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Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "no signal",
"identifier": "109 N.J. 187, 187",
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasona... | {
"signal": "see also",
"identifier": null,
"parenthetical": "obtaining search warrant and manner of its execution were both objectively unreasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer could have believed that defendant police detective had probable... | 340,338 | a |
Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "no signal",
"identifier": "109 N.J. 187, 187",
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasona... | {
"signal": "see also",
"identifier": "242 N.J.Super. 148, 159",
"parenthetical": "probable cause existed for warrant for search of plaintiffs home but manner in which search was conducted was objectively unreasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable offi... | 340,338 | a |
Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "see also",
"identifier": null,
"parenthetical": "probable cause existed for warrant for search of plaintiffs home but manner in which search was conducted was objectively unreasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer could have believ... | {
"signal": "no signal",
"identifier": "109 N.J. 187, 187",
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasona... | 340,338 | b |
Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer cou... | {
"signal": "see also",
"identifier": "305 N.J.Super. 365, 373",
"parenthetical": "corrections officers' arrest of plaintiff, a former inmate, seen on or near state prison grounds, was objectively reasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer could ... | 340,338 | a |
Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "see also",
"identifier": null,
"parenthetical": "corrections officers' arrest of plaintiff, a former inmate, seen on or near state prison grounds, was objectively reasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer could have believed that de... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer cou... | 340,338 | b |
Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "see also",
"identifier": "284 N.J.Super. 639, 651",
"parenthetical": "obtaining search warrant and manner of its execution were both objectively unreasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer could have believed that defendant police d... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer cou... | 340,338 | b |
Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer cou... | {
"signal": "see also",
"identifier": null,
"parenthetical": "obtaining search warrant and manner of its execution were both objectively unreasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer could have believed that defendant police detective had probable... | 340,338 | a |
Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer cou... | {
"signal": "see also",
"identifier": null,
"parenthetical": "obtaining search warrant and manner of its execution were both objectively unreasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer could have believed that defendant police detective had probable... | 340,338 | a |
Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "see also",
"identifier": null,
"parenthetical": "obtaining search warrant and manner of its execution were both objectively unreasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer could have believed that defendant police detective had probable... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer cou... | 340,338 | b |
Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "see also",
"identifier": "242 N.J.Super. 148, 159",
"parenthetical": "probable cause existed for warrant for search of plaintiffs home but manner in which search was conducted was objectively unreasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable offi... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer cou... | 340,338 | b |
Our Supreme Court adopted the federal "objective reasonableness" standard when determining whether a law enforcement officer is entitled to qualified immunity. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "a reasonable officer could have believed that defendant police detective had probable cause to arrest plaintiff for scalding his girlfriend's child",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer cou... | {
"signal": "see also",
"identifier": null,
"parenthetical": "probable cause existed for warrant for search of plaintiffs home but manner in which search was conducted was objectively unreasonable",
"sentence": "Kirk v. City of Newark, supra, 109 N.J. at 187, 536 A.2d 229 (a reasonable officer could have believ... | 340,338 | a |
At that time, preference eligible veterans, including preference eligible FBI employees, already had the right to appeal their removal to the Civil Service Commission under Section 14 the Veterans' Preference Act of 1944, 58 Stat. 390, as amended 61 Stat. 723 ("[A] preference eligible ... shall have the right to appeal... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "\"Because of the exemption of the FBI from the civil service laws, the Bureau is generally free to discharge its employees for any reasons it chooses,\" but \"like any other employer, the FBI is subject to the provisions of SS 9(c",
"sentence": "Cf. Carte... | {
"signal": "see",
"identifier": "510 F.2d 1232, 1236",
"parenthetical": "discussing preference eligible FBI agent's rights under the Veterans Preference Act",
"sentence": "See id. (granting appeal rights to preference eligible employees “in any establishment, agency, bureau, administration, project, or departm... | 4,146,655 | b |
The facts here are markedly different: the plaintiffs have alleged that Wojcik and Savage violated Pauluk's constitutional rights by moving him into a municipal building where he was exposed to toxic mold over the course of several years -- along with countless other employees, including the defendants. Wojcik and Sava... | {
"signal": "see also",
"identifier": "340 F.3d 952, 957",
"parenthetical": "\"[I]n each of the cases in which we have applied the danger-creation exception, ultimate injury to the plaintiff was foreseeable.\"",
"sentence": "See, e.g., Patel, 648 F.3d at 976 (holding no rational fact finder could conclude that ... | {
"signal": "see",
"identifier": "648 F.3d 976, 976",
"parenthetical": "holding no rational fact finder could conclude that a teacher acted with deliberate indifference to her student's well-being because the teacher \"did not know there was any immediate danger in allowing [the plaintiff] to briefly use the next... | 4,353,975 | b |
The facts here are markedly different: the plaintiffs have alleged that Wojcik and Savage violated Pauluk's constitutional rights by moving him into a municipal building where he was exposed to toxic mold over the course of several years -- along with countless other employees, including the defendants. Wojcik and Sava... | {
"signal": "see",
"identifier": "147 F.3d 1054, 1061",
"parenthetical": "finding no liability where an individual was shot during a barroom brawl' by an off-duty deputy on the grounds that the injury was an unforeseeable consequence of a county policy requiring off-duty officers to carry a firearm",
"sentence"... | {
"signal": "see also",
"identifier": "340 F.3d 952, 957",
"parenthetical": "\"[I]n each of the cases in which we have applied the danger-creation exception, ultimate injury to the plaintiff was foreseeable.\"",
"sentence": "See, e.g., Patel, 648 F.3d at 976 (holding no rational fact finder could conclude that ... | 4,353,975 | a |
Safety of the community is implicated not only by violence, but also by narcotics trafficking. In cases involving the instant drug offenses, the danger to the community is the likelihood that the defendant will, if released, traffic in illicit drugs. | {
"signal": "see",
"identifier": "788 F.2d 100, 111",
"parenthetical": "danger to community arises from the likelihood that the defendant will, if released, commit one of the proscribed federal offenses",
"sentence": "See United States v. Perry, 788 F.2d 100, 111 (3d Cir.1986)(danger to community arises from th... | {
"signal": "cf.",
"identifier": "775 F.2d 504, 507",
"parenthetical": "statutory language unequivocably establishes that Congress intended to equate traffic in drugs with a danger to the community",
"sentence": "Cf. United States v. Strong, 775 F.2d 504, 507 (3d Cir.1985)(statutory language unequivocably estab... | 3,992,370 | a |
Martin does not dispute that had he been in attendance, he would have been permitted to have his attorney present, confront the witnesses who testified, and call witnesses to speak on his behalf. While he alludes to possible problems with notice for the May 3 hearing, the Court finds that Defendants' repeated attempts ... | {
"signal": "cf.",
"identifier": "375 F.3d 480, 480-81",
"parenthetical": "post-termination proceedings require, at a minimum \" 'that the discharged employee be permitted to attend the hearing, to have the assistance of counsel, to call witnesses and produce evidence on his own behalf, and to know and have an op... | {
"signal": "see",
"identifier": "409 F.3d 279, 285",
"parenthetical": "Constitution only requires notice that is \"reasonably calculated\" to apprise party of action",
