context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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It is, as indicated, certainly arguable that these varying ascriptions of the language used and meaning intended by the defendants are insufficient to enable a jury reasonably to find, as Stone had the burden to prove, that defendants misrepresented to him their power to expel him summarily. | {
"signal": "see also",
"identifier": "399 F.Supp. 1068, 1078",
"parenthetical": "\"Neither plaintiff's rhetoric nor his imagination can make undisputed facts into disputed ones or raise a genuine issue with respect thereto.\"",
"sentence": "See Anderson, 477 U.S. at 252, 106 S.Ct. at 2512 (“The mere existence ... | {
"signal": "see",
"identifier": "477 U.S. 252, 252",
"parenthetical": "\"The mere existence of a scintilla of evidence in support of the [non-movant's] position will be insufficient [to survive a properly supported motion for summary judgment].\"",
"sentence": "See Anderson, 477 U.S. at 252, 106 S.Ct. at 2512 ... | 10,525,741 | b |
It is, as indicated, certainly arguable that these varying ascriptions of the language used and meaning intended by the defendants are insufficient to enable a jury reasonably to find, as Stone had the burden to prove, that defendants misrepresented to him their power to expel him summarily. | {
"signal": "see",
"identifier": "477 U.S. 252, 252",
"parenthetical": "\"The mere existence of a scintilla of evidence in support of the [non-movant's] position will be insufficient [to survive a properly supported motion for summary judgment].\"",
"sentence": "See Anderson, 477 U.S. at 252, 106 S.Ct. at 2512 ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Neither plaintiff's rhetoric nor his imagination can make undisputed facts into disputed ones or raise a genuine issue with respect thereto.\"",
"sentence": "See Anderson, 477 U.S. at 252, 106 S.Ct. at 2512 (“The mere existence of a scintilla of ev... | 10,525,741 | a |
It is, as indicated, certainly arguable that these varying ascriptions of the language used and meaning intended by the defendants are insufficient to enable a jury reasonably to find, as Stone had the burden to prove, that defendants misrepresented to him their power to expel him summarily. | {
"signal": "see",
"identifier": "106 S.Ct. 2512, 2512",
"parenthetical": "\"The mere existence of a scintilla of evidence in support of the [non-movant's] position will be insufficient [to survive a properly supported motion for summary judgment].\"",
"sentence": "See Anderson, 477 U.S. at 252, 106 S.Ct. at 25... | {
"signal": "see also",
"identifier": "399 F.Supp. 1068, 1078",
"parenthetical": "\"Neither plaintiff's rhetoric nor his imagination can make undisputed facts into disputed ones or raise a genuine issue with respect thereto.\"",
"sentence": "See Anderson, 477 U.S. at 252, 106 S.Ct. at 2512 (“The mere existence ... | 10,525,741 | a |
It is, as indicated, certainly arguable that these varying ascriptions of the language used and meaning intended by the defendants are insufficient to enable a jury reasonably to find, as Stone had the burden to prove, that defendants misrepresented to him their power to expel him summarily. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Neither plaintiff's rhetoric nor his imagination can make undisputed facts into disputed ones or raise a genuine issue with respect thereto.\"",
"sentence": "See Anderson, 477 U.S. at 252, 106 S.Ct. at 2512 (“The mere existence of a scintilla of ev... | {
"signal": "see",
"identifier": "106 S.Ct. 2512, 2512",
"parenthetical": "\"The mere existence of a scintilla of evidence in support of the [non-movant's] position will be insufficient [to survive a properly supported motion for summary judgment].\"",
"sentence": "See Anderson, 477 U.S. at 252, 106 S.Ct. at 25... | 10,525,741 | b |
This circuit has consistently held that in order for SS 2D1.1(b)(1) to apply, the government must prove by a preponderance of the evidence that a dangerous weapon was present when the crimes ioere committed, and that it was not clearly improbable that the weapon had some nexus with the criminal activity. | {
"signal": "see",
"identifier": "44 F.3d 673, 674",
"parenthetical": "holding enhancement not appropriate because firearms were seized from defendant's home thirty-seven days after last known drug sale occurred",
"sentence": "See United States v. Shields, 44 F.3d 673, 674 (8th Cir.1995) (holding enhancement no... | {
"signal": "see also",
"identifier": "968 F.2d 729, 731-33",
"parenthetical": "holding enhancement not appropriate because of two and one-half month lapse between the criminal activity and the discovery of the weapons, and no evidence that weapons were present when defendant committed charged offense",
"senten... | 11,432,703 | a |
The resolution of Defendant Debtors' trademark infringement claim will require significant consideration of non-Title 11 federal law, satisfying SS 157(d). If left with the bankruptcy court, the complaint's trademark infringement claim will require that court to determine the validity and scope of alleged marks under t... | {
"signal": "see",
"identifier": "337 B.R. 262, 268",
"parenthetical": "observing, in dicta, that a Lanham Act claim and dispute over trademark's abandonment \"would likely be subject to mandatory withdraw of the reference\" under SS 157(d",
"sentence": "See In re Petition of Wuthrich, 337 B.R. 262, 268 (Bankr.... | {
"signal": "see also",
"identifier": "676 F.3d 144, 152-53",
"parenthetical": "laying out a multi-part test to establish trademark infringement claim under the Lanham Act and articulating \"at least nine factors\" relevant to one part of that test",
"sentence": "See In re Petition of Wuthrich, 337 B.R. 262, 26... | 4,221,139 | a |
The resolution of Defendant Debtors' trademark infringement claim will require significant consideration of non-Title 11 federal law, satisfying SS 157(d). If left with the bankruptcy court, the complaint's trademark infringement claim will require that court to determine the validity and scope of alleged marks under t... | {
"signal": "cf.",
"identifier": "2002 WL 243779, at *3",
"parenthetical": "holding that \"whether an accused product infringes a patent requires significant and material consideration of patent law\" and thus withdrawal of reference was mandatory",
"sentence": "See In re Petition of Wuthrich, 337 B.R. 262, 268... | {
"signal": "see",
"identifier": "337 B.R. 262, 268",
"parenthetical": "observing, in dicta, that a Lanham Act claim and dispute over trademark's abandonment \"would likely be subject to mandatory withdraw of the reference\" under SS 157(d",
"sentence": "See In re Petition of Wuthrich, 337 B.R. 262, 268 (Bankr.... | 4,221,139 | b |
The resolution of Defendant Debtors' trademark infringement claim will require significant consideration of non-Title 11 federal law, satisfying SS 157(d). If left with the bankruptcy court, the complaint's trademark infringement claim will require that court to determine the validity and scope of alleged marks under t... | {
"signal": "see also",
"identifier": "676 F.3d 144, 152-53",
"parenthetical": "laying out a multi-part test to establish trademark infringement claim under the Lanham Act and articulating \"at least nine factors\" relevant to one part of that test",
"sentence": "See In re Petition of Wuthrich, 337 B.R. 262, 26... | {
"signal": "see",
"identifier": "64 B.R. 728, 731",
"parenthetical": "holding that trademark infringement claim based on unauthorized use of mark entailed material and substan tial consideration of non-Title 11 law",
"sentence": "See In re Petition of Wuthrich, 337 B.R. 262, 268 (Bankr.S.D.N.Y.2006) (observing... | 4,221,139 | b |
The resolution of Defendant Debtors' trademark infringement claim will require significant consideration of non-Title 11 federal law, satisfying SS 157(d). If left with the bankruptcy court, the complaint's trademark infringement claim will require that court to determine the validity and scope of alleged marks under t... | {
"signal": "cf.",
"identifier": "2002 WL 243779, at *3",
"parenthetical": "holding that \"whether an accused product infringes a patent requires significant and material consideration of patent law\" and thus withdrawal of reference was mandatory",
"sentence": "See In re Petition of Wuthrich, 337 B.R. 262, 268... | {
"signal": "see",
"identifier": "64 B.R. 728, 731",
"parenthetical": "holding that trademark infringement claim based on unauthorized use of mark entailed material and substan tial consideration of non-Title 11 law",
"sentence": "See In re Petition of Wuthrich, 337 B.R. 262, 268 (Bankr.S.D.N.Y.2006) (observing... | 4,221,139 | b |
The resolution of Defendant Debtors' trademark infringement claim will require significant consideration of non-Title 11 federal law, satisfying SS 157(d). If left with the bankruptcy court, the complaint's trademark infringement claim will require that court to determine the validity and scope of alleged marks under t... | {
"signal": "see also",
"identifier": "676 F.3d 144, 152-53",
"parenthetical": "laying out a multi-part test to establish trademark infringement claim under the Lanham Act and articulating \"at least nine factors\" relevant to one part of that test",
"sentence": "See In re Petition of Wuthrich, 337 B.R. 262, 26... | {
"signal": "cf.",
"identifier": "2002 WL 243779, at *3",
"parenthetical": "holding that \"whether an accused product infringes a patent requires significant and material consideration of patent law\" and thus withdrawal of reference was mandatory",
"sentence": "See In re Petition of Wuthrich, 337 B.R. 262, 268... | 4,221,139 | a |
Granting qualified immunity in such instances would thwart SS 1983's purpose of preventing the abuse of official authority. Indeed, one of the primary concerns of those common law courts that refused to recognize cooperation with law enforcement as a defense in false arrest actions was that private defendants should no... | {
"signal": "but see",
"identifier": "3 So. 441, 441",
