context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see also",
"identifier": null,
"parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor ... | {
"signal": "see",
"identifier": "83 Ga. 549, 550-551",
"parenthetical": "convict can recover from contractor for injuries sustained while on lease to private company",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for i... | 916,086 | b |
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see also",
"identifier": null,
"parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor ... | {
"signal": "see",
"identifier": "83 Ga. 549, 550-551",
"parenthetical": "convict can recover from contractor for injuries sustained while on lease to private company",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for i... | 916,086 | b |
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see",
"identifier": "10 S. E. 435, 435-436",
"parenthetical": "convict can recover from contractor for injuries sustained while on lease to private company",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for... | {
"signal": "see also",
"identifier": null,
"parenthetical": "inmate can recover from municipal corporation for injuries caused by poor jail conditions",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustain... | 916,086 | a |
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see",
"identifier": "10 S. E. 435, 435-436",
"parenthetical": "convict can recover from contractor for injuries sustained while on lease to private company",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for... | {
"signal": "see also",
"identifier": null,
"parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor ... | 916,086 | a |
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see also",
"identifier": null,
"parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor ... | {
"signal": "see",
"identifier": "10 S. E. 435, 435-436",
"parenthetical": "convict can recover from contractor for injuries sustained while on lease to private company",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for... | 916,086 | b |
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see",
"identifier": "96 Ga. 521, 522-523",
"parenthetical": "wife can recover from contractor for chain- gang-related death of husband",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained w... | {
"signal": "see also",
"identifier": null,
"parenthetical": "inmate can recover from municipal corporation for injuries caused by poor jail conditions",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustain... | 916,086 | a |
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see",
"identifier": "96 Ga. 521, 522-523",
"parenthetical": "wife can recover from contractor for chain- gang-related death of husband",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained w... | {
"signal": "see also",
"identifier": null,
"parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor ... | 916,086 | a |
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see",
"identifier": "96 Ga. 521, 522-523",
"parenthetical": "wife can recover from contractor for chain- gang-related death of husband",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained w... | {
"signal": "see also",
"identifier": null,
"parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor ... | 916,086 | a |
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see also",
"identifier": null,
"parenthetical": "inmate can recover from municipal corporation for injuries caused by poor jail conditions",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustain... | {
"signal": "see",
"identifier": "23 S. E. 414, 415",
"parenthetical": "wife can recover from contractor for chain- gang-related death of husband",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained whi... | 916,086 | b |
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see",
"identifier": "23 S. E. 414, 415",
"parenthetical": "wife can recover from contractor for chain- gang-related death of husband",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained whi... | {
"signal": "see also",
"identifier": null,
"parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor ... | 916,086 | a |
Private prison lease agreements (like inmate suits) seem to have been more prevalent after SS 1983's enactment, see generally M. Mancini, One Dies, Get Another (1996), but we have found evidence that the common law provided mistreated prisoners in prison leasing States with remedies against mistreatment by those privat... | {
"signal": "see",
"identifier": "23 S. E. 414, 415",
"parenthetical": "wife can recover from contractor for chain- gang-related death of husband",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor for injuries sustained whi... | {
"signal": "see also",
"identifier": null,
"parenthetical": "private prison contractor and subcontractor liable to municipality for escaped prisoner under lease agreement",
"sentence": "See, e. g., Dade Coal Co. v. Haslett, 83 Ga. 549, 550-551, 10 S. E. 435, 435-436 (1889) (convict can recover from contractor ... | 916,086 | a |
In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important co... | {
"signal": "no signal",
"identifier": "308 B.R. 596, 601",
"parenthetical": "granting debtor's motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis",
"sentence": "In re Roches... | {
"signal": "see also",
"identifier": null,
"parenthetical": "granting debt- or's motion to reopen to add undisclosed personal injury claim",
"sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims,... | 9,142,363 | a |
In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important co... | {
"signal": "cf.",
"identifier": "266 B.R. 916, 921",
"parenthetical": "granting debtor's motion to reopen to add an age discrimination claim, stating that \"the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate\" a... | {
"signal": "no signal",
"identifier": "308 B.R. 596, 601",
"parenthetical": "granting debtor's motion to reopen a Chapter 7 case to schedule undisclosed products liability claims, stating that the potential benefit to creditors appears to be the most important factor in the analysis",
"sentence": "In re Roches... | 9,142,363 | b |
In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important co... | {
"signal": "see also",
"identifier": null,
"parenthetical": "granting debt- or's motion to reopen to add undisclosed personal injury claim",
"sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims,... | {
"signal": "no signal",
"identifier": "273 B.R. 739, 747",
"parenthetical": "grant- ing debtor's motion to reopen to administer an undisclosed interest in a wrongful death action",
"sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedul... | 9,142,363 | b |
In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important co... | {
"signal": "no signal",
"identifier": "273 B.R. 739, 747",
"parenthetical": "grant- ing debtor's motion to reopen to administer an undisclosed interest in a wrongful death action",
"sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedul... | {
"signal": "cf.",
"identifier": "266 B.R. 916, 921",
"parenthetical": "granting debtor's motion to reopen to add an age discrimination claim, stating that \"the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate\" a... | 9,142,363 | a |
In deciding whether to grant a motion to reopen to add a creditor, courts often look at whether the party affected by the reopening has been prejudiced in some way or whether the debtor was intentionally committing fraud. But when the purpose of the motion to reopen is to add an undisclosed asset, the most important co... | {
"signal": "see also",
"identifier": null,
"parenthetical": "granting debt- or's motion to reopen to add undisclosed personal injury claim",
"sentence": "In re Rochester, 308 B.R. 596, 601 (Bankr.N.D.Ga.2004)(granting debtor’s motion to reopen a Chapter 7 case to schedule undisclosed products liability claims,... | {
"signal": "cf.",
"identifier": "266 B.R. 916, 921",
"parenthetical": "granting debtor's motion to reopen to add an age discrimination claim, stating that \"the test for reopening to administer assets is simply whether the administrative expense and inconvenience outweighs the potential benefit to the estate\" a... | 9,142,363 | a |
This case is one of the "few instances" where death itself -- not distribution-- changes the value of property owned by the decedent. | {
"signal": "no signal",
"identifier": "674 F.2d 768, 768",
"parenthetical": "\"[I]n a few instances ... death does change the value of the property.\"",
