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P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see also",
"identifier": "119 Ariz. 302, 302",
"parenthetical": "foreclosure sale may be set aside if price \"is so gross as to be proof of fraud or shock the conscience of the court\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purpo... | {
"signal": "see",
"identifier": "267 P.2d 735, 735",
"parenthetical": "purchaser must pay \"a present equivalent\" for purposes of recording statute",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at ... | 5,545,453 | b |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see also",
"identifier": "580 P.2d 763, 763",
"parenthetical": "foreclosure sale may be set aside if price \"is so gross as to be proof of fraud or shock the conscience of the court\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purpos... | {
"signal": "see",
"identifier": "267 P.2d 735, 735",
"parenthetical": "purchaser must pay \"a present equivalent\" for purposes of recording statute",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at ... | 5,545,453 | b |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see also",
"identifier": "203 Ariz. 214, 214, ¶ 38",
"parenthetical": "trustee s sale may be set aside if price is \"grossly inadequate\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at... | {
"signal": "see",
"identifier": "299 F.Supp. 668, 668",
"parenthetical": "one who pays a \"grossly inadequate\" price for real property is not a bona fide purchaser",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West,... | 5,545,453 | b |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see",
"identifier": "299 F.Supp. 668, 668",
"parenthetical": "one who pays a \"grossly inadequate\" price for real property is not a bona fide purchaser",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West,... | {
"signal": "see also",
"identifier": "52 P.3d 783, 783",
"parenthetical": "trustee s sale may be set aside if price is \"grossly inadequate\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (on... | 5,545,453 | a |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see",
"identifier": "299 F.Supp. 668, 668",
"parenthetical": "one who pays a \"grossly inadequate\" price for real property is not a bona fide purchaser",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West,... | {
"signal": "see also",
"identifier": "119 Ariz. 302, 302",
"parenthetical": "foreclosure sale may be set aside if price \"is so gross as to be proof of fraud or shock the conscience of the court\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purpo... | 5,545,453 | a |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers faile... | {
"signal": "see also",
"identifier": "580 P.2d 763, 763",
"parenthetical": "foreclosure sale may be set aside if price \"is so gross as to be proof of fraud or shock the conscience of the court\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purpos... | {
"signal": "see",
"identifier": "299 F.Supp. 668, 668",
"parenthetical": "one who pays a \"grossly inadequate\" price for real property is not a bona fide purchaser",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West,... | 5,545,453 | b |
In conducting this review, "[i]t is not our job to weigh the evidence." Accordingly, disputed questions of fact must be resolved in favor of the non-moving party at the summary judgment stage. | {
"signal": "see also",
"identifier": "477 U.S. 242, 255",
"parenthetical": "\"[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment\"",
"sentence": "See Davis v. Zah... | {
"signal": "see",
"identifier": "600 F.2d 458, 460",
"parenthetical": "holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations",
"sentence": "See Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (holding that summary judgment is not app... | 3,558,664 | b |
In conducting this review, "[i]t is not our job to weigh the evidence." Accordingly, disputed questions of fact must be resolved in favor of the non-moving party at the summary judgment stage. | {
"signal": "see",
"identifier": "600 F.2d 458, 460",
"parenthetical": "holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations",
"sentence": "See Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (holding that summary judgment is not app... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment\"",
"sentence": "See Davis v. Zahradnick, 600 F.... | 3,558,664 | a |
In conducting this review, "[i]t is not our job to weigh the evidence." Accordingly, disputed questions of fact must be resolved in favor of the non-moving party at the summary judgment stage. | {
"signal": "see",
"identifier": "600 F.2d 458, 460",
"parenthetical": "holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations",
"sentence": "See Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (holding that summary judgment is not app... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment\"",
"sentence": "See Davis v. Zahradnick, 600 F.... | 3,558,664 | a |
Additional procedures for State and local enforcement are present, as well, within the local by-law and G. Since the commission has temporized and handled the matter in a piecemeal fashion, and Yellin completed the work prior to the issuance of the decision, now under appeal, the question before us has been reduced to ... | {
"signal": "see also",
"identifier": "413 Mass. 736, 740",
"parenthetical": "\"A regulatory takings claim often is not mature until the validity of the challenged local regulation has been determined\"",
"sentence": "See also Steinbergh v. Cambridge, 413 Mass. 736, 740 (1992), cert. denied, 508 U.S. 909 (1993)... | {
"signal": "see",
"identifier": "53 Mass. App. Ct. 120, 123",
"parenthetical": "issue preclusion does not apply if prior decisions not final",
"sentence": "See Green v. Brookline, 53 Mass. App. Ct. 120, 123 (2001) (issue preclusion does not apply if prior decisions not final)."
