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all · 237k rows

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train · 189k rows

input stringlengths 15 850k	references listlengths 5 46	gold listlengths 1 15
F.3d at 560-62, 566-67. 17 . Id. at 566-67. 18 .Id. at 567. 19 . United States v. Hazlewood, 526 F.3d 862, 864 (5th Cir.2008). 20 . United States v. Scruggs, 714 F.3d 258, 262 (5th Cir.2013). 21 . 18 U.S.C. § 3231. 22 . Scruggs, 714 F.3d at 262 (internal quotation marks and citations omitted). 23 . See id. at 263 ("Eve...	[ "4", "1", "2", "0", "3" ]	[ "3" ]
exculpatory findings.” Standing as it does, “could have” is merely an introduction to speculation and is not a substitute for “concrete evidence.” Id. There was no abuse of discretion, and there is no basis to disturb the judge’s denial of the motion to suppress. See Commonwealth v. O’Day, ante 296, 307 (2003) (affirmi...	[ "0", "4", "2", "3", "1" ]	[ "1" ]
date of April 24, 1996, are given a one-year grace period in which to file their habeas petitions, that is, until April 24, 1997. See Ross v. Artuz, 150 F.3d 97, 103 (2d Cir.1998). Moreover, the grace period will be tolled while “a properly filed application for State post-conviction or other collateral review with res...	[ "0", "4", "2", "3", "1" ]	[ "1" ]
so long as probable cause existed for the one offense). The fact that the offense was a misdemeanor is also immaterial to our Fourth Amendment analysis. See United States v. Watson, 423 U.S. 411, 418, 421-24, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976) (a police officer is permitted to arrest without a warrant if a misdemeanor...	[ "1", "4", "0", "3", "2" ]	[ "2" ]
be filed pursuant to 11 U.S.C. § 503.” See Official Bankruptcy Form B 10 (Dec.2007) available at www.uscourts.gov/ rules/BK_F orms_Pending_2008/ B_010_1208v4.pdf (last visited September 9, 2009). 5 . The court in In re MicroAge discounted this policy concern because "[a]ny creditor that has received an avoidable transf...	[ "4", "1", "3", "0", "2" ]	[ "2" ]
permanent order to prevent the relocation. 4. A proceeding filed pursuant to this subsection must be filed within thirty (30) days of receipt of notice of a proposed relocation. K. The relocating person has the burden of proof that the proposed relocation is made in good faith. If that burden of proof is met, the burde...	[ "2", "3", "1", "0", "4" ]	[ "4" ]
and is not intended to affect, establish, or diminish any liability of commercial builders, contractors or renovators.”). Indeed, part of the court’s rationale was that California homeowners generally would not be insured for an injury suffered after conveyance of the property. Id. at 483. No such analysis has been off...	[ "0", "2", "3", "1", "4" ]	[ "4" ]
(Tex.App.-Tyler, July 23, 2008, pet. ref'd) (not designated for publication) (evidence sufficient to support tampering conviction when defendant, stopped for traffic offense, admitted that he had a "marijuana roach” and then ate it). 1 . Several states have adopted similar approaches. See, e.g., State v. Fana, 109 Conn...	[ "0", "3", "2", "1", "4" ]	[ "4" ]
a breach of the warranty as to what the furnace would do under proper care and operation. Id. (emphasis added) (citations omitted). Similarly, in Smith v. Pickands, 148 Mich. 558, 112 N.W. 122 (1907), the plaintiff contracted to sell fruit trees, which the contract warranted would be “delivered in a healthy condition.”...	[ "1", "0", "3", "2", "4" ]	[ "4" ]
UFOC and Franchise Agreement, and that it had been “advised to seek professional assistance, to have professionals review the documents and to consult with other franchisees regarding the risks associated with the purchase of the franchise.” (Ex. A. Disclosure Ack-nowlegment Statement.). Each was also advised in the bo...	[ "3", "0", "1", "2", "4" ]	[ "4" ]
48 L.Ed.2d 126 (1976), to support the conclusion that Anderson was denied a fair trial. Anderson, 574 So.2d at 93-94. The district court concluded the Florida Supreme Court’s denial of relief as to this claim was not “contrary to” or “an unreasonable application of ... clearly established Federal law, as determined by ...	[ "1", "0", "3", "2", "4" ]	[ "4" ]
that intent is not an element of a cause of action for the laundry list violation of “representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law.” Id. at 289-90 (citing Tex. Bus. & Com.Code § 17.46(b)(12)). We agree with the cour...	[ "1", "4", "0", "2", "3" ]	[ "3" ]
