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Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.... | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.... | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.... | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (nu... | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (nu... | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (nu... | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (nu... | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": "223 F.2d 171, 180-81",
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.... | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.... | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.... | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts dee... | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.... | 10,548,216 | a |
. Wire fraud, like mail fraud, is a racketeering activity and thus a predicate offense for money laundering. | {
"signal": "see",
"identifier": "169 F.3d 806, 806",
"parenthetical": "stating that \"[w]ire fraud consists of (1) a scheme to defraud and (2) a use of a wire transmission for the purpose of executing, or attempting to execute, the scheme\"",
"sentence": "See Morelli, 169 F.3d at 806 (stating that \"[w]ire fra... | {
"signal": "see also",
"identifier": "561 F.2d 466, 475",
"parenthetical": "\"[T]he cases interpreting the mail fraud statute are applicable to the wire fraud statute as well.\"",
"sentence": "See Morelli, 169 F.3d at 806 (stating that \"[w]ire fraud consists of (1) a scheme to defraud and (2) a use of a wire ... | 5,762,424 | a |
Similarly, the Federal Circuit has found that claims directed to a "new and useful technique" for performing a particular task were not abstract. | {
"signal": "no signal",
"identifier": "850 F.3d 1343, 1349",
"parenthetical": "holding that \"claims directed to a new and useful technique for using sensors to more efficiently track an object on a moving platform\" were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (F... | {
"signal": "see also",
"identifier": "450 U.S. 175, 177",
"parenthetical": "holding that claims for a method to calculate the optimal cure time for rubber were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (Fed. Cir. 2017) (holding that “claims directed to a new and use... | 12,274,385 | a |
Similarly, the Federal Circuit has found that claims directed to a "new and useful technique" for performing a particular task were not abstract. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that claims for a method to calculate the optimal cure time for rubber were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (Fed. Cir. 2017) (holding that “claims directed to a new and useful technique f... | {
"signal": "no signal",
"identifier": "850 F.3d 1343, 1349",
"parenthetical": "holding that \"claims directed to a new and useful technique for using sensors to more efficiently track an object on a moving platform\" were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (F... | 12,274,385 | b |
Similarly, the Federal Circuit has found that claims directed to a "new and useful technique" for performing a particular task were not abstract. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that claims for a method to calculate the optimal cure time for rubber were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (Fed. Cir. 2017) (holding that “claims directed to a new and useful technique f... | {
"signal": "no signal",
"identifier": "850 F.3d 1343, 1349",
"parenthetical": "holding that \"claims directed to a new and useful technique for using sensors to more efficiently track an object on a moving platform\" were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (F... | 12,274,385 | b |
Similarly, the Federal Circuit has found that claims directed to a "new and useful technique" for performing a particular task were not abstract. | {
"signal": "see also",
"identifier": "450 U.S. 175, 177",
"parenthetical": "holding that claims for a method to calculate the optimal cure time for rubber were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (Fed. Cir. 2017) (holding that “claims directed to a new and use... | {
"signal": "no signal",
"identifier": "827 F.3d 1042, 1045, 1050",
"parenthetical": "holding that claims directed to \"a new and useful laboratory technique for preserving hepato-cytes,\" a type of liver cell, were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (Fed. Cir... | 12,274,385 | b |
Similarly, the Federal Circuit has found that claims directed to a "new and useful technique" for performing a particular task were not abstract. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that claims for a method to calculate the optimal cure time for rubber were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (Fed. Cir. 2017) (holding that “claims directed to a new and useful technique f... | {
"signal": "no signal",
"identifier": "827 F.3d 1042, 1045, 1050",
"parenthetical": "holding that claims directed to \"a new and useful laboratory technique for preserving hepato-cytes,\" a type of liver cell, were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (Fed. Cir... | 12,274,385 | b |
Similarly, the Federal Circuit has found that claims directed to a "new and useful technique" for performing a particular task were not abstract. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that claims for a method to calculate the optimal cure time for rubber were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (Fed. Cir. 2017) (holding that “claims directed to a new and useful technique f... | {
"signal": "no signal",
"identifier": "827 F.3d 1042, 1045, 1050",
"parenthetical": "holding that claims directed to \"a new and useful laboratory technique for preserving hepato-cytes,\" a type of liver cell, were not abstract",
"sentence": "Thales Visionix Inc. v. United States, 850 F.3d 1343, 1349 (Fed. Cir... | 12,274,385 | b |
Since plaintiff has presented no objective evidence to disprove defendant's asserted sound levels, those figures must be assumed to be true for purposes of this motion. If in fact, as the LIRR asserts, the sound levels of its horns were in compliance with both the FRSA minimum standard and with OSHA's regulations, the ... | {
"signal": "see also",
"identifier": "700 So.2d 542, 550",
"parenthetical": "holding that \"simply establishing that the workplace is noisy fails to meet the legal requirements for proving negligence\"",
"sentence": "See Lessee v. Union Pac. R.R. Co., 38 Wash. App. 802, 804-07, 690 P.2d 596, 598-600 (Wash.Ct.A... | {
"signal": "see",
"identifier": "38 Wash. App. 802, 804-07",
"parenthetical": "finding that where the time weighted average of noise exposure was below OSHA levels requiring protection, plaintiff had failed to demonstrate negligence",
"sentence": "See Lessee v. Union Pac. R.R. Co., 38 Wash. App. 802, 804-07, 6... | 9,008,017 | b |
Since plaintiff has presented no objective evidence to disprove defendant's asserted sound levels, those figures must be assumed to be true for purposes of this motion. If in fact, as the LIRR asserts, the sound levels of its horns were in compliance with both the FRSA minimum standard and with OSHA's regulations, the ... | {
"signal": "see also",
"identifier": "700 So.2d 542, 550",
"parenthetical": "holding that \"simply establishing that the workplace is noisy fails to meet the legal requirements for proving negligence\"",
"sentence": "See Lessee v. Union Pac. R.R. Co., 38 Wash. App. 802, 804-07, 690 P.2d 596, 598-600 (Wash.Ct.A... | {
"signal": "see",
"identifier": "690 P.2d 596, 598-600",
"parenthetical": "finding that where the time weighted average of noise exposure was below OSHA levels requiring protection, plaintiff had failed to demonstrate negligence",
"sentence": "See Lessee v. Union Pac. R.R. Co., 38 Wash. App. 802, 804-07, 690 P... | 9,008,017 | b |
If the issue is whether the costs of arbitration will make the arbitral forum prohibitively expensive for the individual plaintiff, then determining whether the actual costs of completed arbitration reach that level would be much simpler than determining, in advance, whether the projected costs of arbitration will reac... | {
"signal": "see also",
"identifier": "56 F.Supp.2d 355, 355",
"parenthetical": "\"At this point in the litigation it is not clear how large the fees of the arbitration will be or whether plaintiff will be required to pay any portion of it....\"",
"sentence": "See Klinedinst, 2001 WL 1561821, at *14 (“By the ti... | {
"signal": "see",
"identifier": "2001 WL 1561821, at *14",