} | 299,179 | b |
Additional procedures for State and local enforcement are present, as well, within the local by-law and G. Since the commission has temporized and handled the matter in a piecemeal fashion, and Yellin completed the work prior to the issuance of the decision, now under appeal, the question before us has been reduced to ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"A regulatory takings claim often is not mature until the validity of the challenged local regulation has been determined\"",
"sentence": "See also Steinbergh v. Cambridge, 413 Mass. 736, 740 (1992), cert. denied, 508 U.S. 909 (1993) (“A regulatory ... | {
"signal": "see",
"identifier": "53 Mass. App. Ct. 120, 123",
"parenthetical": "issue preclusion does not apply if prior decisions not final",
"sentence": "See Green v. Brookline, 53 Mass. App. Ct. 120, 123 (2001) (issue preclusion does not apply if prior decisions not final)."
} | 299,179 | b |
The converse of the rights of the defense and the prosecution to interview witnesses unimpeded by third parties, is the opposing right of witnesses to refuse to be interviewed by either the defense or the prosecution. | {
"signal": "see also",
"identifier": "518 F.2d 261, 268",
"parenthetical": "recognizing that any witness has the right to refuse to be interviewed if he so desires and is not under or subject to legal process",
"sentence": "Commonwealth v. Peters, 353 S.W.3d 592, 598 (Ky.2011) (RCr 7.24 and RCr 8.03 do not aut... | {
"signal": "no signal",
"identifier": "353 S.W.3d 592, 598",
"parenthetical": "RCr 7.24 and RCr 8.03 do not authorize the trial court to compel a witness's attendance for discovery",
"sentence": "Commonwealth v. Peters, 353 S.W.3d 592, 598 (Ky.2011) (RCr 7.24 and RCr 8.03 do not authorize the trial court to co... | 7,314,425 | b |
Had his attorney objected to the application of SS 4B1.1, Cabello's sentence would, under the Guidelines, have involved at least 8 years and 11 months less prison time. Such a "significantly less harsh" sentence constitutes the sort of prejudice that supports a Sixth Amendment ineffective-assistance claim based on fail... | {
"signal": "see also",
"identifier": "31 F.3d 529, 534",
"parenthetical": "confirming Durrive standard where counsel error led to erroneous Guideline sentence",
"sentence": "See Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993) (setting out standard for ineffective-assistance claims based on counsel’s e... | {
"signal": "see",
"identifier": "4 F.3d 548, 551",
"parenthetical": "setting out standard for ineffective-assistance claims based on counsel's error at sentencing",
"sentence": "See Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993) (setting out standard for ineffective-assistance claims based on counsel... | 7,837,798 | b |
Each one of these sexual encounters with C.R. -- who was unable to consent due to her age -- caused a separate harm, even though they occurred with the same victim. | {
"signal": "see also",
"identifier": "811 F.3d 840, 843",
"parenthetical": "noting that, in the context of \"sex crimes committed by the same defendant against the same victim over an extended period of time,\" \"each act usually amounts to a fresh harm the victim must face anew\"",
"sentence": "See United Sta... | {
"signal": "see",
"identifier": "85 F.3d 522, 524-25",
"parenthetical": "\"Multiple, separate instances of fear and risk of harm, not one composite harm, occur when the defendant robs or rapes the same victim on different occasions.\"",
"sentence": "See United States v. Bonner, 85 F.3d 522, 524-25 (11th Cir. 1... | 4,354,717 | b |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": null,
"parenthetical": "summarily vacating guilty plea on direct appeal on basis of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United S... | {
"signal": "see also",
"identifier": null,
"parenthetical": "vacating plea on SS 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea ... | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summa... | {
"signal": "see",
"identifier": null,
"parenthetical": "summarily vacating guilty plea on direct appeal on basis of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United S... | 11,644,737 | b |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": null,
"parenthetical": "summarily vacating guilty plea on direct appeal on basis of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United S... | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting pre-sentence withdrawal of plea on grounds that factual basis did not support \"use\" of firearm in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily va... | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see also",
"identifier": null,
"parenthetical": "vacating plea on SS 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea ... | {
"signal": "see",
"identifier": null,
"parenthetical": "remanding to trial court for reconsideration of plea in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); Uni... | 11,644,737 | b |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": null,
"parenthetical": "remanding to trial court for reconsideration of plea in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); Uni... | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summa... | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": null,
"parenthetical": "remanding to trial court for reconsideration of plea in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); Uni... | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting pre-sentence withdrawal of plea on grounds that factual basis did not support \"use\" of firearm in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily va... | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see also",