"sentence": "See Karkoukli’s, Inc. v. Dohany, 409 F.3d 279, 285 (6th Cir.2005) (Constitution only requires notice that is “reasonably calculate... | 4,311,280 | b |
Martin does not dispute that had he been in attendance, he would have been permitted to have his attorney present, confront the witnesses who testified, and call witnesses to speak on his behalf. While he alludes to possible problems with notice for the May 3 hearing, the Court finds that Defendants' repeated attempts ... | {
"signal": "cf.",
"identifier": "767 F.2d 273, 273",
"parenthetical": "post-termination proceedings require, at a minimum \" 'that the discharged employee be permitted to attend the hearing, to have the assistance of counsel, to call witnesses and produce evidence on his own behalf, and to know and have an oppor... | {
"signal": "see",
"identifier": "409 F.3d 279, 285",
"parenthetical": "Constitution only requires notice that is \"reasonably calculated\" to apprise party of action",
"sentence": "See Karkoukli’s, Inc. v. Dohany, 409 F.3d 279, 285 (6th Cir.2005) (Constitution only requires notice that is “reasonably calculate... | 4,311,280 | b |
First, McDonough has not pointed us to any evidence to establish that she was substantially limited in the major life activity of working. "Working can be considered a major life activity." | {
"signal": "see also",
"identifier": "301 F.3d 866, 869",
"parenthetical": "\"The number of Americans restricted by back problems to light work is legion. They are not disabled.\"",
"sentence": "See, e.g., Whitlock v. Mac-Gray, Inc., 345 F.3d 44, 46 (1st Cir.2003) (holding that plaintiff could not show that he... | {
"signal": "see",
"identifier": "345 F.3d 44, 46",
"parenthetical": "holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment",
"sentence": "See, e.g., Whitlock v. Mac-Gray, Inc., 345 F.3d 44, 46 (1st Cir.2003) (holding that plaintiff could ... | 3,740,477 | b |
Defendant also states incompletely the law on. publication of opinions ac companied by full disclosure of the facts on which they are based. Defendant is correct that "when an author outlines the facts available to him, thus making it clear that the challenged statements represent his own interpretation of those facts ... | {
"signal": "no signal",
"identifier": "145 F.3d 1067, 1067",
"parenthetical": "noting that opinions based on disclosed facts are not actionable \"where the underlying facts are not actionable because they are nondefa-matory\" and \"where [the underlying facts] are not actionable because there is an absence of ac... | {
"signal": "see",
"identifier": "58 F.Supp.2d 1122, 1122",
"parenthetical": "dismissing Johnnie Cochran, Esq.'s suit against the New York Post, because the statement \"history reveals that [Cochran] will say or do just about anything to win, typically at the expense of truth\" was based upon disclosed facts, and... | 9,228,101 | a |
Defendant also states incompletely the law on. publication of opinions ac companied by full disclosure of the facts on which they are based. Defendant is correct that "when an author outlines the facts available to him, thus making it clear that the challenged statements represent his own interpretation of those facts ... | {
"signal": "no signal",
"identifier": "145 F.3d 1067, 1067",
"parenthetical": "noting that opinions based on disclosed facts are not actionable \"where the underlying facts are not actionable because they are nondefa-matory\" and \"where [the underlying facts] are not actionable because there is an absence of ac... | {
"signal": "see",
"identifier": "164 Misc.2d 557, 563",
"parenthetical": "dismissing complaint of Bernhard Goetz against William Kunstler, Esq., in part because Mr. Kunstler's \"description of Goetz as a 'murderous vigilante' would be understood as an opinion, a mere hypothesis based upon facts both widely known... | 9,228,101 | a |
Defendant also states incompletely the law on. publication of opinions ac companied by full disclosure of the facts on which they are based. Defendant is correct that "when an author outlines the facts available to him, thus making it clear that the challenged statements represent his own interpretation of those facts ... | {
"signal": "no signal",
"identifier": "145 F.3d 1067, 1067",
"parenthetical": "noting that opinions based on disclosed facts are not actionable \"where the underlying facts are not actionable because they are nondefa-matory\" and \"where [the underlying facts] are not actionable because there is an absence of ac... | {
"signal": "see",
"identifier": null,
"parenthetical": "dismissing complaint of Bernhard Goetz against William Kunstler, Esq., in part because Mr. Kunstler's \"description of Goetz as a 'murderous vigilante' would be understood as an opinion, a mere hypothesis based upon facts both widely known and fully set for... | 9,228,101 | a |
Defendant also states incompletely the law on. publication of opinions ac companied by full disclosure of the facts on which they are based. Defendant is correct that "when an author outlines the facts available to him, thus making it clear that the challenged statements represent his own interpretation of those facts ... | {
"signal": "see",
"identifier": "58 F.Supp.2d 1122, 1122",
"parenthetical": "dismissing Johnnie Cochran, Esq.'s suit against the New York Post, because the statement \"history reveals that [Cochran] will say or do just about anything to win, typically at the expense of truth\" was based upon disclosed facts, and... | {
"signal": "no signal",
"identifier": "10 Cal.Rptr.3d 438, 438",
"parenthetical": "\"Where, as here, an author writing about a controversial occurrence fairly describes the general events involved and offers his own personal perspective about some of its ambiguities and disputed facts, his statements should gene... | 9,228,101 | b |
Defendant also states incompletely the law on. publication of opinions ac companied by full disclosure of the facts on which they are based. Defendant is correct that "when an author outlines the facts available to him, thus making it clear that the challenged statements represent his own interpretation of those facts ... | {
"signal": "see",
"identifier": "164 Misc.2d 557, 563",
"parenthetical": "dismissing complaint of Bernhard Goetz against William Kunstler, Esq., in part because Mr. Kunstler's \"description of Goetz as a 'murderous vigilante' would be understood as an opinion, a mere hypothesis based upon facts both widely known... | {
"signal": "no signal",
"identifier": "10 Cal.Rptr.3d 438, 438",
"parenthetical": "\"Where, as here, an author writing about a controversial occurrence fairly describes the general events involved and offers his own personal perspective about some of its ambiguities and disputed facts, his statements should gene... | 9,228,101 | b |
Defendant also states incompletely the law on. publication of opinions ac companied by full disclosure of the facts on which they are based. Defendant is correct that "when an author outlines the facts available to him, thus making it clear that the challenged statements represent his own interpretation of those facts ... | {
"signal": "see",
"identifier": null,
"parenthetical": "dismissing complaint of Bernhard Goetz against William Kunstler, Esq., in part because Mr. Kunstler's \"description of Goetz as a 'murderous vigilante' would be understood as an opinion, a mere hypothesis based upon facts both widely known and fully set for... | {
"signal": "no signal",
"identifier": "10 Cal.Rptr.3d 438, 438",
"parenthetical": "\"Where, as here, an author writing about a controversial occurrence fairly describes the general events involved and offers his own personal perspective about some of its ambiguities and disputed facts, his statements should gene... | 9,228,101 | b |
Defendant also states incompletely the law on. publication of opinions ac companied by full disclosure of the facts on which they are based. Defendant is correct that "when an author outlines the facts available to him, thus making it clear that the challenged statements represent his own interpretation of those facts ... | {
"signal": "see",
"identifier": "58 F.Supp.2d 1122, 1122",
"parenthetical": "dismissing Johnnie Cochran, Esq.'s suit against the New York Post, because the statement \"history reveals that [Cochran] will say or do just about anything to win, typically at the expense of truth\" was based upon disclosed facts, and... | {
"signal": "no signal",
"identifier": "56 F.3d 1154, 1154",
"parenthetical": "\"Where, as here, an author writing about a controversial occurrence fairly describes the general events involved and offers his own personal perspective about some of its ambiguities and disputed facts, his statements should generally... | 9,228,101 | b |
Defendant also states incompletely the law on. publication of opinions ac companied by full disclosure of the facts on which they are based. Defendant is correct that "when an author outlines the facts available to him, thus making it clear that the challenged statements represent his own interpretation of those facts ... | {
"signal": "see",
"identifier": "164 Misc.2d 557, 563",
"parenthetical": "dismissing complaint of Bernhard Goetz against William Kunstler, Esq., in part because Mr. Kunstler's \"description of Goetz as a 'murderous vigilante' would be understood as an opinion, a mere hypothesis based upon facts both widely known... | {