"parenthetical": "\"By the time the arbitrator reaches the costs and fees issues, the record will obviously be far less vague and speculative than it is now.\"",
"sentence": "See Klinedinst, 2001 WL 1561821, at *14 (“By the time the arbitrator reaches ... | 9,340,399 | b |
Landers has not fallen on deaf ears. The Courts of Appeals that have addressed this issue -- the Second, Seventh, and Eleventh Circuits -- have cited Landers with approval. | {
"signal": "see",
"identifier": "142 F.3d 520, 525",
"parenthetical": "\"In calculating the amount of 'improper benefit[ ]' [under SS 2E5.1(b",
"sentence": "See United States v. Glick, 142 F.3d 520, 525 (2d Cir.1998) (“In calculating the amount of ‘improper benefit[ ]’ [under § 2E5.1(b)(2) ] only direct costs,... | {
"signal": "see also",
"identifier": "2 F.Supp.2d 592, 596",
"parenthetical": "\"I hold that only 'direct costs' are deductible in calculating the amount of the benefit conferred [under SS 2B4.1(b",
"sentence": "See also Cohen, 171 F.3d at 803 (citing Landers generally); United States v. Leon, 2 F.Supp.2d 592,... | 4,222,489 | a |
Landers has not fallen on deaf ears. The Courts of Appeals that have addressed this issue -- the Second, Seventh, and Eleventh Circuits -- have cited Landers with approval. | {
"signal": "see also",
"identifier": "2 F.Supp.2d 592, 596",
"parenthetical": "\"I hold that only 'direct costs' are deductible in calculating the amount of the benefit conferred [under SS 2B4.1(b",
"sentence": "See also Cohen, 171 F.3d at 803 (citing Landers generally); United States v. Leon, 2 F.Supp.2d 592,... | {
"signal": "see",
"identifier": "161 F.3d 1119, 1119",
"parenthetical": "agreeing that fixed costs should be included in net value but finding it unclear whether the costs at issue were indeed fixed",
"sentence": "See United States v. Glick, 142 F.3d 520, 525 (2d Cir.1998) (“In calculating the amount of ‘impro... | 4,222,489 | b |
Landers has not fallen on deaf ears. The Courts of Appeals that have addressed this issue -- the Second, Seventh, and Eleventh Circuits -- have cited Landers with approval. | {
"signal": "see also",
"identifier": "2 F.Supp.2d 592, 596",
"parenthetical": "\"I hold that only 'direct costs' are deductible in calculating the amount of the benefit conferred [under SS 2B4.1(b",
"sentence": "See also Cohen, 171 F.3d at 803 (citing Landers generally); United States v. Leon, 2 F.Supp.2d 592,... | {
"signal": "see",
"identifier": "439 F.3d 1299, 1304",
"parenthetical": "\"We agree with the Fifth Circuit's approach which subtracts direct costs, but not indirect costs, from profits to determine the net improper benefit [under SS 2B4.1(b",
"sentence": "See United States v. Glick, 142 F.3d 520, 525 (2d Cir.1... | 4,222,489 | b |
He also maintained that the information would factually support his entrapment defense. It is well settled that evidence that would enable effec tive cross-examination and impeachment may be material and that nondisclosure of such evidence may deprive an accused of a fair trial. | {
"signal": "no signal",
"identifier": "473 U.S. 676, 676-78",
"parenthetical": "noting, however, that failure to disclose such evidence does not implicate the Sixth Amendment Confrontation Clause",
"sentence": "Bagley, 473 U.S. at 676-78 (noting, however, that failure to disclose such evidence does not implica... | {
"signal": "see also",
"identifier": "405 U.S. 150, 154",
"parenthetical": "\"When the reliability of a given witness may well be determinative of guilt or innocence, nondisclosure of evidence affecting credibility falls within [Brady].\"",
"sentence": "Bagley, 473 U.S. at 676-78 (noting, however, that failure... | 8,557,805 | a |
Case law shows that it is not necessarily the immediate supervisor that is important for determining valid comparators, but rather the decision maker. | {
"signal": "see",
"identifier": "408 F.Supp.2d 193, 206",
"parenthetical": "\"[T]he employee must generally show the same decisionmaker made the disparate employment decisions.\"",
"sentence": "See Holtz v. Jefferson Smurfit Corp., 408 F.Supp.2d 193, 206 (M.D.N.C.2006) (“[T]he employee must generally show the ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "observing that the fact that an agent of the defendant \"who took different action under allegedly similar circumstances involving other students who were outside the protected class was a different individual than the decisionmaker in Plaintiffs case,... | 3,791,171 | a |
Case law shows that it is not necessarily the immediate supervisor that is important for determining valid comparators, but rather the decision maker. | {
"signal": "see",
"identifier": "408 F.Supp.2d 193, 206",
"parenthetical": "\"[T]he employee must generally show the same decisionmaker made the disparate employment decisions.\"",
"sentence": "See Holtz v. Jefferson Smurfit Corp., 408 F.Supp.2d 193, 206 (M.D.N.C.2006) (“[T]he employee must generally show the ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"If different decision-makers are involved, employees are generally not similarly situated.\"",
"sentence": "See Holtz v. Jefferson Smurfit Corp., 408 F.Supp.2d 193, 206 (M.D.N.C.2006) (“[T]he employee must generally show the same decisionmaker made... | 3,791,171 | a |
Case law shows that it is not necessarily the immediate supervisor that is important for determining valid comparators, but rather the decision maker. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he employee must generally show the same decisionmaker made the disparate employment decisions.\"",
"sentence": "See Holtz v. Jefferson Smurfit Corp., 408 F.Supp.2d 193, 206 (M.D.N.C.2006) (“[T]he employee must generally show the same decisionmaker m... | {
"signal": "see also",
"identifier": null,
"parenthetical": "observing that the fact that an agent of the defendant \"who took different action under allegedly similar circumstances involving other students who were outside the protected class was a different individual than the decisionmaker in Plaintiffs case,... | 3,791,171 | a |
Case law shows that it is not necessarily the immediate supervisor that is important for determining valid comparators, but rather the decision maker. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[T]he employee must generally show the same decisionmaker made the disparate employment decisions.\"",
"sentence": "See Holtz v. Jefferson Smurfit Corp., 408 F.Supp.2d 193, 206 (M.D.N.C.2006) (“[T]he employee must generally show the same decisionmaker m... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"If different decision-makers are involved, employees are generally not similarly situated.\"",
"sentence": "See Holtz v. Jefferson Smurfit Corp., 408 F.Supp.2d 193, 206 (M.D.N.C.2006) (“[T]he employee must generally show the same decisionmaker made... | 3,791,171 | a |
"It is well established that an order awarding attorney fees in relation to an underlying case is, itself, an appealable judgment. | {
"signal": "cf.",
"identifier": "307 U.S. 161, 170",
"parenthetical": "giving certiorari review to an attorney-fee order appealed to the lower appellate court and observing that a petition for an attorney fee in equity is 'an independent proceeding supplemental to the original proceeding'",
"sentence": "Cf. Sp... | {
"signal": "no signal",
"identifier": "887 So.2d 919, 923",
"parenthetical": "'[A]ttomey-fee matters are separate and distinct from matters going to the merits of a dispute and ... an appeal may be taken from a final judgment as to either aspect of a case.'",
"sentence": "Niezer v. SouthTrust Bank, 887 So.2d 9... | 7,024,113 | b |
"It is well established that an order awarding attorney fees in relation to an underlying case is, itself, an appealable judgment. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "giving certiorari review to an attorney-fee order appealed to the lower appellate court and observing that a petition for an attorney fee in equity is 'an independent proceeding supplemental to the original proceeding'",
"sentence": "Cf. Sprague v. Ticoni... | {
"signal": "no signal",
"identifier": "887 So.2d 919, 923",
"parenthetical": "'[A]ttomey-fee matters are separate and distinct from matters going to the merits of a dispute and ... an appeal may be taken from a final judgment as to either aspect of a case.'",
"sentence": "Niezer v. SouthTrust Bank, 887 So.2d 9... | 7,024,113 | b |
"It is well established that an order awarding attorney fees in relation to an underlying case is, itself, an appealable judgment. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "giving certiorari review to an attorney-fee order appealed to the lower appellate court and observing that a petition for an attorney fee in equity is 'an independent proceeding supplemental to the original proceeding'",