We have drawn no distinction between the protections offered by Article II, Section 4 of the Montana Constitution and those offered by the Equal Protection Clause of the United States Constitution when analyzing alleged discrimination between similarly situated taxpayers. Roosevelt v. Montana Dept. of Revenue, 1999 MT ...	[ "1", "4", "3", "0", "2" ]	[ "2" ]
authority. Miss.Code Ann. § 79-29-303(1) (emphasis added). Moreover, “[n]o act of a manager or member in contravention of a restriction on authority shall bind the limited liability company to persons having knowledge of the restriction.” Miss.Code Ann. § 79-29-303(4). In this case, the Bankruptcy Court correctly found...	[ "3", "1", "4", "2", "0" ]	[ "0" ]
did not elevate the telephone call into a Fourth Amendment seizure: That [the detective] told [the suspect] he would secure an arrest warrant if [the suspect] refused [to go to the police station] does not alter the outcome; [the suspect] was free to demand that [the detective] do just that. [The detective] was not eve...	[ "3", "0", "4", "1", "2" ]	[ "2" ]
(E.D.Va. Aug. 22, 2005) (Memorandum Opinion). 5 . Lentz has sent several ex parte communications to the Court throughout the course of these proceedings, despite repeated admonitions not to do so. Most recently, on January 19, 2006, the Court received an ex parte communication from Lentz consisting of two handwritten n...	[ "3", "0", "4", "2", "1" ]	[ "1" ]
or otherwise, and no disposition, charge, encumbrance, sale or assignment of the income or of the principal of this trust or any part hereof by any beneficiary hereunder shall be of any validity or legal effect or in any way recognized by said TRUSTEE.” Because of the provisions of this classic spendthrift clause, neit...	[ "2", "3", "0", "4", "1" ]	[ "1" ]
must be supported by a new probable cause justification. See Illinois v. Caballes, 543 U.S. 405, 407-08, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005); Arizona v. United States, — U.S. -, 132 S.Ct. 2492, 2509, 183 L.Ed.2d 351 (2012) (“[D]elay[ing] the release of some detainees for no reason other than to verify their immigrati...	[ "0", "2", "3", "1", "4" ]	[ "4" ]
by appeal.” See id. Appeals from the general sessions court to the circuit court are governed by Tennessee Code Annotated sections 27-5-101 to - 107 (2000), -108 (Supp.2007). Section 108(a) states that “[a]ny party may appeal from an adverse decision of the general sessions court to the circuit court of the county with...	[ "3", "1", "0", "2", "4" ]	[ "4" ]
40, 46 (1953). One of those factors is the civil nature of the proceedings. Id. Assuming the proceedings are civil in nature, as Shetsky and rule 702(f) indicate, rule 115 of the General Rules of Practice reflects the traditional practice for a civil action by implicitly placing the burden on the moving party to obtain...	[ "3", "2", "1", "4", "0" ]	[ "0" ]
be complete and that the requested information was therefore not necessary to evaluate her claim. It is the governmental agency that may, pursuant to Bivins, determine when a claim is capable of evaluation. Further, Crockett's eight-month delay in providing the requested information without any explanation of the reaso...	[ "2", "4", "1", "0", "3" ]	[ "3" ]
desire to reunite with his child. Second, their interaction with Kish gave no reason to doubt his credibility. Kish gave Defendants a detailed account of the alleged plan to accomplish Steiner’s suicide, along with a diagram indicating where he had personally observed the medications. Kish repeated his allegations unde...	[ "3", "2", "0", "4", "1" ]	[ "1" ]
cruel and unusual punishment will be violated since he may be incompetent at the time of execution. These claims have been repeatedly rejected by this Court. See, e.g., Chavez v. State, 132 So.3d 826, 831 (Fla.), cert. denied, — U.S —, 134 S.Ct. 1156, — L.Ed.2d—(2014) (“Summary denial of a lethal injection challenge is...	[ "0", "4", "2", "1", "3" ]	[ "3" ]
and relies upon the decision in Commonwealth v. Gibson, 597 Pa. 402, 951 A.2d 1110, 1122-23, for doing so. See op. at 482-85, 967 A.2d at 391-92. However, Gibson involved a first post-conviction request for collateral relief in which the petitioner was not required to establish that a miscarriage of justice had occurre...	[ "2", "3", "1", "0", "4" ]	[ "4" ]
