result stringlengths 259 95k |
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even though the store benefitted from the advertising, the court found this did not rise to the level of consideration. Id. In State v. Socony Mobil Oil Co., the Court of... |
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individuals are cooperating with law enforcement authorities.” (Id.) As a general proposition, courts have repeatedly recognized that materials, including even judicial d... |
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For example, the Commission at one point says that it will “require the pipelines to show why their existing tariffs should not be considered unjust and unreasonable,” Or... |
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His hands, everything, was shaking." Haley's mouth was dry and he was licking his lips, stuttering, shuffling his feet, and nervously pacing in circles. Daniel was also e... |
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and “decreased short term survival” is, in effect, a loss of chance instruction and contrary to Indiana law. We agree. We first note that this instruction again correctly... |
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noting that the additional materials provided "are submitted only to assist the Court in exercising its discretion in ruling on the Motion to Strike under Rule 14(a)." Th... |
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the difference between it and the previous provisions in Section 70(a)(5) of the Bankruptcy Act. There is no question that the language has changed. The significance of t... |
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she argues that that affidavit demonstrates that Mandeville’s testimony regarding DMV complaints about Bucci is not worthy of belief. It is important to note, however, th... |
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disparity exists between the parties, such that one party may be inhibited from preparing or presenting a claim, the trial court should liberally exercise its discretion ... |
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at the time of leasing, and of the continuing supervision of the federal agencies involved over future activities, the agency’s decision in this case that the lease issua... |
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noted, the misrepresentations were actionable “because they caused him to enter into an agreement whereby he made an unfavorable purchase” and, thus, the claims related t... |
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at 324 (noting that “materially adverse employment action requires more than trivial, subjectively perceived incon verbenees.” (citations omitted)). Rather, although the ... |
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waterways.” It is well established that “ ‘an expert’s opinion is of no greater probative value than the soundness of his reasons given therefor will warrant.’ ” Surkovic... |
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the Dominican court did not have subject matter jurisdiction in the Dominican divorce. The Dominican court did not have subject matter jurisdiction because neither Dubie ... |
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rule on at least four occasions since Beam was decided. In Beam/Harper, the Supreme Court rejected the analysis of Sunburst/Chevron in retroactivity determinations for fe... |
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to the arbitration clause is preempted by the Communications Act, the issue of unconscio-nability is not even in play. Moreover, while on appeal Boomer perfunctorily stat... |
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faith, excused the wrong two alternates. Because of this mistake, the two alternates from the bottom of the list — that is, the two alternates who should have been excuse... |
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(“The most adequate plaintiff shall, subject to the approval of the court, select and retain counsel to represent the class.”). Courts typically do not disturb a lead pla... |
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CURIAM. Pursuant to appellee’s proper confession of error, the final order on appeal is reversed and the cause is remanded to the trial court with directions to hold an e... |
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what their public officers are doing in the discharge of public duties against the interest of the general public in having the business of government carried on efficien... |
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because he has alleged a sincerely held religious belief, so his Free Exercise Clause challenge thus turns on whether the State’s interest in compliance with the Equal Pr... |
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argument. Pursuant to 29 U.S.C. § 626(e)(2), the statute of limitations may be tolled up to one year for the period during which the EEOC attempts compliance with the ADE... |
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directs us is an amended complaint (the “Second” complaint) that Lynchval filed sometime after the original complaint and sometime before the SASC. This complaint contain... |
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through the courts. {13} Finding that the issue was adequately preserved also complies with the New Mexico appellate courts’ approach to “construe the rules of appellate ... |
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his arrest. Likewise, I agree with Justice Woodall’s rejection of the reliance in the main opinion upon the fact of a subsequent indictment as prima facie evidence of pro... |
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the power and the intention at a given time to exercise dominion and control over” the gun. See Hadley, 431 F.3d at 507. Because we conclude that the foregoing evidence w... |
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(citation and internal quotation marks omitted)); Iannaccone v. Law, 142 F.3d 553, 558 (2d Cir.1998). 2 . On April 25, 2014, Plaintiff filed another action against variou... |
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F.2d 305, 308 (10th Cir.1981) ("Even where certain matters are clearly within the protected sphere of legitimate public interest, some private facts about an individual m... |
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§ 7201 because there is no affirmative act of evasion or an intent to evade the payment of taxes. Yet, the drug dealer could be prosecuted under § 7206(5) for lying about... |
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P. 26.02(1) placed the initial burden on the Boyd parties to establish that the requested documents contained information relevant to (1) Comdata’s obligations under the ... |
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decision to address that question. DISCUSSION Applicable Legal Standard Debtors seek approval of all aspects of the merger under Section 363, which provides, in relevant ... |
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argues that special circumstances are established in this case by evidence that Ms. Patterson knew that Marquette had the shotgun and knew that he had made a statement ab... |
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ink addressing each other’s contentions, but the dispute about the supplemental affidavit is immaterial to the resolution of this appeal. Even if the second affidavit was... |