"sentence": "Cf. Sprague v. Ticoni... | {
"signal": "no signal",
"identifier": "887 So.2d 919, 923",
"parenthetical": "'[A]ttomey-fee matters are separate and distinct from matters going to the merits of a dispute and ... an appeal may be taken from a final judgment as to either aspect of a case.'",
"sentence": "Niezer v. SouthTrust Bank, 887 So.2d 9... | 7,024,113 | b |
"It is well established that an order awarding attorney fees in relation to an underlying case is, itself, an appealable judgment. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "reviewing a trial court's order establishing and administering Calhoun County's indigent-defense system by way of an appeal",
"sentence": "Corp., 902 So.2d 75, 81 (Ala.Civ.App.2004) (concluding that Niezer stands for the proposition that 'an order d... | {
"signal": "cf.",
"identifier": "307 U.S. 161, 170",
"parenthetical": "giving certiorari review to an attorney-fee order appealed to the lower appellate court and observing that a petition for an attorney fee in equity is 'an independent proceeding supplemental to the original proceeding'",
"sentence": "Cf. Sp... | 7,024,113 | a |
"It is well established that an order awarding attorney fees in relation to an underlying case is, itself, an appealable judgment. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "reviewing a trial court's order establishing and administering Calhoun County's indigent-defense system by way of an appeal",
"sentence": "Corp., 902 So.2d 75, 81 (Ala.Civ.App.2004) (concluding that Niezer stands for the proposition that 'an order d... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "giving certiorari review to an attorney-fee order appealed to the lower appellate court and observing that a petition for an attorney fee in equity is 'an independent proceeding supplemental to the original proceeding'",
"sentence": "Cf. Sprague v. Ticoni... | 7,024,113 | a |
"It is well established that an order awarding attorney fees in relation to an underlying case is, itself, an appealable judgment. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "giving certiorari review to an attorney-fee order appealed to the lower appellate court and observing that a petition for an attorney fee in equity is 'an independent proceeding supplemental to the original proceeding'",
"sentence": "Cf. Sprague v. Ticoni... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "reviewing a trial court's order establishing and administering Calhoun County's indigent-defense system by way of an appeal",
"sentence": "Corp., 902 So.2d 75, 81 (Ala.Civ.App.2004) (concluding that Niezer stands for the proposition that 'an order d... | 7,024,113 | b |
"It is well established that an order awarding attorney fees in relation to an underlying case is, itself, an appealable judgment. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that an order denying compensation under the federal Criminal Justice Act for services performed before a state clemency board by counsel appointed to represent a state prisoner was final and appealable, despite the fact that the order was sep... | {
"signal": "cf.",
"identifier": "307 U.S. 161, 170",
"parenthetical": "giving certiorari review to an attorney-fee order appealed to the lower appellate court and observing that a petition for an attorney fee in equity is 'an independent proceeding supplemental to the original proceeding'",
"sentence": "Cf. Sp... | 7,024,113 | a |
"It is well established that an order awarding attorney fees in relation to an underlying case is, itself, an appealable judgment. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "giving certiorari review to an attorney-fee order appealed to the lower appellate court and observing that a petition for an attorney fee in equity is 'an independent proceeding supplemental to the original proceeding'",
"sentence": "Cf. Sprague v. Ticoni... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that an order denying compensation under the federal Criminal Justice Act for services performed before a state clemency board by counsel appointed to represent a state prisoner was final and appealable, despite the fact that the order was sep... | 7,024,113 | b |
"It is well established that an order awarding attorney fees in relation to an underlying case is, itself, an appealable judgment. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "giving certiorari review to an attorney-fee order appealed to the lower appellate court and observing that a petition for an attorney fee in equity is 'an independent proceeding supplemental to the original proceeding'",
"sentence": "Cf. Sprague v. Ticoni... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that an order denying compensation under the federal Criminal Justice Act for services performed before a state clemency board by counsel appointed to represent a state prisoner was final and appealable, despite the fact that the order was sep... | 7,024,113 | b |
Defendants note that there is a strong public policy supporting the right of a client to discharge an attorney at any time, despite contractual provisions to the contrary. From this they argue that, because an attorney has no contractual right to continued employment by his client, plaintiff has not stated a claim unde... | {
"signal": "see",
"identifier": "1994 WL 380620, at *3",
"parenthetical": "\"There is no 'at-will' defense to a federal discrimination complaint.\"",
"sentence": "See Campbell v. AT & T Communications, 1994 WL 380620, at *3 (N.D.Ill. July 18, 1994) (“There is no ‘at-will’ defense to a federal discrimination co... | {
"signal": "see also",
"identifier": "870 F.Supp. 878, 883",
"parenthetical": "SS 1981 applicable when at-will employee alleged that he had been discharged on the basis of his race",
"sentence": "See Campbell v. AT & T Communications, 1994 WL 380620, at *3 (N.D.Ill. July 18, 1994) (“There is no ‘at-will’ defen... | 7,828,655 | a |
We hold that this marijuana cigarette was not improperly seized by the Government and that the military judge did not err in admitting it as evidence at appellant's court-martial. | {
"signal": "see",
"identifier": "46 F.3d 1427, 1431",
"parenthetical": "\"defendant's response to even an invalid arrest or Terry stop may constitute independent grounds for arrest\" and search incident thereto",
"sentence": "See United States v. Dawdy, 46 F.3d 1427, 1431 (8th Cir.1995) (“defendant’s response ... | {
"signal": "see also",
"identifier": "111 F.3d 515, 523",
"parenthetical": "lawful arrest on an outstanding warrant not tainted by illegal, but not bad faith, investigative stop",
"sentence": "See United States v. Dawdy, 46 F.3d 1427, 1431 (8th Cir.1995) (“defendant’s response to even an invalid arrest or Terr... | 80,928 | a |
We find that consideration of dismissed offenses as a basis for an upward departure under SS 4A1.3 is a breach of that structure. We adopt the reasoning outlined by the Ninth Circuit that a sentencing court should not be allowed to violate the bargain worked out between the defendant and the government. | {
"signal": "see also",
"identifier": "997 F.2d 343, 346",
"parenthetical": "allowing consideration of offenses dismissed pursuant to plea bargains prior to the presently charged offenses, distinguishing Castro-Cervantes on the grounds that it \"holds no more than that a defendant who pleads guilty receives the G... | {
"signal": "but see",
"identifier": "905 F.2d 337, 341",
"parenthetical": "when a defendant pleads to one in a series of offenses, some of which are dismissed, an upward departure is allowable based on the dismissed counts.",
"sentence": "Castro-Cervantes, 927 F.2d at 1082; United States v. Saldana, 12 F.3d 16... | 10,515,009 | a |
Section 42-56-21(a). In comparable circumstances this Court has held that the statutory powers and obligations of the state cannot be contractually abdicated. | {
"signal": "no signal",
"identifier": "587 A.2d 915, 915",
"parenthetical": "CBA was invalid because it conflicted with the statutory power of the director of the DOC to require correctional officers to work involuntary overtime",
"sentence": "Brotherhood of Correctional Officers, 587 A.2d at 915 (CBA was inva... | {
"signal": "see also",
"identifier": "692 A.2d 318, 324-25",
"parenthetical": "department has statutory responsibility to provide for the health and safety of its patients and may not arbitrate whether employees can decide for themselves how many consecutive hours of overtime they will work",