"parenthetical": "'When [the officer's] general power is known, his call will justify the citizen in yielding obedience, unless [the private citizen] has notice of the want of authority in the particular case in which assistance is required.\" (emphasis added... | {
"signal": "see",
"identifier": "1815 WL 992, at *5",
"parenthetical": "\"Suppose the officer in this case had proceeded, without necessity or provocation, to beat and wound the plaintiff or his family, it is very clear that these two defendants would not be justified in aiding him in such wanton abuse.\"",
"s... | 11,181,124 | b |
The Supreme Court has held that the decision to deviate from the general rule is a matter "left primarily to the discretion of the courts of appeals, to be exercised on the facts of individual cases." Moreover, the Supreme Court has long recognized that we should not decide constitutional questions when their resolutio... | {
"signal": "see also",
"identifier": "271 F.3d 670, 687",
"parenthetical": "noting that \"where possible, a court should rule on a narrow ground in order to avoid a constitutional question.\"",
"sentence": "See also Bejjani v. INS, 271 F.3d 670, 687 (2002) (noting that “where possible, a court should rule on a... | {
"signal": "no signal",
"identifier": "405 U.S. 625, 633",
"parenthetical": "noting the \"custom of avoiding decision of constitutional issues unnecessary to the decision of the case before us.\"",
"sentence": "Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (noting the “custom ... | 9,365,056 | b |
The Supreme Court has held that the decision to deviate from the general rule is a matter "left primarily to the discretion of the courts of appeals, to be exercised on the facts of individual cases." Moreover, the Supreme Court has long recognized that we should not decide constitutional questions when their resolutio... | {
"signal": "see also",
"identifier": "271 F.3d 670, 687",
"parenthetical": "noting that \"where possible, a court should rule on a narrow ground in order to avoid a constitutional question.\"",
"sentence": "See also Bejjani v. INS, 271 F.3d 670, 687 (2002) (noting that “where possible, a court should rule on a... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "noting the \"custom of avoiding decision of constitutional issues unnecessary to the decision of the case before us.\"",
"sentence": "Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (noting the “custom of avoiding dec... | 9,365,056 | b |
The Supreme Court has held that the decision to deviate from the general rule is a matter "left primarily to the discretion of the courts of appeals, to be exercised on the facts of individual cases." Moreover, the Supreme Court has long recognized that we should not decide constitutional questions when their resolutio... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "noting the \"custom of avoiding decision of constitutional issues unnecessary to the decision of the case before us.\"",
"sentence": "Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972) (noting the “custom of avoiding dec... | {
"signal": "see also",
"identifier": "271 F.3d 670, 687",
"parenthetical": "noting that \"where possible, a court should rule on a narrow ground in order to avoid a constitutional question.\"",
"sentence": "See also Bejjani v. INS, 271 F.3d 670, 687 (2002) (noting that “where possible, a court should rule on a... | 9,365,056 | a |
P 5 An easement is a right that one party has to use the land of another for a specific purpose. However, a party may not acquire a prescriptive easement over a public highway. | {
"signal": "see also",
"identifier": "218 Ariz. 196, ¶ 24",
"parenthetical": "we apply principles relating to adverse possession and prescriptive easements interchangeably",
"sentence": "See Cracchiolo v. State, 6 Ariz.App. 597, 600, 435 P.2d 726, 729 (1967) (generally no easement can be acquired over property... | {
"signal": "see",
"identifier": "6 Ariz.App. 597, 600",
"parenthetical": "generally no easement can be acquired over property owned by state, particularly if held for public use",
"sentence": "See Cracchiolo v. State, 6 Ariz.App. 597, 600, 435 P.2d 726, 729 (1967) (generally no easement can be acquired over pr... | 5,754,894 | b |
P 5 An easement is a right that one party has to use the land of another for a specific purpose. However, a party may not acquire a prescriptive easement over a public highway. | {
"signal": "see also",
"identifier": "181 P.3d 250, 250",
"parenthetical": "we apply principles relating to adverse possession and prescriptive easements interchangeably",
"sentence": "See Cracchiolo v. State, 6 Ariz.App. 597, 600, 435 P.2d 726, 729 (1967) (generally no easement can be acquired over property o... | {
"signal": "see",
"identifier": "6 Ariz.App. 597, 600",
"parenthetical": "generally no easement can be acquired over property owned by state, particularly if held for public use",
"sentence": "See Cracchiolo v. State, 6 Ariz.App. 597, 600, 435 P.2d 726, 729 (1967) (generally no easement can be acquired over pr... | 5,754,894 | b |
P 5 An easement is a right that one party has to use the land of another for a specific purpose. However, a party may not acquire a prescriptive easement over a public highway. | {
"signal": "see also",
"identifier": "218 Ariz. 196, ¶ 24",
"parenthetical": "we apply principles relating to adverse possession and prescriptive easements interchangeably",
"sentence": "See Cracchiolo v. State, 6 Ariz.App. 597, 600, 435 P.2d 726, 729 (1967) (generally no easement can be acquired over property... | {
"signal": "see",
"identifier": "435 P.2d 726, 729",
"parenthetical": "generally no easement can be acquired over property owned by state, particularly if held for public use",
"sentence": "See Cracchiolo v. State, 6 Ariz.App. 597, 600, 435 P.2d 726, 729 (1967) (generally no easement can be acquired over prope... | 5,754,894 | b |
P 5 An easement is a right that one party has to use the land of another for a specific purpose. However, a party may not acquire a prescriptive easement over a public highway. | {
"signal": "see",
"identifier": "435 P.2d 726, 729",
"parenthetical": "generally no easement can be acquired over property owned by state, particularly if held for public use",
"sentence": "See Cracchiolo v. State, 6 Ariz.App. 597, 600, 435 P.2d 726, 729 (1967) (generally no easement can be acquired over prope... | {
"signal": "see also",
"identifier": "181 P.3d 250, 250",
"parenthetical": "we apply principles relating to adverse possession and prescriptive easements interchangeably",
"sentence": "See Cracchiolo v. State, 6 Ariz.App. 597, 600, 435 P.2d 726, 729 (1967) (generally no easement can be acquired over property o... | 5,754,894 | a |
However, he never discussed the claims themselves. Given this cursory treatment, we cannot consider the claims as part of this appeal. | {
"signal": "see also",
"identifier": "898 P.2d 929, 934",
"parenthetical": "issue on appeal from administrative agency waived or abandoned when inadequately briefed before superior court",
"sentence": "See Adamson v. University of Alaska, 819 P.2d 886, 889 n. 3 (Alaska 1991) (\"where an argument is given only ... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"where an argument is given only cursory statement in the argument portion of a brief, the point will not be considered on appeal\"",
"sentence": "See Adamson v. University of Alaska, 819 P.2d 886, 889 n. 3 (Alaska 1991) (\"where an argument is given onl... | 11,113,247 | b |
Moreover, as we have shown, Lopez ultimately was not prejudiced. Thus exercise of the court's supervisory powers to dismiss the indictment is not warranted, even if we could certify Lopez's request to file a successive habeas petition, and even assuming the district court could invoke such powers which are "not typical... | {
"signal": "see also",
"identifier": "580 F.2d 365, 367",
"parenthetical": "concluding district court did not err in denying motion to dismiss the indictment where defendant showed no prejudice",
"sentence": "See United States v. Ross, 372 F.3d 1097, 1107, 1110 (9th Cir.2004) (“Because no government misconduct... | {
"signal": "see",
"identifier": "372 F.3d 1097, 1107, 1110",
"parenthetical": "\"Because no government misconduct prejudiced [defendant], dismissal of the indictment is not warranted.\"",
"sentence": "See United States v. Ross, 372 F.3d 1097, 1107, 1110 (9th Cir.2004) (“Because no government misconduct prejudi... | 4,066,236 | b |
. While not at issue in this case, mortgages frequently encumber mineral rights and the like. Under Connecticut law, such rights are clearly an integral part of the fee ownership of the land, until and unless they are severed from the surface estate. | {
"signal": "cf.",
"identifier": "149 B.R. 441, 445",
"parenthetical": "a security interest in oil, gas and mineral rights did not remove the mortgage from the protection of SS 1322(b",
"sentence": "See Miller v. State of Connecticut, 121 Conn. 43, 47, 183 A. 17 (1936) (the owner of land may convey the surface ... | {
"signal": "see",
"identifier": "77 Conn. 168, 173",
"parenthetical": "the owner of the fee may reserve mining rights from a conveyance of the fee, in which event the fee to minerals is conveyed, and the grantor retains only the privilege to enter on the land and remove minerals which become the grantor's proper... | 6,528,499 | b |
. While not at issue in this case, mortgages frequently encumber mineral rights and the like. Under Connecticut law, such rights are clearly an integral part of the fee ownership of the land, until and unless they are severed from the surface estate. | {
"signal": "see",
"identifier": null,
"parenthetical": "the owner of the fee may reserve mining rights from a conveyance of the fee, in which event the fee to minerals is conveyed, and the grantor retains only the privilege to enter on the land and remove minerals which become the grantor's property once removed... | {
"signal": "cf.",
"identifier": "149 B.R. 441, 445",
"parenthetical": "a security interest in oil, gas and mineral rights did not remove the mortgage from the protection of SS 1322(b",