"signal": "no signal",
"identifier": "56 F.3d 1154, 1154",
"parenthetical": "\"Where, as here, an author writing about a controversial occurrence fairly describes the general events involved and offers his own personal perspective about some of its ambiguities and disputed facts, his statements should generally... | 9,228,101 | b |
Defendant also states incompletely the law on. publication of opinions ac companied by full disclosure of the facts on which they are based. Defendant is correct that "when an author outlines the facts available to him, thus making it clear that the challenged statements represent his own interpretation of those facts ... | {
"signal": "see",
"identifier": null,
"parenthetical": "dismissing complaint of Bernhard Goetz against William Kunstler, Esq., in part because Mr. Kunstler's \"description of Goetz as a 'murderous vigilante' would be understood as an opinion, a mere hypothesis based upon facts both widely known and fully set for... | {
"signal": "no signal",
"identifier": "56 F.3d 1154, 1154",
"parenthetical": "\"Where, as here, an author writing about a controversial occurrence fairly describes the general events involved and offers his own personal perspective about some of its ambiguities and disputed facts, his statements should generally... | 9,228,101 | b |
The BIA did not abuse its discretion in denying Anaya Morales' motion to remand because he failed to show he was prejudiced by his counsels' performance. | {
"signal": "see",
"identifier": "339 F.3d 814, 826-28",
"parenthetical": "no prejudice where motion failed to present plausible grounds for relief",
"sentence": "See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826-28 (9th Cir.2003) (no prejudice where motion failed to present plausible grounds for relief); see als... | {
"signal": "see also",
"identifier": "622 F.3d 1016, 1016",
"parenthetical": "\"An alien's desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground.\"",
"sentence": "See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826-28 (9th Cir.2003... | 4,113,782 | a |
Having determined that Ries was seized, we turn to whether the pat search falls within an exception to the warrant requirement. The district court concluded that the search fell within the emergency-aid exception. | {
"signal": "see",
"identifier": "726 N.W.2d 783, 788-90",
"parenthetical": "holding warrantless entry of residence was justified by need to search for intruders or injured occupants",
"sentence": "See State v. Lemieux, 726 N.W.2d 783, 788-90 (Minn. 2007) (holding warrantless entry of residence was justified by... | {
"signal": "see also",
"identifier": "698 N.W.2d 23, 23",
"parenthetical": "concluding war-rantless seizure of unconscious driver was justified by emergency-aid exception",
"sentence": "See State v. Lemieux, 726 N.W.2d 783, 788-90 (Minn. 2007) (holding warrantless entry of residence was justified by need to se... | 12,188,704 | a |
13. In seeking to satisfy legitimate tax debts, the government may levy on property held by a corporation or other business entity, when the corporation or other business entity is determined to be the alter ego or nominee of the taxpayer. | {
"signal": "see also",
"identifier": null,
"parenthetical": "church was the alter ego of the taxpayer and could be levied on to satisfy taxpayer's delinquent taxes",
"sentence": "Valley Fin., Inc. v. United States, 629 F.2d 162, 171 (D.C.Cir.1980) (corporation was not considered to be a separate entity for tax... | {
"signal": "no signal",
"identifier": "629 F.2d 162, 171",
"parenthetical": "corporation was not considered to be a separate entity for tax purposes since it was the alter ego of the taxpayer",
"sentence": "Valley Fin., Inc. v. United States, 629 F.2d 162, 171 (D.C.Cir.1980) (corporation was not considered to ... | 7,413,155 | b |
13. In seeking to satisfy legitimate tax debts, the government may levy on property held by a corporation or other business entity, when the corporation or other business entity is determined to be the alter ego or nominee of the taxpayer. | {
"signal": "no signal",
"identifier": "629 F.2d 162, 171",
"parenthetical": "corporation was not considered to be a separate entity for tax purposes since it was the alter ego of the taxpayer",
"sentence": "Valley Fin., Inc. v. United States, 629 F.2d 162, 171 (D.C.Cir.1980) (corporation was not considered to ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "although legal title was in the name of Helen Williams, she held title as the nominee of her son",
"sentence": "Valley Fin., Inc. v. United States, 629 F.2d 162, 171 (D.C.Cir.1980) (corporation was not considered to be a separate entity for tax purpo... | 7,413,155 | a |
The question of prejudice is one for the trier of fact, with each case resting upon its own merits. However, a reasonable factfinder, believing that promises conditioned upon timely performance should be kept when made, could have determined that the loss was not enough to warrant granting Ocean Atlantic's motion for s... | {
"signal": "see also",
"identifier": "129 N.E. 891, 891",
"parenthetical": "suggesting that eccentric homeowner who insists on using Reading pipe should not be forced to accept Cohoes pipe that general contractor believes is \"just as good\"",
"sentence": "See Kansas Bankers, 963 F.2d at 294 (parties “who have... | {
"signal": "see",
"identifier": "963 F.2d 294, 294",
"parenthetical": "parties \"who have bargained for strict compliance with specific time requirements ... inherently are prejudiced by noncompliance\" with those deadlines",
"sentence": "See Kansas Bankers, 963 F.2d at 294 (parties “who have bargained for str... | 9,507,422 | b |
In further contrast to Dubria, any curative statement made by the judge was not sufficient to avoid the injurious !effect on the verdict. Given the highly inflammatory content of the tape suggesting that the medical evidence was far more conclusive than it actually was, even with a curative instruction, the injurious e... | {
"signal": "cf.",
"identifier": "224 F.3d 1002, 1002",
"parenthetical": "\"This is not a case in which the statements at issue are so clearly prejudicial that a curative instruction could not mitigate their effect.\"",
"sentence": "See United States v. Gillespie, 852 F.2d 475, 479 (9th Cir.1988) (finding under... | {
"signal": "see",
"identifier": "852 F.2d 475, 479",
"parenthetical": "finding under the circumstances that \"the trial court's curative instruction to the jury was not sufficient to obviate the prejudice\"",
"sentence": "See United States v. Gillespie, 852 F.2d 475, 479 (9th Cir.1988) (finding under the circu... | 1,546,990 | b |
A claim of unconstitutional shackling is subject to a harmless error analysis. In order to succeed on such claim, a defendant must show prejudice, that is, "a substantial or injurious effect or influence on the jury's verdict." | {
"signal": "no signal",
"identifier": "135 Wn.2d 888, 888",
"parenthetical": "defendant's mere appearance in handcuffs during jury selection does not indicate the incident \"inflamed or prejudiced\" the jurors against him",
"sentence": "Hutchinson, 135 Wn.2d at 888. Accord State v. Early, 70 Wn. App. 452, 462,... | {
"signal": "see also",
"identifier": "33 Wn. App. 435, 435",
"parenthetical": "it is not reversible error simply because jurors see a defendant wearing shackles",
"sentence": "See also Gosser, 33 Wn. App. at 435 (it is not reversible error simply because jurors see a defendant wearing shackles)."
} | 99,086 | a |
A claim of unconstitutional shackling is subject to a harmless error analysis. In order to succeed on such claim, a defendant must show prejudice, that is, "a substantial or injurious effect or influence on the jury's verdict." | {
"signal": "no signal",
"identifier": "70 Wn. App. 452, 462",
"parenthetical": "defendant's mere appearance in handcuffs during jury selection does not indicate the incident \"inflamed or prejudiced\" the jurors against him",
"sentence": "Hutchinson, 135 Wn.2d at 888. Accord State v. Early, 70 Wn. App. 452, 46... | {
"signal": "see also",
"identifier": "33 Wn. App. 435, 435",
"parenthetical": "it is not reversible error simply because jurors see a defendant wearing shackles",
"sentence": "See also Gosser, 33 Wn. App. at 435 (it is not reversible error simply because jurors see a defendant wearing shackles)."
} | 99,086 | a |
A claim of unconstitutional shackling is subject to a harmless error analysis. In order to succeed on such claim, a defendant must show prejudice, that is, "a substantial or injurious effect or influence on the jury's verdict." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "defendant's mere appearance in handcuffs during jury selection does not indicate the incident \"inflamed or prejudiced\" the jurors against him",
"sentence": "Hutchinson, 135 Wn.2d at 888. Accord State v. Early, 70 Wn. App. 452, 462, 853 P.2d 964 (1... | {
"signal": "see also",
"identifier": "33 Wn. App. 435, 435",
"parenthetical": "it is not reversible error simply because jurors see a defendant wearing shackles",
"sentence": "See also Gosser, 33 Wn. App. at 435 (it is not reversible error simply because jurors see a defendant wearing shackles)."