"identifier": null,
"parenthetical": "vacating plea on SS 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea ... | {
"signal": "see",
"identifier": null,
"parenthetical": "on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under SS 924(c",
"sentence": "See United States v. Garcia, 19... | 11,644,737 | b |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": null,
"parenthetical": "on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under SS 924(c",
"sentence": "See United States v. Garcia, 19... | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summa... | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting pre-sentence withdrawal of plea on grounds that factual basis did not support \"use\" of firearm in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily va... | {
"signal": "see",
"identifier": null,
"parenthetical": "on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under SS 924(c",
"sentence": "See United States v. Garcia, 19... | 11,644,737 | b |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": "73 F.3d 616, 622-23",
"parenthetical": "on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant's Alford plea to violation of SS 924(c",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. Marc... | {
"signal": "see also",
"identifier": null,
"parenthetical": "vacating plea on SS 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea ... | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": "73 F.3d 616, 622-23",
"parenthetical": "on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant's Alford plea to violation of SS 924(c",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. Marc... | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summa... | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": "73 F.3d 616, 622-23",
"parenthetical": "on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant's Alford plea to violation of SS 924(c",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. Marc... | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting pre-sentence withdrawal of plea on grounds that factual basis did not support \"use\" of firearm in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily va... | 11,644,737 | a |
121 Under these circumstances, and viewed in the light most favorable to the prosecution, the evidence is sufficient to support a conclusion by a reasonable mind that defendant knew sexually exploitative material was available for other LimeWire users to download from his computer. | {
"signal": "cf.",
"identifier": "472 F.3d 1219, 1228",
"parenthetical": "in analyzing the term \"distributed\" the Tenth Cireuit explained that the defendant may not have \"actively pushed pornography\" on other peer-to-peer users, but \"he freely allowed them access to his computerized stash of images and video... | {
"signal": "see also",
"identifier": "8315 S.W.3d 769, 772",
"parenthetical": "evidence was sufficient for the jury to find that the defendant offered to disseminate child pornography in the sense that he presented for acceptance or rejection, held out, and made available, such materials for widespread sharing v... | 7,262,962 | b |
In his plea agreement, Richardson waived his right to appeal with the exception of "only those issues raised and subsequently denied by the Court with regard to the defendant's motion to suppress." (R. (Richardson) v. 1, doc. 112, plea agreement at 7, para. 11 (emphasis added).) That language clearly precludes Richards... | {
"signal": "see",
"identifier": "374 F.3d 957, 957-58",
"parenthetical": "holding appeal waiver in conditional guilty plea agreement precluded defendant from asserting new argument on appeal in support of suppression motion",
"sentence": "See Anderson, 374 F.3d at 957-58 (holding appeal waiver in conditional g... | {
"signal": "see also",
"identifier": "521 F.3d 1292, 1299",
"parenthetical": "noting that, \"[w]hen considering whether an appeal falls within the scope of a waiver of appellate rights, the general rule is that any appellate rights not expressly reserved are waived\"",
"sentence": "See Anderson, 374 F.3d at 95... | 5,893,059 | a |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see",
"identifier": "505 U.S. 377, 395",
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government... | {
"signal": "see also",
"identifier": "134 S.Ct. 2518, 2530",
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may... | 12,264,774 | a |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see also",
"identifier": null,
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable... | {
"signal": "see",
"identifier": "505 U.S. 377, 395",
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government... | 12,264,774 | b |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see also",
"identifier": "134 S.Ct. 2518, 2530",
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may... | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose rea... | 12,264,774 | b |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose rea... | {
"signal": "see also",
"identifier": null,
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable... | 12,264,774 | a |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose rea... | {
"signal": "see also",
"identifier": "134 S.Ct. 2518, 2530",
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may... | 12,264,774 | a |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose rea... | {
"signal": "see also",
"identifier": null,