"sentence": "See Miller v. State of Connecticut, 121 Conn. 43, 47, 183 A. 17 (1936) (the owner of land may convey the surface ... | 6,528,499 | a |
. While not at issue in this case, mortgages frequently encumber mineral rights and the like. Under Connecticut law, such rights are clearly an integral part of the fee ownership of the land, until and unless they are severed from the surface estate. | {
"signal": "see",
"identifier": "41 Conn. 112, 129",
"parenthetical": "\"Mineral and ore rights, when severed from the land and owned by tenants in common, are real estate....\"",
"sentence": "See Miller v. State of Connecticut, 121 Conn. 43, 47, 183 A. 17 (1936) (the owner of land may convey the surface or so... | {
"signal": "cf.",
"identifier": "149 B.R. 441, 445",
"parenthetical": "a security interest in oil, gas and mineral rights did not remove the mortgage from the protection of SS 1322(b",
"sentence": "See Miller v. State of Connecticut, 121 Conn. 43, 47, 183 A. 17 (1936) (the owner of land may convey the surface ... | 6,528,499 | a |
See generally Compl.; Pis.' Mot. Although the court may award damages based solely on an estimate, it cannot do so in this case because it lacks the necessary information to verify the plaintiffs' claim for unpaid contributions. | {
"signal": "cf.",
"identifier": "267 F.R.D. 430, 434",
"parenthetical": "approving the plaintiffs' calculation of damages as reasonable because the plaintiffs estimated the unpaid contributions due each month based on an average of the three previous months for which reports were submitted",
"sentence": "See C... | {
"signal": "see",
"identifier": "105 F.R.D. 474, 474",
"parenthetical": "stating that if monetary damages are based on an estimate, the court must conduct a factual evaluation before entering default judgment",
"sentence": "See Combs, 105 F.R.D. at 474 (stating that if monetary damages are based on an estimate... | 4,082,384 | b |
Thus, the touchstone of the relation back doctrine is fairness; does the substituted or additional party have fair notice of the cause of action, within the prescribed statutory period, such that the party's rights will not be prejudiced? In construing this rule, as with all rules of procedure, we are governed by the "... | {
"signal": "see also",
"identifier": "346 U.S. 945, 946",
"parenthetical": "the \"principal function of procedural rules should be to serve as useful guides to help, not hinder, persons who have a legal right to bring their problems before the courts\"",
"sentence": "See id. at 15-146; Merrill v. Faltin, 430 P... | {
"signal": "see",
"identifier": "430 P.2d 913, 915",
"parenthetical": "\"the purpose of pleading under our civil rules [is] to facilitate a proper decision on the merits of the controversy\"",
"sentence": "See id. at 15-146; Merrill v. Faltin, 430 P.2d 913, 915 (Alaska 1967) (“the purpose of pleading under our... | 10,380,023 | b |
Where, as here, the evidence points to no clear conclusion on appellant's alleged participation, we will not infer it. Rather, the case must be remanded to allow the trial judge to make appropriate findings that are susceptible to appellate review should the appellant again seek review in this court. | {
"signal": "see",
"identifier": "242 F.3d 410, 410",
"parenthetical": "remanding case for district court to determine applicability of sentencing enhancement because \"on the record before us we cannot conclude with confidence that it employed the correct legal standard in applying the ... enhancement\"",
"sen... | {
"signal": "cf.",
"identifier": "268 F.3d 1117, 1118",
"parenthetical": "remanding case for further factfinding, because the trial judge had failed to make findings of fact essential to decide the issue on review",
"sentence": "See McCoy, 242 F.3d at 410 (remanding case for district court to determine applicab... | 4,011,937 | a |
In fact, we determine this claim to be nothing more than an attempt to re-litigate the issue of the existence of exculpatory evidence under the guise of a new claim. This issue is not available for re-litigation. | {
"signal": "cf.",
"identifier": "521 N.E.2d 947, 949",
"parenthetical": "both of which hold that petitioner's allegation of ineffective assistance of counsel is an attempt to circumvent post-conviction rules in order to present issues which have been waived",
"sentence": "Cf. Schiro v. State, 533 N.E.2d 1201, ... | {
"signal": "see",
"identifier": "668 N.E.2d 691, 699",
"parenthetical": "\"the principle of res judi-cata prevents the repetitious litigation of that which is essentially the same dispute.\"",
"sentence": "See Yerden v. State, 682 N.E.2d 1283, 1286 (Ind.1997); Scott v. Scott, 668 N.E.2d 691, 699 (Ind.Ct.App.19... | 11,830,193 | b |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see also",
"identifier": "481 U.S. 412, 422",
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty actio... | {
"signal": "see",
"identifier": "211 F.3d 1210, 1216",
"parenthetical": "noting that \"the defense of qualified immunity is available to public officials who are sued under the Federal Wiretap Act\" in a private cause of action",
"sentence": "See, e.g., Tapley v. Collins, 211 F.3d 1210, 1216 (11th Cir.2000) (n... | 4,255,907 | b |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty action, the Governme... | {
"signal": "see",
"identifier": "211 F.3d 1210, 1216",
"parenthetical": "noting that \"the defense of qualified immunity is available to public officials who are sued under the Federal Wiretap Act\" in a private cause of action",
"sentence": "See, e.g., Tapley v. Collins, 211 F.3d 1210, 1216 (11th Cir.2000) (n... | 4,255,907 | b |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty action, the Governme... | {
"signal": "see",
"identifier": "211 F.3d 1210, 1216",
"parenthetical": "noting that \"the defense of qualified immunity is available to public officials who are sued under the Federal Wiretap Act\" in a private cause of action",
"sentence": "See, e.g., Tapley v. Collins, 211 F.3d 1210, 1216 (11th Cir.2000) (n... | 4,255,907 | b |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see",
"identifier": "161 F.3d 1290, 1299-1300",
"parenthetical": "concluding that Congress' silence regarding the common law defense of qualified immunity indicated that it was available to \"a public official sued in her individual capacity\" by a former employee under the Fair Housing Act, 42 U.S.C... | {
"signal": "see also",
"identifier": "481 U.S. 412, 422",
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty actio... | 4,255,907 | a |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see",
"identifier": "161 F.3d 1290, 1299-1300",
"parenthetical": "concluding that Congress' silence regarding the common law defense of qualified immunity indicated that it was available to \"a public official sued in her individual capacity\" by a former employee under the Fair Housing Act, 42 U.S.C... | {
"signal": "see also",
"identifier": null,
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty action, the Governme... | 4,255,907 | a |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see",
"identifier": "161 F.3d 1290, 1299-1300",
"parenthetical": "concluding that Congress' silence regarding the common law defense of qualified immunity indicated that it was available to \"a public official sued in her individual capacity\" by a former employee under the Fair Housing Act, 42 U.S.C... | {
"signal": "see also",
"identifier": null,
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty action, the Governme... | 4,255,907 | a |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see",
"identifier": "133 S.Ct. 1216, 1223",
"parenthetical": "\"In a civil penalty action, the Government is not only a different kind of plaintiff, it seeks a different kind of relief,\" namely \"penalties, which go beyond compensation, are intended to punish, and label defendants wrongdoers\"",
"... | {
"signal": "see also",
"identifier": "481 U.S. 412, 422",
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty actio... | 4,255,907 | a |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty action, the Governme... | {
"signal": "see",
"identifier": "133 S.Ct. 1216, 1223",
"parenthetical": "\"In a civil penalty action, the Government is not only a different kind of plaintiff, it seeks a different kind of relief,\" namely \"penalties, which go beyond compensation, are intended to punish, and label defendants wrongdoers\"",
"... | 4,255,907 | b |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see also",
"identifier": null,
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty action, the Governme... | {
"signal": "see",
"identifier": "133 S.Ct. 1216, 1223",
"parenthetical": "\"In a civil penalty action, the Government is not only a different kind of plaintiff, it seeks a different kind of relief,\" namely \"penalties, which go beyond compensation, are intended to punish, and label defendants wrongdoers\"",
"... | 4,255,907 | b |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"In a civil penalty action, the Government is not only a different kind of plaintiff, it seeks a different kind of relief,\" namely \"penalties, which go beyond compensation, are intended to punish, and label defendants wrongdoers\"",
"sentence": "See Ga... | {
"signal": "see also",
"identifier": "481 U.S. 412, 422",
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty actio... | 4,255,907 | a |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"In a civil penalty action, the Government is not only a different kind of plaintiff, it seeks a different kind of relief,\" namely \"penalties, which go beyond compensation, are intended to punish, and label defendants wrongdoers\"",
"sentence": "See Ga... | {
"signal": "see also",
"identifier": null,
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty action, the Governme... | 4,255,907 | a |
We agree with Boudreaux's assessment that courts have routinely applied the qualified immunity defense to actions seek ing damages against public officials performing discretionary functions. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"In a civil penalty action, the Government is not only a different kind of plaintiff, it seeks a different kind of relief,\" namely \"penalties, which go beyond compensation, are intended to punish, and label defendants wrongdoers\"",