"sentence": "Ahmanson, 674 F.2d at 768 (“[I]n a few instances ... death does change the value of the property.”); see also Land, 303 F.2d at 172 (“It is only ... | {
"signal": "see also",
"identifier": "303 F.2d 172, 172",
"parenthetical": "\"It is only in the few cases where death alters value, as well as ownership, that it is necessary to determine whether the value at the time of death reflects the change caused by death____\"",
"sentence": "Ahmanson, 674 F.2d at 768 (... | 1,358,928 | a |
The attorney who sent the letter, Mr. Evans, was hired by Navigators as Titan's defense attorney. (Doc. 43 Ex. 5 PP 1, 7.) As such, he was an agent of both Navigators and Titan. | {
"signal": "no signal",
"identifier": "167 Ariz. 219, 221",
"parenthetical": "\"A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.\"",
"sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent ... | {
"signal": "see also",
"identifier": "113 Ariz. 223, 227",
"parenthetical": "A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.",
"sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his cli... | 4,052,342 | a |
The attorney who sent the letter, Mr. Evans, was hired by Navigators as Titan's defense attorney. (Doc. 43 Ex. 5 PP 1, 7.) As such, he was an agent of both Navigators and Titan. | {
"signal": "no signal",
"identifier": "167 Ariz. 219, 221",
"parenthetical": "\"A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.\"",
"sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent ... | {
"signal": "see also",
"identifier": "550 P.2d 94, 98",
"parenthetical": "A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.",
"sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his client... | 4,052,342 | a |
The attorney who sent the letter, Mr. Evans, was hired by Navigators as Titan's defense attorney. (Doc. 43 Ex. 5 PP 1, 7.) As such, he was an agent of both Navigators and Titan. | {
"signal": "no signal",
"identifier": "805 P.2d 1040, 1042",
"parenthetical": "\"A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.\"",
"sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent... | {
"signal": "see also",
"identifier": "113 Ariz. 223, 227",
"parenthetical": "A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.",
"sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his cli... | 4,052,342 | a |
The attorney who sent the letter, Mr. Evans, was hired by Navigators as Titan's defense attorney. (Doc. 43 Ex. 5 PP 1, 7.) As such, he was an agent of both Navigators and Titan. | {
"signal": "no signal",
"identifier": "805 P.2d 1040, 1042",
"parenthetical": "\"A lawyer is the agent of his client, and the rules of agency law generally apply to the attorney-client relationship.\"",
"sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent... | {
"signal": "see also",
"identifier": "550 P.2d 94, 98",
"parenthetical": "A lawyer retained by an insurer to defend an insured owes an undeviating and singular allegiance to the insured.",
"sentence": "Cohn v. Fisher, 167 Ariz. 219, 221, 805 P.2d 1040, 1042 (Ariz.App.1990) (“A lawyer is the agent of his client... | 4,052,342 | a |
. While some courts have found that the relevant comparison under Sandin is between the specific deprivations imposed on the plaintiff and the deprivations imposed in the non-disciplinary confinement'area of prisons in the entire state, neither the Supreme Court in Sandin nor the Second Circuit has required such a basi... | {
"signal": "see",
"identifier": null,
"parenthetical": "comparing plaintiff's deprivations in SHU with those of the general prison population within the Hala-wa Correctional facility where plaintiff was housed when the challenged disciplinary confinement was imposed",
"sentence": "See Sandin, supra, at 485, 11... | {
"signal": "contra",
"identifier": "128 F.3d 1173, 1175",
"parenthetical": "relevant comparison to \"most restrictive confine ment found in any facility in entire state\"",
"sentence": "Contra Wagner v. Hanks, 128 F.3d 1173, 1175 (7th Cir.1997) (relevant comparison to \"most restrictive confine ment found in a... | 373,242 | a |
In another context, the Fifth Circuit has recognized the dilemma that a consumer faces in trying to enforce the provisions of TILA, under which Congress had intended to create "a system of 'private attorney generals' who will be able to aid the effective enforcement of the Act." So long as the action "vindicates congre... | {
"signal": "but see",
"identifier": "547 F.2d 502, 506",
"parenthetical": "criticizing Sosa for failing to follow the \"American Rule\" that attorney's fees are not ordinarily recoverable in the absence of statutory authorization",
"sentence": "Sosa, 498 F.2d at 121; see also Purtle v. Eldridge Auto Sales, Inc... | {
"signal": "see also",
"identifier": "91 F.3d 797, 800",
"parenthetical": "plaintiff in a TILA ease need not prove that he or she suffered actual monetary damages in order to recover the statutory damages and attorney's fees",
"sentence": "Sosa, 498 F.2d at 121; see also Purtle v. Eldridge Auto Sales, Inc., 91... | 11,912,584 | b |
The Estate's argument is incorrect. Under SS 1983, the defendant commanders could have been held liable for setting off a chain of events that led to a violation of Escobedo's constitutional right to be free from excessive force, not for his death. | {
"signal": "see",
"identifier": "856 F.2d 985, 992-93",
"parenthetical": "discussing the liability of supervisors in the context of violations of constitutional rights",
"sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violati... | {
"signal": "see also",
"identifier": "436 U.S. 584, 589-90",
"parenthetical": "\"As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under SS 1983 upon the death of either the plaintiff or defendant.\"",
"sentence": "See Jones v. City of Chi, 85... | 3,646,919 | a |
The Estate's argument is incorrect. Under SS 1983, the defendant commanders could have been held liable for setting off a chain of events that led to a violation of Escobedo's constitutional right to be free from excessive force, not for his death. | {
"signal": "see",
"identifier": "856 F.2d 985, 992-93",
"parenthetical": "discussing the liability of supervisors in the context of violations of constitutional rights",
"sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violati... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under SS 1983 upon the death of either the plaintiff or defendant.\"",
"sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93... | 3,646,919 | a |
The Estate's argument is incorrect. Under SS 1983, the defendant commanders could have been held liable for setting off a chain of events that led to a violation of Escobedo's constitutional right to be free from excessive force, not for his death. | {
"signal": "see",
"identifier": "856 F.2d 985, 992-93",
"parenthetical": "discussing the liability of supervisors in the context of violations of constitutional rights",
"sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violati... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"As we noted ... one specific area not covered by federal law is that relating to the survival of civil rights actions under SS 1983 upon the death of either the plaintiff or defendant.\"",
"sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93... | 3,646,919 | a |
The Estate's argument is incorrect. Under SS 1983, the defendant commanders could have been held liable for setting off a chain of events that led to a violation of Escobedo's constitutional right to be free from excessive force, not for his death. | {
"signal": "see",
"identifier": "856 F.2d 985, 992-93",
"parenthetical": "discussing the liability of supervisors in the context of violations of constitutional rights",
"sentence": "See Jones v. City of Chi, 856 F.2d 985, 992-93 (7th Cir.1988) (discussing the liability of supervisors in the context of violati... | {
"signal": "see also",
"identifier": "615 F.3d 877, 882",
"parenthetical": "under the Fourth Amendment, the injury or death of an individual does not affect the substance of a SS 1983 claim for excessive force, but rather is relevant as evidence of the reasonableness of the force",
"sentence": "See Jones v. Ci... | 3,646,919 | a |
Essex cannot show that any procedural error in the way the district court disposed of its claims against TME and Archer affected its substantial rights. | {
"signal": "see also",
"identifier": "523 F.2d 689, 700",
"parenthetical": "\"[P]roce-dural error does not warrant reversal unless it affects the substantial rights of the parties.\"",