} | 99,086 | a |
A claim of unconstitutional shackling is subject to a harmless error analysis. In order to succeed on such claim, a defendant must show prejudice, that is, "a substantial or injurious effect or influence on the jury's verdict." | {
"signal": "see also",
"identifier": "33 Wn. App. 435, 435",
"parenthetical": "it is not reversible error simply because jurors see a defendant wearing shackles",
"sentence": "See also Gosser, 33 Wn. App. at 435 (it is not reversible error simply because jurors see a defendant wearing shackles)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "defendant's mere appearance in handcuffs during jury selection does not indicate the incident \"inflamed or prejudiced\" the jurors against him",
"sentence": "Hutchinson, 135 Wn.2d at 888. Accord State v. Early, 70 Wn. App. 452, 462, 853 P.2d 964 (1... | 99,086 | b |
A claim of unconstitutional shackling is subject to a harmless error analysis. In order to succeed on such claim, a defendant must show prejudice, that is, "a substantial or injurious effect or influence on the jury's verdict." | {
"signal": "see also",
"identifier": "33 Wn. App. 435, 435",
"parenthetical": "it is not reversible error simply because jurors see a defendant wearing shackles",
"sentence": "See also Gosser, 33 Wn. App. at 435 (it is not reversible error simply because jurors see a defendant wearing shackles)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "defendant's mere appearance in handcuffs during jury selection does not indicate the incident \"inflamed or prejudiced\" the jurors against him",
"sentence": "Hutchinson, 135 Wn.2d at 888. Accord State v. Early, 70 Wn. App. 452, 462, 853 P.2d 964 (1... | 99,086 | b |
On the other hand, such canons are routinely discarded when they do not further a statute's remedial purposes. | {
"signal": "cf.",
"identifier": "140 Vt. 501, 511",
"parenthetical": "\"Rules of construction are not laws, hard and inflexible, which must be applied in a given situation simply because it is possible to do so.\"",
"sentence": "See Herman & MacLean v. Huddleston, 459 U.S. 375, 387 n.23 (1983); see also Hardes... | {
"signal": "see also",
"identifier": "555 P.2d 1030, 1036",
"parenthetical": "expressio unius maxim is \"to be applied with great caution, is not of universal application, and is not conclusive as to the meaning of a statute\"",
"sentence": "See Herman & MacLean v. Huddleston, 459 U.S. 375, 387 n.23 (1983); se... | 4,815,396 | b |
On the other hand, such canons are routinely discarded when they do not further a statute's remedial purposes. | {
"signal": "see also",
"identifier": "555 P.2d 1030, 1036",
"parenthetical": "expressio unius maxim is \"to be applied with great caution, is not of universal application, and is not conclusive as to the meaning of a statute\"",
"sentence": "See Herman & MacLean v. Huddleston, 459 U.S. 375, 387 n.23 (1983); se... | {
"signal": "cf.",
"identifier": "438 A.2d 1135, 1140",
"parenthetical": "\"Rules of construction are not laws, hard and inflexible, which must be applied in a given situation simply because it is possible to do so.\"",
"sentence": "See Herman & MacLean v. Huddleston, 459 U.S. 375, 387 n.23 (1983); see also Har... | 4,815,396 | a |
FOIA is designed, however, to benefit the public, not specific litigants. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing that a requester's \"rights under the Act are neither increased nor decreased by reason of the fact that [he or she] claims an interest in the [requested records] greater than that shared by the average members of the public\"",
"sentenc... | {
"signal": "see also",
"identifier": "437 U.S. 214, 242",
"parenthetical": "noting that the \"FOIA was not intended to function as a private discovery tool\"",
"sentence": "NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 143 n. 10, 95 S.Ct. 1504, 44 L.Ed.2d 29 (1975) (recognizing that a requester’s “rights under t... | 4,283,204 | a |
FOIA is designed, however, to benefit the public, not specific litigants. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"FOIA was not intended to function as a private discovery tool\"",
"sentence": "NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 143 n. 10, 95 S.Ct. 1504, 44 L.Ed.2d 29 (1975) (recognizing that a requester’s “rights under the Act are neit... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing that a requester's \"rights under the Act are neither increased nor decreased by reason of the fact that [he or she] claims an interest in the [requested records] greater than that shared by the average members of the public\"",
"sentenc... | 4,283,204 | b |
FOIA is designed, however, to benefit the public, not specific litigants. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"FOIA was not intended to function as a private discovery tool\"",
"sentence": "NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 143 n. 10, 95 S.Ct. 1504, 44 L.Ed.2d 29 (1975) (recognizing that a requester’s “rights under the Act are neit... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing that a requester's \"rights under the Act are neither increased nor decreased by reason of the fact that [he or she] claims an interest in the [requested records] greater than that shared by the average members of the public\"",
"sentenc... | 4,283,204 | b |
FOIA is designed, however, to benefit the public, not specific litigants. | {
"signal": "see also",
"identifier": "437 U.S. 214, 242",
"parenthetical": "noting that the \"FOIA was not intended to function as a private discovery tool\"",
"sentence": "NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 143 n. 10, 95 S.Ct. 1504, 44 L.Ed.2d 29 (1975) (recognizing that a requester’s “rights under t... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing that a requester's \"rights under the Act are neither increased nor decreased by reason of the fact that [he or she] claims an interest in the [requested records] greater than that shared by the average members of the public\"",
"sentenc... | 4,283,204 | b |
FOIA is designed, however, to benefit the public, not specific litigants. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing that a requester's \"rights under the Act are neither increased nor decreased by reason of the fact that [he or she] claims an interest in the [requested records] greater than that shared by the average members of the public\"",
"sentenc... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"FOIA was not intended to function as a private discovery tool\"",
"sentence": "NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 143 n. 10, 95 S.Ct. 1504, 44 L.Ed.2d 29 (1975) (recognizing that a requester’s “rights under the Act are neit... | 4,283,204 | a |
FOIA is designed, however, to benefit the public, not specific litigants. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing that a requester's \"rights under the Act are neither increased nor decreased by reason of the fact that [he or she] claims an interest in the [requested records] greater than that shared by the average members of the public\"",
"sentenc... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"FOIA was not intended to function as a private discovery tool\"",
"sentence": "NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 143 n. 10, 95 S.Ct. 1504, 44 L.Ed.2d 29 (1975) (recognizing that a requester’s “rights under the Act are neit... | 4,283,204 | a |
FOIA is designed, however, to benefit the public, not specific litigants. | {
"signal": "see also",
"identifier": "437 U.S. 214, 242",
"parenthetical": "noting that the \"FOIA was not intended to function as a private discovery tool\"",
"sentence": "NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 143 n. 10, 95 S.Ct. 1504, 44 L.Ed.2d 29 (1975) (recognizing that a requester’s “rights under t... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing that a requester's \"rights under the Act are neither increased nor decreased by reason of the fact that [he or she] claims an interest in the [requested records] greater than that shared by the average members of the public\"",
"sentenc... | 4,283,204 | b |
FOIA is designed, however, to benefit the public, not specific litigants. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"FOIA was not intended to function as a private discovery tool\"",
"sentence": "NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 143 n. 10, 95 S.Ct. 1504, 44 L.Ed.2d 29 (1975) (recognizing that a requester’s “rights under the Act are neit... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing that a requester's \"rights under the Act are neither increased nor decreased by reason of the fact that [he or she] claims an interest in the [requested records] greater than that shared by the average members of the public\"",
"sentenc... | 4,283,204 | b |
FOIA is designed, however, to benefit the public, not specific litigants. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"FOIA was not intended to function as a private discovery tool\"",
"sentence": "NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 143 n. 10, 95 S.Ct. 1504, 44 L.Ed.2d 29 (1975) (recognizing that a requester’s “rights under the Act are neit... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing that a requester's \"rights under the Act are neither increased nor decreased by reason of the fact that [he or she] claims an interest in the [requested records] greater than that shared by the average members of the public\"",
"sentenc... | 4,283,204 | b |
It asks to be declared representative of the few (five or six), not the many, whether the comparison group is all TRAC members or all Allnet subscribers June-December 1984. Even in an equitable relief context, TRAC's plea for standing would stray from the core concept of associational representation. | {
"signal": "cf.",
"identifier": "400 F.Supp. 1208, 1213",
"parenthetical": "court grants standing to association to seek injunctive relief to benefit 6 of its 3,500 members, while noting that \"we might feel more confident of [the association's] taking a vigorous, adversarial stance had plaintiff been able to id... | {
"signal": "see",
"identifier": "357 U.S. 449, 459",
"parenthetical": "association has standing to assert members' rights \"because it and its members are in every practical sense identical [and it] is but the medium through which individual members seek to make more effective the expression of their own views\"... | 1,655,977 | b |