"sentence": "Brot... | 11,713,698 | a |
Section 42-56-21(a). In comparable circumstances this Court has held that the statutory powers and obligations of the state cannot be contractually abdicated. | {
"signal": "no signal",
"identifier": "587 A.2d 915, 915",
"parenthetical": "CBA was invalid because it conflicted with the statutory power of the director of the DOC to require correctional officers to work involuntary overtime",
"sentence": "Brotherhood of Correctional Officers, 587 A.2d at 915 (CBA was inva... | {
"signal": "see also",
"identifier": "652 A.2d 970, 972",
"parenthetical": "school committee cannot bargain away its responsibility of evaluating bilingual language programs for state law compliance",
"sentence": "Brotherhood of Correctional Officers, 587 A.2d at 915 (CBA was invalid because it conflicted with... | 11,713,698 | a |
Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding \"stop and frisk\" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements",
"sentence": "See Allen v. State, ... | {
"signal": "see",
"identifier": "55 V.I. 380, 393",
"parenthetical": "\"The language under 23 V.I.C. SS 488 is clear concerning an officer['s] encounter with someone who has a firearm. Prior to arrest, and in the absence of evidence supporting probable cause that other criminal activity is afoot, the police must... | 3,661,768 | b |
Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized... | {
"signal": "see also",
"identifier": "572 A.2d 1086, 1087-88",
"parenthetical": "holding \"stop and frisk\" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements",
"sentence": "... | {
"signal": "see",
"identifier": "55 V.I. 380, 393",
"parenthetical": "\"The language under 23 V.I.C. SS 488 is clear concerning an officer['s] encounter with someone who has a firearm. Prior to arrest, and in the absence of evidence supporting probable cause that other criminal activity is afoot, the police must... | 3,661,768 | b |
Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized... | {
"signal": "see",
"identifier": "54 V.I. 161, at 166",
"parenthetical": "\"[I]n the Virgin Islands when investigating crimes involving firearms, the authority of law enforcement officers to conduct a limited search of a suspect is governed by V.I. CODE Ann. tit. 23, SS 488.\"",
"sentence": "See, e.g., People v... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding \"stop and frisk\" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements",
"sentence": "See Allen v. State, ... | 3,661,768 | a |
Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized... | {
"signal": "see",
"identifier": "54 V.I. 161, at 166",
"parenthetical": "\"[I]n the Virgin Islands when investigating crimes involving firearms, the authority of law enforcement officers to conduct a limited search of a suspect is governed by V.I. CODE Ann. tit. 23, SS 488.\"",
"sentence": "See, e.g., People v... | {
"signal": "see also",
"identifier": "572 A.2d 1086, 1087-88",
"parenthetical": "holding \"stop and frisk\" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements",
"sentence": "... | 3,661,768 | a |
Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding \"stop and frisk\" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements",
"sentence": "See Allen v. State, ... | {
"signal": "see",
"identifier": "2010 V.I. LEXIS 80, at *17",
"parenthetical": "noting that \"Virgin Islands law expressly authorizes law enforcement officers to investigate a person's possession of a firearm\" and holding that \"Section 488 plainly lays out the procedures of an officer['s] encounter with someon... | 3,661,768 | b |
Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized... | {
"signal": "see",
"identifier": "2010 V.I. LEXIS 80, at *17",
"parenthetical": "noting that \"Virgin Islands law expressly authorizes law enforcement officers to investigate a person's possession of a firearm\" and holding that \"Section 488 plainly lays out the procedures of an officer['s] encounter with someon... | {
"signal": "see also",
"identifier": "572 A.2d 1086, 1087-88",
"parenthetical": "holding \"stop and frisk\" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements",
"sentence": "... | 3,661,768 | a |
Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized... | {
"signal": "see",
"identifier": null,
"parenthetical": "permitting search under article 27, section 36D despite officer's lack of knowledge, and failure to ask questions calculated to determine, whether defendant was licensed to carry a gun",
"sentence": "See Allen v. State, 85 Md. App. 657, 584 A.2d 1279, 128... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding \"stop and frisk\" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements",
"sentence": "See Allen v. State, ... | 3,661,768 | a |
Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized... | {
"signal": "see also",
"identifier": "572 A.2d 1086, 1087-88",
"parenthetical": "holding \"stop and frisk\" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements",
"sentence": "... | {
"signal": "see",
"identifier": null,
"parenthetical": "permitting search under article 27, section 36D despite officer's lack of knowledge, and failure to ask questions calculated to determine, whether defendant was licensed to carry a gun",
"sentence": "See Allen v. State, 85 Md. App. 657, 584 A.2d 1279, 128... | 3,661,768 | b |
Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized... | {
"signal": "see",
"identifier": "584 A.2d 1279, 1284-85",
"parenthetical": "permitting search under article 27, section 36D despite officer's lack of knowledge, and failure to ask questions calculated to determine, whether defendant was licensed to carry a gun",
"sentence": "See Allen v. State, 85 Md. App. 657... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding \"stop and frisk\" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements",
"sentence": "See Allen v. State, ... | 3,661,768 | a |
Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized... | {
"signal": "see",
"identifier": "584 A.2d 1279, 1284-85",
"parenthetical": "permitting search under article 27, section 36D despite officer's lack of knowledge, and failure to ask questions calculated to determine, whether defendant was licensed to carry a gun",
"sentence": "See Allen v. State, 85 Md. App. 657... | {
"signal": "see also",
"identifier": "572 A.2d 1086, 1087-88",
"parenthetical": "holding \"stop and frisk\" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements",
"sentence": "... | 3,661,768 | a |
The defendants use the terms "conditions of'payment" and "conditions of participation" to draw an 'unnecessarily sharp line betiveen different types of problematic behayior. Whatever label the defendants wish to apply to the conduct at issue, the relators have properly alleged an FCA violation if they have described de... | {
"signal": "see",
"identifier": "461 F.3d 1166, 1176",
"parenthetical": "labeling the condition of participation versus condition of payment distinction nothing more than \"a distinction without a difference\"",
"sentence": "See Hendow v. Univ. of Phx., 461 F.3d 1166, 1176 (9th Cir.2006) (labeling the conditio... | {
"signal": "see also",
"identifier": "784 F.3d 1198, 1207-08",
"parenthetical": "in a case arising in the fi'audulent inducement context, citing Hendow favorably and noting Hendow's rejec tion of the distinction between conditions of participation and payment",
"sentence": "See Hendow v. Univ. of Phx., 461 F.3... | 4,178,076 | a |
Moreover, the government will be at the mercy of a private company hired and paid for by defendant, which the government has not itself chosen and over which the government exercises no hiring, training, or supervisory control. As the Court noted during the hearing on March 20, the questions about the legal authorizati... | {
"signal": "see also",
"identifier": "986 F.2d 632, 632-33",
"parenthetical": "\"Safety of the community will be assured only if the government provides trustworthy trained staff to carry out the extensive monitoring of homes, telephones, and travel that would be necessary to ensure compliance with the condition... | {
"signal": "see",
"identifier": "369 Fed.Appx. 153, 153-54",
"parenthetical": "rejecting argument that district court erred by denying bail where defendant proposed that home confinement would be enforced by private security guards financed by his own expense and noting that \"issues regarding the nature of the ... | 4,210,570 | b |