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States ex rel. Sanders v. East Ala. Healthcare Auth., 953 F.Supp. 1404, 1413 (M.D.Ala.1996). Even after having given due weight to the liberal requirements of notice plea... |
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Mindful of these words, it should be noted that the application of the federal common law developed by the district court in the context of the instant case would not imp... |
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1. 36 . See Guard v. P & R Enterprises, Inc., 631 P.2d 1068, 1072 (Alaska 1981). 37 . City of Whittier v. Whittier Fuel & Marine Corp., 577 P.2d 216, 223 (Alaska 1978) (q... |
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§ 7430(c)(4)(E)(i) (“A party ... shall be treated as the prevailing party if the liability of the taxpayer pursuant to the judgment in the proceeding ... is equal to or l... |
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and impeachment material. Judge Tatel authored section I and sections II.D, II.E, II.F, and II.G- on limits on cross-examination, admission of audiotapes, testimony of De... |
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under the ordinance.” Nevertheless, she claims that her expressive interests were restricted because some people who had been given a notice of trespass could not attend ... |
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definition of moral turpitude should be for our purposes, it should be clear that its application as an aggravating factor should occur only where the facts warrant our s... |
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consent must be clearly, unequivocally expressed. Edelman, 415 U.S. at 673, 94 S.Ct. at 1360-61. Waivers are narrowly construed and almost never implied. Further, a State... |
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order issued in Dormescar TV. 11 . Dormescar did not argue to the IJ or the Board that because he was convicted of counterfeiting in 2007 but was not deemed admitted unti... |
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raised by the district court is the dispositive question of the ease. B. Attenuation Analysis “Under the fruit of the poisonous tree doctrine, all evidence derived from t... |
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wholesale prices, noting that such a rate “is simple to apply, and avoids the need to allocate costs among services.” Local Competition Order ¶ 916. The NCUC set AT & T N... |
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rule 42(b)(1) and 42(b)(2) certification. LSRC cannot—having failed to move for a continuance, having agreed for the trial court to consider certification under rule 42(b... |
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action will “significantly affect” the environment and thus whether an Environmental Impact Statement is required. 40 C.F.R. §§ 1501.4(b), 1508.9 (2001). If the Environme... |
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J. The defendant, Richard Jackson, appeals from the denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850 based on the trial... |
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character. See 18 U.S.C. § 3553(a)(1). The district court was within its statutory authority to sentence him to any term between ten years (120 months) and his natural li... |
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### Input:
. CAC ¶ 59. 63 . See In re Ibis Tech. Sec. Litig. 422 F.Supp.2d 294, 313 n. 19 (D.Mass.2006) (citing In re Int’l Bus. Mach. Corp. Sec. Litig., 163 F.3d 102, 107 (2d Cir.1... |
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provided to Medved for editorial purposes. See Gottlieb, 84 F.3d at 518. As for Myskina’s other common law claims, it is settled that the only judicially recognized relie... |
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§ 155 (1979). 32 . Id. at cmt. b. See also Restatement (Second) of Contracts, ch. 6, introductory note at 379 (“Where, however, because of a mistake of both parties as to... |
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PER CURIAM. Grant Leon Turner appeals his convictions and sentence for possession of a firearm by a convicted felon and retaliating against a witness, victim or informant... |
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Lester and had received an automobile ride to her house in the mid-morning of the day of the murder; on the way, he purchased a bottle of wine. Late in the afternoon, Rei... |
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legal remedy. Riverwoods, L.L.C. v. County of Charleston, 349 S.C. 378, 563 S.E.2d 651 (2002); City of Rock Hill v. Thompson, 349 S.C. 197, 563 S.E.2d 101 (2002); Exparte... |
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but the plaintiffs have alleged no facts that would bring their claim within the exception. See id. (describing a “limited exception to the general rule” where employees ... |
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Second, the court found that the “movement” heard in the mobile home during the raid provided an exigent circumstance that justified the officers’ forcible entry. In cont... |
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489, 505-06 (S.D.N.Y. 1999). Airborne argues that, as a courier service, its activities are analogous to those of the U.S. Postal Service, and that the court’s inquiry sh... |
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The Appellants contend that the accident report was not listed as an exhibit because the Appellee had admitted liability. The accident report became imperative only as re... |
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on the part of D & J to use electricity safely and that this independent duty arises out of the agreement to purchase the electricity. We view this testimony as describin... |
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(1983). “If the statute contains an express preemption clause, the task of statutory construction must in the first instance focus on the plain wording of the clause, whi... |
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that “[i]f these two elements were deemed sufficient to constitute the enumerated offense of kidnapping, then dissimilar state kidnapping offenses would be treated identi... |
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function, its proper course was to require an additional labeling statement. But, as explained below, this argument is rejected because the agency can only require additi... |
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and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them ... |
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that betokens a significant deprivation of freedom, “such that [an] innocent person could reasonably have believed that he [or she] was not free to go and that he [or she... |
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See also Kontrick v. Ryan, 540 U.S. 443, 455, 124 S.Ct. 906, 157 L.Ed.2d 867 (2004). 23 . The Court and the parties agree that this Court lacks jurisdiction under section... |
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whether or not there was an unlawful warrantless entry into Cummings’ home, but this allegation was not raised in the counts recited in the complaint, and this Court sees... |