"sentence": "See Ga... | {
"signal": "see also",
"identifier": null,
"parenthetical": "penalties are \"intended to punish culpable individuals,\" not \"to extract compensation or restore the status quo\"",
"sentence": "See Gabelli v. SEC, 568 U.S. -, 133 S.Ct. 1216, 1223, 185 L.Ed.2d 297 (2013) (“In a civil penalty action, the Governme... | 4,255,907 | a |
It is the treatment provisions of the statutory scheme that purportedly distinguish Minnesota's sex offender commitment law from criminal punishment. Therefore, individuals must be committed for the purpose of receiving treatment-- not as retribution for their past criminal acts, however heinous, for which they have al... | {
"signal": "see",
"identifier": "534 U.S. 412, 412",
"parenthetical": "distinguishing \"a dangerous sexual offender subject to civil commitment from other dangerous persons\" and finding such a distinction \"necessary lest civil commitment become a mechanism for retribution or general deterrence -- functions pro... | {
"signal": "see also",
"identifier": "521 U.S. 373, 373",
"parenthetical": "\"If the civil system is used simply to impose punishment after the State makes an improvident plea bargain on the criminal side, then it is not performing its proper function.\"",
"sentence": "See Crane, 534 U.S. at 412, 122 S.Ct. 867... | 4,205,007 | a |
It is the treatment provisions of the statutory scheme that purportedly distinguish Minnesota's sex offender commitment law from criminal punishment. Therefore, individuals must be committed for the purpose of receiving treatment-- not as retribution for their past criminal acts, however heinous, for which they have al... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"If the civil system is used simply to impose punishment after the State makes an improvident plea bargain on the criminal side, then it is not performing its proper function.\"",
"sentence": "See Crane, 534 U.S. at 412, 122 S.Ct. 867 (distinguishin... | {
"signal": "see",
"identifier": "534 U.S. 412, 412",
"parenthetical": "distinguishing \"a dangerous sexual offender subject to civil commitment from other dangerous persons\" and finding such a distinction \"necessary lest civil commitment become a mechanism for retribution or general deterrence -- functions pro... | 4,205,007 | b |
It is the treatment provisions of the statutory scheme that purportedly distinguish Minnesota's sex offender commitment law from criminal punishment. Therefore, individuals must be committed for the purpose of receiving treatment-- not as retribution for their past criminal acts, however heinous, for which they have al... | {
"signal": "see also",
"identifier": "521 U.S. 373, 373",
"parenthetical": "\"If the civil system is used simply to impose punishment after the State makes an improvident plea bargain on the criminal side, then it is not performing its proper function.\"",
"sentence": "See Crane, 534 U.S. at 412, 122 S.Ct. 867... | {
"signal": "see",
"identifier": null,
"parenthetical": "distinguishing \"a dangerous sexual offender subject to civil commitment from other dangerous persons\" and finding such a distinction \"necessary lest civil commitment become a mechanism for retribution or general deterrence -- functions properly those of ... | 4,205,007 | b |
It is the treatment provisions of the statutory scheme that purportedly distinguish Minnesota's sex offender commitment law from criminal punishment. Therefore, individuals must be committed for the purpose of receiving treatment-- not as retribution for their past criminal acts, however heinous, for which they have al... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"If the civil system is used simply to impose punishment after the State makes an improvident plea bargain on the criminal side, then it is not performing its proper function.\"",
"sentence": "See Crane, 534 U.S. at 412, 122 S.Ct. 867 (distinguishin... | {
"signal": "see",
"identifier": null,
"parenthetical": "distinguishing \"a dangerous sexual offender subject to civil commitment from other dangerous persons\" and finding such a distinction \"necessary lest civil commitment become a mechanism for retribution or general deterrence -- functions properly those of ... | 4,205,007 | b |
Finally, we believe that the trial court did not abuse its discretion in issuing the anti-suit injunction because allowing Golden Rule to proceed would deprive Harper of his choice of forum. It is a fundamental principal of Texas jurisprudence that a plaintiff should be allowed to choose his or her forum. Generally, wh... | {
"signal": "see also",
"identifier": "819 S.W.2d 609, 609",
"parenthetical": "dissolving temporary injunction where Texas action asserting defensive claims of fraudulent inducement was filed prior to bank's debt collection action in New York",
"sentence": "See, e.g., Christensen, 719 S.W.2d at 162 (declaratory... | {
"signal": "see",
"identifier": "719 S.W.2d 162, 162",
"parenthetical": "declaratory action filed in Texas prior to suit in California",
"sentence": "See, e.g., Christensen, 719 S.W.2d at 162 (declaratory action filed in Texas prior to suit in California); Total Minatome, 851 S.W.2d at 338 (declaratory action ... | 10,020,718 | b |
Finally, we believe that the trial court did not abuse its discretion in issuing the anti-suit injunction because allowing Golden Rule to proceed would deprive Harper of his choice of forum. It is a fundamental principal of Texas jurisprudence that a plaintiff should be allowed to choose his or her forum. Generally, wh... | {
"signal": "see",
"identifier": "851 S.W.2d 338, 338",
"parenthetical": "declaratory action filed in Texas prior to suit in Montana",
"sentence": "See, e.g., Christensen, 719 S.W.2d at 162 (declaratory action filed in Texas prior to suit in California); Total Minatome, 851 S.W.2d at 338 (declaratory action fil... | {
"signal": "see also",
"identifier": "819 S.W.2d 609, 609",
"parenthetical": "dissolving temporary injunction where Texas action asserting defensive claims of fraudulent inducement was filed prior to bank's debt collection action in New York",
"sentence": "See, e.g., Christensen, 719 S.W.2d at 162 (declaratory... | 10,020,718 | a |
The factors considered by the Giovannetti court in determining whether an appellate court should undertake a harmless error analysis in situations where the government fails to raise it are: (1) the length and complexity of the record, (2) the certainty of the harmlessness finding, and (3) whether a reversal will resul... | {
"signal": "no signal",
"identifier": "949 F.2d 532, 543",
"parenthetical": "raising harmless error analysis sua sponte where harmfulness of error was obvious",
"sentence": "Id. at 1348. See also United States v. Rodriguez Cortes, 949 F.2d 532, 543 (1st Cir.1991) (raising harmless error analysis sua sponte whe... | {
"signal": "cf.",
"identifier": "950 F.2d 1086, 1091-92",
"parenthetical": "appellate courts ordinarily have the discretion to address legal questions that are not timely raised",
"sentence": "Id. at 1348. See also United States v. Rodriguez Cortes, 949 F.2d 532, 543 (1st Cir.1991) (raising harmless error anal... | 10,528,033 | a |
The factors considered by the Giovannetti court in determining whether an appellate court should undertake a harmless error analysis in situations where the government fails to raise it are: (1) the length and complexity of the record, (2) the certainty of the harmlessness finding, and (3) whether a reversal will resul... | {
"signal": "cf.",
"identifier": "950 F.2d 1086, 1091-92",
"parenthetical": "appellate courts ordinarily have the discretion to address legal questions that are not timely raised",
"sentence": "Id. at 1348. See also United States v. Rodriguez Cortes, 949 F.2d 532, 543 (1st Cir.1991) (raising harmless error anal... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "court addresses unbriefed harmless error claim based on the \"certainty of harmlessness\"",
"sentence": "Id. at 1348. See also United States v. Rodriguez Cortes, 949 F.2d 532, 543 (1st Cir.1991) (raising harmless error analysis sua sponte where harm... | 10,528,033 | b |
But even if Zambrana and Ervin had preserved their challenges as to how the district court "informed its discretion," the arguments would have failed. Because their substantive arguments in support of their motions for new trial are meritless, any purported procedural deficiency in the manner in which the district cour... | {
"signal": "see",
"identifier": "337 F.3d 897, 901-02",
"parenthetical": "holding that district court's failure to hold evidentiary hearing to ascertain whether defendant breached plea agreement was harmless when it was clear defendant breached agreement",
"sentence": "See United States v. Kelly, 337 F.3d 897,... | {
"signal": "see also",
"identifier": "525 F.3d 742, 764",
"parenthetical": "holding that \"any error the district court may have committed\" at evidentiary hearing addressing ineffective-assistance-of-counsel claim was harmless because defendant failed to show he was prejudiced by counsel's alleged shortcomings"... | 4,235,885 | a |
But even if Zambrana and Ervin had preserved their challenges as to how the district court "informed its discretion," the arguments would have failed. Because their substantive arguments in support of their motions for new trial are meritless, any purported procedural deficiency in the manner in which the district cour... | {
"signal": "see",
"identifier": "337 F.3d 897, 901-02",
"parenthetical": "holding that district court's failure to hold evidentiary hearing to ascertain whether defendant breached plea agreement was harmless when it was clear defendant breached agreement",
"sentence": "See United States v. Kelly, 337 F.3d 897,... | {
"signal": "see also",
"identifier": "443 F.3d 1211, 1225-26",