"sentence": "See Fed. R.Civ.P. 61; 28 U.S.C. § 2111; United States v. Killough, 848 F.2d 1523, 1527 (11th Cir.1988) (noting th... | {
"signal": "see",
"identifier": "848 F.2d 1523, 1527",
"parenthetical": "noting that the party asserting error has the burden of proving that the error prejudiced its substantial rights",
"sentence": "See Fed. R.Civ.P. 61; 28 U.S.C. § 2111; United States v. Killough, 848 F.2d 1523, 1527 (11th Cir.1988) (noting... | 4,199,617 | b |
Here, the evidence showed merely that the mother threw an empty plastic jug at the oldest child on one occasion and physically disciplined her on another occasion. There was no suggestion that the child required medical attention or that her physical, mental, or emotional health was significantly impaired. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that physical abuse to support dependency adjudication was not shown by evidence that mother pulled child's hair and father slapped child's face, leaving a mark that did not require medical attention",
"sentence": "See In re W.P., 534 So.2d 905 (F... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that bruises inflicted with belt did not constitute excessive or abusive corporal discipline to support dependency",
"sentence": "See In re W.P., 534 So.2d 905 (Fla. 2d DCA 1988) (holding that physical abuse to support dependency adjudication... | 9,011,856 | a |
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was re... | {
"signal": "see",
"identifier": "458 U.S. 261, 261",
"parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added",
"sentence": "See Dy... | {
"signal": "cf.",
"identifier": "403 U.S. 443, 478",
"parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key",
"sentence... | 9,277,601 | a |
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was re... | {
"signal": "see",
"identifier": "458 U.S. 261, 261",
"parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added",
"sentence": "See Dy... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key",
"sentence": "Cf. Coolidg... | 9,277,601 | a |
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was re... | {
"signal": "see",
"identifier": "458 U.S. 261, 261",
"parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added",
"sentence": "See Dy... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key",
"sentence": "Cf. Coolidg... | 9,277,601 | a |
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was re... | {
"signal": "cf.",
"identifier": "403 U.S. 443, 478",
"parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key",
"sentence... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added",
"sentence": "See Dyson, 527 U.S. a... | 9,277,601 | b |
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was re... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key",
"sentence": "Cf. Coolidg... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added",
"sentence": "See Dyson, 527 U.S. a... | 9,277,601 | b |
Thus, in each of the cases where the Supreme Court applied the automobile exception and upheld a warrantless search of a vehicle, the police first stopped and seized the vehicle either while an occupant was operating the vehicle on a highway, or while an occupant was inside the vehicle or near it and the vehicle was re... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[WJlhen police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrant, less search of the vehicle ....\" (emphasis added",
"sentence": "See Dyson, 527 U.S. a... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key",
"sentence": "Cf. Coolidg... | 9,277,601 | a |
Because there is no indication in the record that the district court believed it lacked authority to grant a downward departure based on a "combination of factors," the district court's failure to depart on that basis sua sponte is not appealable. | {
"signal": "cf.",
"identifier": "198 F.3d 787, 790",
"parenthetical": "reviewing for plain error the district court's failure to depart sua sponte on a ground that was barred by law at the time of sentencing",
"sentence": "United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, when the... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable",
"sentence": "United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, wh... | 1,002,961 | b |
Because there is no indication in the record that the district court believed it lacked authority to grant a downward departure based on a "combination of factors," the district court's failure to depart on that basis sua sponte is not appealable. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "reviewing for plain error the district court's failure to depart sua sponte on a ground that was barred by law at the time of sentencing",
"sentence": "United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, when the record is sile... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable",
"sentence": "United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, wh... | 1,002,961 | b |
Arneault seeks to make out a substantive due process claim by alleging that these state actors knowingly relied on tainted information for malicious purposes unrelated to their legitimate governmental responsibilities. However, "merely alleging an improper motive is insufficient" to establish conscience-shocking behavi... | {
"signal": "no signal",
"identifier": "523 F.3d 200, 220",
"parenthetical": "addressing substantive due process claim in the zoning context and noting that application of the conscience-shocking standard \"prevents us from being cast in the role of a 'zoning board of appeals.' \"",
"sentence": "Chainey v. Stre... | {
"signal": "see also",
"identifier": "776 F.Supp.2d 95, 95",
"parenthetical": "plaintiff failed to allege a substantive due process violation, despite claiming that defendant acted with \"gross negligence\"",
"sentence": "See also Burns, 776 F.Supp.2d at 95 (plaintiff failed to allege a substantive due process... | 4,004,390 | a |
The BIA did not abuse its discretion by denying Mendoza-Barragan's second motion to reopen for reissuance, because the evidence in the record does not compel the conclusion that Mendoza-Barragan did not receive the BIA's prior order dismissing his appeal. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[S]tatements in motions are not evidence and are therefore not entitled to evidentiary weight.\"",
"sentence": "See Hernandez-Velasquez, 611 F.3d at 1078 (“[T]he BIA enjoys a rebuttable ‘presumption of mailing’ when it issues a decision accompanied... | {
"signal": "see",
"identifier": "611 F.3d 1078, 1078",
"parenthetical": "\"[T]he BIA enjoys a rebuttable 'presumption of mailing' when it issues a decision accompanied by a properly addressed and dated cover letter ..., [which] may be rebutted by affidavits of nonreceipt....\"",
"sentence": "See Hernandez-Vela... | 4,120,222 | b |
This, in turn, depends on "whether a reasonable person in the declarant's position would anticipate his statement being used against the accused in investigating and prosecuting the crime." Because O'Reilly did not know that his statements were being recorded and because it is clear that he did not anticipate them bein... | {
"signal": "see",
"identifier": "440 F.3d 832, 843",
"parenthetical": "holding that an unwitting declarant's secretly recorded statements to a close friend were nontestimonial",
"sentence": "See United States v. Johnson, 440 F.3d 832, 843 (6th Cir.2006) (holding that an unwitting declarant’s secretly recorded ... | {
"signal": "see also",
"identifier": "473 F.3d 280, 286-87",
"parenthetical": "stating that co-defendant's out-of-court statements to an undercover officer whose status was unknown to the declarant were nontestimonial",
"sentence": "See United States v. Johnson, 440 F.3d 832, 843 (6th Cir.2006) (holding that a... | 5,755,359 | a |
This, in turn, depends on "whether a reasonable person in the declarant's position would anticipate his statement being used against the accused in investigating and prosecuting the crime." Because O'Reilly did not know that his statements were being recorded and because it is clear that he did not anticipate them bein... | {
"signal": "see",
"identifier": "440 F.3d 832, 843",
"parenthetical": "holding that an unwitting declarant's secretly recorded statements to a close friend were nontestimonial",
"sentence": "See United States v. Johnson, 440 F.3d 832, 843 (6th Cir.2006) (holding that an unwitting declarant’s secretly recorded ... | {
"signal": "see also",
"identifier": "525 F.3d 583, 589",
"parenthetical": "\"[A] statement unwittingly made to a confidential informant and recorded by the government is not 'testimonial' for Confrontation Clause purposes.\"",
