Starzec... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding \"[t]he statute of frauds ... do[es] not apply to constructive trusts, which are implied by operation of law\"",
"sentence": "See Hertz, supra, 374 A.2d at 873 (holding that “the operative facts” of a constructive trust “can be proved by paro... | 8,347,156 | a |
Finally, if the defendant satisfies this burden of production, the plaintiff again has the burden of showing, through more than mere temporal proximity, that "more likely than not the employer's decision was motivated, at least in part, by an intent to retaliate against him." | {
"signal": "see",
"identifier": "375 F.3d 206, 221",
"parenthetical": "noting that the burden shifts back to the plaintiff to demonstrate by competent evidence that \"the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.\"",
"sentence": "El Sayed, 627... | {
"signal": "no signal",
"identifier": "627 F.3d 933, 933",
"parenthetical": "\"The temporal proximity of events may give rise to an inference of retaliation for the purposes of establishing a prima facie case of retaliation under Title VII, but without more, such temporal proximity is insufficient to satisfy app... | 3,582,340 | b |
First, the court in that case found that the evidence in dispute was "highly probative." Here, in contrast,' the government also offered testimony that Colon had admitted that he had a gun on the night in question. While the Face testimony does supply a motive for possession, motive is of little probative value when a ... | {
"signal": "see",
"identifier": "519 U.S. 172, 185",
"parenthetical": "the probative value of a piece of evidence should be evaluated in comparison to the probative value of \"evi-dentiary alternatives\"",
"sentence": "See Old Chief v. United States, 519 U.S. 172, 185, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997) (th... | {
"signal": "cf.",
"identifier": "205 F.3d 657, 667",
"parenthetical": "deciding against Rule 403 exclusion in part because alternative evidence was not equally probative with the evidence in dispute",
"sentence": "See Old Chief v. United States, 519 U.S. 172, 185, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997) (the pro... | 3,920,726 | a |
First, the court in that case found that the evidence in dispute was "highly probative." Here, in contrast,' the government also offered testimony that Colon had admitted that he had a gun on the night in question. While the Face testimony does supply a motive for possession, motive is of little probative value when a ... | {
"signal": "cf.",
"identifier": "205 F.3d 657, 667",
"parenthetical": "deciding against Rule 403 exclusion in part because alternative evidence was not equally probative with the evidence in dispute",
"sentence": "See Old Chief v. United States, 519 U.S. 172, 185, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997) (the pro... | {
"signal": "see",
"identifier": null,
"parenthetical": "the probative value of a piece of evidence should be evaluated in comparison to the probative value of \"evi-dentiary alternatives\"",
"sentence": "See Old Chief v. United States, 519 U.S. 172, 185, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997) (the probative val... | 3,920,726 | b |
First, the court in that case found that the evidence in dispute was "highly probative." Here, in contrast,' the government also offered testimony that Colon had admitted that he had a gun on the night in question. While the Face testimony does supply a motive for possession, motive is of little probative value when a ... | {
"signal": "see",
"identifier": null,
"parenthetical": "the probative value of a piece of evidence should be evaluated in comparison to the probative value of \"evi-dentiary alternatives\"",
"sentence": "See Old Chief v. United States, 519 U.S. 172, 185, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997) (the probative val... | {
"signal": "cf.",
"identifier": "205 F.3d 657, 667",
"parenthetical": "deciding against Rule 403 exclusion in part because alternative evidence was not equally probative with the evidence in dispute",
"sentence": "See Old Chief v. United States, 519 U.S. 172, 185, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997) (the pro... | 3,920,726 | a |
Unlike the doctrine of implied contract, which provides for restitution in the absence of an enforceable agreement, promissory estoppel makes promises enforceable. Essentially, the doctrine of promissory estoppel, like consideration, serves as a contract-validating device. | {
"signal": "see also",
"identifier": "294 Pa.Super. 503, 512",
"parenthetical": "noting that promissory estop-pel has been characterized as a species of or a substitute for consideration",
"sentence": "Murray, supra, at 286. See Thatcher’s Drug Store of West Goshen, Inc. v. Consolidated Supermarkets, Inc., 535... | {
"signal": "no signal",
"identifier": "535 Pa. 469, 476",
"parenthetical": "noting that a promise unsupported by consideration is generally not enforceable, but may be enforceable under promissory estoppel",
"sentence": "Murray, supra, at 286. See Thatcher’s Drug Store of West Goshen, Inc. v. Consolidated Supe... | 11,882,292 | b |
Unlike the doctrine of implied contract, which provides for restitution in the absence of an enforceable agreement, promissory estoppel makes promises enforceable. Essentially, the doctrine of promissory estoppel, like consideration, serves as a contract-validating device. | {
"signal": "see also",
"identifier": "440 A.2d 579, 583",
"parenthetical": "noting that promissory estop-pel has been characterized as a species of or a substitute for consideration",
"sentence": "Murray, supra, at 286. See Thatcher’s Drug Store of West Goshen, Inc. v. Consolidated Supermarkets, Inc., 535 Pa. ... | {
"signal": "no signal",
"identifier": "535 Pa. 469, 476",
"parenthetical": "noting that a promise unsupported by consideration is generally not enforceable, but may be enforceable under promissory estoppel",
"sentence": "Murray, supra, at 286. See Thatcher’s Drug Store of West Goshen, Inc. v. Consolidated Supe... | 11,882,292 | b |
Unlike the doctrine of implied contract, which provides for restitution in the absence of an enforceable agreement, promissory estoppel makes promises enforceable. Essentially, the doctrine of promissory estoppel, like consideration, serves as a contract-validating device. | {
"signal": "no signal",
"identifier": "636 A.2d 156, 160",
"parenthetical": "noting that a promise unsupported by consideration is generally not enforceable, but may be enforceable under promissory estoppel",
"sentence": "Murray, supra, at 286. See Thatcher’s Drug Store of West Goshen, Inc. v. Consolidated Sup... | {
"signal": "see also",
"identifier": "294 Pa.Super. 503, 512",
"parenthetical": "noting that promissory estop-pel has been characterized as a species of or a substitute for consideration",
"sentence": "Murray, supra, at 286. See Thatcher’s Drug Store of West Goshen, Inc. v. Consolidated Supermarkets, Inc., 535... | 11,882,292 | a |
Unlike the doctrine of implied contract, which provides for restitution in the absence of an enforceable agreement, promissory estoppel makes promises enforceable. Essentially, the doctrine of promissory estoppel, like consideration, serves as a contract-validating device. | {
"signal": "no signal",
"identifier": "636 A.2d 156, 160",
"parenthetical": "noting that a promise unsupported by consideration is generally not enforceable, but may be enforceable under promissory estoppel",
"sentence": "Murray, supra, at 286. See Thatcher’s Drug Store of West Goshen, Inc. v. Consolidated Sup... | {
"signal": "see also",
"identifier": "440 A.2d 579, 583",
"parenthetical": "noting that promissory estop-pel has been characterized as a species of or a substitute for consideration",
"sentence": "Murray, supra, at 286. See Thatcher’s Drug Store of West Goshen, Inc. v. Consolidated Supermarkets, Inc., 535 Pa. ... | 11,882,292 | a |
. In summarizing these facts relating to costs and attorney's fees, the undersigned uses the affidavits and documents that were submitted with Plaintiffs motion for default judgment. | {
"signal": "see also",
"identifier": "873 F.2d 38, 40",
"parenthetical": "holding that court did not have to hold a hearing to determine attorney's fees where detailed affidavit was provided",
"sentence": "See S.E.C. v. Smyth, 420 F.3d 1225, 1232 n. 13 (11th Cir.2005) (noting that a hearing on damages is unnec... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that a hearing on damages is unnecessary where essential evidence is in the record",
"sentence": "See S.E.C. v. Smyth, 420 F.3d 1225, 1232 n. 13 (11th Cir.2005) (noting that a hearing on damages is unnecessary where essential evidence is in the rec... | 4,196,193 | b |