"parenthetical": "stating that district court's failure to hold evidentiary hearing on issue of removal was harmless where evidence clearly supported removal: \"In our view, to reverse and remand to the district court for an evidentiary hearing (on n... | 4,235,885 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "but see",
"identifier": "336 So.2d 199, 202",
"parenthetical": "warrant authorizing the search of \"any motor vehicle adjacent to [a] motor home\" did not particularly describe the place to be searched",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizin... | {
"signal": "no signal",
"identifier": "885 F.2d 250, 252",
"parenthetical": "upheld a warrant authorizing the search of \"any and all vehicles found parked on the premises\"",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any and all vehicles ... | 11,948,097 | b |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "but see",
"identifier": "788 S.W.2d 572, 576",
"parenthetical": "concluded that an \"all vehicles\" description in a search warrant did not meet the fourth amendment particularity requirement",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizing the sear... | {
"signal": "no signal",
"identifier": "885 F.2d 250, 252",
"parenthetical": "upheld a warrant authorizing the search of \"any and all vehicles found parked on the premises\"",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any and all vehicles ... | 11,948,097 | b |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "no signal",
"identifier": "770 P.2d 1286, 1292-93",
"parenthetical": "upheld a warrant authorizing the search of \"all vehicles ... on the property\"",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any and all vehicles found parked... | {
"signal": "but see",
"identifier": "336 So.2d 199, 202",
"parenthetical": "warrant authorizing the search of \"any motor vehicle adjacent to [a] motor home\" did not particularly describe the place to be searched",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizin... | 11,948,097 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "no signal",
"identifier": "770 P.2d 1286, 1292-93",
"parenthetical": "upheld a warrant authorizing the search of \"all vehicles ... on the property\"",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any and all vehicles found parked... | {
"signal": "but see",
"identifier": "788 S.W.2d 572, 576",
"parenthetical": "concluded that an \"all vehicles\" description in a search warrant did not meet the fourth amendment particularity requirement",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizing the sear... | 11,948,097 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "no signal",
"identifier": "560 So.2d 1303, 1304",
"parenthetical": "upheld a warrant authorizing police to search a residence and \"any and all outbuildings and vehicles thereon\"",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any... | {
"signal": "but see",
"identifier": "336 So.2d 199, 202",
"parenthetical": "warrant authorizing the search of \"any motor vehicle adjacent to [a] motor home\" did not particularly describe the place to be searched",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizin... | 11,948,097 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "but see",
"identifier": "788 S.W.2d 572, 576",
"parenthetical": "concluded that an \"all vehicles\" description in a search warrant did not meet the fourth amendment particularity requirement",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizing the sear... | {
"signal": "no signal",
"identifier": "560 So.2d 1303, 1304",
"parenthetical": "upheld a warrant authorizing police to search a residence and \"any and all outbuildings and vehicles thereon\"",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any... | 11,948,097 | b |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "no signal",
"identifier": "547 So.2d 323, 324",
"parenthetical": "upheld a warrant authorizing the search of \"all vehicles\" on the premises",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any and all vehicles found parked on the ... | {
"signal": "but see",
"identifier": "336 So.2d 199, 202",
"parenthetical": "warrant authorizing the search of \"any motor vehicle adjacent to [a] motor home\" did not particularly describe the place to be searched",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizin... | 11,948,097 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "but see",
"identifier": "788 S.W.2d 572, 576",
"parenthetical": "concluded that an \"all vehicles\" description in a search warrant did not meet the fourth amendment particularity requirement",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizing the sear... | {
"signal": "no signal",
"identifier": "547 So.2d 323, 324",
"parenthetical": "upheld a warrant authorizing the search of \"all vehicles\" on the premises",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any and all vehicles found parked on the ... | 11,948,097 | b |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "no signal",
"identifier": "402 So.2d 1216, 1218",
"parenthetical": "upheld a warrant authorizing the search of a residence and \"any and all outbuildings and vehicles thereon\"",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any an... | {
"signal": "but see",
"identifier": "336 So.2d 199, 202",
"parenthetical": "warrant authorizing the search of \"any motor vehicle adjacent to [a] motor home\" did not particularly describe the place to be searched",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizin... | 11,948,097 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "no signal",
"identifier": "402 So.2d 1216, 1218",
"parenthetical": "upheld a warrant authorizing the search of a residence and \"any and all outbuildings and vehicles thereon\"",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any an... | {
"signal": "but see",
"identifier": "788 S.W.2d 572, 576",
"parenthetical": "concluded that an \"all vehicles\" description in a search warrant did not meet the fourth amendment particularity requirement",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizing the sear... | 11,948,097 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "no signal",
"identifier": "155 Ga.App. 99, 100-101",
"parenthetical": "upheld a warrant authorizing police to search \"all automobiles\" located within the curtilage of a service station where the vehicle was sufficiently connected to the premises",
"sentence": "United States v. Alva, 885 F.2d 250,... | {
"signal": "but see",
"identifier": "336 So.2d 199, 202",
"parenthetical": "warrant authorizing the search of \"any motor vehicle adjacent to [a] motor home\" did not particularly describe the place to be searched",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizin... | 11,948,097 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "but see",
"identifier": "788 S.W.2d 572, 576",
"parenthetical": "concluded that an \"all vehicles\" description in a search warrant did not meet the fourth amendment particularity requirement",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizing the sear... | {
"signal": "no signal",
"identifier": "155 Ga.App. 99, 100-101",
"parenthetical": "upheld a warrant authorizing police to search \"all automobiles\" located within the curtilage of a service station where the vehicle was sufficiently connected to the premises",
"sentence": "United States v. Alva, 885 F.2d 250,... | 11,948,097 | b |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "but see",
"identifier": "336 So.2d 199, 202",
"parenthetical": "warrant authorizing the search of \"any motor vehicle adjacent to [a] motor home\" did not particularly describe the place to be searched",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizin... | {
"signal": "no signal",
"identifier": "270 S.E.2d 220, 221-22",
"parenthetical": "upheld a warrant authorizing police to search \"all automobiles\" located within the curtilage of a service station where the vehicle was sufficiently connected to the premises",
"sentence": "United States v. Alva, 885 F.2d 250, ... | 11,948,097 | b |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "no signal",
"identifier": "270 S.E.2d 220, 221-22",
"parenthetical": "upheld a warrant authorizing police to search \"all automobiles\" located within the curtilage of a service station where the vehicle was sufficiently connected to the premises",
"sentence": "United States v. Alva, 885 F.2d 250, ... | {
"signal": "but see",
"identifier": "788 S.W.2d 572, 576",
"parenthetical": "concluded that an \"all vehicles\" description in a search warrant did not meet the fourth amendment particularity requirement",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizing the sear... | 11,948,097 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "no signal",
"identifier": "161 Tex.Crim. 131, 132",
"parenthetical": "upheld warrant authorizing search of \"all automobiles\" on a used car lot",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any and all vehicles found parked on t... | {
"signal": "but see",
"identifier": "336 So.2d 199, 202",
"parenthetical": "warrant authorizing the search of \"any motor vehicle adjacent to [a] motor home\" did not particularly describe the place to be searched",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizin... | 11,948,097 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "but see",
"identifier": "788 S.W.2d 572, 576",
"parenthetical": "concluded that an \"all vehicles\" description in a search warrant did not meet the fourth amendment particularity requirement",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizing the sear... | {
"signal": "no signal",
"identifier": "161 Tex.Crim. 131, 132",
"parenthetical": "upheld warrant authorizing search of \"all automobiles\" on a used car lot",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any and all vehicles found parked on t... | 11,948,097 | b |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "no signal",
"identifier": "275 S.W.2d 110, 111",
"parenthetical": "upheld warrant authorizing search of \"all automobiles\" on a used car lot",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any and all vehicles found parked on the ... | {
"signal": "but see",
"identifier": "336 So.2d 199, 202",