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable... | 12,264,774 | a |
Courts have consistently held that the "reason to believe" phrase in SS 1357 "must be read in light of constitutional standards, so that 'reason to believe' must be considered the equivalent of probable cause." | {
"signal": "see also",
"identifier": "623 F.3d 1237, 1239",
"parenthetical": "\"Because the Fourth Amendment' applies to arrests of illegal aliens, the term 'reason to believe' in SS 1357(a",
"sentence": "Au Yi Lau, 445 F.2d at 222; see, e.g., Tejeda-Mata v. Immigration & Naturalization Serv., 626 F.2d 721, 72... | {
"signal": "see",
"identifier": "626 F.2d 721, 725",
"parenthetical": "\"The phrase 'has reason to believe' [in SS 1357] has been equated with the constitutional requirement of probable cause.\"",
"sentence": "Au Yi Lau, 445 F.2d at 222; see, e.g., Tejeda-Mata v. Immigration & Naturalization Serv., 626 F.2d 72... | 4,278,569 | b |
Courts have consistently held that the "reason to believe" phrase in SS 1357 "must be read in light of constitutional standards, so that 'reason to believe' must be considered the equivalent of probable cause." | {
"signal": "see",
"identifier": "519 F.2d 494, 496",
"parenthetical": "\"The words [in SS 1357] of the statute 'reason to believe' are properly taken to signify probable cause.\"",
"sentence": "Au Yi Lau, 445 F.2d at 222; see, e.g., Tejeda-Mata v. Immigration & Naturalization Serv., 626 F.2d 721, 725 (9th Cir.... | {
"signal": "see also",
"identifier": "623 F.3d 1237, 1239",
"parenthetical": "\"Because the Fourth Amendment' applies to arrests of illegal aliens, the term 'reason to believe' in SS 1357(a",
"sentence": "Au Yi Lau, 445 F.2d at 222; see, e.g., Tejeda-Mata v. Immigration & Naturalization Serv., 626 F.2d 721, 72... | 4,278,569 | a |
However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. | {
"signal": "see",
"identifier": "372 F.2d 177, 180",
"parenthetical": "holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution",
"sentence": "See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) (\"Because the agents of the Govern... | {
"signal": "cf.",
"identifier": "996 F.2d 1490, 1497",
"parenthetical": "affirming rule for criminal trials but questioning applicability of rule to civil litigation",
"sentence": "See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) (\"Because the agents of the Government are supposedly disintere... | 10,530,466 | a |
However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. | {
"signal": "but see",
"identifier": "581 F.2d 933, 938",
"parenthetical": "questioning applicability of rule when Government had expressed its belief in the statement of the declarant",
"sentence": "But see United States v. Morgan, 581 F.2d 933, 938 (D.C.Cir.1978) (questioning applicability of rule when Govern... | {
"signal": "see",
"identifier": "372 F.2d 177, 180",
"parenthetical": "holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution",
"sentence": "See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) (\"Because the agents of the Govern... | 10,530,466 | b |
However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. | {
"signal": "cf.",
"identifier": "996 F.2d 1490, 1497",
"parenthetical": "affirming rule for criminal trials but questioning applicability of rule to civil litigation",
"sentence": "See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) (\"Because the agents of the Government are supposedly disintere... | {
"signal": "but see",
"identifier": "581 F.2d 933, 938",
"parenthetical": "questioning applicability of rule when Government had expressed its belief in the statement of the declarant",
"sentence": "But see United States v. Morgan, 581 F.2d 933, 938 (D.C.Cir.1978) (questioning applicability of rule when Govern... | 10,530,466 | a |
Finally, we have held that where a party seeks to impeach a witness with evidence of prior juvenile, delinquency findings, a general challenge to the witness's character, without more, is not enough. | {
"signal": "no signal",
"identifier": "506 N.E.2d 3, 5",
"parenthetical": "holding that the trial court properly excluded inquiry into a witness's juvenile record where the defendant \"attempted to impeach the general credibility of the witness with the finding of delinquency for particular acts,\" in this case,... | {
"signal": "cf.",
"identifier": "507 N.E.2d 633, 635",
"parenthetical": "holding that the trial court did not err in admitting juvenile records where counsel stated in his opening statement that the witness had \"no record\" when, in actuality, the witness had nine juvenile adjudications for burglary",
"senten... | 11,188,217 | a |
Finally, we have held that where a party seeks to impeach a witness with evidence of prior juvenile, delinquency findings, a general challenge to the witness's character, without more, is not enough. | {
"signal": "no signal",
"identifier": "501 N.E.2d 1034, 1037",
"parenthetical": "holding that although the trial court improperly permitted reference to the witness's juvenile adjudication based on theft for impeachment purposes, there was no prejudicial effect requiring reversal",
"sentence": "Engle v. State,... | {
"signal": "cf.",
"identifier": "507 N.E.2d 633, 635",
"parenthetical": "holding that the trial court did not err in admitting juvenile records where counsel stated in his opening statement that the witness had \"no record\" when, in actuality, the witness had nine juvenile adjudications for burglary",
"senten... | 11,188,217 | a |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on ot... | {
"signal": "see",
"identifier": "375 Pa.Super. 1, 22",