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suits for the purpose of finality and appealability. We first adopted this rule in Hebel v. Ebersole, 543 F.2d 14 (7th Cir.1976), when we held that, because the claims re... |
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some ambiguity in the cases discussed above concerning exactly what müst be “dealt with” by a Chaptér 11 plan under section 1141(c). The Penrod court suggests that the he... |
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the privilege [against self-incrimination] and the legitimate demands of government to compel citizens to testify.' It is through immunity statutes supplanting the privil... |
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the Board found to be- — • (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privil... |
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as the “stigma or disability” test, “a protectable liberty interest is implicated if the government alters the employee’s status and such a change ‘foreclose^] his freedo... |
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apparent lack of candor it reflects. 21 . Indeed, even Judge Smith is forced to examine the strength of the federal interest here in explaining why abstention was proper.... |
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Court upheld the trial court’s decision to refrain from delivering the instruction requested by the defendant and to utilize the pattern jury instructions concerning the ... |
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Act, 29 U.S.C. § 794, and the Court looks to the statute for jurisdiction over Kinneary’s claim. Ridge contends that the Rehabilitation Act does not provide for a private... |
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ordered the sentences to run consecutively. Appellant raises two issues on appeal, only one of which merits discussion. Appellant contends that the trial court erred in e... |
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Rolm from selling those parts to an ISO, and (4) Rolm forbid Rolm Resale from selling parts to an ISO. As for forbidding customers from reselling ordered parts, ISO II ex... |
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by guards concerning the security status of prisoners are not statements designed to elicit an incriminating response. Id. Compton’s question was reasonable and relevant ... |
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464 So.2d 1189, 1191 (Fla.1985), the subordinate factors in complex areas such as taxation should be left to the appropriate agency having expertise and flexibility. Othe... |
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Twin City merely asserts that “Sun’s proposed lower level depositions will reveal what Twin City already knows — Sun’s executives played an integral and unique role in th... |
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which concerns use of rights-of-way for utilities, allows a municipality to impose an occupancy fee on the use of its rights-of-way. Reasoning that the legislature had no... |
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brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R.App. ... |
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date of injury, employees who continue to be exposed to hazardous occupational noise are not obligated to give notice prior to filing a claim petition, while employees wh... |
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the stop under the reasonableness standard. Whren v. United States, 517 U.S. 806, 810, 116 S.Ct. 1769, 1772, 135 L.Ed.2d 89 (1996). Under Terry v. Ohio, the determination... |
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445 (2007). Even assuming the District Court erred procedurally when it applied the downward departure to the 262- to 327-month range instead of to the statutory maximum,... |
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officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant a finding that a breac... |
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events of the distant past. Barker, 407 U.S. at 532 (“Loss of memory, however, is not always reflected in the record because what has been forgotten can rarely be shown”)... |
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of the suit clearly manifest the proper alignment of the dispute”). 20 . Put another way, the requisite antagonism between the stockholder and the management of a corpora... |
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even date, this Court grants the Plaintiffs Motion for Summary Judgment. 1 . 11 U.S.C. § 523(a)(6) reads in relevant part: "(a) A discharge under section 727 ... of this ... |
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whether a claimant’s injury arose out of employment). An injury that occurs after the employment relationship ends, however, is generally not compensable under the NUA. S... |
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the Legislature when that intent is clear. State v. D.A., supra, 191 N.J. at 164, 923 A.2d 217. By holding that Chapter 91’s appeal-preclusion provision does not apply to... |
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that it could not be held liable in negligence because plaintiff was seeking solely economic damages. Defendant argued that the Moorman doctrine, as articulated in Moorma... |
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and parliament of England in lands under tide waters, and that the owner of land bounded by a navigable river within the ebb and flow of the tide had no private title or ... |
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courts applying Johnson provide some direction. For instance, the United States Court of Appeals for the Sixth Cireuit held that an officer's single question about the po... |
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and remanded for resentencing on his remaining convictions. See United States v. Argento, No. 95-50337, 1996 WL 471358 (9th Cir. Aug. 19, 1996) (unpublished memorandum di... |
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Association.... ” (Doc. 18-12 at 20.) The AAA rules provide that “[pjarties to an arbitration under these rules shall be deemed to have consented that judgment upon the a... |
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Solanki does not challenge this aspect of the IJ’s ruling; therefore, we do not address it. 5 . Because we will deny the petition on other grounds, we assume without deci... |
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findings of fact are supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704. 7 . Burley was awarded WC benefits pursuant to sect... |
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See Bowden v. State, 588 So.2d 225, 228 (Fla.1991) (stating that “pattern of striking black venire members need not be demonstrated before a trial court’s duty to conduct... |
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decisionmakers from treating differently persons who are in all relevant respects alike.’ ”) (emphasis added) (quoting Nordlinger v. Hahn, 505 U.S. 1, 10, 112 S.Ct. 2326,... |
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addition, the City’s zoning ordinance does not affect existing adult use establishments, as Plaintiffs current business is not considered an adult use and Le Sex Shoppe, ... |
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