"sentence": "See United States v. Johnson, 440 F.3d 832, 843 (6th Cir.2006) (holdin... | 5,755,359 | a |
In short, all parts of the demonstration, both disputed and undisputed, were supported by facts in evidence. Detective Reynolds' testimony was based on his personal observations as well as his deductions. Given the State's evidence and the reasonable inferences that may be drawn from it, we find the demonstration was s... | {
"signal": "see also",
"identifier": "800 F.2d 235, 238",
"parenthetical": "upholding in-court demonstration using estimate of length of deceased wife's arms to show she could not have shot herself as husband claimed",
"sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court demonstration of six disar... | {
"signal": "see",
"identifier": "776 S.W.2d 168, 168-69",
"parenthetical": "upholding in-court demonstration of six disarming techniques by which a person might take police officer's weapon when sufficient evidence supported inference that defendant was able to disarm officer and use his weapon to shoot him",
... | 9,005,023 | b |
In short, all parts of the demonstration, both disputed and undisputed, were supported by facts in evidence. Detective Reynolds' testimony was based on his personal observations as well as his deductions. Given the State's evidence and the reasonable inferences that may be drawn from it, we find the demonstration was s... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding demonstration in which State re-created how husband's body was found in bed and wife was asked to demonstrate how she claimed to have shot husband in self-defense",
"sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court demonstration ... | {
"signal": "see also",
"identifier": "800 F.2d 235, 238",
"parenthetical": "upholding in-court demonstration using estimate of length of deceased wife's arms to show she could not have shot herself as husband claimed",
"sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court demonstration of six disar... | 9,005,023 | a |
In short, all parts of the demonstration, both disputed and undisputed, were supported by facts in evidence. Detective Reynolds' testimony was based on his personal observations as well as his deductions. Given the State's evidence and the reasonable inferences that may be drawn from it, we find the demonstration was s... | {
"signal": "see",
"identifier": "250 S.W. 180, 181",
"parenthetical": "upholding demonstration in which State re-created how husband's body was found in bed and wife was asked to demonstrate how she claimed to have shot husband in self-defense",
"sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court... | {
"signal": "see also",
"identifier": "800 F.2d 235, 238",
"parenthetical": "upholding in-court demonstration using estimate of length of deceased wife's arms to show she could not have shot herself as husband claimed",
"sentence": "See Valdez, 776 S.W.2d at 168-69 (upholding in-court demonstration of six disar... | 9,005,023 | a |
North Carolina law requires that the county commissioners of each county "provide for the register of deeds" in a "book, to be called Registration of Titles." See N.C. Gen.Stat. SS 43-13. Since conveyances of land, contracts and options to convey land, leases over three years, and mortgages and deeds of trusts are requ... | {
"signal": "see",
"identifier": null,
"parenthetical": "purchaser charged with notice of all facts disclosed by an examination of the chain of title",
"sentence": "See Hensley v. Ramsey, 283 N.C. 714, 199 S.E.2d 1, 10 (1973) (purchaser charged with notice of all facts disclosed by an examination of the chain o... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[P]ublic record concerning the status of land titles\" is established by recording in the Registration of Titles as required by North Carolina General Statutes SSSS 47-18 & 47-20",
"sentence": "See Hensley v. Ramsey, 283 N.C. 714, 199 S.E.2d 1, 10 ... | 11,708,266 | a |
North Carolina law requires that the county commissioners of each county "provide for the register of deeds" in a "book, to be called Registration of Titles." See N.C. Gen.Stat. SS 43-13. Since conveyances of land, contracts and options to convey land, leases over three years, and mortgages and deeds of trusts are requ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[P]ublic record concerning the status of land titles\" is established by recording in the Registration of Titles as required by North Carolina General Statutes SSSS 47-18 & 47-20",
"sentence": "See Hensley v. Ramsey, 283 N.C. 714, 199 S.E.2d 1, 10 ... | {
"signal": "see",
"identifier": "199 S.E.2d 1, 10",
"parenthetical": "purchaser charged with notice of all facts disclosed by an examination of the chain of title",
"sentence": "See Hensley v. Ramsey, 283 N.C. 714, 199 S.E.2d 1, 10 (1973) (purchaser charged with notice of all facts disclosed by an examination ... | 11,708,266 | b |
Second, the "fruit of the poisonous tree" is an evidentiary doctrine that does not apply in civil matters. | {
"signal": "see",
"identifier": "411 Fed.Appx. 378, 384",
"parenthetical": "\"The 'fruit of the poisonous tree' doctrine does not apply to civil actions brought under SS 1983[.]\"",
"sentence": "See Hargroves v. City of New York, 411 Fed.Appx. 378, 384 (2d Cir.2011) (“The ‘fruit of the poisonous tree’ doctrine... | {
"signal": "see also",
"identifier": "889 F.Supp.2d 418, 433-34",
"parenthetical": "\"the Second Circuit has held 'that the fruit of the poisonous tree doctrine may not be invoked to support a SS 1983 civil action, because the doctrine 'is an eviden-tiary rule that operates in the context of criminal procedure .... | 4,208,117 | a |
Civil forfeiture and jeopardy tax assessments are relevant analogies here. Several cases have persuasively rejected claims that jeopardy assessments causing inability to hire counsel violate the Sixth Amendment. | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting claim that jeopardy assessment preventing retention of counsel necessarily violates Sixth Amendment and rejecting as \"immaterial\" for purposes of a due process claim any distinction between indigency and \"government-imposed\" indigency",
"sen... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting any requirement that alternative funds for counsel be made available to a defendant whose assets were under a tax levy absent a showing of prosecutorial misconduct",
"sentence": "See United States v. Brodson, 241 F.2d 107 (7th Cir.1957) (re... | 1,773,124 | a |
Civil forfeiture and jeopardy tax assessments are relevant analogies here. Several cases have persuasively rejected claims that jeopardy assessments causing inability to hire counsel violate the Sixth Amendment. | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting corporation's claim that funds must be released from tax levy so that it could pay for chosen counsel, stating that counsel could be appointed if necessary",
"sentence": "See United States v. Brodson, 241 F.2d 107 (7th Cir.1957) (rejecting ... | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting claim that jeopardy assessment preventing retention of counsel necessarily violates Sixth Amendment and rejecting as \"immaterial\" for purposes of a due process claim any distinction between indigency and \"government-imposed\" indigency",
"sen... | 1,773,124 | b |
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part... | {
"signal": "see also",
"identifier": "195 Ariz. 13, ¶ 15",
"parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress inte... | {
"signal": "see",
"identifier": "509 U.S. 620, 620",
"parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Cong... | 152,658 | b |
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part... | {
"signal": "see also",
"identifier": "985 P.2d 498, ¶ 15",
"parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress inte... | {
"signal": "see",
"identifier": "509 U.S. 620, 620",
"parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Cong... | 152,658 | b |
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part... | {
"signal": "see also",
"identifier": "195 Ariz. 13, ¶ 15",
"parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress inte... | {
"signal": "see",
"identifier": "113 S.Ct. 2811, 2811",
"parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that C... | 152,658 | b |
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part... | {
"signal": "see",
"identifier": "113 S.Ct. 2811, 2811",
"parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that C... | {