It asks to be declared representative of the few (five or six), not the many, whether the comparison group is all TRAC members or all Allnet subscribers June-December 1984. Even in an equitable relief context, TRAC's plea for standing would stray from the core concept of associational representation. | {
"signal": "see",
"identifier": "78 S.Ct. 1163, 1170",
"parenthetical": "association has standing to assert members' rights \"because it and its members are in every practical sense identical [and it] is but the medium through which individual members seek to make more effective the expression of their own views... | {
"signal": "cf.",
"identifier": "400 F.Supp. 1208, 1213",
"parenthetical": "court grants standing to association to seek injunctive relief to benefit 6 of its 3,500 members, while noting that \"we might feel more confident of [the association's] taking a vigorous, adversarial stance had plaintiff been able to id... | 1,655,977 | a |
It asks to be declared representative of the few (five or six), not the many, whether the comparison group is all TRAC members or all Allnet subscribers June-December 1984. Even in an equitable relief context, TRAC's plea for standing would stray from the core concept of associational representation. | {
"signal": "see",
"identifier": null,
"parenthetical": "association has standing to assert members' rights \"because it and its members are in every practical sense identical [and it] is but the medium through which individual members seek to make more effective the expression of their own views\"",
"sentence"... | {
"signal": "cf.",
"identifier": "400 F.Supp. 1208, 1213",
"parenthetical": "court grants standing to association to seek injunctive relief to benefit 6 of its 3,500 members, while noting that \"we might feel more confident of [the association's] taking a vigorous, adversarial stance had plaintiff been able to id... | 1,655,977 | a |
It asks to be declared representative of the few (five or six), not the many, whether the comparison group is all TRAC members or all Allnet subscribers June-December 1984. Even in an equitable relief context, TRAC's plea for standing would stray from the core concept of associational representation. | {
"signal": "see",
"identifier": "385 F.Supp. 529, 538",
"parenthetical": "\"Since the League is the collective embodiment of its members, the League has standing to protect its members' rights against encroachment by third parties.\"",
"sentence": "See, e.g., NAACP v. Alabama, 357 U.S. 449, 459, 78 S.Ct. 1163,... | {
"signal": "cf.",
"identifier": "400 F.Supp. 1208, 1213",
"parenthetical": "court grants standing to association to seek injunctive relief to benefit 6 of its 3,500 members, while noting that \"we might feel more confident of [the association's] taking a vigorous, adversarial stance had plaintiff been able to id... | 1,655,977 | a |
In part because courts are reluctant to discourage cooperation between agencies, the mere fact of federal participation in an investigation does not suffice to establish an improper "working arrangement." | {
"signal": "see",
"identifier": "281 F.2d 344, 344",
"parenthetical": "explaining that FBI agents properly interrogated defendants who were in state custody because they had a \"duty to endeavor to ascertain all the available facts about the federal crimes which they were investigating\"",
"sentence": "See Cop... | {
"signal": "see also",
"identifier": "362 U.S. 217, 229",
"parenthetical": "finding FBI's participation (including conducting search) during execution of INS warrant did not \"taint the administrative arrest\"",
"sentence": "See also Barnett v. U.S., 384 F.2d 848, 857 (5th Cir.1967); Gaines, 555 F.2d at 624. C... | 11,117,275 | a |
In part because courts are reluctant to discourage cooperation between agencies, the mere fact of federal participation in an investigation does not suffice to establish an improper "working arrangement." | {
"signal": "see",
"identifier": "281 F.2d 344, 344",
"parenthetical": "explaining that FBI agents properly interrogated defendants who were in state custody because they had a \"duty to endeavor to ascertain all the available facts about the federal crimes which they were investigating\"",
"sentence": "See Cop... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding FBI's participation (including conducting search) during execution of INS warrant did not \"taint the administrative arrest\"",
"sentence": "See also Barnett v. U.S., 384 F.2d 848, 857 (5th Cir.1967); Gaines, 555 F.2d at 624. Cf. Abel v. Unit... | 11,117,275 | a |
In part because courts are reluctant to discourage cooperation between agencies, the mere fact of federal participation in an investigation does not suffice to establish an improper "working arrangement." | {
"signal": "see",
"identifier": "281 F.2d 344, 344",
"parenthetical": "explaining that FBI agents properly interrogated defendants who were in state custody because they had a \"duty to endeavor to ascertain all the available facts about the federal crimes which they were investigating\"",
"sentence": "See Cop... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding FBI's participation (including conducting search) during execution of INS warrant did not \"taint the administrative arrest\"",
"sentence": "See also Barnett v. U.S., 384 F.2d 848, 857 (5th Cir.1967); Gaines, 555 F.2d at 624. Cf. Abel v. Unit... | 11,117,275 | a |
. While the FDCPA explicitly provides for money damages, it does not provide for injunctive relief in private actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that several courts have held that the FDCPA does not authorize equitable relief",
"sentence": "See, e.g., Weiss v. Regal Collections, 385 F.3d 337, 342 (3d Cir.2004) (\"[Ijnjunctive and declaratory relief are not available to litigants acting... | {
"signal": "see",
"identifier": "385 F.3d 337, 342",
"parenthetical": "\"[Ijnjunctive and declaratory relief are not available to litigants acting in an individual capacity under the FDCPA.''",
"sentence": "See, e.g., Weiss v. Regal Collections, 385 F.3d 337, 342 (3d Cir.2004) (\"[Ijnjunctive and declaratory r... | 3,510,124 | b |
. While the FDCPA explicitly provides for money damages, it does not provide for injunctive relief in private actions. | {
"signal": "see",
"identifier": "201 F.3d 877, 882",
"parenthetical": "noting that \"all private actions under the Fair Debt Collection Practices Act are for damages\"",
"sentence": "See, e.g., Weiss v. Regal Collections, 385 F.3d 337, 342 (3d Cir.2004) (\"[Ijnjunctive and declaratory relief are not available ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that several courts have held that the FDCPA does not authorize equitable relief",
"sentence": "See, e.g., Weiss v. Regal Collections, 385 F.3d 337, 342 (3d Cir.2004) (\"[Ijnjunctive and declaratory relief are not available to litigants acting... | 3,510,124 | a |
. While the FDCPA explicitly provides for money damages, it does not provide for injunctive relief in private actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that several courts have held that the FDCPA does not authorize equitable relief",
"sentence": "See, e.g., Weiss v. Regal Collections, 385 F.3d 337, 342 (3d Cir.2004) (\"[Ijnjunctive and declaratory relief are not available to litigants acting... | {
"signal": "see",
"identifier": "677 F.2d 830, 834",
"parenthetical": "holding that equitable relief is not available to an individual under this section of the FDCPA",
"sentence": "See, e.g., Weiss v. Regal Collections, 385 F.3d 337, 342 (3d Cir.2004) (\"[Ijnjunctive and declaratory relief are not available t... | 3,510,124 | b |
. While the FDCPA explicitly provides for money damages, it does not provide for injunctive relief in private actions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that several courts have held that the FDCPA does not authorize equitable relief",
"sentence": "See, e.g., Weiss v. Regal Collections, 385 F.3d 337, 342 (3d Cir.2004) (\"[Ijnjunctive and declaratory relief are not available to litigants acting... | {
"signal": "see",
"identifier": "374 F.Supp.2d 293, 299",
"parenthetical": "holding that \"neither injunctive nor declaratory relief is available to private litigants under the FDCPA\"",
"sentence": "See, e.g., Weiss v. Regal Collections, 385 F.3d 337, 342 (3d Cir.2004) (\"[Ijnjunctive and declaratory relief a... | 3,510,124 | b |
The ex post facto clause prohibits the enactment of statutes that punish as a crime an act previously committed which was innocent when done. | {
"signal": "see",
"identifier": "897 F.2d 1099, 1124",
"parenthetical": "\"Since conspiracy is a continuous crime, a statute increasing the penalty for a conspiracy beginning before the date of enactment but continuing after-wards does not violate the ex post facto clause.\"",
"sentence": "See United States v.... | {
"signal": "see also",
"identifier": "98 F.3d 1266, 1284",
"parenthetical": "\"There was sufficient evidence upon which the jury could have found that Jackson's fraudulent scheme began in 1985 but continued until the end of his tenure as a councilman (1990",
"sentence": "See United States v. Terzado-Madruga, 8... | 11,453,470 | a |
Under the objective standard, a plaintiff must allege a deprivation "sufficiently serious" to constitute a constitutional violation. A plaintiff may satisfy the objective prong by alleging that his prison work duties created a serious risk of seri ous injury. | {
"signal": "but see",
"identifier": "999 F.Supp. 394, 399",
"parenthetical": "granting summary judgment to defendants when prisoner's medical records did not show \"his back problem was serious enough to prevent him from performing the tasks required of [his position as] a mess hall worker\"",
"sentence": "Cf.... | {
"signal": "cf.",
"identifier": "864 F.2d 1235, 1246",
"parenthetical": "prisoner properly alleged an Eighth Amendment claim when he claimed that his work detail assignment seriously aggravated his serious physical condition",
"sentence": "Cf. Jackson v. Cain, 864 F.2d 1235, 1246 (5th Cir.1989) (prisoner prope... | 629,450 | b |
Under the objective standard, a plaintiff must allege a deprivation "sufficiently serious" to constitute a constitutional violation. A plaintiff may satisfy the objective prong by alleging that his prison work duties created a serious risk of seri ous injury. | {