flooding, which has, among other things, damaged their home. On June 15, 2012, Plaintiffs filed this lawsuit alleging violations of the Clean Water Act, 33 U.S.C. § 1365 (Count I), as well as nuisance, trespass, and negligence under Illinois law (Counts II-IV)- Count I is brought under the “citizen suit” provision of t...	[ "4", "0", "2", "1", "3" ]	[ "3" ]
claims. The irrelevance of the exception, howevér, is obvious in light of Mr. Chavez’s failure to cite any extraordinary circumstances. Instead, he circles back to his “ripeness” argument and states that “[ujnless the Government can read [his] mind, it has absolutely no idea what the basis — factual or legal — may be f...	[ "4", "0", "1", "3", "2" ]	[ "2" ]
to counts three and five on May 26,1998. Prior to sentencing, defendant moved to have the sentence imposed in accord with the September 15, 1992 Guidelines, which defendant claimed were in effect when he committed the offenses on January 15, 1998. The statewide presumptive plea offer for the subject offenses under the ...	[ "2", "1", "0", "4", "3" ]	[ "3" ]
to deliver a subpoena to the witness but was unsuccessful on three separate occasions. Id. at 159-60. The trial court subsequently ruled that the witness's previous testimony could be admitted at trial because Reynolds did not refute that he had been instrumental in concealing or keeping the witness away. Id. at 160. ¶...	[ "0", "4", "1", "3", "2" ]	[ "2" ]
is unbiased and unprejudiced."). Such bias or prejudice exists only where there is an undisputed claim or the judge has expressed an opinion on the merits of the controversy before him. Carter, 761 N.E.2d at 435. Adverse rulings and findings by the trial judge do not constitute bias per se. Id. "Instead, prejudice must...	[ "4", "3", "0", "1", "2" ]	[ "2" ]
Rather, this litigation is before the Court on the Defendants’ Motion to Dismiss (Doc. # 24), under which this Court must decide whether the allegations in Plaintiffs’ Amended Complaint (Doc. # 22), viewed through the prisms of Rules 9(b) and 12(b)(6) and the PSLRA, state a claim for relief. The Plaintiffs merely seek ...	[ "1", "3", "4", "2", "0" ]	[ "0" ]
in evidence, and shall show affirmatively that the affiant is competent to testify to the matters states herein.” The declarations of Kurokawa and Hart complied with HRCP Rule 56(e). “In instances where Hawaii case law and statutes are silent, this court can look to parallel federal law for guidance.” Gold v. Harrison,...	[ "4", "3", "1", "0", "2" ]	[ "2" ]
implied by silence or failure to act after the nonbreaching partners learn of the breach”). A rule that acquiescence, waiver, or ratification is sufficient would be consistent with analogous rules governing corporate opportunities. See, e.g., Impala Platinum, Ltd. v. Impala Sales (USA), 283 Md. 296, 324, 389 A.2d 887 (...	[ "0", "1", "4", "3", "2" ]	[ "2" ]
and grand jury testimony were revealed before the State placed them in witness protection. Specifically, rsonal safety in this case outweighs the defendants’ right of confrontation, we conclude that the district court abused its discretion in this ease by ordering disclosure of the witnesses’ current addresses and tele...	[ "4", "0", "1", "3", "2" ]	[ "2" ]
Health Care Fraud Information No. 09-CR421, which charged him with health care fraud of $2.9 million. The Government contends petitioner’s claim is meritless as he was never prosecuted for the health care fraud violations in 1999 because he fled the jurisdiction on the date of his scheduled court appearance. Therefore,...	[ "0", "3", "2", "1", "4" ]	[ "4" ]
similar to that of the district corad; in this case. That is, they refuse to view the guideline restrietively, and allow the enhancement where a direct implication of death follows from the 10th Cir.)(stating without detailed discussion that robber’s statement to teller to put money in bag or “the person behind me will...	[ "2", "3", "0", "4", "1" ]	[ "1" ]
Because we agree with the district court that the inner layers of claim 1 must be construed as closed to unrecited resins, including LDPE, we see no error in the district court’s conclusion that dependent claim 10 is invalid. Independent claim 1 excludes LDPE from the inner layers, while dependent claim 10 includes it....	[ "0", "2", "3", "4", "1" ]	[ "1" ]
caught in the middle of acrimonious custody battles, I agree with the Court’s holding that the Texas Family Code does not afford a trial court such discretion. But the treatment of attorney’s fees in modification and enforcement proceedings has been more complicated than the Court might indicate. I write separately to ...	[ "0", "3", "4", "2", "1" ]	[ "1" ]