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding tria... | 898,257 | b |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's ... | {
"signal": "see",
"identifier": "375 Pa.Super. 1, 22",
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding tria... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on ot... | 898,257 | a |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's ... | {
"signal": "see",
"identifier": "543 A.2d 1148, 1159",
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding tria... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on ot... | 898,257 | a |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's ... | {
"signal": "see",
"identifier": "543 A.2d 1148, 1159",
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding tria... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on ot... | 898,257 | a |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on ot... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order o... | 898,257 | b |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on ot... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order o... | 898,257 | b |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on ot... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order o... | 898,257 | b |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on ot... | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order o... | 898,257 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prej... | {
"signal": "but cf.",
"identifier": "96 N.J. 640, 649",
"parenthetical": "noting that \"[t]he record lends no support to the suggestion that the jurors were unable to comply with the court's instruction\"",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely... | {
"signal": "see",
"identifier": "54 N.J. 259, 270",
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State ... | 4,245,971 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prej... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "noting that \"[t]he record lends no support to the suggestion that the jurors were unable to comply with the court's instruction\"",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ ca... | {
"signal": "see",
"identifier": "54 N.J. 259, 270",
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State ... | 4,245,971 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prej... | {
"signal": "see",
"identifier": "54 N.J. 259, 270",
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State ... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649,... | 4,245,971 | a |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prej... | {
"signal": "see",
"identifier": "54 N.J. 259, 270",
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State ... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649,... | 4,245,971 | a |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prej... | {
"signal": "but cf.",
"identifier": "96 N.J. 640, 649",
"parenthetical": "noting that \"[t]he record lends no support to the suggestion that the jurors were unable to comply with the court's instruction\"",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely... | {
"signal": "see",
"identifier": null,
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 ... | 4,245,971 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prej... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "noting that \"[t]he record lends no support to the suggestion that the jurors were unable to comply with the court's instruction\"",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ ca... | {
"signal": "see",
"identifier": null,
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 ... | 4,245,971 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prej... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649,... | {
"signal": "see",
"identifier": null,
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 ... | 4,245,971 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prej... | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649,... | {
"signal": "see",
"identifier": null,
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 ... | 4,245,971 | b |
Our case law and that of our sister circuits have treated attachments to an EEO complaint as part of the complaint itself and a basis for articulating claims. | {
"signal": "cf.",
"identifier": "552 U.S. 389, 405-406",
"parenthetical": "holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act",
"sentence": "See Brooks v. District Ho... | {
"signal": "see",
"identifier": "606 F.3d 800, 808",
"parenthetical": "individuals included in a list attached to a complaint were included within the complainant's reference to similarly situated individuals",
"sentence": "See Brooks v. District Hosp. Partners, 606 F.3d 800, 808 (D.C. Cir. 2010) (individuals ... | 12,275,208 | b |
Our case law and that of our sister circuits have treated attachments to an EEO complaint as part of the complaint itself and a basis for articulating claims. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act",
"sentence": "See Brooks v. District Hosp. Partners, 606 F... | {
"signal": "see",
"identifier": "606 F.3d 800, 808",
"parenthetical": "individuals included in a list attached to a complaint were included within the complainant's reference to similarly situated individuals",
"sentence": "See Brooks v. District Hosp. Partners, 606 F.3d 800, 808 (D.C. Cir. 2010) (individuals ... | 12,275,208 | b |
Our case law and that of our sister circuits have treated attachments to an EEO complaint as part of the complaint itself and a basis for articulating claims. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act",