"signal": "but see",
"identifier": "999 F.Supp. 394, 399",
"parenthetical": "granting summary judgment to defendants when prisoner's medical records did not show \"his back problem was serious enough to prevent him from performing the tasks required of [his position as] a mess hall worker\"",
"sentence": "Cf.... | {
"signal": "cf.",
"identifier": "36 F.Supp.2d 508, 513",
"parenthetical": "prisoner alleged Eighth Amendment claim when he alleged that he had been required to climb along top shelf of storage room",
"sentence": "Cf. Jackson v. Cain, 864 F.2d 1235, 1246 (5th Cir.1989) (prisoner properly alleged an Eighth Amend... | 629,450 | b |
Under the objective standard, a plaintiff must allege a deprivation "sufficiently serious" to constitute a constitutional violation. A plaintiff may satisfy the objective prong by alleging that his prison work duties created a serious risk of seri ous injury. | {
"signal": "cf.",
"identifier": "1998 WL 20000, at *2",
"parenthetical": "prisoner set forth Eighth Amendment claim when she alleged that she had been required to perform heavy kitchen work in contravention of doctor's orders",
"sentence": "Cf. Jackson v. Cain, 864 F.2d 1235, 1246 (5th Cir.1989) (prisoner prop... | {
"signal": "but see",
"identifier": "999 F.Supp. 394, 399",
"parenthetical": "granting summary judgment to defendants when prisoner's medical records did not show \"his back problem was serious enough to prevent him from performing the tasks required of [his position as] a mess hall worker\"",
"sentence": "Cf.... | 629,450 | a |
. If the government were correct that X-Citement Video announced a new rule, this would provide an additional ground for our conclusion that the cause and prejudice requirement does not apply. We have consistently permitted defendants to challenge their convictions in SS 2255 motions, where there has been an intervenin... | {
"signal": "see also",
"identifier": "468 U.S. 1, 16",
"parenthetical": "holding that the novelty of a petitioner's claim can constitute cause for a procedural default",
"sentence": "See, e.g., Sood, 969 F.2d at 775 (defendants pled guilty and did not challenge their convictions until post-conviction collatera... | {
"signal": "see",
"identifier": "969 F.2d 775, 775",
"parenthetical": "defendants pled guilty and did not challenge their convictions until post-conviction collateral proceedings",
"sentence": "See, e.g., Sood, 969 F.2d at 775 (defendants pled guilty and did not challenge their convictions until post-convictio... | 10,513,249 | b |
. If the government were correct that X-Citement Video announced a new rule, this would provide an additional ground for our conclusion that the cause and prejudice requirement does not apply. We have consistently permitted defendants to challenge their convictions in SS 2255 motions, where there has been an intervenin... | {
"signal": "see also",
"identifier": "104 S.Ct. 2901, 2910",
"parenthetical": "holding that the novelty of a petitioner's claim can constitute cause for a procedural default",
"sentence": "See, e.g., Sood, 969 F.2d at 775 (defendants pled guilty and did not challenge their convictions until post-conviction col... | {
"signal": "see",
"identifier": "969 F.2d 775, 775",
"parenthetical": "defendants pled guilty and did not challenge their convictions until post-conviction collateral proceedings",
"sentence": "See, e.g., Sood, 969 F.2d at 775 (defendants pled guilty and did not challenge their convictions until post-convictio... | 10,513,249 | b |
. If the government were correct that X-Citement Video announced a new rule, this would provide an additional ground for our conclusion that the cause and prejudice requirement does not apply. We have consistently permitted defendants to challenge their convictions in SS 2255 motions, where there has been an intervenin... | {
"signal": "see",
"identifier": "969 F.2d 775, 775",
"parenthetical": "defendants pled guilty and did not challenge their convictions until post-conviction collateral proceedings",
"sentence": "See, e.g., Sood, 969 F.2d at 775 (defendants pled guilty and did not challenge their convictions until post-convictio... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that the novelty of a petitioner's claim can constitute cause for a procedural default",
"sentence": "See, e.g., Sood, 969 F.2d at 775 (defendants pled guilty and did not challenge their convictions until post-conviction collateral proceeding... | 10,513,249 | a |
Contrary to what we said in Major, which was dicta and did not directly control the outcome of the case, this court, and other districts, have consistently ruled that attempted robbery with a deadly weapon is a second degree felony. | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that attempted robbery with a deadly weapon is a second degree felony",
"sentence": "See Whidden v. State, 374 So.2d 543, 545 (Fla. 2d DCA 1979) (discussing the robbery statute and concluding that attempted robbery with a deadly weapon is... | {
"signal": "see",
"identifier": "374 So.2d 543, 545",
"parenthetical": "discussing the robbery statute and concluding that attempted robbery with a deadly weapon is a second degree felony as provided in the attempt statute, section 777.04",
"sentence": "See Whidden v. State, 374 So.2d 543, 545 (Fla. 2d DCA 197... | 8,160,833 | b |
Contrary to what we said in Major, which was dicta and did not directly control the outcome of the case, this court, and other districts, have consistently ruled that attempted robbery with a deadly weapon is a second degree felony. | {
"signal": "see",
"identifier": "374 So.2d 543, 545",
"parenthetical": "discussing the robbery statute and concluding that attempted robbery with a deadly weapon is a second degree felony as provided in the attempt statute, section 777.04",
"sentence": "See Whidden v. State, 374 So.2d 543, 545 (Fla. 2d DCA 197... | {
"signal": "see also",
"identifier": null,
"parenthetical": "directing the trial court to correct the judgment, which erroneously stated that attempted robbery with a deadly weapon was a first degree felony, when it is a second degree felony",
"sentence": "See Whidden v. State, 374 So.2d 543, 545 (Fla. 2d DCA ... | 8,160,833 | a |
Second, as previously mentioned in this opinion, Matheny's prior convictions support the reasonableness of the district court's sentence. Because Matheny cannot demonstrate prejudice from the district court's consideration of one prior arrest, his substantial rights have not been affected. | {
"signal": "see also",
"identifier": "507 U.S. 735, 735",
"parenthetical": "stating that \"[njormally, although perhaps not in every case, the defendant must make a specific showing of prejudice to satisfy the 'affecting substantial rights' prong of Rule 52(b",
"sentence": "See Hawk Wing, 433 F.3d at 629 (“[W]... | {
"signal": "see",
"identifier": "433 F.3d 629, 629",
"parenthetical": "\"[W]e conclude that the district court had adequate grounds to depart upward despite its error in considering the prior arrests for which the PSR did not set forth the factual details.\"",
"sentence": "See Hawk Wing, 433 F.3d at 629 (“[W]e... | 3,087,694 | b |
Second, as previously mentioned in this opinion, Matheny's prior convictions support the reasonableness of the district court's sentence. Because Matheny cannot demonstrate prejudice from the district court's consideration of one prior arrest, his substantial rights have not been affected. | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating that \"[njormally, although perhaps not in every case, the defendant must make a specific showing of prejudice to satisfy the 'affecting substantial rights' prong of Rule 52(b",
"sentence": "See Hawk Wing, 433 F.3d at 629 (“[W]e conclude that... | {
"signal": "see",
"identifier": "433 F.3d 629, 629",
"parenthetical": "\"[W]e conclude that the district court had adequate grounds to depart upward despite its error in considering the prior arrests for which the PSR did not set forth the factual details.\"",
"sentence": "See Hawk Wing, 433 F.3d at 629 (“[W]e... | 3,087,694 | b |
The district court properly granted summary judgment on Stringer's claim against defendant Koehn because Stringer failed to raise a genuine dispute of material fact as to whether defendant Koehn consciously disregarded a serious risk to Stringer's health in addressing his abdominal pain. | {
"signal": "see also",
"identifier": "477 U.S. 242, 249-50",
"parenthetical": "party opposing summary judgment may not rest on con-clusory assertions, but must come forward with significant probative evidence",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (... | {
"signal": "see",
"identifier": "511 U.S. 825, 845, 847",
"parenthetical": "a prison official acts with deliberate indifference if \"he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it\"",
"sentence": "See Farmer v. Brennan, ... | 4,288,987 | b |
The district court properly granted summary judgment on Stringer's claim against defendant Koehn because Stringer failed to raise a genuine dispute of material fact as to whether defendant Koehn consciously disregarded a serious risk to Stringer's health in addressing his abdominal pain. | {
"signal": "see",
"identifier": "511 U.S. 825, 845, 847",
"parenthetical": "a prison official acts with deliberate indifference if \"he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it\"",
"sentence": "See Farmer v. Brennan, ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "party opposing summary judgment may not rest on con-clusory assertions, but must come forward with significant probative evidence",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (a prison official ... | 4,288,987 | a |
The district court properly granted summary judgment on Stringer's claim against defendant Koehn because Stringer failed to raise a genuine dispute of material fact as to whether defendant Koehn consciously disregarded a serious risk to Stringer's health in addressing his abdominal pain. | {
"signal": "see also",
"identifier": null,
"parenthetical": "party opposing summary judgment may not rest on con-clusory assertions, but must come forward with significant probative evidence",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (a prison official ... | {