failed to foresee or expect the damage caused by the installations of the foundations. Ante, at---. I do not believe that this is correct. The complaints allege that the failure to satisfy code requirements regarding the footers may not have been intentional. See, e.g., J.A. 277, 289-90 (first Ellerbe complaint allegin...	[ "4", "2", "0", "3", "1" ]	[ "1" ]
it does bear on the propriety of fees awarded under § 1988,” id. at 114, 113 S.Ct. 566, and in a concurring opinion, Justice O’Conner wrote that “[wjhen the plaintiffs success is purely technical or de minimis, no fees can be awarded,” id. at 117, 113 S.Ct. 566 (O’Conner, J., concurring). The Court disagrees with defen...	[ "0", "3", "1", "4", "2" ]	[ "2" ]
held that an action for breach of warranty was a contract action, and therefore governed by the statute of limitations for contract actions. The court explained that: [Wjhile an action for breach of a statutorily implied warranty of fitness may involve, incidentally, some showing of negligence, the contract breached is...	[ "2", "0", "3", "1", "4" ]	[ "4" ]
that the new therapies might “negatively impact[]” the sales of certain flea and tick products. (CAC at 92). Plaintiffs say this was too little, too late. It was too little, they argue, because the statement was merely a “benign reference” to the new therapies, insufficient to adequately warn investors. (CAC ¶ 92). It ...	[ "4", "0", "3", "2", "1" ]	[ "1" ]
Credle-Brown v. Conn. Dep’t. of Children & Families, No. 04-CV1167, 2009 WL 1789430, at *1 (D.Conn. June 24, 2009) (“[T]he Court finds that a plaintiff cannot bring a claim under section 1983 where the deprived federal rights are only those rights guaranteed by the ADA.”); South Middlesex Opportunity Council, Inc. v. T...	[ "2", "3", "4", "1", "0" ]	[ "0" ]
the Court of Special Appeals’ decision in Evans is that Respondents’ constitutional rights were violated only when the police decided not to “arrest” them, and let them go. In this regard, we agree with the intermediate appeals court of Massachusetts: Under that principle, it cannot be said that [the defendant’s] const...	[ "1", "3", "0", "4", "2" ]	[ "2" ]
shall forthwith be mailed to all parties. Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified prop...	[ "1", "3", "2", "4", "0" ]	[ "0" ]
courts have held that “the UCC is a party’s exclusive remedy when statutory provisions are applicable to the factual circumstances of a given case.” Peters Family Farm, Inc. v. Sav. Bank, No. 10CA2, 2011 WL 497476, at *4 (Ohio Ct.App. Jan. 28, 2011); see also Dice v. White Family Cos., 173 Ohio App.3d 472, 480, 878 N.E...	[ "1", "2", "0", "4", "3" ]	[ "3" ]
to accept transfer of Mrs. West and the undisputed evidence shows,that Dr. Huxol never refused to accept transfer of Mrs. West. 1. No Prívate Cause of Action under EMTALA against Individuals EMTALA provides a private cause of action directly- against participating hospitals for violation of the duties created -by the s...	[ "0", "3", "4", "1", "2" ]	[ "2" ]
issue of Claimant’s initial eligibility for benefits under the Act. Furthermore, the cases cited by the Department in support of its position are inapposite because they relate to circumstances in which a government entity has made a mistake in enforcing the law or administering its duty to the public at large, and do ...	[ "2", "3", "0", "4", "1" ]	[ "1" ]
Corp., 440 F.Supp. 1237 (D.N.J.1976). There the patentee had granted the licensee the right to make and sell its product in specialty form only, but not in bulk for sale to others. The court reasoned that a patentee’s right to shut off all competition must necessarily include the lesser right to restrict the exercise o...	[ "1", "0", "4", "2", "3" ]	[ "3" ]
in this court. Beyond the record provided for a direct appeal, Golden is not entitled to free transcripts to assist in the preparation of either a postconviction motion or a petition for extraordinary relief. Goggins v. Pinellas Co., Cir. Ct. of Sixth Jud. Cir., 685 So.2d 1334, 1335 (Fla. 2d DCA 1996). As the trial cou...	[ "0", "3", "2", "1", "4" ]	[ "4" ]