But appellant, who was present with counsel, did not object when panelists 114, 76, and 38 were disqualified, nor did he object when the fourth panelist interviewed at the bench was deemed qualified for service. Independent of any duty imposed on the court reporter by rule 13.1(a) to record the bench conferences, it wa... | {
"signal": "see also",
"identifier": "4 S.W.3d 9, 12",
"parenthetical": "defendant must timely object or show significant harm from service by disqualified juror",
"sentence": "P. 33.1; see also Mayo v. State, 4 S.W.3d 9, 12 (Tex.Crim. App.1999) (defendant must timely object or show significant harm from servi... | {
"signal": "see",
"identifier": "47 S.W.3d 678, 678",
"parenthetical": "reporter's failure to record bench conferences did not excuse defendant from duty to properly preserve error in rulings on challenges for cause",
"sentence": "See Tanguma, 47 S.W.3d at 678 (reporter’s failure to record bench conferences di... | 11,436,555 | b |
But appellant, who was present with counsel, did not object when panelists 114, 76, and 38 were disqualified, nor did he object when the fourth panelist interviewed at the bench was deemed qualified for service. Independent of any duty imposed on the court reporter by rule 13.1(a) to record the bench conferences, it wa... | {
"signal": "see",
"identifier": "47 S.W.3d 678, 678",
"parenthetical": "reporter's failure to record bench conferences did not excuse defendant from duty to properly preserve error in rulings on challenges for cause",
"sentence": "See Tanguma, 47 S.W.3d at 678 (reporter’s failure to record bench conferences di... | {
"signal": "see also",
"identifier": "3 S.W.3d 547, 562",
"parenthetical": "failure to object when panelist excused for cause forfeits issue on appeal",
"sentence": "P. 33.1; see also Mayo v. State, 4 S.W.3d 9, 12 (Tex.Crim. App.1999) (defendant must timely object or show significant harm from service by disqu... | 11,436,555 | a |
But appellant, who was present with counsel, did not object when panelists 114, 76, and 38 were disqualified, nor did he object when the fourth panelist interviewed at the bench was deemed qualified for service. Independent of any duty imposed on the court reporter by rule 13.1(a) to record the bench conferences, it wa... | {
"signal": "see",
"identifier": "47 S.W.3d 678, 678",
"parenthetical": "reporter's failure to record bench conferences did not excuse defendant from duty to properly preserve error in rulings on challenges for cause",
"sentence": "See Tanguma, 47 S.W.3d at 678 (reporter’s failure to record bench conferences di... | {
"signal": "see also",
"identifier": "726 S.W.2d 937, 950",
"parenthetical": "failure to object when panelist excused for economic hardship forfeits issue on appeal",
"sentence": "P. 33.1; see also Mayo v. State, 4 S.W.3d 9, 12 (Tex.Crim. App.1999) (defendant must timely object or show significant harm from se... | 11,436,555 | a |
Robert L. Stern et al., Supreme Court Practice SS 4.29, at 284 (8th ed.2002). Hence the Supreme Court's summary disposition in Cooper cannot be interpreted as endorsing the Oregon Supreme Court's reasoning, particularly since that reasoning flatly contradicts Widmar. | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that, even though a lower court's interpretation of a summary affirmance by the Supreme Court was \"plausible,\" it was improper because it would \"leave little vitality\" to an earlier Supreme Court decision",
"sentence": "See Fusari v. Steinberg... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"An unexplicated summary affirmance settles the issues for the parties, and is not to be read as a renunciation by this Court of doctrines previously announced in our opinions after full argument.\"",
"sentence": "See Fusari v. Steinberg, 419 U.S. 3... | 11,404,389 | a |
Robert L. Stern et al., Supreme Court Practice SS 4.29, at 284 (8th ed.2002). Hence the Supreme Court's summary disposition in Cooper cannot be interpreted as endorsing the Oregon Supreme Court's reasoning, particularly since that reasoning flatly contradicts Widmar. | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that, even though a lower court's interpretation of a summary affirmance by the Supreme Court was \"plausible,\" it was improper because it would \"leave little vitality\" to an earlier Supreme Court decision",
"sentence": "See Fusari v. Steinberg... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"An unexplicated summary affirmance settles the issues for the parties, and is not to be read as a renunciation by this Court of doctrines previously announced in our opinions after full argument.\"",
"sentence": "See Fusari v. Steinberg, 419 U.S. 3... | 11,404,389 | a |
Robert L. Stern et al., Supreme Court Practice SS 4.29, at 284 (8th ed.2002). Hence the Supreme Court's summary disposition in Cooper cannot be interpreted as endorsing the Oregon Supreme Court's reasoning, particularly since that reasoning flatly contradicts Widmar. | {
"signal": "see",
"identifier": null,
"parenthetical": "stating that, even though a lower court's interpretation of a summary affirmance by the Supreme Court was \"plausible,\" it was improper because it would \"leave little vitality\" to an earlier Supreme Court decision",
"sentence": "See Fusari v. Steinberg... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"An unexplicated summary affirmance settles the issues for the parties, and is not to be read as a renunciation by this Court of doctrines previously announced in our opinions after full argument.\"",
"sentence": "See Fusari v. Steinberg, 419 U.S. 3... | 11,404,389 | a |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "no signal",
"identifier": "979 F.2d 912, 916",
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that... | {
"signal": "see also",
"identifier": "456 U.S. 667, 679",
"parenthetical": "retrial after defense moves for mistrial barred by double jeopardy only where \"the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial\"",
"sentence": "United States v. Wal... | 7,627,225 | a |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "no signal",
"identifier": "979 F.2d 912, 916",
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that... | {
"signal": "see also",
"identifier": "102 S.Ct. 2083, 2091-92",
"parenthetical": "retrial after defense moves for mistrial barred by double jeopardy only where \"the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial\"",
"sentence": "United States ... | 7,627,225 | a |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "see also",
"identifier": null,
"parenthetical": "retrial after defense moves for mistrial barred by double jeopardy only where \"the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial\"",
"sentence": "United States v. Wallach, 979 F.2d ... | {
"signal": "no signal",
"identifier": "979 F.2d 912, 916",
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that... | 7,627,225 | b |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "no signal",
"identifier": "979 F.2d 912, 916",
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that... | {
"signal": "see also",
"identifier": "70 F.3d 706, 714-15",
"parenthetical": "when no evidence of prosecutorial misconduct, defendant's successful motion for mistrial does not trigger double jeopardy",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial misconduct... | 7,627,225 | a |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "see also",
"identifier": "456 U.S. 667, 679",
"parenthetical": "retrial after defense moves for mistrial barred by double jeopardy only where \"the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial\"",
"sentence": "United States v. Wal... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial ... | 7,627,225 | b |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial ... | {
"signal": "see also",
"identifier": "102 S.Ct. 2083, 2091-92",
"parenthetical": "retrial after defense moves for mistrial barred by double jeopardy only where \"the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial\"",
"sentence": "United States ... | 7,627,225 | a |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "see also",
"identifier": null,
"parenthetical": "retrial after defense moves for mistrial barred by double jeopardy only where \"the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial\"",
"sentence": "United States v. Wallach, 979 F.2d ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial ... | 7,627,225 | b |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "see also",
"identifier": "70 F.3d 706, 714-15",