The weight of authority runs contrary to petitioner's claim that a rule of "harmful per se" should be applied to Miranda violations. Although the Supreme Court has never ruled definitively on this specific issue, petitioner has provided no compelling reason to treat testimony admitted despite the lack of an adequate wa... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "harmless error rule applied to prosecutor's comments at trial on defendant's post-arrest silence",
"sentence": "See also United States v. Ramirez, 710 F.2d 535 (9th Cir.1983); United States v. Espinosa-Orlando, 710 F.2d 535 (9th Cir.1983); United States v... | {
"signal": "see",
"identifier": null,
"parenthetical": "harmless error rule applied to prosecutor's comments and judge's instruction to jury concerning defendant's failure to testify",
"sentence": "See, e.g., Milton v. Wainwright, 407 U.S. 371, 92 S.Ct. 2174, 33 L.Ed.2d 1 (1972) (admission of statements elicit... | 3,720,206 | b |
The weight of authority runs contrary to petitioner's claim that a rule of "harmful per se" should be applied to Miranda violations. Although the Supreme Court has never ruled definitively on this specific issue, petitioner has provided no compelling reason to treat testimony admitted despite the lack of an adequate wa... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "harmless error rule applied to prosecutor's comments at trial on defendant's post-arrest silence",
"sentence": "See also United States v. Ramirez, 710 F.2d 535 (9th Cir.1983); United States v. Espinosa-Orlando, 710 F.2d 535 (9th Cir.1983); United States v... | {
"signal": "see",
"identifier": null,
"parenthetical": "harmless error rule applied to prosecutor's comments and judge's instruction to jury concerning defendant's failure to testify",
"sentence": "See, e.g., Milton v. Wainwright, 407 U.S. 371, 92 S.Ct. 2174, 33 L.Ed.2d 1 (1972) (admission of statements elicit... | 3,720,206 | b |
The weight of authority runs contrary to petitioner's claim that a rule of "harmful per se" should be applied to Miranda violations. Although the Supreme Court has never ruled definitively on this specific issue, petitioner has provided no compelling reason to treat testimony admitted despite the lack of an adequate wa... | {
"signal": "see",
"identifier": null,
"parenthetical": "harmless error rule applied to prosecutor's comments and judge's instruction to jury concerning defendant's failure to testify",
"sentence": "See, e.g., Milton v. Wainwright, 407 U.S. 371, 92 S.Ct. 2174, 33 L.Ed.2d 1 (1972) (admission of statements elicit... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "harmless error rule applied to prosecutor's comments at trial on defendant's post-arrest silence",
"sentence": "See also United States v. Ramirez, 710 F.2d 535 (9th Cir.1983); United States v. Espinosa-Orlando, 710 F.2d 535 (9th Cir.1983); United States v... | 3,720,206 | a |
"If the trial court's decision was within the range of legally correct discretionary choices and produced a permissible, legally correct outcome, then the trial court did not abuse its discretion." Where, however, a trial court's purported exercise of discretion flows from a mistaken legal premise, its decision does no... | {
"signal": "see also",
"identifier": "226 Or App 285, 289",
"parenthetical": "holding that, under Mayfield, the exercise of discretion based on a mistaken premise of law can be a failure to properly exercise discretion",
"sentence": "See State v. Mayfield, 302 Or 631, 645, 733 P2d 438 (1987) (explaining that, ... | {
"signal": "see",
"identifier": "302 Or 631, 645",
"parenthetical": "explaining that, in some circumstances, a trial court can err if it \"fails to exercise discretion, refuses to exercise discretion[,] or fails to make a record which reflects an exercise of discretion\"",
"sentence": "See State v. Mayfield, 3... | 4,205,985 | b |
By analogy, many courts have adopted intermediate scrutiny when evaluating restrictions on gun possession by particular people or in particular places. In Laurent, for example, the court considered a Second Amendment challenge to a ban on receipt of fire arms by a person who is under indictment for a crime punishable b... | {
"signal": "but see",
"identifier": "609 F. Supp. 2d 1227, 1231-32",
"parenthetical": "applying strict scrutiny to a statute banning persons convicted of misdemeanor domestic violence from possessing firearms",
"sentence": "But see United States v. Engstrum, 609 F. Supp. 2d 1227, 1231-32 (D. Utah 2009) (applyi... | {
"signal": "no signal",
"identifier": "627 F.3d 801, 801, 802",
"parenthetical": "considering under intermediate scrutiny a law prohibiting possession of a firearm by a person subject to a domestic protection order",
"sentence": "Id.', see also Reese, 627 F.3d at 801, 802 (considering under intermediate scruti... | 4,033,677 | b |
By analogy, many courts have adopted intermediate scrutiny when evaluating restrictions on gun possession by particular people or in particular places. In Laurent, for example, the court considered a Second Amendment challenge to a ban on receipt of fire arms by a person who is under indictment for a crime punishable b... | {
"signal": "but see",
"identifier": "681 F.3d 1041, 1044-45",
"parenthetical": "declining to determine what type of heighted scrutiny applies to laws that substantially burden Second Amendment rights",
"sentence": "But see United States v. Engstrum, 609 F. Supp. 2d 1227, 1231-32 (D. Utah 2009) (applying strict... | {
"signal": "no signal",
"identifier": "627 F.3d 801, 801, 802",
"parenthetical": "considering under intermediate scrutiny a law prohibiting possession of a firearm by a person subject to a domestic protection order",
"sentence": "Id.', see also Reese, 627 F.3d at 801, 802 (considering under intermediate scruti... | 4,033,677 | b |
By analogy, many courts have adopted intermediate scrutiny when evaluating restrictions on gun possession by particular people or in particular places. In Laurent, for example, the court considered a Second Amendment challenge to a ban on receipt of fire arms by a person who is under indictment for a crime punishable b... | {
"signal": "no signal",
"identifier": "627 F.3d 801, 801, 802",
"parenthetical": "considering under intermediate scrutiny a law prohibiting possession of a firearm by a person subject to a domestic protection order",
"sentence": "Id.', see also Reese, 627 F.3d at 801, 802 (considering under intermediate scruti... | {
"signal": "but see",
"identifier": "614 F.3d 638, 641-42",
"parenthetical": "rejecting rational basis as the appropriate standard but otherwise avoiding \"the levels of scrutiny' quagmire\"",
"sentence": "But see United States v. Engstrum, 609 F. Supp. 2d 1227, 1231-32 (D. Utah 2009) (applying strict scrutiny... | 4,033,677 | a |
By analogy, many courts have adopted intermediate scrutiny when evaluating restrictions on gun possession by particular people or in particular places. In Laurent, for example, the court considered a Second Amendment challenge to a ban on receipt of fire arms by a person who is under indictment for a crime punishable b... | {
"signal": "but see",
"identifier": "609 F. Supp. 2d 1227, 1231-32",
"parenthetical": "applying strict scrutiny to a statute banning persons convicted of misdemeanor domestic violence from possessing firearms",
"sentence": "But see United States v. Engstrum, 609 F. Supp. 2d 1227, 1231-32 (D. Utah 2009) (applyi... | {
"signal": "no signal",
"identifier": "638 F.3d 458, 471",
"parenthetical": "reviewing under intermediate scrutiny a former federal regulation that prohibited carrying or possessing a loaded weapon in a motor vehicle within national park areas",
"sentence": "Id.', see also Reese, 627 F.3d at 801, 802 (consider... | 4,033,677 | b |
By analogy, many courts have adopted intermediate scrutiny when evaluating restrictions on gun possession by particular people or in particular places. In Laurent, for example, the court considered a Second Amendment challenge to a ban on receipt of fire arms by a person who is under indictment for a crime punishable b... | {
"signal": "no signal",
"identifier": "638 F.3d 458, 471",
"parenthetical": "reviewing under intermediate scrutiny a former federal regulation that prohibited carrying or possessing a loaded weapon in a motor vehicle within national park areas",
"sentence": "Id.', see also Reese, 627 F.3d at 801, 802 (consider... | {
"signal": "but see",
"identifier": "681 F.3d 1041, 1044-45",
"parenthetical": "declining to determine what type of heighted scrutiny applies to laws that substantially burden Second Amendment rights",
"sentence": "But see United States v. Engstrum, 609 F. Supp. 2d 1227, 1231-32 (D. Utah 2009) (applying strict... | 4,033,677 | a |