between the funds seized and the illegal activity was that the tainted funds had previously passed through the same interbank account. II At the time of the seizure, the civil forfeiture statute provided that the United States could acquire through forfeiture “[a]ny property, real or personal, involved in a transaction...	[ "1", "3", "2", "0", "4" ]	[ "4" ]
the undisputed allegations of the underlying complaint, there is no plausible way that Hanft could be legally entitled to the personal profit he gained, and therefore, application of the exclusion need not await final adjudication of the underlying action. Moreover, it is unlikely that the issue of whether Hanft was “l...	[ "3", "2", "1", "0", "4" ]	[ "4" ]
bring a RCRA ISE claim is evidence that the defendant’s discharges, and Little Hocking’s reasonable concerns about the effects of those discharges, directly affected its economic interests in running a water distribution Facility. If this Court or a jury finds that Defendant is liable under RCRA for the environmental c...	[ "4", "1", "2", "0", "3" ]	[ "3" ]
applicable under the contract; and (3) what volume of gas is covered by the properly redetermined price. Under the parties’ agreement, however, the extent to which these “additional matters” are nonarbitrable is open to serious question. For example, in varying degrees, the plaintiffs’ three examples of “additional mat...	[ "3", "2", "4", "1", "0" ]	[ "0" ]
P.2d 164, 167 (Colo.App.1998) (excluding an employer’s contribution to an employee’s pension plan from the calculation of weekly benefits); Luce v. United Techs. Corp., 247 Conn. 126, 717 A.2d 747, 755 (1998) (finding that the calculation of “wages” under the state’s workers’ compensation laws does not include pensions...	[ "2", "1", "0", "4", "3" ]	[ "3" ]
in a matter in which neither alone could serve the client as proficiently. Id. 1.5 emt. The referral agreement between Hollender and Eggen complied, at least in part, with Minn.R.Prof. Conduct 1.5(e). The record demonstrates: (1) Hollender met with the client, evaluated internal reports from an expert witness, referred...	[ "3", "0", "2", "4", "1" ]	[ "1" ]
when Officer Brinson interviewed Thu-mann or Broderick. Nor does it provide any information about Thumann or Bro-derick, other than appellant’s alleged longtime friendship with Broderick’s family. Nor does it establish any reason for believing the information of either informant to be reliable and credible other than t...	[ "1", "3", "0", "4", "2" ]	[ "2" ]
CURIAM. Anton Cross appeals from the sentence the District Court imposed after he pleaded guilty to a drug-conspiracy offense. His counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the District Court (1) erred in determining that the Fair Sentencing A...	[ "4", "1", "3", "0", "2" ]	[ "2" ]
than in Steve Jackson Games and Konop. Defendant’s proemail operated to obtain the e-mails before they were received by its intended recipients. While the e-mail in Steve Jackson Games was retrieved from storage in a computer and the website in Konop was accessed under false pretenses, the e-mails in this case were acc...	[ "4", "3", "1", "0", "2" ]	[ "2" ]
must run while defendant is incarcerated for parole violation); cf. N.Y. Exec. Law § 259-i(3)(x)(D) (stating that harshest penalty for violating post-release supervision served after determinate prison sentence is “reincarceration up to the balance of the remaining period of post-release supervision, not to exceed five...	[ "2", "4", "1", "0", "3" ]	[ "3" ]
the standard of care. See Hyman & Armstrong, P.S.C. v. Gunderson, 279 S.W.3d 93, 114(Ky. 2008) (concluding that, although information about a drug in the package insert and the Physicians’ Desk Reference “is relevant and useful information regarding the prescribing physician’s standard of care, it is not the sole deter...	[ "1", "0", "2", "3", "4" ]	[ "4" ]
(per curiam). In response, Ms. Bon-illa-Holguin’s counsel filed a motion to withdraw and an Anders brief. See Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) (authorizing counsel to request permission to withdraw where counsel conscientiously examines case and determines that appeal would ...	[ "3", "1", "0", "4", "2" ]	[ "2" ]
by the Allegheny County Court of Common Pleas, in which the Court, without citation to any cases, held that a wife was not bound by the limited tort election made by her ex-husband. Kail v. Kalsek, Case No. GD99-15479 (Allegheny Cty. Ct. of Common Pleas May 31, 2001). Although the facts in Kail seem identical to Bujfet...	[ "2", "0", "1", "4", "3" ]	[ "3" ]