"sentence": "See Brooks v. District Hosp. Partners, 606 F... | {
"signal": "see",
"identifier": "606 F.3d 800, 808",
"parenthetical": "individuals included in a list attached to a complaint were included within the complainant's reference to similarly situated individuals",
"sentence": "See Brooks v. District Hosp. Partners, 606 F.3d 800, 808 (D.C. Cir. 2010) (individuals ... | 12,275,208 | b |
See PL AF Ex. B (entries for 7/22/05, 11/18/05, and 2/20/06). Therefore, although the original FOIA request was not made "in connection with the court proceeding," it is reasonable to conclude that the FOIA-related work after the date of the refund claim was "solely" related to the case filed in this court. | {
"signal": "see",
"identifier": "827 F.2d 735, 744",
"parenthetical": "\"Expenses of an attorney that are not incurred or expended solely or exclusively in connection with the case before the court ... cannot be awarded under the EAJA.\"",
"sentence": "See Oliveira v. United States, 827 F.2d 735, 744 (Fed.Cir.... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Although the EAJA and [Section] 7430 differ slightly, the court has held that case law on the EAJA may be instructive in interpreting [Section] 7430, which was promulgated to remedy a gap in the EAJA's coverage of tax suits.\"",
"sentence": "See Ol... | 3,325,632 | a |
Officer Bilyard was investigated, and it was found that he did not use excessive force. While Plaintiff asserts the investigation was not conducted as thoroughly as the "secret" investigation against him, such is mere speculation on Plaintiffs part and is not sufficient evidence to survive Defendant's Motion for Summar... | {
"signal": "see also",
"identifier": "423 F.Supp.2d 550, 556",
"parenthetical": "\"Plaintiff must come forward with admissible evidence that is more than self-serving opinions or speculation.\"",
"sentence": "See Holland, 487 F.3d at 217 (“[A]lthough a reasonable trier of fact would conclude that [the defendan... | {
"signal": "see",
"identifier": "487 F.3d 217, 217",
"parenthetical": "\"[A]lthough a reasonable trier of fact would conclude that [the defendant] reported a different reason and date, when combined with the company's innocuous reasoning for these decisions and [plaintiffs] failure to present any other evidence ... | 5,565,605 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": "502 U.S. 389, 389",
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to d... | {
"signal": "see also",
"identifier": "478 U.S. 501, 525",
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and in... | 3,935,696 | a |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk o... | {
"signal": "see",
"identifier": "502 U.S. 389, 389",
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to d... | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": "502 U.S. 389, 389",
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to d... | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk o... | 3,935,696 | a |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the... | {
"signal": "see also",
"identifier": "478 U.S. 501, 525",
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and in... | 3,935,696 | a |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk o... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the... | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the... | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk o... | 3,935,696 | a |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": "540 U.S. 437, 437-38",
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo,... | {
"signal": "see also",
"identifier": "478 U.S. 501, 525",
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and in... | 3,935,696 | a |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk o... | {
"signal": "see",
"identifier": "540 U.S. 437, 437-38",
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo,... | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk o... | {
"signal": "see",
"identifier": "540 U.S. 437, 437-38",
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo,... | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": "478 U.S. 501, 525",
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and in... | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo, 502 U.S. at 389, ... | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk o... | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo, 502 U.S. at 389, ... | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo, 502 U.S. at 389, ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk o... | 3,935,696 | a |
Nonetheless, the treaty reservations say nothing about whether a particular "period of confinement" is "constitutional." And this Court has long considered as relevant and informative the way in which foreign courts have applied standards roughly comparable to our own constitutional standards in roughly comparable circ... | {
"signal": "see also",
"identifier": "103 U. S. 168, 183-189",
"parenthetical": "referring to the practices of Parliament in determining whether the House of Representatives has the power to hold a witness in contempt",
"sentence": "See also Washington v. Glucksberg, 521 U. S. 702, 710, n. 8, and 718-719, n. 1... | {
"signal": "no signal",
"identifier": "458 U. S. 782, 796-797, n. 22",
"parenthetical": "noting that the doctrine of felony murder has been eliminated or restricted in England, India, Canada, and a \"number of other Commonwealth countries\"",
"sentence": "Thompson v. Oklahoma, supra, at 830-831 (opinion of Ste... | 9,584,962 | b |