"parenthetical": "warrant authorizing the search of \"any motor vehicle adjacent to [a] motor home\" did not particularly describe the place to be searched",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizin... | 11,948,097 | a |
Several decisions have upheld vehicle searches executed pursuant to warrants containing an "all vehicle" type description. | {
"signal": "but see",
"identifier": "788 S.W.2d 572, 576",
"parenthetical": "concluded that an \"all vehicles\" description in a search warrant did not meet the fourth amendment particularity requirement",
"sentence": "But see Peavy v. State, 336 So.2d 199, 202 (Ala.Crim.App.1976) (warrant authorizing the sear... | {
"signal": "no signal",
"identifier": "275 S.W.2d 110, 111",
"parenthetical": "upheld warrant authorizing search of \"all automobiles\" on a used car lot",
"sentence": "United States v. Alva, 885 F.2d 250, 252 (5th Cir.1989) (upheld a warrant authorizing the search of “any and all vehicles found parked on the ... | 11,948,097 | b |
As cognizable ATS claims are based on binding international law norms, they necessarily involve claims where there is a great deal of international consensus. | {
"signal": "see also",
"identifier": "70 F.3d 250, 250",
"parenthetical": "noting that \"it would be a rare case in which the act of state doctrine precluded suit under section 1350\"",
"sentence": "See Doe I, 395 F.3d at 959 (noting that “[b]e-cause jus cogens violations are, by definition, internationally de... | {
"signal": "see",
"identifier": "395 F.3d 959, 959",
"parenthetical": "noting that \"[b]e-cause jus cogens violations are, by definition, internationally denounced, there is a high degree of international consensus against them\"",
"sentence": "See Doe I, 395 F.3d at 959 (noting that “[b]e-cause jus cogens vio... | 8,939,734 | b |
Moreover, there could be no question in 2009 that detention authorized by an immigration detainer would require more than just reasonable suspicion. Although the line between an arrest that requires probable cause and a temporary detention for interrogation which does not is not always clear, pre-2009 cases did clearly... | {
"signal": "see also",
"identifier": "445 F.2d 217, 222",
"parenthetical": "whether an immigration stop of \"several minutes\" could be justified based solely on reasonable suspicion was a \"difficult ]\" question, but upholding the stop as it was \"minutes rather than hours\"",
"sentence": "See, e.g., United ... | {
"signal": "see",
"identifier": "462 U.S. 696, 709",
"parenthetical": "emphasizing that the Supreme Court had \"never approved a seizure of the person for the prolonged 90-minute period involved here\" based solely on reasonable suspicion, and \"cannot do so on the facts presented by this case\"",
"sentence": ... | 4,278,569 | b |
Moreover, there could be no question in 2009 that detention authorized by an immigration detainer would require more than just reasonable suspicion. Although the line between an arrest that requires probable cause and a temporary detention for interrogation which does not is not always clear, pre-2009 cases did clearly... | {
"signal": "see",
"identifier": null,
"parenthetical": "emphasizing that the Supreme Court had \"never approved a seizure of the person for the prolonged 90-minute period involved here\" based solely on reasonable suspicion, and \"cannot do so on the facts presented by this case\"",
"sentence": "See, e.g., Uni... | {
"signal": "see also",
"identifier": "445 F.2d 217, 222",
"parenthetical": "whether an immigration stop of \"several minutes\" could be justified based solely on reasonable suspicion was a \"difficult ]\" question, but upholding the stop as it was \"minutes rather than hours\"",
"sentence": "See, e.g., United ... | 4,278,569 | a |
Moreover, there could be no question in 2009 that detention authorized by an immigration detainer would require more than just reasonable suspicion. Although the line between an arrest that requires probable cause and a temporary detention for interrogation which does not is not always clear, pre-2009 cases did clearly... | {
"signal": "see",
"identifier": null,
"parenthetical": "emphasizing that the Supreme Court had \"never approved a seizure of the person for the prolonged 90-minute period involved here\" based solely on reasonable suspicion, and \"cannot do so on the facts presented by this case\"",
"sentence": "See, e.g., Uni... | {
"signal": "see also",
"identifier": "445 F.2d 217, 222",
"parenthetical": "whether an immigration stop of \"several minutes\" could be justified based solely on reasonable suspicion was a \"difficult ]\" question, but upholding the stop as it was \"minutes rather than hours\"",
"sentence": "See, e.g., United ... | 4,278,569 | a |
Moreover, there could be no question in 2009 that detention authorized by an immigration detainer would require more than just reasonable suspicion. Although the line between an arrest that requires probable cause and a temporary detention for interrogation which does not is not always clear, pre-2009 cases did clearly... | {
"signal": "see also",
"identifier": "445 F.2d 217, 222",
"parenthetical": "whether an immigration stop of \"several minutes\" could be justified based solely on reasonable suspicion was a \"difficult ]\" question, but upholding the stop as it was \"minutes rather than hours\"",
"sentence": "See, e.g., United ... | {
"signal": "see",
"identifier": "575 F.3d 1135, 1148",
"parenthetical": "explaining that it was unable to find any case in any circuit upholding a detention of longer than 90 minutes based on reasonable suspicion",
"sentence": "See, e.g., United States v. Place, 462 U.S. 696, 709, 103 S.Ct. 2637, 77 L.Ed.2d 11... | 4,278,569 | b |
Thus, the majority has given priority over all other considerations to an officer's perception of personal safety, as Judge Ferren points out in his separate opinion, in a context where the officer had "no discernible basis whatsoever ... for seizing any passenger of the car." | {
"signal": "see",
"identifier": "589 A.2d 895, 897",
"parenthetical": "\"The central inquiry in every Terry stop controversy is whether, given the totality of the circumstances at the time of the seizure, the police officer could reasonably believe that criminal activity was afoot\"",
"sentence": "Post at 110.... | {
"signal": "but see",
"identifier": null,
"parenthetical": "rejecting associational and locational taints as sufficient justification for a Terry stop",
"sentence": "But see Smith v. United States, 558 A.2d 312 (D.C.1989) (en banc) (rejecting associational and locational taints as sufficient justification for ... | 7,350,340 | a |
Thus, the majority has given priority over all other considerations to an officer's perception of personal safety, as Judge Ferren points out in his separate opinion, in a context where the officer had "no discernible basis whatsoever ... for seizing any passenger of the car." | {
"signal": "but see",
"identifier": null,
"parenthetical": "rejecting associational and locational taints as sufficient justification for a Terry stop",
"sentence": "But see Smith v. United States, 558 A.2d 312 (D.C.1989) (en banc) (rejecting associational and locational taints as sufficient justification for ... | {
"signal": "see",
"identifier": "392 U.S. 30, 30",
"parenthetical": "\"The central inquiry in every Terry stop controversy is whether, given the totality of the circumstances at the time of the seizure, the police officer could reasonably believe that criminal activity was afoot\"",
"sentence": "Post at 110. B... | 7,350,340 | b |
Thus, the majority has given priority over all other considerations to an officer's perception of personal safety, as Judge Ferren points out in his separate opinion, in a context where the officer had "no discernible basis whatsoever ... for seizing any passenger of the car." | {
"signal": "but see",
"identifier": null,
"parenthetical": "rejecting associational and locational taints as sufficient justification for a Terry stop",
"sentence": "But see Smith v. United States, 558 A.2d 312 (D.C.1989) (en banc) (rejecting associational and locational taints as sufficient justification for ... | {
"signal": "see",
"identifier": "88 S.Ct. 1884, 1884",
"parenthetical": "\"The central inquiry in every Terry stop controversy is whether, given the totality of the circumstances at the time of the seizure, the police officer could reasonably believe that criminal activity was afoot\"",
"sentence": "Post at 11... | 7,350,340 | b |
Consistent with Singleton, there is a significant body of cases from the Arizona Supreme Court leading to the conclusion that almost any error falls within Article 6, Section 27 and therefore must be analyzed for prejudice to see whether substantial justice has been done. | {
"signal": "no signal",
"identifier": "205 Ariz. 198, 198, ¶ 28",
"parenthetical": "noting that \"most trial error, and even most constitutional error, is reviewed for harmless error\" and that \"the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases u... | {
"signal": "see",
"identifier": "110 Ariz. 32, 35-36",
"parenthetical": "applying Arizona's constitutional prejudice test and holding that the trial judge's comment on the evidence in violation of Article 6, Section 27 was not prejudicial, requiring reversal",
"sentence": "Hickman, 205 Ariz. at 198, ¶ 28, 68 P... | 4,047,030 | a |
Consistent with Singleton, there is a significant body of cases from the Arizona Supreme Court leading to the conclusion that almost any error falls within Article 6, Section 27 and therefore must be analyzed for prejudice to see whether substantial justice has been done. | {
"signal": "no signal",
"identifier": "205 Ariz. 198, 198, ¶ 28",
"parenthetical": "noting that \"most trial error, and even most constitutional error, is reviewed for harmless error\" and that \"the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases u... | {
"signal": "see",
"identifier": "514 P.2d 1028, 1031-32",
"parenthetical": "applying Arizona's constitutional prejudice test and holding that the trial judge's comment on the evidence in violation of Article 6, Section 27 was not prejudicial, requiring reversal",