Cir.1992) (upholding Section 1983 claim where plaintiffs complaints concerned the routine use of sexually suggestive language by police officers toward all female officers as well as systemic instances of other forms of sexual harassment), cert. denied, - U.S. -, 113 S.Ct. 1644, 123 L.Ed.2d 266 (1993); Auriemma v. Rice...	[ "1", "4", "3", "2", "0" ]	[ "0" ]
a jury that they rose to the level of a “meeting” as defined by the Freedom of Information Act, and consequently, would not be prohibited by the statute. See Conn. Gen.Stat. § 1-200(2) (" 'Meeting' means any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public ag...	[ "1", "0", "4", "2", "3" ]	[ "3" ]
wholly independent right the resolution of which demands the exercise of a judicial power substantially different in scope than the power to decide a particular claimant’s entitlement to compensation under the Vaccine Act. What petitioners seek is a declaratory-judgment respecting the constitutional legitimacy of 42 U....	[ "4", "1", "0", "3", "2" ]	[ "2" ]
premium payments owed to the insurer which the client then paid to the broker. Id. (citing Unified Servs., Inc. v. Home Ins. Co., 218 Ga.App. 85, 460 S.E.2d 545 (Ga.Ct.App.1995)). 24 . In making these determinations, I have not relied on the Expert HR defendants' response to LM’s Rule 56.1 Statement. Under Local Rule 5...	[ "4", "1", "3", "0", "2" ]	[ "2" ]
In an attempt to prove such a fact, Electric Mobility points to the rather feeble deposition testimony of Michael Flowers, the President of Electric Mobility, who testified that he believed that the time period in which Electric Mobility ordered and received Bourns potentiometers from Hall-Mark “was a broader period of...	[ "4", "2", "1", "3", "0" ]	[ "0" ]
and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty.” Id. at 494, 114 S.Ct. at 1737 (emphasis added) (quoting Johnson v. Zerbst, 304 U.S. 458, 468, 58 S.Ct. 1019, 1024, 8...	[ "0", "1", "2", "4", "3" ]	[ "3" ]
(1982). “Mere approval of or acquiescence in the initiatives of a private party” does not constitute state action in the First Amendment context. See id. at 1004-05, 102 S.Ct. 2777; see also Edwards v. Habib, 397 F.2d 687, 691 (D.C. Cir. 1968) (“[I]f, for constitutional purposes, every private right were transformed in...	[ "3", "2", "1", "4", "0" ]	[ "0" ]
Section 90.403, Florida Statutes (2007), establishes a limitation on the introduction of relevant evidence: “Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.”...	[ "3", "4", "2", "0", "1" ]	[ "1" ]
and the claim needs no new grounds of jurisdiction to support it.” Fed.R.Civ.P. 8(a)(1) (emphasis added). Rule 8(a)(1) is satisfied if the complaint generally “say[s] enough about jurisdiction to create some reasonable likelihood that the court is not about to hear a case that it is not supposed to have the power to he...	[ "3", "2", "1", "4", "0" ]	[ "0" ]
that any of the shareholders participated in any fraudulent or unlawful activity. As a mere passive recipient of the ShowBiz stock, a defendant here has only a small number of possible individual defenses, such as the claim that he only acted as a conduit for the actual recipients of the stock, or that he had a smaller...	[ "3", "2", "1", "4", "0" ]	[ "0" ]
exceeds the original equipment cost — i.e., factors that, according to New § 1-201(37)[3], are consistent with true lease status); Owen, 221 B.R. at 61 (concluding that Brighb-Line Test did not establish a per se security agreement and then applying the following criteria in its reversionary interest analysis: (1) whet...	[ "3", "1", "2", "4", "0" ]	[ "0" ]
County[, 387 Md. 52, 874 A.2d 470 (2005)]? (4) Whether the highly restricted Agricultural Zone area may be used for an S.M. facility, private driveway, and lot area for lots developed in the adjoining Rural-Residential Zone Area, where the Agricultural Zone itself would not permit that lot density? (5) Whether the Cour...	[ "3", "2", "4", "0", "1" ]	[ "1" ]
the VE. See Evans v. Chater, 55 F.3d 530, 532 (10th Cir.1995) (concluding there was error when ALJ omitted from hypothetical functional limitations arising from impairment). Even if the ALJ could be faulted for not including standing and walking in the hypothetical, any error was harmless in light of the ALJ’s unchalle...	[ "1", "4", "0", "3", "2" ]	[ "2" ]