"signal": "see also",
"identifier": "985 P.2d 498, ¶ 15",
"parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress inte... | 152,658 | a |
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part... | {
"signal": "see",
"identifier": "125 L.Ed.2d 504, 504",
"parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that C... | {
"signal": "see also",
"identifier": "195 Ariz. 13, ¶ 15",
"parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress inte... | 152,658 | a |
P 16 Further, just as the federal statute in Austin did, SS 13-2314(G)(3) directly relates forfeiture to the commission of a crime by allowing forfeiture of "[a]ll proceeds traceable to an offense included in the definition of racketeering ... and all ... other property used or intended to be used in any manner or part... | {
"signal": "see",
"identifier": "125 L.Ed.2d 504, 504",
"parenthetical": "linking forfeiture to specific drug offenses evidence that Congress intended it as punishment",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that C... | {
"signal": "see also",
"identifier": "985 P.2d 498, ¶ 15",
"parenthetical": "finding forfeiture under SS 13-2314 \"tied directly to ... criminal offenses\"",
"sentence": "See Austin, 509 U.S. at 620, 113 S.Ct. at 2811, 125 L.Ed.2d at 504 (linking forfeiture to specific drug offenses evidence that Congress inte... | 152,658 | a |
First, defendants have presented the results of double-blind telephone survey of 403 randomly selected adults conducted by the Field Research Corporation. See Jay Deck, P 1. In that survey, respondents were read the sentence "We have pledged a minimum of 1.5 million dollars worldwide to charity as a/in tribute to the b... | {
"signal": "see also",
"identifier": "24 U.S.P.Q.2d 1365, 1368",
"parenthetical": "6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction",
"sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eg... | {
"signal": "no signal",
"identifier": "81 F.3d 455, 467",
"parenthetical": "holding 30-40% confusion between L'eggs and Leg Looks provided significant degree of actual confusion",
"sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg ... | 1,626,298 | b |
First, defendants have presented the results of double-blind telephone survey of 403 randomly selected adults conducted by the Field Research Corporation. See Jay Deck, P 1. In that survey, respondents were read the sentence "We have pledged a minimum of 1.5 million dollars worldwide to charity as a/in tribute to the b... | {
"signal": "no signal",
"identifier": "81 F.3d 455, 467",
"parenthetical": "holding 30-40% confusion between L'eggs and Leg Looks provided significant degree of actual confusion",
"sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "6.7% confusion between marks insufficient to show actual confusion for purposes of preliminary injunction",
"sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg Looks provi... | 1,626,298 | a |
First, defendants have presented the results of double-blind telephone survey of 403 randomly selected adults conducted by the Field Research Corporation. See Jay Deck, P 1. In that survey, respondents were read the sentence "We have pledged a minimum of 1.5 million dollars worldwide to charity as a/in tribute to the b... | {
"signal": "see also",
"identifier": "717 F.2d 352, 358",
"parenthetical": "collecting cases and holding 7.6% confusion finding weighs against infringement",
"sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg Looks provided signifi... | {
"signal": "no signal",
"identifier": "81 F.3d 455, 467",
"parenthetical": "holding 30-40% confusion between L'eggs and Leg Looks provided significant degree of actual confusion",
"sentence": "Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 467 (4th Cir.1996) (holding 30-40% confusion between L’eggs and Leg ... | 1,626,298 | b |
The proposition that an accused in a prosecution for murder is entitled to a charge on involuntary manslaughter when there is no evidence that could justify that verdict has never been concretely presented to this Court and has never been accepted by a majority of this Court. | {
"signal": "see also",
"identifier": "474 Pa. 480, 485",
"parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court",
"sentence": "See also Commonwealth v. Garcia, 474 Pa. 449, 378 A.2d 1199, 1210 (1977) (POMEROY, J., concurring); Commonwealth v. Ford, 474 Pa. 480, 4... | {
"signal": "see",
"identifier": "474 Pa. 430, 442",
"parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court",
"sentence": "See Commonwealth v. Polimeni, 474 Pa. 430, 442, 378 A.2d 1189, 1196 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision ... | 1,740,608 | b |
The proposition that an accused in a prosecution for murder is entitled to a charge on involuntary manslaughter when there is no evidence that could justify that verdict has never been concretely presented to this Court and has never been accepted by a majority of this Court. | {
"signal": "see also",
"identifier": "378 A.2d 1215, 1218",
"parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court",
"sentence": "See also Commonwealth v. Garcia, 474 Pa. 449, 378 A.2d 1199, 1210 (1977) (POMEROY, J., concurring); Commonwealth v. Ford, 474 Pa. 480... | {
"signal": "see",
"identifier": "474 Pa. 430, 442",
"parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court",
"sentence": "See Commonwealth v. Polimeni, 474 Pa. 430, 442, 378 A.2d 1189, 1196 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision ... | 1,740,608 | b |
The proposition that an accused in a prosecution for murder is entitled to a charge on involuntary manslaughter when there is no evidence that could justify that verdict has never been concretely presented to this Court and has never been accepted by a majority of this Court. | {
"signal": "see also",
"identifier": "474 Pa. 480, 485",
"parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court",
"sentence": "See also Commonwealth v. Garcia, 474 Pa. 449, 378 A.2d 1199, 1210 (1977) (POMEROY, J., concurring); Commonwealth v. Ford, 474 Pa. 480, 4... | {
"signal": "see",
"identifier": "378 A.2d 1189, 1196",
"parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court",
"sentence": "See Commonwealth v. Polimeni, 474 Pa. 430, 442, 378 A.2d 1189, 1196 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decisi... | 1,740,608 | b |
The proposition that an accused in a prosecution for murder is entitled to a charge on involuntary manslaughter when there is no evidence that could justify that verdict has never been concretely presented to this Court and has never been accepted by a majority of this Court. | {
"signal": "see also",
"identifier": "378 A.2d 1215, 1218",
"parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court",
"sentence": "See also Commonwealth v. Garcia, 474 Pa. 449, 378 A.2d 1199, 1210 (1977) (POMEROY, J., concurring); Commonwealth v. Ford, 474 Pa. 480... | {
"signal": "see",
"identifier": "378 A.2d 1189, 1196",
"parenthetical": "opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decision of the Court",
"sentence": "See Commonwealth v. Polimeni, 474 Pa. 430, 442, 378 A.2d 1189, 1196 (opinion of POMEROY, J., joined by EAGEN, C. J., announcing the decisi... | 1,740,608 | b |
The critical question to be answered is not whether the use of the land incidentally serves purposes consistent with art. 97, or whether the land displays some attributes of art. 97 land, but whether the land was taken for those purposes, or subsequent to the taking was designated for those purposes in a manner suffici... | {
"signal": "see also",
"identifier": "9 Mass. App. Ct. 871, 872",
"parenthetical": "applicability of art. 97 hinged on whether land had in fact been conveyed \"to the conservation commission ... to maintain and preserve it for the use of the public for conservation purposes\"",
"sentence": "See also Toro v. Ma... | {
"signal": "see",
"identifier": "444 Mass. 502, 508-509",
"parenthetical": "art. 97 protections may arise where subsequent to taking for purposes other than art. 97, land is \"specifically designated\" for art. 97 purpose by deed or other recorded restriction",
"sentence": "See Selectmen of Hanson v. Lindsay, ... | 4,274,909 | b |
The franchisees contend that the district court correctly concluded that DAI invoked the judicial process through its affiliates, insisting that the affiliates were DAI's alter egos or at least its agents. This argument brings up an issue we addressed in Lawrence, and which the Second Circuit has addressed in greater d... | {
"signal": "see also",
"identifier": "58 F.3d 328, 330",