"sentence": "Hickman, 205 Ariz. at 198, ¶ 28, 6... | 4,047,030 | a |
Consistent with Singleton, there is a significant body of cases from the Arizona Supreme Court leading to the conclusion that almost any error falls within Article 6, Section 27 and therefore must be analyzed for prejudice to see whether substantial justice has been done. | {
"signal": "no signal",
"identifier": "205 Ariz. 198, 198, ¶ 28",
"parenthetical": "noting that \"most trial error, and even most constitutional error, is reviewed for harmless error\" and that \"the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases u... | {
"signal": "see",
"identifier": null,
"parenthetical": "finding error to be prejudicial and thus reversible under Article 6, Section 27, of the Arizona Constitution, when the trial court gave an instruction on \"lying in wait\" and there was no factual evidence supporting the instruction",
"sentence": "Hickman... | 4,047,030 | a |
Consistent with Singleton, there is a significant body of cases from the Arizona Supreme Court leading to the conclusion that almost any error falls within Article 6, Section 27 and therefore must be analyzed for prejudice to see whether substantial justice has been done. | {
"signal": "see",
"identifier": null,
"parenthetical": "finding error to be prejudicial and thus reversible under Article 6, Section 27, of the Arizona Constitution, when the trial court gave an instruction on \"lying in wait\" and there was no factual evidence supporting the instruction",
"sentence": "Hickman... | {
"signal": "no signal",
"identifier": "205 Ariz. 198, 198, ¶ 28",
"parenthetical": "noting that \"most trial error, and even most constitutional error, is reviewed for harmless error\" and that \"the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases u... | 4,047,030 | b |
Consistent with Singleton, there is a significant body of cases from the Arizona Supreme Court leading to the conclusion that almost any error falls within Article 6, Section 27 and therefore must be analyzed for prejudice to see whether substantial justice has been done. | {
"signal": "no signal",
"identifier": "68 P.3d 424, 424",
"parenthetical": "noting that \"most trial error, and even most constitutional error, is reviewed for harmless error\" and that \"the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases under a h... | {
"signal": "see",
"identifier": "110 Ariz. 32, 35-36",
"parenthetical": "applying Arizona's constitutional prejudice test and holding that the trial judge's comment on the evidence in violation of Article 6, Section 27 was not prejudicial, requiring reversal",
"sentence": "Hickman, 205 Ariz. at 198, ¶ 28, 68 P... | 4,047,030 | a |
Consistent with Singleton, there is a significant body of cases from the Arizona Supreme Court leading to the conclusion that almost any error falls within Article 6, Section 27 and therefore must be analyzed for prejudice to see whether substantial justice has been done. | {
"signal": "see",
"identifier": "514 P.2d 1028, 1031-32",
"parenthetical": "applying Arizona's constitutional prejudice test and holding that the trial judge's comment on the evidence in violation of Article 6, Section 27 was not prejudicial, requiring reversal",
"sentence": "Hickman, 205 Ariz. at 198, ¶ 28, 6... | {
"signal": "no signal",
"identifier": "68 P.3d 424, 424",
"parenthetical": "noting that \"most trial error, and even most constitutional error, is reviewed for harmless error\" and that \"the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases under a h... | 4,047,030 | b |
Consistent with Singleton, there is a significant body of cases from the Arizona Supreme Court leading to the conclusion that almost any error falls within Article 6, Section 27 and therefore must be analyzed for prejudice to see whether substantial justice has been done. | {
"signal": "no signal",
"identifier": "68 P.3d 424, 424",
"parenthetical": "noting that \"most trial error, and even most constitutional error, is reviewed for harmless error\" and that \"the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases under a h... | {
"signal": "see",
"identifier": null,
"parenthetical": "finding error to be prejudicial and thus reversible under Article 6, Section 27, of the Arizona Constitution, when the trial court gave an instruction on \"lying in wait\" and there was no factual evidence supporting the instruction",
"sentence": "Hickman... | 4,047,030 | a |
Consistent with Singleton, there is a significant body of cases from the Arizona Supreme Court leading to the conclusion that almost any error falls within Article 6, Section 27 and therefore must be analyzed for prejudice to see whether substantial justice has been done. | {
"signal": "see",
"identifier": null,
"parenthetical": "finding error to be prejudicial and thus reversible under Article 6, Section 27, of the Arizona Constitution, when the trial court gave an instruction on \"lying in wait\" and there was no factual evidence supporting the instruction",
"sentence": "Hickman... | {
"signal": "no signal",
"identifier": "68 P.3d 424, 424",
"parenthetical": "noting that \"most trial error, and even most constitutional error, is reviewed for harmless error\" and that \"the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases under a h... | 4,047,030 | b |
In a similar context, the Ninth Circuit has found the reference to the polygraph test of another suspect to constitute harmless error. | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that admission of testimony that State had dismissed indictment against earlier suspect because he successfully passed polygraph was reversible error when prosecutor repeatedly referred to polygraph on direct and in summation",
"sentence": "Bu... | {
"signal": "see",
"identifier": "870 F.2d 496, 505",
"parenthetical": "finding that district court's refusal to strike references to polygraph examination was not prejudicial because it did not materially affect verdict",
"sentence": "See United States v. Candoli, 870 F.2d 496, 505 (9th Cir.1989) (finding that... | 1,014,203 | b |
In a similar context, the Ninth Circuit has found the reference to the polygraph test of another suspect to constitute harmless error. | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that admission of testimony that State had dismissed indictment against earlier suspect because he successfully passed polygraph was reversible error when prosecutor repeatedly referred to polygraph on direct and in summation",
"sentence": "Bu... | {
"signal": "see",
"identifier": "870 F.2d 496, 505",
"parenthetical": "finding that district court's refusal to strike references to polygraph examination was not prejudicial because it did not materially affect verdict",
"sentence": "See United States v. Candoli, 870 F.2d 496, 505 (9th Cir.1989) (finding that... | 1,014,203 | b |
In a similar context, the Ninth Circuit has found the reference to the polygraph test of another suspect to constitute harmless error. | {
"signal": "see",
"identifier": "805 F.2d 1410, 1417",
"parenthetical": "testimony that defendant had failed two polygraphs submitted to explain police's failure to conduct more complete investigation",
"sentence": "See United States v. Candoli, 870 F.2d 496, 505 (9th Cir.1989) (finding that district court’s r... | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that admission of testimony that State had dismissed indictment against earlier suspect because he successfully passed polygraph was reversible error when prosecutor repeatedly referred to polygraph on direct and in summation",
"sentence": "Bu... | 1,014,203 | a |
In a similar context, the Ninth Circuit has found the reference to the polygraph test of another suspect to constitute harmless error. | {
"signal": "see",
"identifier": "805 F.2d 1410, 1417",
"parenthetical": "testimony that defendant had failed two polygraphs submitted to explain police's failure to conduct more complete investigation",
"sentence": "See United States v. Candoli, 870 F.2d 496, 505 (9th Cir.1989) (finding that district court’s r... | {
"signal": "but see",
"identifier": null,
"parenthetical": "holding that admission of testimony that State had dismissed indictment against earlier suspect because he successfully passed polygraph was reversible error when prosecutor repeatedly referred to polygraph on direct and in summation",
"sentence": "Bu... | 1,014,203 | a |
The district court properly granted summary judgment on Weldon's excessive force claim because it would not have been clear to every reasonable officer that the conduct violated a clearly established right. | {
"signal": "see",
"identifier": "810 F.3d 609, 614",
"parenthetical": "police officer entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right",
"sentence": "See Sjurset v. Button, 810 F.3d 609, 614 (9th Cir. 2015) (police officer entitled to qualified immu... | {
"signal": "see also",
"identifier": "261 F.3d 912, 922",
"parenthetical": "conclusory allega tions unsupported by factual data are insufficient to defeat a summary judgment motion",
"sentence": "See Sjurset v. Button, 810 F.3d 609, 614 (9th Cir. 2015) (police officer entitled to qualified immunity unless the ... | 12,404,311 | a |
This is particularly so given that the motion was served during the end-of-year period when many people are occupied with holidays, vacations, and family events and little business is transacted. On these facts, the minimal notice belatedly supplied by way of the motion to transfer did not give the plaintiffs a reasona... | {
"signal": "cf.",
"identifier": "289 B.R. 619, 623-24",
"parenthetical": "notice provided seventy-seven days prior to deadline for nondischargeability complaint sufficient",
"sentence": "Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to creditor ... | {
"signal": "no signal",
"identifier": "961 F.2d 848, 851",
"parenthetical": "in most cases, at least thirty days' notice to creditor is necessary and sufficient to satisfy SS 523(a",
"sentence": "Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to ... | 4,123,924 | b |