see also Custer v. Coward, 293 Ga. App. 316, 319 (2) (667 SE2d 135) (2008) (acknowledging, in a dog-bite case, that the plaintiff’s cause of action could be based either on the premises-liability statute or the dangerous-animal-liability statute); Wade v. Am. Nat’l. Ins. Co., 246 Ga. App. 458, 461 (1) (540 SE2d 671) (2...	[ "2", "3", "0", "1", "4" ]	[ "4" ]
to defendant’s motion to admit the deposition testimony, nor did plaintiff’s counsel raise it orally when he renewed his motion to exclude the deposition on the first morning of trial. Plaintiff’s failure to present this argument to the trial court operates as a waiver on appeal. Hudson v. Town of East Montpelier, 161 ...	[ "2", "0", "1", "4", "3" ]	[ "3" ]
over the years to reverse its position, I and my colleagues would not have undertaken this litigation on a contingent fee basis had it been thought that there was any likelihood of a fee being restricted to a small percentage of the amounts recovered. Although I knew that the Court ultimately sets the fee, and that no ...	[ "1", "2", "3", "4", "0" ]	[ "0" ]
to find at least one aggravating circumstance before it may impose death. See Gregg, 428 U.S. at 162-67, 96 S.Ct. at 2920-22 (reviewing Georgia sentencing scheme); Proffitt v. Florida, 428 U.S. 242, 247-51, 96 S.Ct. 2960, 2964-66, 49 L.Ed.2d 913 (1976) (reviewing Florida sentencing scheme). By doing so, the sentencing ...	[ "3", "4", "2", "0", "1" ]	[ "1" ]
which it relates. Thus, when the affirmative defense of comparative negligence is raised, a negligence claim and the affirmative defenses of comparative and/or contributory negligence are inextricably intertwined.”). In a case raising the same issue as the one before us, the Kansas Court of Appeals reasoned as follows:...	[ "1", "0", "2", "3", "4" ]	[ "4" ]
jury from the accused and isolating its sentencing decision from the fact that the death sentence, if imposed, will actually result in the execution of a fellow human being.” J. Sullivan, supra, 15 N.M. L. Rev. 63. Consequently, “[t]he right to speak without threat of disclosing otherwise undisclosed information such a...	[ "4", "3", "2", "0", "1" ]	[ "1" ]
its attendant inferences in the light most favorable to the non-moving party. Id. at 760. However, we do not even reach the application of this stringent standard here because defendant failed to preserve the sufficiency of the evidence issue for appeal. Federal Rule of Civil Procedure 50 provides that “[m]otions for j...	[ "3", "4", "0", "1", "2" ]	[ "2" ]
Circuit’s decision in Krishna. In TWU-NYC Private Bus Lines Pension Trust v. Adams, a court in this District held that, where the provisions of the plan clearly indicate that the designated joint survivor annuitant could not be changed once the participant retired, enforcing a waiver in a marital settlement agreement w...	[ "3", "2", "0", "1", "4" ]	[ "4" ]
is supported by and entirely consistent with our recent decision in Patel v. State, supra, where we held violative of OCGA § 17-8-57 a trial court’s statement before jurors that “[v]enue is proper in Fayette County.” Although the trial court in the instant case did not specifically reference “venue” in its statement, w...	[ "1", "2", "3", "4", "0" ]	[ "0" ]
testimony of the appellants girlfriend that Reed was “excluded” from entering the bedroom without express permission. Notably, several courts have applied a different test and a different presumption. Mainly, these courts have followed the view that, when two autonomous adults jointly occupy a dwelling and have separat...	[ "0", "2", "4", "1", "3" ]	[ "3" ]
matrix_8.html (last visited Aug. 8, 2011). Because the plaintiff does not indicate when Hamlett graduated from law school, the court has calculated her appropriate hourly rate based on her bar admission date. 5 . Although the District of Columbia is statutorily limited in the award that it may pay, the court may award ...	[ "4", "1", "2", "3", "0" ]	[ "0" ]
court's rejection of the defendant's insufficiency-of-the-evidence claim was not unreasonable under AEDPA); Knowles, 556 U.S. at 114, 129 S.Ct. 1411 (finding that the Ninth Circuit erred because the state court’s decision that the defendant was not deprived of effective counsel was not "contrary to, or ... an unreasona...	[ "0", "4", "1", "3", "2" ]	[ "2" ]
of the corporation to proceed unaffected by frivolous litigation and protects the directors’ ability to pursue appropriate levels of risk without fear of liability, so long as their actions are consistent with the duty of loyalty.”). 21 . See id. at *12. 22 . See App. to Zhongpin Opening Br. at 541 (Oral Arg’t Defs.’ M...	[ "3", "0", "2", "4", "1" ]	[ "1" ]