"parenthetical": "holding that a franchisor \"did not waive ... [his arbitrable] claims by prosecuting the unlawful detainer action in California state court because that action involved different issues\"",
"sentence": "Lawrence, 833 F.2d at 1165 (holdi... | {
"signal": "no signal",
"identifier": "833 F.2d 1165, 1165",
"parenthetical": "holding that franchisor who sued franchisees had not invoked the judicial process for purposes of a subsequent dispute",
"sentence": "Lawrence, 833 F.2d at 1165 (holding that franchisor who sued franchisees had not invoked the judic... | 11,759,518 | b |
The franchisees contend that the district court correctly concluded that DAI invoked the judicial process through its affiliates, insisting that the affiliates were DAI's alter egos or at least its agents. This argument brings up an issue we addressed in Lawrence, and which the Second Circuit has addressed in greater d... | {
"signal": "see also",
"identifier": "58 F.3d 328, 330",
"parenthetical": "holding that a franchisor \"did not waive ... [his arbitrable] claims by prosecuting the unlawful detainer action in California state court because that action involved different issues\"",
"sentence": "Lawrence, 833 F.2d at 1165 (holdi... | {
"signal": "no signal",
"identifier": "107 F.3d 132, 132-33",
"parenthetical": "\"only prior litigation of the same legal and factual issues as those the party now wants to arbitrate results in waiver of the right to arbitrate\"",
"sentence": "Lawrence, 833 F.2d at 1165 (holding that franchisor who sued franch... | 11,759,518 | b |
Absent settlement, Pacific Dunlop and Nucleus will likely file additional summary judgment motions on the jurisdictional issues and force class members to present substantive evidence which establishes that the exercise of personal jurisdiction comports with due process. See Sanders v. Robinson Humphrey/American Expres... | {
"signal": "see also",
"identifier": "1986 WL 53400, at *5, *7",
"parenthetical": "finding impediments to personal jurisdiction weighing in favor of class action settlement",
"sentence": "A.1:85-CV-172RLV, 1990 WL 105894, at *3 (N.D.Ga. May 23, 1990) (The fact that “[m]any potentially dispositive threshold iss... | {
"signal": "no signal",
"identifier": "1990 WL 105894, at *3",
"parenthetical": "The fact that \"[m]any potentially dispositive threshold issues might bar recovery by \"Class members\" weighs heavily in favor of settlement.",
"sentence": "A.1:85-CV-172RLV, 1990 WL 105894, at *3 (N.D.Ga. May 23, 1990) (The fact... | 11,111,269 | b |
Appellants' challenges to the show-up identifications as unduly suggestive and unreliable are meritless. Neither the custodial appearance nor the officers' statement that the appellants "matched the descriptions" given by the witnesses rendered the identifications unduly sug gestive. | {
"signal": "see",
"identifier": "622 A.2d 667, 672",
"parenthetical": "suspect was standing next to police car and police officers and was obviously in custody, but not in handcuffs",
"sentence": "Singletary v. United States, 383 A.2d 1064, 1069 (D.C.1978) (with suspects seated in police car, witnesses were to... | {
"signal": "no signal",
"identifier": "383 A.2d 1064, 1069",
"parenthetical": "with suspects seated in police car, witnesses were told, \"We got two guys in the car similar to the ones you told us about\"",
"sentence": "Singletary v. United States, 383 A.2d 1064, 1069 (D.C.1978) (with suspects seated in police... | 11,208,806 | b |
Appellants' challenges to the show-up identifications as unduly suggestive and unreliable are meritless. Neither the custodial appearance nor the officers' statement that the appellants "matched the descriptions" given by the witnesses rendered the identifications unduly sug gestive. | {
"signal": "see",
"identifier": "277 A.2d 95, 98",
"parenthetical": "suspect was seated in the back of a police car in handcuffs when witness identified him",
"sentence": "Singletary v. United States, 383 A.2d 1064, 1069 (D.C.1978) (with suspects seated in police car, witnesses were told, “We got two guys in t... | {
"signal": "no signal",
"identifier": "383 A.2d 1064, 1069",
"parenthetical": "with suspects seated in police car, witnesses were told, \"We got two guys in the car similar to the ones you told us about\"",
"sentence": "Singletary v. United States, 383 A.2d 1064, 1069 (D.C.1978) (with suspects seated in police... | 11,208,806 | b |
Based upon this constitutional provision, no civil action against the State may be sustained absent express authorization from the Tennessee General Assembly. This principle of law has also been recognized by the federal courts. | {
"signal": "see also",
"identifier": "101 U.S. 337, 339",
"parenthetical": "\"The principle is elementary that a State cannot be sued in its own courts without its consent.\"",
"sentence": "Woolsey v. Hunt, 932 F.2d 555, 564 (6th Cir.1991) (stating unless the state has expressly consented to be sued, sovereign... | {
"signal": "no signal",
"identifier": "932 F.2d 555, 564",
"parenthetical": "stating unless the state has expressly consented to be sued, sovereign immunity bars a court from entertaining any suit against the state",
"sentence": "Woolsey v. Hunt, 932 F.2d 555, 564 (6th Cir.1991) (stating unless the state has e... | 7,095,237 | b |
Based upon this constitutional provision, no civil action against the State may be sustained absent express authorization from the Tennessee General Assembly. This principle of law has also been recognized by the federal courts. | {
"signal": "no signal",
"identifier": "932 F.2d 555, 564",
"parenthetical": "stating unless the state has expressly consented to be sued, sovereign immunity bars a court from entertaining any suit against the state",
"sentence": "Woolsey v. Hunt, 932 F.2d 555, 564 (6th Cir.1991) (stating unless the state has e... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The principle is elementary that a State cannot be sued in its own courts without its consent.\"",
"sentence": "Woolsey v. Hunt, 932 F.2d 555, 564 (6th Cir.1991) (stating unless the state has expressly consented to be sued, sovereign immunity bars ... | 7,095,237 | a |
Tr. p. 75-76 (emphases added). Although Engelking may have gamely attempted to minimize the physical pain he felt by stating that his adrenaline was running, the jury was free to infer from Engelking's comments that he was hit "pretty hard" and that "it didn't feel good" that he indeed felt physical pain, thus experien... | {
"signal": "see also",
"identifier": "876 N.E.2d 1139, 1141-42",
"parenthetical": "concluding that jury was free to infer that the victim was in fear during robbery despite victim's testimony to the contrary given evidence that robbery happened quickly, victim did not register what was happening at the time, and... | {
"signal": "see",
"identifier": "859 N.E.2d 1275, 1281",
"parenthetical": "concluding evidence sufficient to support \"bodily injury\" element of battery where victim testified that the defendant's actions caused her to \"hurt\" and \"kinda see[] stars for a second\"",
"sentence": "See Mathis v. State, 859 N.E... | 8,210,796 | b |
Whether to grant relief under a writ of error coram nobis is a decision committed to the discretion of the Court; federal judges may exercise their discretion by granting relief to correct serious defects underlying the conviction or sentence if those defects were not correctable on appeal or where exceptional circumst... | {
"signal": "cf.",
"identifier": "955 F.2d 996, 996",
"parenthetical": "in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus",
"sentence": "Cf. Drobny, 955 F.2d at 996 (in the 5th Circuit, standard of review for a petition of wri... | {
"signal": "see",
"identifier": "474 F.2d 444, 451",
"parenthetical": "in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis",
"sentence": "United States v. McCord, 509 F.2d 334, 341 (D.C.Cir.1974), cert. denied, 421 U.S. 930, 95 S.Ct. 1656, 44 L.Ed.2d 87 (1975); ... | 7,823,460 | b |
Whether to grant relief under a writ of error coram nobis is a decision committed to the discretion of the Court; federal judges may exercise their discretion by granting relief to correct serious defects underlying the conviction or sentence if those defects were not correctable on appeal or where exceptional circumst... | {
"signal": "see",
"identifier": null,
"parenthetical": "in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis",
"sentence": "United States v. McCord, 509 F.2d 334, 341 (D.C.Cir.1974), cert. denied, 421 U.S. 930, 95 S.Ct. 1656, 44 L.Ed.2d 87 (1975); see Laughlin v.... | {