"parenthetical": "when no evidence of prosecutorial misconduct, defendant's successful motion for mistrial does not trigger double jeopardy",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial misconduct... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial ... | 7,627,225 | b |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial ... | {
"signal": "see also",
"identifier": "456 U.S. 667, 679",
"parenthetical": "retrial after defense moves for mistrial barred by double jeopardy only where \"the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial\"",
"sentence": "United States v. Wal... | 7,627,225 | a |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial ... | {
"signal": "see also",
"identifier": "102 S.Ct. 2083, 2091-92",
"parenthetical": "retrial after defense moves for mistrial barred by double jeopardy only where \"the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial\"",
"sentence": "United States ... | 7,627,225 | a |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "see also",
"identifier": null,
"parenthetical": "retrial after defense moves for mistrial barred by double jeopardy only where \"the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial\"",
"sentence": "United States v. Wallach, 979 F.2d ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial ... | 7,627,225 | b |
Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misco... | {
"signal": "see also",
"identifier": "70 F.3d 706, 714-15",
"parenthetical": "when no evidence of prosecutorial misconduct, defendant's successful motion for mistrial does not trigger double jeopardy",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial misconduct... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met",
"sentence": "United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial ... | 7,627,225 | b |
Finally, the judge concluded that under governing law in the Lebanese Jaafarite Court, the mother would not have been awarded custody of the sons after the age of two had she sought custody in that court. These subsidiary and ultimate findings and rulings support a determination that the mother's agreement to give guar... | {
"signal": "cf.",
"identifier": "278 N.J. Super. 218, 222",
"parenthetical": "one-sided settlement agreement obtained in exchange for granting wife Jewish divorce was unenforceable as a product of duress",
"sentence": "Cf. Segal v. Segal, 278 N.J. Super. 218, 222 (1994) (one-sided settlement agreement obtained... | {
"signal": "see",
"identifier": "448 Mass. 629, 637",
"parenthetical": "\"It is well established that a contract entered into under duress is voidable\"",
"sentence": "See Cabot Corp. v. AVX Corp., 448 Mass. 629, 637 (2007) (“It is well established that a contract entered into under duress is voidable”). To av... | 3,840,961 | b |
Finally, the judge concluded that under governing law in the Lebanese Jaafarite Court, the mother would not have been awarded custody of the sons after the age of two had she sought custody in that court. These subsidiary and ultimate findings and rulings support a determination that the mother's agreement to give guar... | {
"signal": "see",
"identifier": "448 Mass. 629, 637",
"parenthetical": "\"It is well established that a contract entered into under duress is voidable\"",
"sentence": "See Cabot Corp. v. AVX Corp., 448 Mass. 629, 637 (2007) (“It is well established that a contract entered into under duress is voidable”). To av... | {
"signal": "cf.",
"identifier": "176 A.D.2d 20, 21-24",
"parenthetical": "wife compelled to enter into agreement by husband's invocation of his power to refuse to give her a Jewish divorce",
"sentence": "Cf. Segal v. Segal, 278 N.J. Super. 218, 222 (1994) (one-sided settlement agreement obtained in exchange fo... | 3,840,961 | a |
. Galbreath does not address the ALJ's adverse credibility determination. | {
"signal": "see also",
"identifier": null,
"parenthetical": "issue is deemed abandoned when it is not raised or discussed in brief",
"sentence": "See Tellez v. Barnhart, 403 F.3d 953, 957 (8th Cir.2005) (claimant failed to recognize that ALJ’s RFC determination was influenced by determination that her allegati... | {
"signal": "see",
"identifier": "403 F.3d 953, 957",
"parenthetical": "claimant failed to recognize that ALJ's RFC determination was influenced by determination that her allegations were less than credible",
"sentence": "See Tellez v. Barnhart, 403 F.3d 953, 957 (8th Cir.2005) (claimant failed to recognize tha... | 3,600,312 | b |
Third, the ALJ did not err in assessing the plaintiffs credibility with respect to her subjective complaints. The ALJ properly considered the record as a whole, including the available medical evidence and the nature and extent of the plaintiffs daily activities, in determining that the plaintiffs subjective complaints... | {
"signal": "see also",
"identifier": "67 F.3d 558, 565",
"parenthetical": "considering a plaintiffs daily activities as support for the ALJ's findings that the plaintiff was capable of performing past relevant work",
"sentence": "See Hollis v. Bowen, 837 F.2d 1378, 1384-85 (5th Cir.1988) (explaining that the l... | {
"signal": "see",
"identifier": "837 F.2d 1378, 1384-85",
"parenthetical": "explaining that the lack of objective factors supporting subjective allegations of pain were properly considered in determining credibility",
"sentence": "See Hollis v. Bowen, 837 F.2d 1378, 1384-85 (5th Cir.1988) (explaining that the ... | 3,779,126 | b |
This standard is strict -- courts have held that vague references in a contract to a general class of documents are not sufficient to incorporate an extrinsic document by reference in the contract. | {
"signal": "no signal",
"identifier": "3 F.Supp.3d 163, 163",
"parenthetical": "granting a motion to dismiss and finding that a statement in the contract at issue -- \"may contain other terms and conditions\" -- was not sufficient to incorporate extrinsic representations into the contract",
"sentence": "Ward, ... | {
"signal": "see also",
"identifier": "2007 WL 1288592, at *4",
"parenthetical": "denying motion for summary judgment and finding that a separate document containing additional terms and conditions was not incorporated by reference into the contract because the contract only made reference to the general \"regula... | 4,173,417 | a |
The "reasonable speculation" standard is materially different from the Jackson standard in that it prohibits convictions from resting on reasonable inferences drawn from the evidence. This new standard strongly disfavors circumstantial evidence, contrary to our long-standing recognition that a criminal conviction may r... | {
"signal": "see also",
"identifier": "329 F.3d 253, 261",
"parenthetical": "\"[W]e do not favor direct evidence over circumstantial evidence, as either type of evidence may satisfactorily support a conviction.\"",
"sentence": "See United States v. Rodríguez-Durán, 507 F.3d 749, 758 (1st Cir.2007) (“[Cjircumsta... | {
"signal": "see",
"identifier": "507 F.3d 749, 758",
"parenthetical": "\"[Cjircumstantial evidence alone may be sufficient to provide a basis for conviction.\"",
"sentence": "See United States v. Rodríguez-Durán, 507 F.3d 749, 758 (1st Cir.2007) (“[Cjircumstantial evidence alone may be sufficient to provide a ... | 4,042,335 | b |
Lindner had twenty-five years experience as a professional photographer when defendants hired him and defendants "do not question [plaintiffs] application of technical skill, which was the reason he was hired." (Defs.' Br. at 3; Munn Reply Aff. P 8.) The record is bereft of any evidence that defendants possessed any te... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "photographer is not merely a \"mechanical\" extension of hiring party",
"sentence": "See Marco, 969 F.2d at 1551 (noting that defendant although himself an art director had hired a' professional photographer because the photographer is “the person who mak... | {
"signal": "see",
"identifier": "969 F.2d 1551, 1551",
"parenthetical": "noting that defendant although himself an art director had hired a' professional photographer because the photographer is \"the person who makes the shot work,\" and describing the photographer as \"certainly skilled in the sense that Reid,... | 11,223,552 | b |
Consequently, in the "rare instances" where New York courts have recognized a claim for intentional infliction of emotional distress in the employment context, the claims have alleged not merely sexual harassment, but "more significantly, battery." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "affirming denial of motion to dismiss where plaintiff had been subjected to physical sexual contact, jokes, pornography, and erotica",