By analogy, many courts have adopted intermediate scrutiny when evaluating restrictions on gun possession by particular people or in particular places. In Laurent, for example, the court considered a Second Amendment challenge to a ban on receipt of fire arms by a person who is under indictment for a crime punishable b... | {
"signal": "no signal",
"identifier": "638 F.3d 458, 471",
"parenthetical": "reviewing under intermediate scrutiny a former federal regulation that prohibited carrying or possessing a loaded weapon in a motor vehicle within national park areas",
"sentence": "Id.', see also Reese, 627 F.3d at 801, 802 (consider... | {
"signal": "but see",
"identifier": "614 F.3d 638, 641-42",
"parenthetical": "rejecting rational basis as the appropriate standard but otherwise avoiding \"the levels of scrutiny' quagmire\"",
"sentence": "But see United States v. Engstrum, 609 F. Supp. 2d 1227, 1231-32 (D. Utah 2009) (applying strict scrutiny... | 4,033,677 | a |
Danoff contends that the IRS should be equitably estopped from denying his refund claim because a IRS agents told him during a telephone inquiry that he had four years to file his tax return. Section 6511, however, is not subject to equitable exceptions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[I]f a time limit is jurisdictional, it is not subject to the defenses of waiver, equitable tolling or equitable estoppel, although there may still be exceptions based on 'unique circumstances' \"",
"sentence": "See United States v. Brockamp, 519 U... | {
"signal": "see",
"identifier": "519 U.S. 347, 354",
"parenthetical": "\"Congress did not intend courts to read other unmentioned, open-ended, 'equitable' exceptions into the statute that it wrote.\"",
"sentence": "See United States v. Brockamp, 519 U.S. 347, 354, 117 S.Ct. 849, 136 L.Ed.2d 818 (1997), (“Congr... | 1,151,276 | b |
Danoff contends that the IRS should be equitably estopped from denying his refund claim because a IRS agents told him during a telephone inquiry that he had four years to file his tax return. Section 6511, however, is not subject to equitable exceptions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[I]f a time limit is jurisdictional, it is not subject to the defenses of waiver, equitable tolling or equitable estoppel, although there may still be exceptions based on 'unique circumstances' \"",
"sentence": "See United States v. Brockamp, 519 U... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Congress did not intend courts to read other unmentioned, open-ended, 'equitable' exceptions into the statute that it wrote.\"",
"sentence": "See United States v. Brockamp, 519 U.S. 347, 354, 117 S.Ct. 849, 136 L.Ed.2d 818 (1997), (“Congress did not int... | 1,151,276 | b |
Danoff contends that the IRS should be equitably estopped from denying his refund claim because a IRS agents told him during a telephone inquiry that he had four years to file his tax return. Section 6511, however, is not subject to equitable exceptions. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Congress did not intend courts to read other unmentioned, open-ended, 'equitable' exceptions into the statute that it wrote.\"",
"sentence": "See United States v. Brockamp, 519 U.S. 347, 354, 117 S.Ct. 849, 136 L.Ed.2d 818 (1997), (“Congress did not int... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[I]f a time limit is jurisdictional, it is not subject to the defenses of waiver, equitable tolling or equitable estoppel, although there may still be exceptions based on 'unique circumstances' \"",
"sentence": "See United States v. Brockamp, 519 U... | 1,151,276 | a |
A federal district court "can only conduct a 'de novo review' of those [SOX whistleblower] claims that have been administratively exhausted." | {
"signal": "no signal",
"identifier": "2004 WL 1774575, *6",
"parenthetical": "holding that plaintiffs failure to raise a claim in an administrative complaint with OSHA precluded pursuing that claim in district court",
"sentence": "Willis v. Vie Fin. Grp., No. 04-435, 2004 WL 1774575, *6 (E.D.Pa. Aug. 6, 2004)... | {
"signal": "see also",
"identifier": "348 F.Supp.2d 1322, 1324, 1329",
"parenthetical": "under the \"de novo review\" provided by SOX, \"district courts are able to consider the merits of a plaintiffs whistle-blower [administrative] complaint as if it had not been decided previously\"",
"sentence": "Willis v. ... | 4,182,834 | a |
A federal district court "can only conduct a 'de novo review' of those [SOX whistleblower] claims that have been administratively exhausted." | {
"signal": "see also",
"identifier": "279 F.Supp.2d 799, 802",
"parenthetical": "stating that district court lacks subject matter jurisdiction over Section 806 claim if plaintiff has failed to comply with administrative procedures",
"sentence": "Willis v. Vie Fin. Grp., No. 04-435, 2004 WL 1774575, *6 (E.D.Pa.... | {
"signal": "no signal",
"identifier": "2004 WL 1774575, *6",
"parenthetical": "holding that plaintiffs failure to raise a claim in an administrative complaint with OSHA precluded pursuing that claim in district court",
"sentence": "Willis v. Vie Fin. Grp., No. 04-435, 2004 WL 1774575, *6 (E.D.Pa. Aug. 6, 2004)... | 4,182,834 | b |
Mr. Stevens moved to Maine on January 17, 2007. He does not, therefore, argue that SORNA cannot apply to him because he traveled before SOR-NA's effective date. | {
"signal": "but see",
"identifier": "551 F.3d 578, 583",
"parenthetical": "stating that \"applying the Act to persons who crossed state lines before its enactment does not violate [the Ex Post Facto ] clause\"",
"sentence": "See United States v. May, 535 F.3d 912, 920 (8th Cir.2008) (requiring that a sex offen... | {
"signal": "see",
"identifier": "535 F.3d 912, 920",
"parenthetical": "requiring that a sex offender's interstate travel occur after SORNA's effective date",
"sentence": "See United States v. May, 535 F.3d 912, 920 (8th Cir.2008) (requiring that a sex offender’s interstate travel occur after SORNA’s effective ... | 3,348,583 | b |
The Former Wife raises several arguments regarding the propriety of the trial court's award of attorney's fees and costs. We dismiss for lack of jurisdiction her challenge to the award because, not only is the amended final judgment ambiguous regarding entitlement, the trial court reserved jurisdiction to determine the... | {
"signal": "see",
"identifier": "644 So.2d 612, 612",
"parenthetical": "holding that an order that determines only the right to attorney's fees without setting the amount is a nonap-pealable, nonfinal order",
"sentence": "See McIlveen v. McIlveen, 644 So.2d 612, 612 (Fla. 2d DCA 1994) (holding that an order th... | {
"signal": "see also",
"identifier": "28 So.3d 993, 993-94",
"parenthetical": "affirming the amended final judgment of dissolution of marriage but dismissing as premature the trial court's ruling only determining entitlement to fees because the issue was \"not ripe for appeal\" until the trial court determined t... | 6,998,139 | a |
In effect, the certification is doubly removed from a right of confrontation. It constitutes a nontestimonial authentication of records of nontestimonial information. | {
"signal": "see also",
"identifier": "459 Mass. 775, 784",
"parenthetical": "record certifying the working condition of police breathalyzer machinery \"rather than reflecting 'judgment and discretion' or 'expressions of opinion' of . . . [a] technician, merely signifies that the . . . procedures prescribed by re... | {
"signal": "see",
"identifier": "460 F.3d 920, 927",
"parenthetical": "\"[gjiven [that hospital] records themselves do not fall within the constitutional guarantee provided by the Confrontation Clause, it would be odd to hold that the foundational evidence authenticating the [hospital] records do[es]\"",
"sent... | 3,842,123 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": "988 F.2d 1494, 1501",
"parenthetical": "holding that plea to multi-defendant conspiracy charge bars defendant from denying his involvement from the date of commencement of the conspiracy alleged in the indictment",
"sentence": "Compare United States v. Tolson, 988 F.2d 14... | {
"signal": "see also",
"identifier": "874 F.2d 174, 177-78",
"parenthetical": "holding that where indictment and plea agreement specified value of packages taken, entry of guilty plea conclusively established value for purposes of sentencing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "cf.",
"identifier": "33 F.3d 415, 419",
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993)... | {
"signal": "no signal",
"identifier": "988 F.2d 1494, 1501",
"parenthetical": "holding that plea to multi-defendant conspiracy charge bars defendant from denying his involvement from the date of commencement of the conspiracy alleged in the indictment",
"sentence": "Compare United States v. Tolson, 988 F.2d 14... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | {
"signal": "no signal",
"identifier": "988 F.2d 1494, 1501",