"signal": "cf.",
"identifier": "955 F.2d 996, 996",
"parenthetical": "in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus",
"sentence": "Cf. Drobny, 955 F.2d at 996 (in the 5th Circuit, standard of review for a petition of wri... | 7,823,460 | a |
Whether to grant relief under a writ of error coram nobis is a decision committed to the discretion of the Court; federal judges may exercise their discretion by granting relief to correct serious defects underlying the conviction or sentence if those defects were not correctable on appeal or where exceptional circumst... | {
"signal": "cf.",
"identifier": "955 F.2d 996, 996",
"parenthetical": "in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus",
"sentence": "Cf. Drobny, 955 F.2d at 996 (in the 5th Circuit, standard of review for a petition of wri... | {
"signal": "see",
"identifier": null,
"parenthetical": "in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis",
"sentence": "United States v. McCord, 509 F.2d 334, 341 (D.C.Cir.1974), cert. denied, 421 U.S. 930, 95 S.Ct. 1656, 44 L.Ed.2d 87 (1975); see Laughlin v.... | 7,823,460 | b |
Whether to grant relief under a writ of error coram nobis is a decision committed to the discretion of the Court; federal judges may exercise their discretion by granting relief to correct serious defects underlying the conviction or sentence if those defects were not correctable on appeal or where exceptional circumst... | {
"signal": "cf.",
"identifier": "955 F.2d 996, 996",
"parenthetical": "in the 5th Circuit, standard of review for a petition of writ of error coram nobis is more strict than that applicable to habeas corpus",
"sentence": "Cf. Drobny, 955 F.2d at 996 (in the 5th Circuit, standard of review for a petition of wri... | {
"signal": "see",
"identifier": null,
"parenthetical": "in the D.C. Circuit, habeas corpus standards generally apply in reviewing writs of error coram nobis",
"sentence": "United States v. McCord, 509 F.2d 334, 341 (D.C.Cir.1974), cert. denied, 421 U.S. 930, 95 S.Ct. 1656, 44 L.Ed.2d 87 (1975); see Laughlin v.... | 7,823,460 | b |
As assistant coaches and an athletic trainer, Defendants Palladino, Mr. Ducar, Ms. Ducar, and Prentice were not Defendant Dorrance's supervisors and had no authority over his behavior. In the absence of legal control over Defendant Dorrance, these Defendants' reporting omissions cannot be said to have affirmatively cau... | {
"signal": "see also",
"identifier": "66 F.3d 1402, 1411",
"parenthetical": "\"Simply put, White is responsible under SS 1983 for breaching her duty to report Siepert's abuse of Sarah only if state law also empowered her with a right of legal control over Siepert.\"",
"sentence": "Therefore, the § 1983, failur... | {
"signal": "no signal",
"identifier": "885 F.2d 129, 131-32",
"parenthetical": "holding that defendants were not in control and, therefore, were not supervisors and not subject to liability under SS 1983",
"sentence": "Therefore, the § 1983, failure-to-report claims against Defendants Palladino, Mr. Ducar, Ms.... | 9,325,408 | b |
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinativ... | {
"signal": "cf.",
"identifier": "68 F.3d 642, 646",
"parenthetical": "finding BIA abused its discretion in denying a motion to reopen based on \"extreme hardship,\" where BIA failed to note the \"most salient\" evidence presented by Blanco",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005... | {
"signal": "see",
"identifier": "404 F.3d 295, 304",
"parenthetical": "BIA abused its discretion, and indeed \"erred egregiously,\" in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao's religious group",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th ... | 8,934,190 | b |
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinativ... | {
"signal": "see",
"identifier": "404 F.3d 295, 304",
"parenthetical": "BIA abused its discretion, and indeed \"erred egregiously,\" in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao's religious group",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "vacating and remanding denial of asylum for failure to consider country conditions report",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen base... | 8,934,190 | a |
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinativ... | {
"signal": "cf.",
"identifier": "395 F.3d 622, 625",
"parenthetical": "vacating and remanding denial of Convention Against Torture relief where BIA's opinion \"fail[ed] to give adequate consideration to the country conditions in Iran\"",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (B... | {
"signal": "see",
"identifier": "404 F.3d 295, 304",
"parenthetical": "BIA abused its discretion, and indeed \"erred egregiously,\" in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao's religious group",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th ... | 8,934,190 | b |
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinativ... | {
"signal": "see",
"identifier": "230 F.3d 902, 907",
"parenthetical": "reversing BIA denial of motion to reopen in part because of BIA's \"silence with regard to the U.S. Department of State's Report (1998",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and ... | {
"signal": "cf.",
"identifier": "68 F.3d 642, 646",
"parenthetical": "finding BIA abused its discretion in denying a motion to reopen based on \"extreme hardship,\" where BIA failed to note the \"most salient\" evidence presented by Blanco",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005... | 8,934,190 | a |
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinativ... | {
"signal": "see",
"identifier": "230 F.3d 902, 907",
"parenthetical": "reversing BIA denial of motion to reopen in part because of BIA's \"silence with regard to the U.S. Department of State's Report (1998",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "vacating and remanding denial of asylum for failure to consider country conditions report",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen base... | 8,934,190 | a |
When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinativ... | {
"signal": "see",
"identifier": "230 F.3d 902, 907",
"parenthetical": "reversing BIA denial of motion to reopen in part because of BIA's \"silence with regard to the U.S. Department of State's Report (1998",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and ... | {
"signal": "cf.",
"identifier": "395 F.3d 622, 625",
"parenthetical": "vacating and remanding denial of Convention Against Torture relief where BIA's opinion \"fail[ed] to give adequate consideration to the country conditions in Iran\"",
"sentence": "See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (B... | 8,934,190 | a |
. We need not decide whether an attorney would be able to assert bona fide payee status under similar circumstances, as that case is not before us. We note, however, that, unlike lenders, attorneys have both a legal and an ethical duty to reasonably investigate the facts prior to filing pleadings with the court. | {
"signal": "see",
"identifier": "864 F.2d 44, 46",
"parenthetical": "\"Rule 11 of the Federal Rules of Civil Procedure imposes a duty of reasonable investigation into the facts and the law prior to filing a document with a court.\"",
"sentence": "See, e.g., Callahan v. Schoppe, 864 F.2d 44, 46 (5th Cir. 1989) ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "an attorney's status as an officer of the court \"places him on a different legal footing,\" and the court could not approve the retention of an attorney's fees where the client was guilty of fraudulent conduct in procuring the judgment",
"sentence": "Cf.... | 12,177,010 | a |
. We need not decide whether an attorney would be able to assert bona fide payee status under similar circumstances, as that case is not before us. We note, however, that, unlike lenders, attorneys have both a legal and an ethical duty to reasonably investigate the facts prior to filing pleadings with the court. | {
"signal": "cf.",
"identifier": "7 P.3d 1118, 1126",
"parenthetical": "an attorney's status as an officer of the court \"places him on a different legal footing,\" and the court could not approve the retention of an attorney's fees where the client was guilty of fraudulent conduct in procuring the judgment",
"... | {
"signal": "see",
"identifier": "864 F.2d 44, 46",
"parenthetical": "\"Rule 11 of the Federal Rules of Civil Procedure imposes a duty of reasonable investigation into the facts and the law prior to filing a document with a court.\"",