"sentence": "Gerzog v. London Fog Corp., 907 F.Supp. 590, 604 (E.D.N.Y.1995) (citing Foster v. Chase Manhattan Ban... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding that plaintiffs who alleged episodes of harassment, including \"minor physical abuse,\" had stated claims for intentional infliction of emotional distress",
"sentence": "Gerzog v. London Fog Corp., 907 F.Supp. 590, 604 (E.D.N.Y.1995) (citing ... | 11,532,480 | a |
Consequently, in the "rare instances" where New York courts have recognized a claim for intentional infliction of emotional distress in the employment context, the claims have alleged not merely sexual harassment, but "more significantly, battery." | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding that plaintiffs who alleged episodes of harassment, including \"minor physical abuse,\" had stated claims for intentional infliction of emotional distress",
"sentence": "Gerzog v. London Fog Corp., 907 F.Supp. 590, 604 (E.D.N.Y.1995) (citing ... | {
"signal": "no signal",
"identifier": "503 N.Y.S.2d 185, 186",
"parenthetical": "affirming denial of motion to dismiss where plaintiff had been subjected to physical sexual contact, jokes, pornography, and erotica",
"sentence": "Gerzog v. London Fog Corp., 907 F.Supp. 590, 604 (E.D.N.Y.1995) (citing Foster v. ... | 11,532,480 | b |
Consequently, in the "rare instances" where New York courts have recognized a claim for intentional infliction of emotional distress in the employment context, the claims have alleged not merely sexual harassment, but "more significantly, battery." | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding that plaintiffs who alleged episodes of harassment, including \"minor physical abuse,\" had stated claims for intentional infliction of emotional distress",
"sentence": "Gerzog v. London Fog Corp., 907 F.Supp. 590, 604 (E.D.N.Y.1995) (citing ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "holding that \"a pattern of behavior that continually put [plaintiff] in embarrassing, humiliating and demeaning positions\" that included sexual harassment and battery \"might well rise to the level of outrageous\"",
"sentence": "Gerzog v. London F... | 11,532,480 | b |
Consequently, in the "rare instances" where New York courts have recognized a claim for intentional infliction of emotional distress in the employment context, the claims have alleged not merely sexual harassment, but "more significantly, battery." | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding that plaintiffs who alleged episodes of harassment, including \"minor physical abuse,\" had stated claims for intentional infliction of emotional distress",
"sentence": "Gerzog v. London Fog Corp., 907 F.Supp. 590, 604 (E.D.N.Y.1995) (citing ... | {
"signal": "no signal",
"identifier": "600 N.Y.S.2d 884, 885-86",
"parenthetical": "holding that \"a pattern of behavior that continually put [plaintiff] in embarrassing, humiliating and demeaning positions\" that included sexual harassment and battery \"might well rise to the level of outrageous\"",
"sentence... | 11,532,480 | b |
"Our determination that the statutes must be construed to require a hearing before the employment of a person who has once acquired status as a tenure teacher can be terminated also finds support in constitutional principles. A tenure teacher has a property right in continued employment. | {
"signal": "cf.",
"identifier": "408 U.S. 564, 576-78",
"parenthetical": "teacher without tenure and without contractual right to renewal of employment has no protectible interest in reemployment",
"sentence": "Howell v. Woodlin School Dist. R-104, 198 Colo. 40, 45-46, 596 P.2d 56, 60 (1979); accord Slochower ... | {
"signal": "see also",
"identifier": "688 P.2d 219, 227-28",
"parenthetical": "irregular procedures violated tenure teacher's 'due process right to a fair and impartial determination by the board.'",
"sentence": "Howell v. Woodlin School Dist. R-104, 198 Colo. 40, 45-46, 596 P.2d 56, 60 (1979); accord Slochowe... | 7,042,298 | b |
"Our determination that the statutes must be construed to require a hearing before the employment of a person who has once acquired status as a tenure teacher can be terminated also finds support in constitutional principles. A tenure teacher has a property right in continued employment. | {
"signal": "cf.",
"identifier": "92 S.Ct. 2701, 2708-10",
"parenthetical": "teacher without tenure and without contractual right to renewal of employment has no protectible interest in reemployment",
"sentence": "Howell v. Woodlin School Dist. R-104, 198 Colo. 40, 45-46, 596 P.2d 56, 60 (1979); accord Slochowe... | {
"signal": "see also",
"identifier": "688 P.2d 219, 227-28",
"parenthetical": "irregular procedures violated tenure teacher's 'due process right to a fair and impartial determination by the board.'",
"sentence": "Howell v. Woodlin School Dist. R-104, 198 Colo. 40, 45-46, 596 P.2d 56, 60 (1979); accord Slochowe... | 7,042,298 | b |
"Our determination that the statutes must be construed to require a hearing before the employment of a person who has once acquired status as a tenure teacher can be terminated also finds support in constitutional principles. A tenure teacher has a property right in continued employment. | {
"signal": "see also",
"identifier": "688 P.2d 219, 227-28",
"parenthetical": "irregular procedures violated tenure teacher's 'due process right to a fair and impartial determination by the board.'",
"sentence": "Howell v. Woodlin School Dist. R-104, 198 Colo. 40, 45-46, 596 P.2d 56, 60 (1979); accord Slochowe... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "teacher without tenure and without contractual right to renewal of employment has no protectible interest in reemployment",
"sentence": "Howell v. Woodlin School Dist. R-104, 198 Colo. 40, 45-46, 596 P.2d 56, 60 (1979); accord Slochower v. Board of Educ.,... | 7,042,298 | a |
However, in the Second Circuit, that deference is diminished when "plain tiff is a corporation doing business abroad and can expect to litigate in foreign courts." | {
"signal": "see also",
"identifier": "1993 WL 227663, at *4",
"parenthetical": "notwithstanding plaintiffs American citizenship and residency, dismissal in favor of Greece is warranted because operative facts on which the litigation was based bore little connection to New York",
"sentence": "See also Zweig, 19... | {
"signal": "no signal",
"identifier": "224 F.3d 147, 147",
"parenthetical": "\"The private interest of plaintiffs in suing in its [sic] home location is diluted because it chose to do business with Japanese firms and to seek their custom, making it logical that they be required to litigate there, a result which ... | 3,693,227 | b |
However, in the Second Circuit, that deference is diminished when "plain tiff is a corporation doing business abroad and can expect to litigate in foreign courts." | {
"signal": "no signal",
"identifier": "158 F.R.D. 285, 287",
"parenthetical": "\"The private interest of plaintiffs in suing in its [sic] home location is diluted because it chose to do business with Japanese firms and to seek their custom, making it logical that they be required to litigate there, a result whic... | {
"signal": "see also",
"identifier": "1993 WL 227663, at *4",
"parenthetical": "notwithstanding plaintiffs American citizenship and residency, dismissal in favor of Greece is warranted because operative facts on which the litigation was based bore little connection to New York",
"sentence": "See also Zweig, 19... | 3,693,227 | a |
However, in the Second Circuit, that deference is diminished when "plain tiff is a corporation doing business abroad and can expect to litigate in foreign courts." | {
"signal": "see also",
"identifier": "1993 WL 227663, at *4",
"parenthetical": "notwithstanding plaintiffs American citizenship and residency, dismissal in favor of Greece is warranted because operative facts on which the litigation was based bore little connection to New York",
"sentence": "See also Zweig, 19... | {
"signal": "no signal",
"identifier": "801 F.Supp. 1073, 1073",
"parenthetical": "'Where an American plaintiff chooses to invest in a foreign country and then complains of fraudulent acts occurring primarily in that country, the plaintiffs ability to rely upon citizenship as a talisman against forum non con-veni... | 3,693,227 | b |
The second Pacific Indemnity factor incorporated into the Johnson analysis is the distinction between repairs and capital improvements. Because a delivery system on the whole is routinely subject to modification or expansion, these changes are considered repairs to the ongoing service, and not capital improvements for ... | {