"signal": "see",
"identifier": "511 U.S. 825, 845, 847",
"parenthetical": "a prison official acts with deliberate indifference if \"he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it\"",
"sentence": "See Farmer v. Brennan, ... | 4,288,987 | b |
The district court properly granted summary judgment on Stringer's claim against defendant Koehn because Stringer failed to raise a genuine dispute of material fact as to whether defendant Koehn consciously disregarded a serious risk to Stringer's health in addressing his abdominal pain. | {
"signal": "see also",
"identifier": "477 U.S. 242, 249-50",
"parenthetical": "party opposing summary judgment may not rest on con-clusory assertions, but must come forward with significant probative evidence",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (... | {
"signal": "see",
"identifier": null,
"parenthetical": "a prison official acts with deliberate indifference if \"he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it\"",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 8... | 4,288,987 | b |
The district court properly granted summary judgment on Stringer's claim against defendant Koehn because Stringer failed to raise a genuine dispute of material fact as to whether defendant Koehn consciously disregarded a serious risk to Stringer's health in addressing his abdominal pain. | {
"signal": "see",
"identifier": null,
"parenthetical": "a prison official acts with deliberate indifference if \"he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it\"",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 8... | {
"signal": "see also",
"identifier": null,
"parenthetical": "party opposing summary judgment may not rest on con-clusory assertions, but must come forward with significant probative evidence",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (a prison official ... | 4,288,987 | a |
The district court properly granted summary judgment on Stringer's claim against defendant Koehn because Stringer failed to raise a genuine dispute of material fact as to whether defendant Koehn consciously disregarded a serious risk to Stringer's health in addressing his abdominal pain. | {
"signal": "see also",
"identifier": null,
"parenthetical": "party opposing summary judgment may not rest on con-clusory assertions, but must come forward with significant probative evidence",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (a prison official ... | {
"signal": "see",
"identifier": null,
"parenthetical": "a prison official acts with deliberate indifference if \"he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it\"",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 8... | 4,288,987 | b |
The district court properly granted summary judgment on Stringer's claim against defendant Koehn because Stringer failed to raise a genuine dispute of material fact as to whether defendant Koehn consciously disregarded a serious risk to Stringer's health in addressing his abdominal pain. | {
"signal": "see",
"identifier": null,
"parenthetical": "a prison official acts with deliberate indifference if \"he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it\"",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 8... | {
"signal": "see also",
"identifier": "477 U.S. 242, 249-50",
"parenthetical": "party opposing summary judgment may not rest on con-clusory assertions, but must come forward with significant probative evidence",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (... | 4,288,987 | a |
The district court properly granted summary judgment on Stringer's claim against defendant Koehn because Stringer failed to raise a genuine dispute of material fact as to whether defendant Koehn consciously disregarded a serious risk to Stringer's health in addressing his abdominal pain. | {
"signal": "see",
"identifier": null,
"parenthetical": "a prison official acts with deliberate indifference if \"he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it\"",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 8... | {
"signal": "see also",
"identifier": null,
"parenthetical": "party opposing summary judgment may not rest on con-clusory assertions, but must come forward with significant probative evidence",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (a prison official ... | 4,288,987 | a |
The district court properly granted summary judgment on Stringer's claim against defendant Koehn because Stringer failed to raise a genuine dispute of material fact as to whether defendant Koehn consciously disregarded a serious risk to Stringer's health in addressing his abdominal pain. | {
"signal": "see",
"identifier": null,
"parenthetical": "a prison official acts with deliberate indifference if \"he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it\"",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 8... | {
"signal": "see also",
"identifier": null,
"parenthetical": "party opposing summary judgment may not rest on con-clusory assertions, but must come forward with significant probative evidence",
"sentence": "See Farmer v. Brennan, 511 U.S. 825, 845, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (a prison official ... | 4,288,987 | a |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "see also",
"identifier": "275 F.3d 604, 605",
"parenthetical": "acknowledging that exemption statutes dealing with IRAs are outside ERISA's scope and therefore not preempted",
"sentence": "See also In re Weinhoeft, 275 F.3d 604, 605 (7th Cir.2001) (acknowledging that exemption statutes dealing with... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding Florida exemption statute for employee benefit plans was not preempted by ERISA due to savings clause",
"sentence": "See In re Schlein, 8 F.3d 745 (11th Cir.1993) (holding Florida exemption statute for employee benefit plans was not preempted by E... | 9,358,407 | b |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "finding that ERISA's savings clause did not save Arizona exemption statute from preemption",
"sentence": "But cf. Pitrat v. Garlikov, 947 F.2d 419 (9th Cir.1991), withdrawn, 992 F.2d 224 (9th Cir.1993) (finding that ERISA’s savings clause did not save... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding Florida exemption statute for employee benefit plans was not preempted by ERISA due to savings clause",
"sentence": "See In re Schlein, 8 F.3d 745 (11th Cir.1993) (holding Florida exemption statute for employee benefit plans was not preempted by E... | 9,358,407 | b |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "finding that ERISA's savings clause did not save Arizona exemption statute from preemption",
"sentence": "But cf. Pitrat v. Garlikov, 947 F.2d 419 (9th Cir.1991), withdrawn, 992 F.2d 224 (9th Cir.1993) (finding that ERISA’s savings clause did not save... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding Florida exemption statute for employee benefit plans was not preempted by ERISA due to savings clause",
"sentence": "See In re Schlein, 8 F.3d 745 (11th Cir.1993) (holding Florida exemption statute for employee benefit plans was not preempted by E... | 9,358,407 | b |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding Missouri statute that exempted pension plan benefits from bankruptcy estate was not preempted due to savings clause",
"sentence": "See In re Schlein, 8 F.3d 745 (11th Cir.1993) (holding Florida exemption statute for employee benefit plans was not ... | {
"signal": "see also",
"identifier": "275 F.3d 604, 605",
"parenthetical": "acknowledging that exemption statutes dealing with IRAs are outside ERISA's scope and therefore not preempted",
"sentence": "See also In re Weinhoeft, 275 F.3d 604, 605 (7th Cir.2001) (acknowledging that exemption statutes dealing with... | 9,358,407 | a |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding Missouri statute that exempted pension plan benefits from bankruptcy estate was not preempted due to savings clause",
"sentence": "See In re Schlein, 8 F.3d 745 (11th Cir.1993) (holding Florida exemption statute for employee benefit plans was not ... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "finding that ERISA's savings clause did not save Arizona exemption statute from preemption",
"sentence": "But cf. Pitrat v. Garlikov, 947 F.2d 419 (9th Cir.1991), withdrawn, 992 F.2d 224 (9th Cir.1993) (finding that ERISA’s savings clause did not save... | 9,358,407 | a |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding Missouri statute that exempted pension plan benefits from bankruptcy estate was not preempted due to savings clause",
"sentence": "See In re Schlein, 8 F.3d 745 (11th Cir.1993) (holding Florida exemption statute for employee benefit plans was not ... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "finding that ERISA's savings clause did not save Arizona exemption statute from preemption",
"sentence": "But cf. Pitrat v. Garlikov, 947 F.2d 419 (9th Cir.1991), withdrawn, 992 F.2d 224 (9th Cir.1993) (finding that ERISA’s savings clause did not save... | 9,358,407 | a |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "see also",
"identifier": "275 F.3d 604, 605",
"parenthetical": "acknowledging that exemption statutes dealing with IRAs are outside ERISA's scope and therefore not preempted",
"sentence": "See also In re Weinhoeft, 275 F.3d 604, 605 (7th Cir.2001) (acknowledging that exemption statutes dealing with... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding Texas exemption law was not preempted by ERISA due to savings clause",
"sentence": "See In re Schlein, 8 F.3d 745 (11th Cir.1993) (holding Florida exemption statute for employee benefit plans was not preempted by ERISA due to savings clause); In r... | 9,358,407 | b |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "finding that ERISA's savings clause did not save Arizona exemption statute from preemption",
"sentence": "But cf. Pitrat v. Garlikov, 947 F.2d 419 (9th Cir.1991), withdrawn, 992 F.2d 224 (9th Cir.1993) (finding that ERISA’s savings clause did not save... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding Texas exemption law was not preempted by ERISA due to savings clause",
"sentence": "See In re Schlein, 8 F.3d 745 (11th Cir.1993) (holding Florida exemption statute for employee benefit plans was not preempted by ERISA due to savings clause); In r... | 9,358,407 | b |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding Texas exemption law was not preempted by ERISA due to savings clause",