"parenthetical": "holding that plea to multi-defendant conspiracy charge bars defendant from denying his involvement from the date of commencement of the conspiracy alleged in the indictment",
"sentence": "Compare United States v. Tolson, 988 F.2d 14... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | {
"signal": "no signal",
"identifier": "988 F.2d 1494, 1501",
"parenthetical": "holding that plea to multi-defendant conspiracy charge bars defendant from denying his involvement from the date of commencement of the conspiracy alleged in the indictment",
"sentence": "Compare United States v. Tolson, 988 F.2d 14... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | {
"signal": "no signal",
"identifier": "988 F.2d 1494, 1501",
"parenthetical": "holding that plea to multi-defendant conspiracy charge bars defendant from denying his involvement from the date of commencement of the conspiracy alleged in the indictment",
"sentence": "Compare United States v. Tolson, 988 F.2d 14... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": "988 F.2d 1494, 1501",
"parenthetical": "holding that plea to multi-defendant conspiracy charge bars defendant from denying his involvement from the date of commencement of the conspiracy alleged in the indictment",
"sentence": "Compare United States v. Tolson, 988 F.2d 14... | {
"signal": "see",
"identifier": "36 F.3d 1047, 1049",
"parenthetical": "defendant who pled guilty to possession of AK-47 and Uzi in course of drug crime-in violation of 924(c",
"sentence": "See, e.g., United States v. Taffe, 36 F.3d 1047, 1049 (11th Cir.1994) (defendant who pled guilty to possession of AK-47 a... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": "988 F.2d 1494, 1501",
"parenthetical": "holding that plea to multi-defendant conspiracy charge bars defendant from denying his involvement from the date of commencement of the conspiracy alleged in the indictment",
"sentence": "Compare United States v. Tolson, 988 F.2d 14... | {
"signal": "see",
"identifier": "888 F.2d 1255, 1256",
"parenthetical": "defendant who pled guilty to indictment alleging conspiracy to distribute cocaine, LSD, and mushrooms could not later assert that he only knew about cocaine",
"sentence": "See, e.g., United States v. Taffe, 36 F.3d 1047, 1049 (11th Cir.19... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "see also",
"identifier": "874 F.2d 174, 177-78",
"parenthetical": "holding that where indictment and plea agreement specified value of packages taken, entry of guilty plea conclusively established value for purposes of sentencing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | {
"signal": "cf.",
"identifier": "33 F.3d 415, 419",
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993)... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "see",
"identifier": "36 F.3d 1047, 1049",
"parenthetical": "defendant who pled guilty to possession of AK-47 and Uzi in course of drug crime-in violation of 924(c",
"sentence": "See, e.g., United States v. Taffe, 36 F.3d 1047, 1049 (11th Cir.1994) (defendant who pled guilty to possession of AK-47 a... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | {
"signal": "see",
"identifier": "888 F.2d 1255, 1256",
"parenthetical": "defendant who pled guilty to indictment alleging conspiracy to distribute cocaine, LSD, and mushrooms could not later assert that he only knew about cocaine",
"sentence": "See, e.g., United States v. Taffe, 36 F.3d 1047, 1049 (11th Cir.19... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "see also",
"identifier": "874 F.2d 174, 177-78",
"parenthetical": "holding that where indictment and plea agreement specified value of packages taken, entry of guilty plea conclusively established value for purposes of sentencing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | {
"signal": "cf.",
"identifier": "33 F.3d 415, 419",
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993)... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "see",
"identifier": "36 F.3d 1047, 1049",
"parenthetical": "defendant who pled guilty to possession of AK-47 and Uzi in course of drug crime-in violation of 924(c",
"sentence": "See, e.g., United States v. Taffe, 36 F.3d 1047, 1049 (11th Cir.1994) (defendant who pled guilty to possession of AK-47 a... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea",
"sentence": "Com... | {
"signal": "see",
"identifier": "888 F.2d 1255, 1256",
"parenthetical": "defendant who pled guilty to indictment alleging conspiracy to distribute cocaine, LSD, and mushrooms could not later assert that he only knew about cocaine",
"sentence": "See, e.g., United States v. Taffe, 36 F.3d 1047, 1049 (11th Cir.19... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "cf.",
"identifier": "33 F.3d 415, 419",
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993)... | {
"signal": "see also",
"identifier": "874 F.2d 174, 177-78",
"parenthetical": "holding that where indictment and plea agreement specified value of packages taken, entry of guilty plea conclusively established value for purposes of sentencing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (... | 285,175 | b |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "see also",
"identifier": "874 F.2d 174, 177-78",
"parenthetical": "holding that where indictment and plea agreement specified value of packages taken, entry of guilty plea conclusively established value for purposes of sentencing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "see also",
"identifier": "874 F.2d 174, 177-78",
"parenthetical": "holding that where indictment and plea agreement specified value of packages taken, entry of guilty plea conclusively established value for purposes of sentencing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | 285,175 | a |
We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense. | {
"signal": "see also",
"identifier": "874 F.2d 174, 177-78",
"parenthetical": "holding that where indictment and plea agreement specified value of packages taken, entry of guilty plea conclusively established value for purposes of sentencing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing",
"sentence": "Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that... | 285,175 | a |
Because the carpenter was white, the entries were relevant to establish Griffin's culpable mental state and to rebut her assertion that she had acted accidentally or in reasonable self-defense. This theory of relevance does not depend on the inference that Griffin acted in conformity with her bad character generally. | {
"signal": "see",
"identifier": "58 P.3d 998, 998-1000",
"parenthetical": "writings and drawings evidencing a hatred of women were proper evidence of motive",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a hatred of women were proper evidence of motive); People v. Cousins, 18... | {
"signal": "see also",
"identifier": "513 A.2d 862, 864-65",
"parenthetical": "recording of the defendant's belief in Satanism was relevant to show motive, which was probative of identity and intent in a prosecution for murder",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a ... | 6,994,095 | a |
Because the carpenter was white, the entries were relevant to establish Griffin's culpable mental state and to rebut her assertion that she had acted accidentally or in reasonable self-defense. This theory of relevance does not depend on the inference that Griffin acted in conformity with her bad character generally. | {
"signal": "see also",
"identifier": "513 A.2d 862, 864-65",
"parenthetical": "recording of the defendant's belief in Satanism was relevant to show motive, which was probative of identity and intent in a prosecution for murder",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a ... | {
"signal": "see",
"identifier": "181 P.3d 365, 372-73",
"parenthetical": "other act evidence was admissible to show motive by demonstrating the defendant's antipathy toward women",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a hatred of women were proper evidence of motive);... | 6,994,095 | b |
Because the carpenter was white, the entries were relevant to establish Griffin's culpable mental state and to rebut her assertion that she had acted accidentally or in reasonable self-defense. This theory of relevance does not depend on the inference that Griffin acted in conformity with her bad character generally. | {
"signal": "see",
"identifier": null,
"parenthetical": "writings evidencing extreme dislike of religion were admissible to prove the defendant's mental state in murdering his religious ex-wife",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a hatred of women were proper eviden... | {
"signal": "see also",
"identifier": "513 A.2d 862, 864-65",
"parenthetical": "recording of the defendant's belief in Satanism was relevant to show motive, which was probative of identity and intent in a prosecution for murder",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a ... | 6,994,095 | a |