the costs of an expert witness, that it is the service of the subpoena on the witness, not the service of the subpoena on the opposing party, which is dis-positive. Town of Chapel Hill v. Fox, 120 N.C. App. 630, 632, 463 S.E.2d 421, 422 (1995). Plaintiffs concede that subpoenas were served on both expert witnesses for ...	[ "3", "0", "1", "2", "4" ]	[ "4" ]
has established sufficient case law on the issues in the instant case. As was in Herman, the disputed issues in this case include: (1) whether the Plan was an ERISA-covered pan, (2) whether Holman was a fiduciary as defined by ERISA, and (3) whether Holman breached his duty under ERISA. The Sixth Circuit has defined wh...	[ "2", "4", "0", "1", "3" ]	[ "3" ]
was surrendered,” or those that “have only a peripheral relation to the reason the amendment was submitted.” Id. at 1841, 62 USPQ2d at 1712. Nor is recourse to the doctrine of equivalents foreclosed where there is “some other reason suggesting that the patentee could not reasonably be expected to have described the ins...	[ "0", "3", "4", "2", "1" ]	[ "1" ]
that a person whom an officer has formally and “physically” arrested is “in custody” for purposes of article I, section 10. See State v. Vallesteros, 84 Hawai'i 295, 301, 933 P.2d 632, 638 (1997) (“arrest” involves, inter alia, “talcing an alleged violator into extended physical custody”); State v. Wyatt, 67 Haw. 293, ...	[ "0", "3", "2", "4", "1" ]	[ "1" ]
by the age of the older maintenance person. In the second hypothetical, a company with a phone bank lays off the oldest operator. The company could not prevail on a motion for judgment as a matter of law in such a case on the theory that a desire to eliminate the particular phone used by that operator was the sole moti...	[ "4", "3", "0", "2", "1" ]	[ "1" ]
Machete called Machete Kills, that the Program is unconstitutional because it violates rights protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. See Machete Productions, L.L.C. v. Page, 809 F.3d 281 (5th Cir.2015). The court held that because the Program statutes and regu...	[ "2", "1", "0", "4", "3" ]	[ "3" ]
immunity is an affirmative defense. Perry v. Texas A & I Univ., 737 S.W.2d 106, 110 (Tex.App.—Corpus Christi 1987, writ ref'd n.r.e.). Thus, the burden is on the defendant to establish all elements of the defense. Montgomery v. Kennedy, 669 S.W.2d 309, 310-11 (Tex.1984). Government employees are entitled to official im...	[ "1", "0", "4", "2", "3" ]	[ "3" ]
269, 196 P.3d 970 (stating that a party may not seek a declaratory judgment when additional fact-finding or agency expertise is necessary). Thus, despite the fact that both the Smiths and the Stillmans presented identical and purely legal questions, the Smiths were required to comply with the administrative process the...	[ "2", "4", "0", "3", "1" ]	[ "1" ]
court after December 19, 2004. Martin maintains that Local Rule 7 conflicts with Rule 6(e) of the Federal Rules of Civil Procedure and that he in fact timely submitted his response because the federal rules trump the local rules, which gave him an additional three days to file his response. Rule 6(e) extends deadlines ...	[ "1", "4", "3", "2", "0" ]	[ "0" ]
of any of the other witnesses. Thus, only a small, albeit important, portion of the testimony admitted at trial was erroneously admitted. Defendant calls to our attention several cases in which courts, when faced with similar situations, have found that the admission of expert testimony, in sexual abuse cases, which vo...	[ "4", "0", "1", "2", "3" ]	[ "3" ]
mandatory language must always be construed as jurisdictional. Similarly, we conclude here that although the language requiring the trial to be held within thirty days is mandatory, the language is not necessarily jurisdictional because there are limited instances where the court would retain jurisdiction beyond the th...	[ "4", "3", "2", "0", "1" ]	[ "1" ]
had been taken over by Jamaicans, thereby suggesting that it was more likely that the defendant was guilty of the drug sales with which he had been charged. Although the government argued that these references were “fleeting” and “insignificant,” the Court concluded that the “fairness, integrity [and] public reputation...	[ "1", "0", "2", "4", "3" ]	[ "3" ]

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