"sentence": "See In re Schlein, 8 F.3d 745 (11th Cir.1993) (holding Florida exemption statute for employee benefit plans was not preempted by ERISA due to savings clause); In r... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "finding that ERISA's savings clause did not save Arizona exemption statute from preemption",
"sentence": "But cf. Pitrat v. Garlikov, 947 F.2d 419 (9th Cir.1991), withdrawn, 992 F.2d 224 (9th Cir.1993) (finding that ERISA’s savings clause did not save... | 9,358,407 | a |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "see also",
"identifier": "275 F.3d 604, 605",
"parenthetical": "acknowledging that exemption statutes dealing with IRAs are outside ERISA's scope and therefore not preempted",
"sentence": "See also In re Weinhoeft, 275 F.3d 604, 605 (7th Cir.2001) (acknowledging that exemption statutes dealing with... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "finding that ERISA's savings clause did not save Arizona exemption statute from preemption",
"sentence": "But cf. Pitrat v. Garlikov, 947 F.2d 419 (9th Cir.1991), withdrawn, 992 F.2d 224 (9th Cir.1993) (finding that ERISA’s savings clause did not save... | 9,358,407 | a |
Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "finding that ERISA's savings clause did not save Arizona exemption statute from preemption",
"sentence": "But cf. Pitrat v. Garlikov, 947 F.2d 419 (9th Cir.1991), withdrawn, 992 F.2d 224 (9th Cir.1993) (finding that ERISA’s savings clause did not save... | {
"signal": "see also",
"identifier": "275 F.3d 604, 605",
"parenthetical": "acknowledging that exemption statutes dealing with IRAs are outside ERISA's scope and therefore not preempted",
"sentence": "See also In re Weinhoeft, 275 F.3d 604, 605 (7th Cir.2001) (acknowledging that exemption statutes dealing with... | 9,358,407 | b |
However, evidence that plaintiff operated the boat in water too high and at a speed too great causing him too lose control and be ejected will be permitted on the issue of proximate cause. | {
"signal": "see also",
"identifier": "2010 WL 2867899, at *4",
"parenthetical": "\"absent a comparative negligence defense, a plaintiffs conduct is also relevant to establishing proximate cause.\"",
"sentence": "See id., 128 N.J. at 98, 607 A.2d at 644 (determining that plaintiffs actions were relevant to the ... | {
"signal": "see",
"identifier": "128 N.J. 98, 98",
"parenthetical": "determining that plaintiffs actions were relevant to the issue of proximate cause even though jury could not consider conduct as evidence of contributory negligence",
"sentence": "See id., 128 N.J. at 98, 607 A.2d at 644 (determining that pla... | 4,146,521 | b |
However, evidence that plaintiff operated the boat in water too high and at a speed too great causing him too lose control and be ejected will be permitted on the issue of proximate cause. | {
"signal": "see also",
"identifier": "2010 WL 2867899, at *4",
"parenthetical": "\"absent a comparative negligence defense, a plaintiffs conduct is also relevant to establishing proximate cause.\"",
"sentence": "See id., 128 N.J. at 98, 607 A.2d at 644 (determining that plaintiffs actions were relevant to the ... | {
"signal": "see",
"identifier": "607 A.2d 644, 644",
"parenthetical": "determining that plaintiffs actions were relevant to the issue of proximate cause even though jury could not consider conduct as evidence of contributory negligence",
"sentence": "See id., 128 N.J. at 98, 607 A.2d at 644 (determining that p... | 4,146,521 | b |
Appellant's conduct, as indicated by the Commonwealth's evidence, exhibited an extreme indifference to the value of human life and created a substantial danger of death or serious physical injury to Jonathan and Gabe. Appellant was not entitled to a directed verdict on these two charges. | {
"signal": "see",
"identifier": "906 S.W.2d 327, 334",
"parenthetical": "holding that there was sufficient evidence of wanton endangerment where defendant pointed a gun and fired two shots while in a crowded restaurant, thereby creating dangerous atmosphere for other diners",
"sentence": "See Port v. Commonwea... | {
"signal": "cf.",
"identifier": "384 S.W.3d 77, 104",
"parenthetical": "holding that there was insufficient evidence of wanton endangerment where evidence established that the victim was in a back bedroom, behind a closed door, and hiding under a bed when three shots were fired in the front living room",
"sent... | 7,086,895 | a |
Appellant's conduct, as indicated by the Commonwealth's evidence, exhibited an extreme indifference to the value of human life and created a substantial danger of death or serious physical injury to Jonathan and Gabe. Appellant was not entitled to a directed verdict on these two charges. | {
"signal": "cf.",
"identifier": "384 S.W.3d 77, 104",
"parenthetical": "holding that there was insufficient evidence of wanton endangerment where evidence established that the victim was in a back bedroom, behind a closed door, and hiding under a bed when three shots were fired in the front living room",
"sent... | {
"signal": "see",
"identifier": "652 S.W.2d 859, 860-61",
"parenthetical": "holding that there was sufficient evidence of wanton endangerment where a bullet came within fifteen feet of a bystander",
"sentence": "See Port v. Commonwealth, 906 S.W.2d 327, 334 (Ky.1995) (holding that there was sufficient evidence... | 7,086,895 | b |
Further, the Court is mindful that the trial court failed to take appropriate action to minimize the prejudicial effect of the gang evidence on the jury, e.g., by clearly instructing the jury to limit their consideration of the gang affiliation testimony to a proper purpose, e.g., impeachment. | {
"signal": "see also",
"identifier": "205 F.3d 1165, 1165",
"parenthetical": "district court did not abuse its discretion in admitting gang evidence where it took steps to minimize undue prejudice",
"sentence": "See Jobson, 102 F.3d at 222 (noting trial court’s error in failing to instruct the jury on proper p... | {
"signal": "see",
"identifier": "102 F.3d 222, 222",
"parenthetical": "noting trial court's error in failing to instruct the jury on proper purpose of gang evidence and finding that such error was not harmless",
"sentence": "See Jobson, 102 F.3d at 222 (noting trial court’s error in failing to instruct the jur... | 9,277,795 | b |
Further, the Court is mindful that the trial court failed to take appropriate action to minimize the prejudicial effect of the gang evidence on the jury, e.g., by clearly instructing the jury to limit their consideration of the gang affiliation testimony to a proper purpose, e.g., impeachment. | {
"signal": "see",
"identifier": "102 F.3d 222, 222",
"parenthetical": "noting trial court's error in failing to instruct the jury on proper purpose of gang evidence and finding that such error was not harmless",
"sentence": "See Jobson, 102 F.3d at 222 (noting trial court’s error in failing to instruct the jur... | {
"signal": "see also",
"identifier": "27 F.3d 1424, 1431",
"parenthetical": "finding that gang evidence and argument was harmless error upon habeas review given trial court's \"prompt and effective action\" in instructing the jury on the evidence",
"sentence": "See Jobson, 102 F.3d at 222 (noting trial court’s... | 9,277,795 | a |
The District Court concluded that, "[t]o the extent that [the plaintiff] alleges that the [t]own is liable for any intentional infliction of emotional distress by [the town employee] . . . such a claim is precluded by [General Statutes] SS 52-557n, which provides, that'a political subdivision of the state shall not be ... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "'While [courts] have attempted to draw definitional [distinctions] between the terms wilful, wanton or reckless, in practice the three terms have been treated as meaning the same thing.'",
"sentence": "Bhinder v. Sun Co., 246 Conn. 223, 242 n.14, 71... | {
"signal": "see also",
"identifier": "245 Conn. 385, 415",
"parenthetical": "legal concepts of wanton, reckless, wilful, intentional and malicious conduct indistinguishable",
"sentence": "Bhinder v. Sun Co., 246 Conn. 223, 242 n.14, 717 A.2d 202 (1998) (‘While [courts] have attempted to draw definitional [dist... | 2,630,471 | a |
The District Court concluded that, "[t]o the extent that [the plaintiff] alleges that the [t]own is liable for any intentional infliction of emotional distress by [the town employee] . . . such a claim is precluded by [General Statutes] SS 52-557n, which provides, that'a political subdivision of the state shall not be ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "legal concepts of wanton, reckless, wilful, intentional and malicious conduct indistinguishable",
"sentence": "Bhinder v. Sun Co., 246 Conn. 223, 242 n.14, 717 A.2d 202 (1998) (‘While [courts] have attempted to draw definitional [distinctions] betwee... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "'While [courts] have attempted to draw definitional [distinctions] between the terms wilful, wanton or reckless, in practice the three terms have been treated as meaning the same thing.'",
"sentence": "Bhinder v. Sun Co., 246 Conn. 223, 242 n.14, 71... | 2,630,471 | b |
The District Court concluded that, "[t]o the extent that [the plaintiff] alleges that the [t]own is liable for any intentional infliction of emotional distress by [the town employee] . . . such a claim is precluded by [General Statutes] SS 52-557n, which provides, that'a political subdivision of the state shall not be ... | {
"signal": "see also",
"identifier": "239 Conn. 515, 527",
"parenthetical": "'A wilful act is one done intentionally or with reckless disregard of the consequences of one's conduct.'",
"sentence": "Bhinder v. Sun Co., 246 Conn. 223, 242 n.14, 717 A.2d 202 (1998) (‘While [courts] have attempted to draw definiti... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "'While [courts] have attempted to draw definitional [distinctions] between the terms wilful, wanton or reckless, in practice the three terms have been treated as meaning the same thing.'",
"sentence": "Bhinder v. Sun Co., 246 Conn. 223, 242 n.14, 71... | 2,630,471 | b |
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