Because the carpenter was white, the entries were relevant to establish Griffin's culpable mental state and to rebut her assertion that she had acted accidentally or in reasonable self-defense. This theory of relevance does not depend on the inference that Griffin acted in conformity with her bad character generally. | {
"signal": "see",
"identifier": null,
"parenthetical": "writings evidencing extreme dislike of religion were admissible to prove the defendant's mental state in murdering his religious ex-wife",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a hatred of women were proper eviden... | {
"signal": "see also",
"identifier": "513 A.2d 862, 864-65",
"parenthetical": "recording of the defendant's belief in Satanism was relevant to show motive, which was probative of identity and intent in a prosecution for murder",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a ... | 6,994,095 | a |
Because the carpenter was white, the entries were relevant to establish Griffin's culpable mental state and to rebut her assertion that she had acted accidentally or in reasonable self-defense. This theory of relevance does not depend on the inference that Griffin acted in conformity with her bad character generally. | {
"signal": "see also",
"identifier": "513 A.2d 862, 864-65",
"parenthetical": "recording of the defendant's belief in Satanism was relevant to show motive, which was probative of identity and intent in a prosecution for murder",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a ... | {
"signal": "see",
"identifier": "817 P.2d 893, 906-07",
"parenthetical": "writings evidencing extreme dislike of religion were admissible to prove the defendant's mental state in murdering his religious ex-wife",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a hatred of women ... | 6,994,095 | b |
Because the carpenter was white, the entries were relevant to establish Griffin's culpable mental state and to rebut her assertion that she had acted accidentally or in reasonable self-defense. This theory of relevance does not depend on the inference that Griffin acted in conformity with her bad character generally. | {
"signal": "see also",
"identifier": "513 A.2d 862, 864-65",
"parenthetical": "recording of the defendant's belief in Satanism was relevant to show motive, which was probative of identity and intent in a prosecution for murder",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a ... | {
"signal": "see",
"identifier": null,
"parenthetical": "written evidence of racial animus was \"powerful evidence of a motive which helps to explain an otherwise inexplicable act of random violence\" and \"tends to cast doubt on the credibility of defendant's self-serving statement that [the victim] initiated th... | 6,994,095 | b |
Because the carpenter was white, the entries were relevant to establish Griffin's culpable mental state and to rebut her assertion that she had acted accidentally or in reasonable self-defense. This theory of relevance does not depend on the inference that Griffin acted in conformity with her bad character generally. | {
"signal": "see",
"identifier": "649 A.2d 879, 882",
"parenthetical": "written evidence of racial animus was \"powerful evidence of a motive which helps to explain an otherwise inexplicable act of random violence\" and \"tends to cast doubt on the credibility of defendant's self-serving statement that [the victi... | {
"signal": "see also",
"identifier": "513 A.2d 862, 864-65",
"parenthetical": "recording of the defendant's belief in Satanism was relevant to show motive, which was probative of identity and intent in a prosecution for murder",
"sentence": "See Masters, 58 P.3d at 998-1000 (writings and drawings evidencing a ... | 6,994,095 | a |
. Nor does Adler's allegation of political motivation create a judicial estoppel that bars him from asserting that his wife's law suit was the sole motivation for his discharge. In this Circuit, judicial estoppel applies only when a tribunal in a prior separate proceeding has relied on a party's inconsistent factual re... | {
"signal": "see also",
"identifier": "84 F.3d 622, 628",
"parenthetical": "applying judicial es-toppel analysis to position taken in New York State Supreme Court proceeding",
"sentence": "See Simon v. Safelite Glass Corp., 128 F.3d 68, 71-72 (2d Cir.1997) (applying judicial estop-pel to employment discriminati... | {
"signal": "see",
"identifier": "128 F.3d 68, 71-72",
"parenthetical": "applying judicial estop-pel to employment discrimination claim based on position taken in prior Social Security Administration disability adjudication",
"sentence": "See Simon v. Safelite Glass Corp., 128 F.3d 68, 71-72 (2d Cir.1997) (appl... | 11,583,073 | b |
Further, casinos by nature attract many customers even when their GTR is less than $500 million. As a result, a single casino is likely to generate significant local effects such as increased vehicular traffic, the presence of a large number of patrons, and the concomitant potential for substantial consumption of munic... | {
"signal": "cf.",
"identifier": "507 Pa. 317, 322",
"parenthetical": "describing differences in us age of municipal services as a \"significant\" factor for tax classification purposes",
"sentence": "See Shelly Funeral Home, 618 Pa. at 476, 57 A.3d at 1140 (observing that “businesses with high gross receipts t... | {
"signal": "see",
"identifier": "618 Pa. 476, 476",
"parenthetical": "observing that \"businesses with high gross receipts tend to be larger and more likely than small ones to consume municipal resources\"",
"sentence": "See Shelly Funeral Home, 618 Pa. at 476, 57 A.3d at 1140 (observing that “businesses with ... | 12,315,645 | b |
Further, casinos by nature attract many customers even when their GTR is less than $500 million. As a result, a single casino is likely to generate significant local effects such as increased vehicular traffic, the presence of a large number of patrons, and the concomitant potential for substantial consumption of munic... | {
"signal": "see",
"identifier": "618 Pa. 476, 476",
"parenthetical": "observing that \"businesses with high gross receipts tend to be larger and more likely than small ones to consume municipal resources\"",
"sentence": "See Shelly Funeral Home, 618 Pa. at 476, 57 A.3d at 1140 (observing that “businesses with ... | {
"signal": "cf.",
"identifier": "489 A.2d 1349, 1352",
"parenthetical": "describing differences in us age of municipal services as a \"significant\" factor for tax classification purposes",
"sentence": "See Shelly Funeral Home, 618 Pa. at 476, 57 A.3d at 1140 (observing that “businesses with high gross receipt... | 12,315,645 | a |
Further, casinos by nature attract many customers even when their GTR is less than $500 million. As a result, a single casino is likely to generate significant local effects such as increased vehicular traffic, the presence of a large number of patrons, and the concomitant potential for substantial consumption of munic... | {
"signal": "see",
"identifier": "57 A.3d 1140, 1140",
"parenthetical": "observing that \"businesses with high gross receipts tend to be larger and more likely than small ones to consume municipal resources\"",
"sentence": "See Shelly Funeral Home, 618 Pa. at 476, 57 A.3d at 1140 (observing that “businesses wit... | {
"signal": "cf.",
"identifier": "507 Pa. 317, 322",
"parenthetical": "describing differences in us age of municipal services as a \"significant\" factor for tax classification purposes",
"sentence": "See Shelly Funeral Home, 618 Pa. at 476, 57 A.3d at 1140 (observing that “businesses with high gross receipts t... | 12,315,645 | a |
Further, casinos by nature attract many customers even when their GTR is less than $500 million. As a result, a single casino is likely to generate significant local effects such as increased vehicular traffic, the presence of a large number of patrons, and the concomitant potential for substantial consumption of munic... | {
"signal": "cf.",
"identifier": "489 A.2d 1349, 1352",
"parenthetical": "describing differences in us age of municipal services as a \"significant\" factor for tax classification purposes",
"sentence": "See Shelly Funeral Home, 618 Pa. at 476, 57 A.3d at 1140 (observing that “businesses with high gross receipt... | {
"signal": "see",
"identifier": "57 A.3d 1140, 1140",
"parenthetical": "observing that \"businesses with high gross receipts tend to be larger and more likely than small ones to consume municipal resources\"",
"sentence": "See Shelly Funeral Home, 618 Pa. at 476, 57 A.3d at 1140 (observing that “businesses wit... | 12,315,645 | b |