This is particularly so given that the motion was served during the end-of-year period when many people are occupied with holidays, vacations, and family events and little business is transacted. On these facts, the minimal notice belatedly supplied by way of the motion to transfer did not give the plaintiffs a reasona... | {
"signal": "cf.",
"identifier": "254 B.R. 866, 874-75",
"parenthetical": "notice received twenty-six days pri- or to bar date sufficient",
"sentence": "Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to creditor is necessary and sufficient to sati... | {
"signal": "no signal",
"identifier": "961 F.2d 848, 851",
"parenthetical": "in most cases, at least thirty days' notice to creditor is necessary and sufficient to satisfy SS 523(a",
"sentence": "Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to ... | 4,123,924 | b |
This is particularly so given that the motion was served during the end-of-year period when many people are occupied with holidays, vacations, and family events and little business is transacted. On these facts, the minimal notice belatedly supplied by way of the motion to transfer did not give the plaintiffs a reasona... | {
"signal": "cf.",
"identifier": "289 B.R. 619, 623-24",
"parenthetical": "notice provided seventy-seven days prior to deadline for nondischargeability complaint sufficient",
"sentence": "Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to creditor ... | {
"signal": "no signal",
"identifier": "149 B.R. 511, 515-17",
"parenthetical": "knowledge of bankruptcy acquired by unrepresented creditor twenty days prior to bar date insufficient",
"sentence": "Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to... | 4,123,924 | b |
This is particularly so given that the motion was served during the end-of-year period when many people are occupied with holidays, vacations, and family events and little business is transacted. On these facts, the minimal notice belatedly supplied by way of the motion to transfer did not give the plaintiffs a reasona... | {
"signal": "cf.",
"identifier": "254 B.R. 866, 874-75",
"parenthetical": "notice received twenty-six days pri- or to bar date sufficient",
"sentence": "Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to creditor is necessary and sufficient to sati... | {
"signal": "no signal",
"identifier": "149 B.R. 511, 515-17",
"parenthetical": "knowledge of bankruptcy acquired by unrepresented creditor twenty days prior to bar date insufficient",
"sentence": "Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to... | 4,123,924 | b |
Regardless of whether these allegations constitute motive, the other indicators of scienter are, in this court's view, sufficient to withstand the German Defendants' motion to dismiss. Plaintiffs' allegations go beyond mere accounting irregularities to assert systemic failures resulting from unsound credit policies, wh... | {
"signal": "see",
"identifier": null,
"parenthetical": "denying motion to dismiss allegations against senior officers and directors accused of failing to disclose the \"basic deterioration of LINC's corporate health\"",
"sentence": "See Dardick, 149 F.Supp.2d at 988-89 and n. 2 (denying motion to dismiss alleg... | {
"signal": "but see",
"identifier": null,
"parenthetical": "\"[i]t is entirely clear ... that the PSLRA abolishes the use of the group pleading doctrine to allege defendant's scienter\"",
"sentence": "But see Tel-labs, 262 F.Supp.2d at 946 n. 7 (“[i]t is entirely clear ... that the PSLRA abolishes the use of t... | 8,941,107 | a |
Regardless of whether these allegations constitute motive, the other indicators of scienter are, in this court's view, sufficient to withstand the German Defendants' motion to dismiss. Plaintiffs' allegations go beyond mere accounting irregularities to assert systemic failures resulting from unsound credit policies, wh... | {
"signal": "see",
"identifier": null,
"parenthetical": "denying motion to dismiss allegations against senior officers and directors accused of failing to disclose the \"basic deterioration of LINC's corporate health\"",
"sentence": "See Dardick, 149 F.Supp.2d at 988-89 and n. 2 (denying motion to dismiss alleg... | {
"signal": "but see",
"identifier": "100 F.Supp.2d 837, 837",
"parenthetical": "\"pleading scienter based exclusively on a defendant's corporate position is insufficient to survive a motion to dismiss\"",
"sentence": "But see Tel-labs, 262 F.Supp.2d at 946 n. 7 (“[i]t is entirely clear ... that the PSLRA aboli... | 8,941,107 | a |
Purging of personnel records is necessary to "preclude[ ] further retaliatory conduct by preventing any reliance on discriminatory evaluations and records." | {
"signal": "see also",
"identifier": "239 F.3d 848, 863, 864",
"parenthetical": "\"By refusing to expunge discriminatory or retaliatory discipline from a successful plaintiffs personnel file, a court may force the plaintiff to bear the brunt of h[er] employer's unlawful conduct for the rest of h[er] working care... | {
"signal": "no signal",
"identifier": "873 F.Supp. 872, 880",
"parenthetical": "After jury verdict finding that plaintiff was unlawfully terminated in retaliation for his complaints of discrimination, ordering defendant to \"remove from its personnel files and any all reprimands, evaluations and other items of [... | 9,168,654 | b |
Under the CSA, marijuana is defined to include all Cannabis sativa L. plants, regardless of THC concentration. We also noted that "[t]he language of the CSA unambiguously bans the growing of marijuana, regardless of its use," id. at 1072, and we concluded that "[bjecause the CSA does not distinguish between marijuana a... | {
"signal": "cf.",
"identifier": "965 F.2d 610, 616",
"parenthetical": "observing that male marijuana plants, which may have lower THC concentrations than female plants, are still marijuana plants for sentencing purposes",
"sentence": "Id. at 1072; see also N.H. Hemp Council, 203 F.3d at 6-8 (concluding that ca... | {
"signal": "see also",
"identifier": "203 F.3d 6, 6-8",
"parenthetical": "concluding that cannabis cultivated for industrial use and possessing a low THC concentration is nevertheless marijuana under the CSA and is subject to regulation by the DEA",
"sentence": "Id. at 1072; see also N.H. Hemp Council, 203 F.3... | 3,500,219 | b |
Persecution "does not encompass all treatment that our society regards as unfair, unjust or even unlawful or unconstitutional.... Persecution must be extreme conduct to qualify for ... protection." Temporary detainment, some physical abuse not requiring medical attention, and being fired from one's job -- as Petitioner... | {
"signal": "see also",
"identifier": "381 F.3d 221, 233",
"parenthetical": "beatings that did not require medical treat ment not considered past persecution in asylum case",
"sentence": "See Tesfamichael v. Gonzales, 469 F.3d 109, 114 (5th Cir.2006) (asylum applicant could not show that arrest and one-month de... | {
"signal": "see",
"identifier": "469 F.3d 109, 114",
"parenthetical": "asylum applicant could not show that arrest and one-month detention rose to level of past persecution",
"sentence": "See Tesfamichael v. Gonzales, 469 F.3d 109, 114 (5th Cir.2006) (asylum applicant could not show that arrest and one-month d... | 3,973,553 | b |
Persecution "does not encompass all treatment that our society regards as unfair, unjust or even unlawful or unconstitutional.... Persecution must be extreme conduct to qualify for ... protection." Temporary detainment, some physical abuse not requiring medical attention, and being fired from one's job -- as Petitioner... | {
"signal": "see",
"identifier": "73 F.3d 579, 584",
"parenthetical": "asylum applicant could not show that two arrests, two detentions, and beatings not characterized as severe rose to level of past persecution",
"sentence": "See Tesfamichael v. Gonzales, 469 F.3d 109, 114 (5th Cir.2006) (asylum applicant coul... | {
"signal": "see also",
"identifier": "381 F.3d 221, 233",
"parenthetical": "beatings that did not require medical treat ment not considered past persecution in asylum case",
"sentence": "See Tesfamichael v. Gonzales, 469 F.3d 109, 114 (5th Cir.2006) (asylum applicant could not show that arrest and one-month de... | 3,973,553 | a |
The transfers could still have been made for "value," however, if the debtors received "property" in exchange for the transfers. The consideration for the transfers was the use of the defendants' money over a period of time. The use of money may be "property" in some contexts. | {
"signal": "see",
"identifier": "465 U.S. 330, 336",
"parenthetical": "for federal gift tax purposes the use of money \"is itself a legally protectible property interest\"",
"sentence": "See, e.g., Dickman v. Commissioner, 465 U.S. 330, 336, 104 S.Ct. 1086, 1090, 79 L.Ed.2d 343 (1984) (for federal gift tax pur... | {
"signal": "see also",
"identifier": null,
"parenthetical": "implying that transfers were not fraudulent to the extent they did not exceed the legal rate of interest",
"sentence": "See also Larrimer v. Feeney, 411 Pa. 604, 192 A.2d 351, 354 (1963) (implying that transfers were not fraudulent to the extent they... | 6,542,005 | a |
The transfers could still have been made for "value," however, if the debtors received "property" in exchange for the transfers. The consideration for the transfers was the use of the defendants' money over a period of time. The use of money may be "property" in some contexts. | {
"signal": "see also",
"identifier": "192 A.2d 351, 354",
"parenthetical": "implying that transfers were not fraudulent to the extent they did not exceed the legal rate of interest",
"sentence": "See also Larrimer v. Feeney, 411 Pa. 604, 192 A.2d 351, 354 (1963) (implying that transfers were not fraudulent to ... | {
"signal": "see",
"identifier": "465 U.S. 330, 336",
"parenthetical": "for federal gift tax purposes the use of money \"is itself a legally protectible property interest\"",
"sentence": "See, e.g., Dickman v. Commissioner, 465 U.S. 330, 336, 104 S.Ct. 1086, 1090, 79 L.Ed.2d 343 (1984) (for federal gift tax pur... | 6,542,005 | b |
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