Nonetheless, the treaty reservations say nothing about whether a particular "period of confinement" is "constitutional." And this Court has long considered as relevant and informative the way in which foreign courts have applied standards roughly comparable to our own constitutional standards in roughly comparable circ... | {
"signal": "see also",
"identifier": "103 U. S. 168, 183-189",
"parenthetical": "referring to the practices of Parliament in determining whether the House of Representatives has the power to hold a witness in contempt",
"sentence": "See also Washington v. Glucksberg, 521 U. S. 702, 710, n. 8, and 718-719, n. 1... | {
"signal": "no signal",
"identifier": "433 U. S. 584, 596, n. 10",
"parenthetical": "observing that only 3 of 60 nations surveyed in 1965 retained the death penalty for rape",
"sentence": "Thompson v. Oklahoma, supra, at 830-831 (opinion of Stevens, J.) (considering practices of Anglo-American nations regardin... | 9,584,962 | b |
Nonetheless, the treaty reservations say nothing about whether a particular "period of confinement" is "constitutional." And this Court has long considered as relevant and informative the way in which foreign courts have applied standards roughly comparable to our own constitutional standards in roughly comparable circ... | {
"signal": "no signal",
"identifier": "356 U. S. 86, 102-103",
"parenthetical": "noting that only 2 of 84 countries surveyed imposed denationalization as a penalty for desertion",
"sentence": "Thompson v. Oklahoma, supra, at 830-831 (opinion of Stevens, J.) (considering practices of Anglo-American nations rega... | {
"signal": "see also",
"identifier": "103 U. S. 168, 183-189",
"parenthetical": "referring to the practices of Parliament in determining whether the House of Representatives has the power to hold a witness in contempt",
"sentence": "See also Washington v. Glucksberg, 521 U. S. 702, 710, n. 8, and 718-719, n. 1... | 9,584,962 | a |
The district court could not have reduced Barrera's criminal history score simply to make him eligible for safety-valve relief. Other circuits have reached the same conclusion. | {
"signal": "see also",
"identifier": "425 F.3d 157, 157",
"parenthetical": "holding that the \"district court was plainly correct when it decided that it did not have the discretion to award [appellant] only one point under the Guidelines once it had determined, by the process provided by the Guidelines, that [a... | {
"signal": "see",
"identifier": "503 F.3d 34, 37",
"parenthetical": "holding that the plain language of the Guidelines precludes appellant from receiving the benefit of the safety valve regardless of whether the district court wanted to grant a downward departure because appellant had two criminal history points... | 5,894,462 | b |
The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the informa... | {
"signal": "cf.",
"identifier": "847 F.Supp. 1086, 1095",
"parenthetical": "regarding \"state of the art\" defense: \"Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.\"",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-7... | {
"signal": "see",
"identifier": "765 F.2d 456, 465",
"parenthetical": "minutes of committee meetings of Asbestos Textile Institute admissible to show \"state of the art,\" absent showing that defendant either was a member of the institute or had knowledge of its meetings",
"sentence": "See, e.g., Dunn v. HOVIC... | 11,686,401 | b |
The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the informa... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "regarding \"state of the art\" defense: \"Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.\"",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); Kin... | {
"signal": "see",
"identifier": "765 F.2d 456, 465",
"parenthetical": "minutes of committee meetings of Asbestos Textile Institute admissible to show \"state of the art,\" absent showing that defendant either was a member of the institute or had knowledge of its meetings",
"sentence": "See, e.g., Dunn v. HOVIC... | 11,686,401 | b |
The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the informa... | {
"signal": "see",
"identifier": "765 F.2d 456, 465",
"parenthetical": "minutes of committee meetings of Asbestos Textile Institute admissible to show \"state of the art,\" absent showing that defendant either was a member of the institute or had knowledge of its meetings",
"sentence": "See, e.g., Dunn v. HOVIC... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "regarding \"state of the art\" defense: \"Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.\"",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); Kin... | 11,686,401 | a |
The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the informa... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "regarding \"state of the art\" defense: \"Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.\"",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); Kin... | {
"signal": "see",
"identifier": "765 F.2d 456, 465",
"parenthetical": "minutes of committee meetings of Asbestos Textile Institute admissible to show \"state of the art,\" absent showing that defendant either was a member of the institute or had knowledge of its meetings",
"sentence": "See, e.g., Dunn v. HOVIC... | 11,686,401 | b |
The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the informa... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "regarding \"state of the art\" defense: \"Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.\"",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); Kin... | {
"signal": "see",
"identifier": "765 F.2d 456, 465",