This Court has consistently rejected determinations by Commerce that include the costs related to the purchase and resale of traded goods in the denominator of the SG&A ratio when Commerce could not show how expenses related to these goods affected production of the subject merchandise. | {
"signal": "see",
"identifier": "185 F. Supp. 2d 1357, 1357",
"parenthetical": "granting Commerce's request for a voluntary remand to remove expenses related to traded goods from the denominator for the calculation of the overhead ratio",
"sentence": "See, e.g., Rhodia, 185 F. Supp. 2d at 1357 (granting Commer... | {
"signal": "see also",
"identifier": "59 F. Supp. 2d 1379, 1379",
"parenthetical": "remanding to Commerce to exclude purchases of traded goods from SG&A, since it \"failed to demonstrate how these already manufactured goods constitute a material cost incurred in manufacturing the subject merchandise.\"",
"sent... | 8,363,709 | a |
This Court has consistently rejected determinations by Commerce that include the costs related to the purchase and resale of traded goods in the denominator of the SG&A ratio when Commerce could not show how expenses related to these goods affected production of the subject merchandise. | {
"signal": "see",
"identifier": "185 F. Supp. 2d 1357, 1357",
"parenthetical": "granting Commerce's request for a voluntary remand to remove expenses related to traded goods from the denominator for the calculation of the overhead ratio",
"sentence": "See, e.g., Rhodia, 185 F. Supp. 2d at 1357 (granting Commer... | {
"signal": "see also",
"identifier": "240 F. Supp. 2d 1268, 1305",
"parenthetical": "remanding to Commerce to \"exclude 'consumption of traded goods' from Commerce's overhead, SG & A and profit rate calculations and to recalculate the dumping margins accordingly. . . .\"",
"sentence": "See, e.g., Rhodia, 185 F... | 8,363,709 | a |
Vaughn's appeal complains that the post-conviction court applied the wrong standard because Harbor held that there is no requirement that the new factor "frustrate" the sentence in order to justify modification of that sentence. The post-sentencing court may still, however, consider whether the new factor frustrates th... | {
"signal": "see also",
"identifier": "2011 WI 33, ¶ 89",
"parenthetical": "\"In determining whether to exercise its discretion to modify a sentence on the basis of a new factor, the circuit court may, but is not required to, consider whether the new factor frustrates the purpose of the original sentence.\"",
"... | {
"signal": "see",
"identifier": "2011 WI 28, ¶ 50",
"parenthetical": "\"A circuit court might conclude that its entire approach to sentencing would have been different had it been aware of a fact that is 'highly relevant to the imposition of sentence.' Even so, the court may not be able to conclude that the new ... | 4,031,370 | b |
Vaughn's appeal complains that the post-conviction court applied the wrong standard because Harbor held that there is no requirement that the new factor "frustrate" the sentence in order to justify modification of that sentence. The post-sentencing court may still, however, consider whether the new factor frustrates th... | {
"signal": "see",
"identifier": "2011 WI 28, ¶ 50",
"parenthetical": "\"A circuit court might conclude that its entire approach to sentencing would have been different had it been aware of a fact that is 'highly relevant to the imposition of sentence.' Even so, the court may not be able to conclude that the new ... | {
"signal": "see also",
"identifier": "333 Wis. 2d 335, 384",
"parenthetical": "\"In determining whether to exercise its discretion to modify a sentence on the basis of a new factor, the circuit court may, but is not required to, consider whether the new factor frustrates the purpose of the original sentence.\"",... | 4,031,370 | a |
Vaughn's appeal complains that the post-conviction court applied the wrong standard because Harbor held that there is no requirement that the new factor "frustrate" the sentence in order to justify modification of that sentence. The post-sentencing court may still, however, consider whether the new factor frustrates th... | {
"signal": "see",
"identifier": "2011 WI 28, ¶ 50",
"parenthetical": "\"A circuit court might conclude that its entire approach to sentencing would have been different had it been aware of a fact that is 'highly relevant to the imposition of sentence.' Even so, the court may not be able to conclude that the new ... | {
"signal": "see also",
"identifier": "797 N.W.2d 451, 476",
"parenthetical": "\"In determining whether to exercise its discretion to modify a sentence on the basis of a new factor, the circuit court may, but is not required to, consider whether the new factor frustrates the purpose of the original sentence.\"",
... | 4,031,370 | a |
Vaughn's appeal complains that the post-conviction court applied the wrong standard because Harbor held that there is no requirement that the new factor "frustrate" the sentence in order to justify modification of that sentence. The post-sentencing court may still, however, consider whether the new factor frustrates th... | {
"signal": "see also",
"identifier": "2011 WI 33, ¶ 89",
"parenthetical": "\"In determining whether to exercise its discretion to modify a sentence on the basis of a new factor, the circuit court may, but is not required to, consider whether the new factor frustrates the purpose of the original sentence.\"",
"... | {
"signal": "see",
"identifier": "333 Wis. 2d 78, 78",
"parenthetical": "\"A circuit court might conclude that its entire approach to sentencing would have been different had it been aware of a fact that is 'highly relevant to the imposition of sentence.' Even so, the court may not be able to conclude that the ne... | 4,031,370 | b |
Vaughn's appeal complains that the post-conviction court applied the wrong standard because Harbor held that there is no requirement that the new factor "frustrate" the sentence in order to justify modification of that sentence. The post-sentencing court may still, however, consider whether the new factor frustrates th... | {
"signal": "see",
"identifier": "333 Wis. 2d 78, 78",
"parenthetical": "\"A circuit court might conclude that its entire approach to sentencing would have been different had it been aware of a fact that is 'highly relevant to the imposition of sentence.' Even so, the court may not be able to conclude that the ne... | {
"signal": "see also",
"identifier": "333 Wis. 2d 335, 384",
"parenthetical": "\"In determining whether to exercise its discretion to modify a sentence on the basis of a new factor, the circuit court may, but is not required to, consider whether the new factor frustrates the purpose of the original sentence.\"",... | 4,031,370 | a |
Vaughn's appeal complains that the post-conviction court applied the wrong standard because Harbor held that there is no requirement that the new factor "frustrate" the sentence in order to justify modification of that sentence. The post-sentencing court may still, however, consider whether the new factor frustrates th... | {
"signal": "see also",
"identifier": "797 N.W.2d 451, 476",
"parenthetical": "\"In determining whether to exercise its discretion to modify a sentence on the basis of a new factor, the circuit court may, but is not required to, consider whether the new factor frustrates the purpose of the original sentence.\"",
... | {
"signal": "see",
"identifier": "333 Wis. 2d 78, 78",
"parenthetical": "\"A circuit court might conclude that its entire approach to sentencing would have been different had it been aware of a fact that is 'highly relevant to the imposition of sentence.' Even so, the court may not be able to conclude that the ne... | 4,031,370 | b |
Discussion. An attorney has a duty to exert his best efforts to ensure that his client's decisions are based on correct information as to the applicable law. Counsel's erroneous advice to Garcia that community supervision was still available if he chose to go to the judge for sentencing fell below an objective standard... | {
"signal": "see also",
"identifier": "818 S.W.2d 814, 815",
"parenthetical": "counsel's erroneous advice to defendant to elect court to assess punishment was based on counsel's mistaken belief that defendant was eligible for shock probation and deprived defendant of opportunity for jury to assess probation, and ... | {
"signal": "see",
"identifier": "756 S.W.2d 48, 48",
"parenthetical": "counsel who failed to inform defendant his jury waiver at punishment phase precluded him from receiving probation was ineffective, where the error was not an exercise of reasonable professional judgment and prejudiced defendant",
"sentence"... | 7,322,657 | b |
Discussion. An attorney has a duty to exert his best efforts to ensure that his client's decisions are based on correct information as to the applicable law. Counsel's erroneous advice to Garcia that community supervision was still available if he chose to go to the judge for sentencing fell below an objective standard... | {