"sentence": "See, e.g., Callahan v. Schoppe, 864 F.2d 44, 46 (5th Cir. 1989) ... | 12,177,010 | b |
. We need not decide whether an attorney would be able to assert bona fide payee status under similar circumstances, as that case is not before us. We note, however, that, unlike lenders, attorneys have both a legal and an ethical duty to reasonably investigate the facts prior to filing pleadings with the court. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "an attorney's status as an officer of the court \"places him on a different legal footing,\" and the court could not approve the retention of an attorney's fees where the client was guilty of fraudulent conduct in procuring the judgment",
"sentence": "Cf.... | {
"signal": "see",
"identifier": null,
"parenthetical": "lawyer who sought to intervene in chemical products liability class action violated rules of professional conduct by failing to investigate whether his clients were exposed to chemical",
"sentence": "See, e.g., Callahan v. Schoppe, 864 F.2d 44, 46 (5th Ci... | 12,177,010 | b |
. We need not decide whether an attorney would be able to assert bona fide payee status under similar circumstances, as that case is not before us. We note, however, that, unlike lenders, attorneys have both a legal and an ethical duty to reasonably investigate the facts prior to filing pleadings with the court. | {
"signal": "see",
"identifier": null,
"parenthetical": "lawyer who sought to intervene in chemical products liability class action violated rules of professional conduct by failing to investigate whether his clients were exposed to chemical",
"sentence": "See, e.g., Callahan v. Schoppe, 864 F.2d 44, 46 (5th Ci... | {
"signal": "cf.",
"identifier": "7 P.3d 1118, 1126",
"parenthetical": "an attorney's status as an officer of the court \"places him on a different legal footing,\" and the court could not approve the retention of an attorney's fees where the client was guilty of fraudulent conduct in procuring the judgment",
"... | 12,177,010 | a |
Instead he asserts a broader claim -- that the Second Amendment protects an individual's right to openly carry a handgun on a public sidewalk. Neither the parties nor my own research has identified any case in which the Second Amendment was held to cover such a right. Instead, several appellate courts have expressly de... | {
"signal": "see also",
"identifier": "695 F.3d 577, 581-82",
"parenthetical": "\"No court has held that the Second Amendment encompasses a right to bear arms within state parks.\"",
"sentence": "See Drake v. Filko, 724 F.3d 426, 430-31 (3rd Cir.2013) (declining to “definitively declare that the individual righ... | {
"signal": "see",
"identifier": "724 F.3d 426, 430-31",
"parenthetical": "declining to \"definitively declare that the individual right to bear arms for the purpose of self-defense extends beyond the home\"",
"sentence": "See Drake v. Filko, 724 F.3d 426, 430-31 (3rd Cir.2013) (declining to “definitively decla... | 4,126,468 | b |
Instead he asserts a broader claim -- that the Second Amendment protects an individual's right to openly carry a handgun on a public sidewalk. Neither the parties nor my own research has identified any case in which the Second Amendment was held to cover such a right. Instead, several appellate courts have expressly de... | {
"signal": "see also",
"identifier": "638 F.3d 458, 475",
"parenthetical": "\"On the question of Heller's applicability outside of the home environment, we think it prudent to await direction from the Court itself.\"",
"sentence": "See Drake v. Filko, 724 F.3d 426, 430-31 (3rd Cir.2013) (declining to “definiti... | {
"signal": "see",
"identifier": "724 F.3d 426, 430-31",
"parenthetical": "declining to \"definitively declare that the individual right to bear arms for the purpose of self-defense extends beyond the home\"",
"sentence": "See Drake v. Filko, 724 F.3d 426, 430-31 (3rd Cir.2013) (declining to “definitively decla... | 4,126,468 | b |
However, by introducing the prior inconsistent statement in the child's letter, defense counsel necessarily implied a separate charge of recent fabrication: defense counsel was impliedly asserting that the statement in the letter was true and the testimony at trial was fabricated more recently than the statement in the... | {
"signal": "see also",
"identifier": null,
"parenthetical": "prior consistent statement admissible if made before prior inconsistent statement that was subject of cross-examination",
"sentence": "See State v. Boobar, 637 A.2d 1162 (Me.1994)(reeent fabrication and improper influence are wholly separate motives ... | {
"signal": "see",
"identifier": null,
"parenthetical": "reeent fabrication and improper influence are wholly separate motives and each is an independent ground for admission of a prior consistent statement",
"sentence": "See State v. Boobar, 637 A.2d 1162 (Me.1994)(reeent fabrication and improper influence are... | 11,874,333 | b |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see also",
"identifier": "451 U.S. 477, 485-86",
"parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ...... | {
"signal": "see",
"identifier": "384 U.S. 466, 466",
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see M... | 3,997,938 | b |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adeq... | {
"signal": "see",
"identifier": "384 U.S. 466, 466",
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see M... | 3,997,938 | b |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see",
"identifier": "384 U.S. 466, 466",
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see M... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adeq... | 3,997,938 | a |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see",
"identifier": "384 U.S. 466, 466",
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see M... | {
"signal": "see also",
"identifier": "423 U.S. 96, 112-13, 116-17",
"parenthetical": "\"Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is t... | 3,997,938 | a |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alter... | {
"signal": "see",
"identifier": "384 U.S. 466, 466",
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see M... | 3,997,938 | b |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see",
"identifier": "384 U.S. 466, 466",
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see M... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is the only appropriate alter... | 3,997,938 | a |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see",
"identifier": "384 U.S. 466, 466",
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see M... | {
"signal": "see also",
"identifier": "757 F.Supp. 259, 264",
"parenthetical": "\"[I]f Miranda warnings are meant to protect a defendant until he can consult counsel, ... they are not necessary when counsel is present.\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The pre... | 3,997,938 | a |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see also",
"identifier": "451 U.S. 477, 485-86",
"parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ...... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S... | 3,997,938 | b |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adeq... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S... | 3,997,938 | b |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"The Fifth Amendment right identified in Miranda is the right to have counsel present at any custodial interrogation.\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S. at 466, 86 S.Ct. 1602 (“The presence of counsel ... would be the adeq... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S... | 3,997,938 | b |
The Utah Court of Appeals concluded that effective safeguards other than the Miranda warnings may be constitutionally permissible. In particular, it concluded that the presence of counsel at Mr. Vos's interrogation adequately substituted for Miranda warnings. | {
"signal": "see also",
"identifier": "423 U.S. 96, 112-13, 116-17",
"parenthetical": "\"Miranda held that any confession obtained when not preceded by the required warnings or an adequate substitute safeguard was per se inadmissible in evidence.... [L]anguage in Miranda suggests that the presence of counsel is t... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"The presence of counsel ... would be the adequate protective device necessary to make the process of police interrogation conform to the dictates of the privilege [against self-incrimination].\"",
"sentence": "Vos, 164 P.3d at 1263; see Miranda, 384 U.S... | 3,997,938 | b |
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