"parenthetical": "minutes of committee meetings of Asbestos Textile Institute admissible to show \"state of the art,\" absent showing that defendant either was a member of the institute or had knowledge of its meetings",
"sentence": "See, e.g., Dunn v. HOVIC... | 11,686,401 | b |
With regard to nonaction, "the general rule [is] that when a civil statute is silent as to the applicable standard of proof, the preponderance of the evidence standard governs factual determinations required by that statute." This rule applies equally to statutes that provide for multiple damages. | {
"signal": "see",
"identifier": null,
"parenthetical": "applying preponderance of evidence standard to claim for statutory punitive damages under General Statutes SSSS 47a-43 and 47a-46 and stating that \"[a]bsent evidence of legislative intent to the contrary, we continue to presume that when a statutory privat... | {
"signal": "see also",
"identifier": "32 Conn. App. 133, 137-38",
"parenthetical": "applying preponderance of evidence standard to claim for punitive damages under Connecticut Unfair Trade Practices Act pursuant to General Statutes SS 42-110g",
"sentence": "See Freeman v. Alamo Management Co., supra, 221 Conn.... | 4,088,355 | a |
With regard to nonaction, "the general rule [is] that when a civil statute is silent as to the applicable standard of proof, the preponderance of the evidence standard governs factual determinations required by that statute." This rule applies equally to statutes that provide for multiple damages. | {
"signal": "see",
"identifier": null,
"parenthetical": "applying preponderance of evidence standard to claim for statutory punitive damages under General Statutes SSSS 47a-43 and 47a-46 and stating that \"[a]bsent evidence of legislative intent to the contrary, we continue to presume that when a statutory privat... | {
"signal": "see also",
"identifier": null,
"parenthetical": "applying preponderance of evidence standard to claim for punitive damages under Connecticut Unfair Trade Practices Act pursuant to General Statutes SS 42-110g",
"sentence": "See Freeman v. Alamo Management Co., supra, 221 Conn. 683 (applying preponde... | 4,088,355 | a |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exc... | {
"signal": "no signal",
"identifier": "21 Cal.3d 829, 836",
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding... | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super.... | 9,064,046 | a |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exc... | {
"signal": "no signal",
"identifier": "21 Cal.3d 829, 836",
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding... | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super.... | 9,064,046 | a |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exc... | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super.... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert... | 9,064,046 | b |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exc... | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super.... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert... | 9,064,046 | b |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exc... | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super.... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert... | 9,064,046 | b |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exc... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert... | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super.... | 9,064,046 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lea... | {
"signal": "see",
"identifier": "496 U.S. 384, 396",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (or... | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposi... | 3,581,355 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lea... | {
"signal": "see",
"identifier": "496 U.S. 384, 396",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (or... | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposi... | 3,581,355 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lea... | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposi... | {
"signal": "see",
"identifier": "496 U.S. 384, 396",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (or... | 3,581,355 | b |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lea... | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposi... | {
"signal": "see",
"identifier": "110 S.Ct. 2447, 2456",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) ... | 3,581,355 | b |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lea... | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposi... | {
"signal": "see",
"identifier": "110 S.Ct. 2447, 2456",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) ... | 3,581,355 | b |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lea... | {
"signal": "see",
"identifier": "110 S.Ct. 2447, 2456",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposi... | 3,581,355 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lea... | {
"signal": "see",
"identifier": null,
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Ru... | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposi... | 3,581,355 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lea... | {
"signal": "see",
"identifier": null,
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Ru... | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposi... | 3,581,355 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lea... | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposi... | {
"signal": "see",
"identifier": null,
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Ru... | 3,581,355 | b |
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