"signal": "see also",
"identifier": "817 S.W.2d 81, 83",
"parenthetical": "defendant's election to plead guilty, based on counsel's erroneous advice that he was eligible for court-ordered probation, was not done voluntarily and knowingly",
"sentence": "See Gallegos, 756 S.W.2d at 48 (counsel who failed to inf... | {
"signal": "see",
"identifier": "756 S.W.2d 48, 48",
"parenthetical": "counsel who failed to inform defendant his jury waiver at punishment phase precluded him from receiving probation was ineffective, where the error was not an exercise of reasonable professional judgment and prejudiced defendant",
"sentence"... | 7,322,657 | b |
. Under proper circumstances, both doctrines apply not only to the protection of human life or to avoid serious injury, but also to the protection of property interests. | {
"signal": "see also",
"identifier": "9 F.3d 506, 510",
"parenthetical": "finding warrantless entry into house reasonable to \"prevent the loss or destruction of the owner's property\" where kitchen window was broken and neighbor reported burglary in progress",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.... | {
"signal": "see",
"identifier": "436 U.S. 499, 509",
"parenthetical": "concluding the need to protect property may justify a warrantless entry of premises",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 1949-50, 56 L.Ed.2d 486 (1978) (concluding the need to protect property may j... | 1,167,986 | b |
. Under proper circumstances, both doctrines apply not only to the protection of human life or to avoid serious injury, but also to the protection of property interests. | {
"signal": "see also",
"identifier": "747 F.2d 263, 267",
"parenthetical": "upholding initial warrantless entry of warehouse where locks sawed off and doors forced open",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 1949-50, 56 L.Ed.2d 486 (1978) (concluding the need to protect ... | {
"signal": "see",
"identifier": "436 U.S. 499, 509",
"parenthetical": "concluding the need to protect property may justify a warrantless entry of premises",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 1949-50, 56 L.Ed.2d 486 (1978) (concluding the need to protect property may j... | 1,167,986 | b |
. Under proper circumstances, both doctrines apply not only to the protection of human life or to avoid serious injury, but also to the protection of property interests. | {
"signal": "see",
"identifier": "98 S.Ct. 1942, 1949-50",
"parenthetical": "concluding the need to protect property may justify a warrantless entry of premises",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 1949-50, 56 L.Ed.2d 486 (1978) (concluding the need to protect property ... | {
"signal": "see also",
"identifier": "9 F.3d 506, 510",
"parenthetical": "finding warrantless entry into house reasonable to \"prevent the loss or destruction of the owner's property\" where kitchen window was broken and neighbor reported burglary in progress",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.... | 1,167,986 | a |
. Under proper circumstances, both doctrines apply not only to the protection of human life or to avoid serious injury, but also to the protection of property interests. | {
"signal": "see",
"identifier": "98 S.Ct. 1942, 1949-50",
"parenthetical": "concluding the need to protect property may justify a warrantless entry of premises",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 1949-50, 56 L.Ed.2d 486 (1978) (concluding the need to protect property ... | {
"signal": "see also",
"identifier": "747 F.2d 263, 267",
"parenthetical": "upholding initial warrantless entry of warehouse where locks sawed off and doors forced open",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 1949-50, 56 L.Ed.2d 486 (1978) (concluding the need to protect ... | 1,167,986 | a |
. Under proper circumstances, both doctrines apply not only to the protection of human life or to avoid serious injury, but also to the protection of property interests. | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding the need to protect property may justify a warrantless entry of premises",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 1949-50, 56 L.Ed.2d 486 (1978) (concluding the need to protect property may justify a warran... | {
"signal": "see also",
"identifier": "9 F.3d 506, 510",
"parenthetical": "finding warrantless entry into house reasonable to \"prevent the loss or destruction of the owner's property\" where kitchen window was broken and neighbor reported burglary in progress",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.... | 1,167,986 | a |
. Under proper circumstances, both doctrines apply not only to the protection of human life or to avoid serious injury, but also to the protection of property interests. | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding the need to protect property may justify a warrantless entry of premises",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 1949-50, 56 L.Ed.2d 486 (1978) (concluding the need to protect property may justify a warran... | {
"signal": "see also",
"identifier": "747 F.2d 263, 267",
"parenthetical": "upholding initial warrantless entry of warehouse where locks sawed off and doors forced open",
"sentence": "See, e.g., Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 1949-50, 56 L.Ed.2d 486 (1978) (concluding the need to protect ... | 1,167,986 | a |
. We find no merit to the Secretary's additional assertions that Plaintiffs' complaint raises a non-justiciable question, or that it is barred by the doctrine of laches. Specifically with regard to laches, our Court has heretofore indicated that, because of the paramount importance of the manner in which a proposed con... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Because of the intense importance to the people of the commonwealth of matters affecting the amendment of their fundamental law, the doctrine of laches cannot be invoked to prevent the determination of the propriety of the submission of an amendment.\"",
... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting reliance on laches defense in constitutional challenge to scheduling of judicial election in non-municipal election year",
"sentence": "See Tausig v. Lawrence, 328 Pa. 408, 197 A. 235, 239 (1938) (\"Because of the intense importance to the ... | 12,280,349 | a |
. We find no merit to the Secretary's additional assertions that Plaintiffs' complaint raises a non-justiciable question, or that it is barred by the doctrine of laches. Specifically with regard to laches, our Court has heretofore indicated that, because of the paramount importance of the manner in which a proposed con... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Because of the intense importance to the people of the commonwealth of matters affecting the amendment of their fundamental law, the doctrine of laches cannot be invoked to prevent the determination of the propriety of the submission of an amendment.\"",
... | {
"signal": "see also",
"identifier": "550 A.2d 184, 188",
"parenthetical": "rejecting reliance on laches defense in constitutional challenge to scheduling of judicial election in non-municipal election year",
"sentence": "See Tausig v. Lawrence, 328 Pa. 408, 197 A. 235, 239 (1938) (\"Because of the intense imp... | 12,280,349 | a |
. We find no merit to the Secretary's additional assertions that Plaintiffs' complaint raises a non-justiciable question, or that it is barred by the doctrine of laches. Specifically with regard to laches, our Court has heretofore indicated that, because of the paramount importance of the manner in which a proposed con... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting reliance on laches defense in constitutional challenge to scheduling of judicial election in non-municipal election year",
"sentence": "See Tausig v. Lawrence, 328 Pa. 408, 197 A. 235, 239 (1938) (\"Because of the intense importance to the ... | {
"signal": "see",
"identifier": "197 A. 235, 239",
"parenthetical": "\"Because of the intense importance to the people of the commonwealth of matters affecting the amendment of their fundamental law, the doctrine of laches cannot be invoked to prevent the determination of the propriety of the submission of an am... | 12,280,349 | b |
. We find no merit to the Secretary's additional assertions that Plaintiffs' complaint raises a non-justiciable question, or that it is barred by the doctrine of laches. Specifically with regard to laches, our Court has heretofore indicated that, because of the paramount importance of the manner in which a proposed con... | {
"signal": "see",
"identifier": "197 A. 235, 239",