"signal": "see",
"identifier": "469 N.W.2d 519, 519",
"parenthetical": "noting that alleged improvements were designed to meet needs of cooperative distribution system",
"sentence": "See Johnson, 469 N.W.2d at 519 (noting that alleged improvements were designed to meet needs of cooperative distribution system... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that claim in Johnson involved alleged improvements that \"were part of a larger distribution system ... installed for the benefit of the power cooperative\"",
"sentence": "See Johnson, 469 N.W.2d at 519 (noting that alleged improvements were ... | 8,210,668 | a |
This approach had been followed in other circuits. In instances of joint occupancy in which the government fails to demonstrate a nexus between the defendant and the contraband, they have concluded that the government's evidence of constructive possession was insufficient. | {
"signal": "see",
"identifier": "957 F.2d 106, 107-08",
"parenthetical": "rejecting the government's contention that the defendant constructively possessed a pistol underneath his seat when the only evidence of a nexus was an officer's testimony that the defendant dipped his shoulder as the officer approached ",... | {
"signal": "cf.",
"identifier": "968 F.2d 1393, 1396",
"parenthetical": "concluding that there was sufficient evidence that the defendant constructively possessed a pistol discovered behind the front seats of a van in which he was a passenger when the government presented testimony that the pistol had been taken... | 11,170,977 | a |
This approach had been followed in other circuits. In instances of joint occupancy in which the government fails to demonstrate a nexus between the defendant and the contraband, they have concluded that the government's evidence of constructive possession was insufficient. | {
"signal": "cf.",
"identifier": "968 F.2d 1393, 1396",
"parenthetical": "concluding that there was sufficient evidence that the defendant constructively possessed a pistol discovered behind the front seats of a van in which he was a passenger when the government presented testimony that the pistol had been taken... | {
"signal": "see",
"identifier": "942 F.2d 680, 681-82",
"parenthetical": "rejecting government's argument, offered in support of a sentencing enhancement, that the defendant passenger constructively possessed a gun discovered behind the driver's seat because \"[although [the defendant] may have had access to the... | 11,170,977 | b |
This approach had been followed in other circuits. In instances of joint occupancy in which the government fails to demonstrate a nexus between the defendant and the contraband, they have concluded that the government's evidence of constructive possession was insufficient. | {
"signal": "cf.",
"identifier": "968 F.2d 1393, 1396",
"parenthetical": "concluding that there was sufficient evidence that the defendant constructively possessed a pistol discovered behind the front seats of a van in which he was a passenger when the government presented testimony that the pistol had been taken... | {
"signal": "see",
"identifier": "629 F.2d 136, 142-43",
"parenthetical": "finding evidence sufficient that the defendant driver, who owned the car, constructively possessed pistols under the driver's and passenger's seats but holding that the evidence was insufficient as to the defendant passenger",
"sentence"... | 11,170,977 | b |
It was a statutory adoption. More importantly, even if the proceedings had been in equity, that would not have given the trial court authority to require the Tribes to pay the attorney fees. | {
"signal": "no signal",
"identifier": "110 Idaho 57, 61",
"parenthetical": "in an action in equity for relief from a judgment, attorney fees could only be awarded if authorized by statute",
"sentence": "Golder v. Golder, 110 Idaho 57, 61, 714 P.2d 26, 80 (1986) (in an action in equity for relief from a judgmen... | {
"signal": "see also",
"identifier": "141 Idaho 688, 696",
"parenthetical": "provision in Idaho Code section 72-708 that the practice and procedure under the worker's compensation law be simple and \"as far as possible in accord with the rules of equity\" did not authorize the awarding of attorney fees",
"sent... | 4,188,996 | a |
It was a statutory adoption. More importantly, even if the proceedings had been in equity, that would not have given the trial court authority to require the Tribes to pay the attorney fees. | {
"signal": "see also",
"identifier": "116 P.3d 18, 26",
"parenthetical": "provision in Idaho Code section 72-708 that the practice and procedure under the worker's compensation law be simple and \"as far as possible in accord with the rules of equity\" did not authorize the awarding of attorney fees",
"sentenc... | {
"signal": "no signal",
"identifier": "110 Idaho 57, 61",
"parenthetical": "in an action in equity for relief from a judgment, attorney fees could only be awarded if authorized by statute",
"sentence": "Golder v. Golder, 110 Idaho 57, 61, 714 P.2d 26, 80 (1986) (in an action in equity for relief from a judgmen... | 4,188,996 | b |
It was a statutory adoption. More importantly, even if the proceedings had been in equity, that would not have given the trial court authority to require the Tribes to pay the attorney fees. | {
"signal": "see also",
"identifier": "125 Idaho 789, 791",
"parenthetical": "trial court had no authority to award attorney fees to a party on the ground that the court was \"[ajcting as a court of equity,\" because in Idaho \"there is no equitable authority to award attorney fees generally\"",
"sentence": "Go... | {
"signal": "no signal",
"identifier": "110 Idaho 57, 61",
"parenthetical": "in an action in equity for relief from a judgment, attorney fees could only be awarded if authorized by statute",
"sentence": "Golder v. Golder, 110 Idaho 57, 61, 714 P.2d 26, 80 (1986) (in an action in equity for relief from a judgmen... | 4,188,996 | b |
It was a statutory adoption. More importantly, even if the proceedings had been in equity, that would not have given the trial court authority to require the Tribes to pay the attorney fees. | {
"signal": "no signal",
"identifier": "110 Idaho 57, 61",
"parenthetical": "in an action in equity for relief from a judgment, attorney fees could only be awarded if authorized by statute",
"sentence": "Golder v. Golder, 110 Idaho 57, 61, 714 P.2d 26, 80 (1986) (in an action in equity for relief from a judgmen... | {
"signal": "see also",
"identifier": "874 P.2d 600, 602",
"parenthetical": "trial court had no authority to award attorney fees to a party on the ground that the court was \"[ajcting as a court of equity,\" because in Idaho \"there is no equitable authority to award attorney fees generally\"",
"sentence": "Gol... | 4,188,996 | a |
It was a statutory adoption. More importantly, even if the proceedings had been in equity, that would not have given the trial court authority to require the Tribes to pay the attorney fees. | {
"signal": "see also",
"identifier": "141 Idaho 688, 696",
"parenthetical": "provision in Idaho Code section 72-708 that the practice and procedure under the worker's compensation law be simple and \"as far as possible in accord with the rules of equity\" did not authorize the awarding of attorney fees",
"sent... | {
"signal": "no signal",
"identifier": "714 P.2d 26, 80",
"parenthetical": "in an action in equity for relief from a judgment, attorney fees could only be awarded if authorized by statute",
"sentence": "Golder v. Golder, 110 Idaho 57, 61, 714 P.2d 26, 80 (1986) (in an action in equity for relief from a judgment... | 4,188,996 | b |
It was a statutory adoption. More importantly, even if the proceedings had been in equity, that would not have given the trial court authority to require the Tribes to pay the attorney fees. | {
"signal": "see also",
"identifier": "116 P.3d 18, 26",
"parenthetical": "provision in Idaho Code section 72-708 that the practice and procedure under the worker's compensation law be simple and \"as far as possible in accord with the rules of equity\" did not authorize the awarding of attorney fees",
"sentenc... | {
"signal": "no signal",
"identifier": "714 P.2d 26, 80",
"parenthetical": "in an action in equity for relief from a judgment, attorney fees could only be awarded if authorized by statute",
"sentence": "Golder v. Golder, 110 Idaho 57, 61, 714 P.2d 26, 80 (1986) (in an action in equity for relief from a judgment... | 4,188,996 | b |
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