"parenthetical": "\"Because of the intense importance to the people of the commonwealth of matters affecting the amendment of their fundamental law, the doctrine of laches cannot be invoked to prevent the determination of the propriety of the submission of an am... | {
"signal": "see also",
"identifier": "550 A.2d 184, 188",
"parenthetical": "rejecting reliance on laches defense in constitutional challenge to scheduling of judicial election in non-municipal election year",
"sentence": "See Tausig v. Lawrence, 328 Pa. 408, 197 A. 235, 239 (1938) (\"Because of the intense imp... | 12,280,349 | a |
While the court referenced the omitted factor of promoting respect for the law, it tempered this reference by subsequently referring to the disrespect Black had specifically shown the probation office. Therefore, the district court primarily based the revocation sentence on permissible factors, rendering the resulting ... | {
"signal": "see",
"identifier": "498 F.3d 393, 399-400",
"parenthetical": "rejecting a per se rule that consideration of SS 3553(a",
"sentence": "See United States v. Lewis, 498 F.3d 393, 399-400 (6th Cir.2007) (rejecting a per se rule that consideration of § 3553(a)(2)(A) results in an unreasonable sentence, ... | {
"signal": "cf.",
"identifier": "444 F.3d 1173, 1182-83",
"parenthetical": "stating in dicta that while it did \"not suggest that a mere reference to promoting respect for the law would in itself render a sentence unreasonable,\" it could result in reversible error if the record failed to establish that permissi... | 3,822,470 | a |
Where a statutory provision does not define a standard of care but merely imposes an administrative requirement, such as the requirement to obtain a license or to file a report to support a regulatory scheme, violation of such requirement will not support a negligence per se claim. Even if the regulatory scheme as a wh... | {
"signal": "see also",
"identifier": null,
"parenthetical": "observing that \"[i]n a majority of accident cases, the violation of a licensing statute by a driver is not held relevant to the determination of fault\"",
"sentence": "See Ridge v. Cessna Aircraft Co., 117 F.3d 126, 131 (4th Cir.1997) (holding that ... | {
"signal": "see",
"identifier": "117 F.3d 126, 131",
"parenthetical": "holding that federal regulations making a pilot responsible for operation of his aircraft and requiring- him, upon request, to submit a written report to the government whenever he deviates from an aviation rule in an emergency provide for \"... | 844,283 | b |
Where a statutory provision does not define a standard of care but merely imposes an administrative requirement, such as the requirement to obtain a license or to file a report to support a regulatory scheme, violation of such requirement will not support a negligence per se claim. Even if the regulatory scheme as a wh... | {
"signal": "see also",
"identifier": "288 S.E.2d 494, 495",
"parenthetical": "observing that \"[i]n a majority of accident cases, the violation of a licensing statute by a driver is not held relevant to the determination of fault\"",
"sentence": "See Ridge v. Cessna Aircraft Co., 117 F.3d 126, 131 (4th Cir.199... | {
"signal": "see",
"identifier": "117 F.3d 126, 131",
"parenthetical": "holding that federal regulations making a pilot responsible for operation of his aircraft and requiring- him, upon request, to submit a written report to the government whenever he deviates from an aviation rule in an emergency provide for \"... | 844,283 | b |
Therefore, without determining whether Defendants have breached the express warranty, I conclude that Plaintiff has available a contractual remedy through the breach of express warranty claim. Critically, Plaintiff fails to allege that this contractual remedy is inadequate, as required to state a claim for unjust enric... | {
"signal": "cf.",
"identifier": "156 F.Supp.2d 1335, 1341",
"parenthetical": "denying motion to dismiss unjust enrichment claim because plaintiff alleged \"no adequate legal remedy exists to compensate Plaintiff.\"",
"sentence": "See Nautica Int’l, Inc., 5 F.Supp.2d at 1342 (dismissing unjust enrichment claim ... | {
"signal": "see",
"identifier": "5 F.Supp.2d 1342, 1342",
"parenthetical": "dismissing unjust enrichment claim because the plaintiff failed to allege that an adequate remedy at law does not exist",
"sentence": "See Nautica Int’l, Inc., 5 F.Supp.2d at 1342 (dismissing unjust enrichment claim because the plainti... | 3,712,575 | b |
Therefore, without determining whether Defendants have breached the express warranty, I conclude that Plaintiff has available a contractual remedy through the breach of express warranty claim. Critically, Plaintiff fails to allege that this contractual remedy is inadequate, as required to state a claim for unjust enric... | {
"signal": "see",
"identifier": "2006 WL 1876995, at *3",
"parenthetical": "dismissing unjust enrichment claim because claim arose out of performance of an express contract, and express contract provides legal remedy",
"sentence": "See Nautica Int’l, Inc., 5 F.Supp.2d at 1342 (dismissing unjust enrichment clai... | {
"signal": "cf.",
"identifier": "156 F.Supp.2d 1335, 1341",
"parenthetical": "denying motion to dismiss unjust enrichment claim because plaintiff alleged \"no adequate legal remedy exists to compensate Plaintiff.\"",
"sentence": "See Nautica Int’l, Inc., 5 F.Supp.2d at 1342 (dismissing unjust enrichment claim ... | 3,712,575 | a |
The purpose of the arbitration, however, was to determine the liabilities of the parties. Even if the arbitrators erroneously applied South Carolina corporate law, they did not exceed the scope of their powers. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "if the arbitrators resolved the very issue presented to them, they did not exceed their powers, even assuming factual and legal errors",
"sentence": "Batten, 300 S.C. 545, 389 S.E.2d 170 (if the arbitrators resolved the very issue presented to them,... | {
"signal": "see also",
"identifier": null,
"parenthetical": "if the issues presented to the arbitrators are within the scope of the arbitration agreement, they do not exceed their powers when attempting to resolve those issues",
"sentence": "See also Trident Technical College, 286 S.C. 98, 333 S.E.2d 781 (if t... | 529,170 | a |
The purpose of the arbitration, however, was to determine the liabilities of the parties. Even if the arbitrators erroneously applied South Carolina corporate law, they did not exceed the scope of their powers. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "if the arbitrators resolved the very issue presented to them, they did not exceed their powers, even assuming factual and legal errors",
"sentence": "Batten, 300 S.C. 545, 389 S.E.2d 170 (if the arbitrators resolved the very issue presented to them,... | {
"signal": "see also",
"identifier": null,
"parenthetical": "if the issues presented to the arbitrators are within the scope of the arbitration agreement, they do not exceed their powers when attempting to resolve those issues",
"sentence": "See also Trident Technical College, 286 S.C. 98, 333 S.E.2d 781 (if t... | 529,170 | a |
The purpose of the arbitration, however, was to determine the liabilities of the parties. Even if the arbitrators erroneously applied South Carolina corporate law, they did not exceed the scope of their powers. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "if the arbitrators resolved the very issue presented to them, they did not exceed their powers, even assuming factual and legal errors",
"sentence": "Batten, 300 S.C. 545, 389 S.E.2d 170 (if the arbitrators resolved the very issue presented to them,... | {
"signal": "see also",
"identifier": null,
"parenthetical": "if the issues presented to the arbitrators are within the scope of the arbitration agreement, they do not exceed their powers when attempting to resolve those issues",
"sentence": "See also Trident Technical College, 286 S.C. 98, 333 S.E.2d 781 (if t... | 529,170 | a |
The purpose of the arbitration, however, was to determine the liabilities of the parties. Even if the arbitrators erroneously applied South Carolina corporate law, they did not exceed the scope of their powers. | {
"signal": "see also",
"identifier": null,
"parenthetical": "if the issues presented to the arbitrators are within the scope of the arbitration agreement, they do not exceed their powers when attempting to resolve those issues",
"sentence": "See also Trident Technical College, 286 S.C. 98, 333 S.E.2d 781 (if t... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "if the arbitrators resolved the very issue presented to them, they did not exceed their powers, even assuming factual and legal errors",
"sentence": "Batten, 300 S.C. 545, 389 S.E.2d 170 (if the arbitrators resolved the very issue presented to them,... | 529,170 | b |
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