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0 | 404,998 | 2 | 5 | 51 The Insurance Company raises several allegations of error in the trial court's evidentiary rulings 27 and jury instructions. We have reviewed those claims, and, in light of our prior rulings, conclude that any error committed must be deemed harmless. 52 | Insurance Company's Assertions of Trial Error. |
1 | 173,333 | 1 | 7 | Petitioners also argue that the FEIS, in addressing the effects of the past mining operations, erroneously treated the airborne radiation already being emitted from the debris as naturally occurring rather than as man-made background radiation. Even if it did so, the FEIS still adequately considered the cumulative impa... | Whether the NRC erred in characterizing the airborne radiation emitted from the prior conventional mining operation as background radiation |
2 | 204,752 | 2 | 2 | The Park District challenges the judgment against it for breach of contract even though damages were assessed at a nominal $1. The district court held that Commissioner Burroughs's casual remarkYou're still there, aren't you? That's all you need to do.created an implied-in-fact contract requiring the Park District to... | The Park District's Cross-Appeal on the Contract Claim |
3 | 792,413 | 3 | 2 | 50 In Valenti, 987 F.2d at 715, this Circuit held that a dual-docketing system, or sealed docket, in the Middle District of Florida violated the press and public's First Amendment right of access to criminal proceedings, and declared it facially unconstitutional. In striking down that system, we recognized that public ... | Constitutionality of Secret Docketing Procedures in Ochoa-Vasquez |
4 | 150,472 | 3 | 1 | First, the CFRA prohibits state contractors and lobbyists from making campaign contributions to candidates for state office. See Conn. Gen.Stat. §§ 9-610(g), 9-612(g)(2)(A)-(B). The CFRA's ban on contractor contributions applies to any person, business entity or nonprofit organization that enters into a state contract.... | Contribution Bans |
5 | 4,541,110 | 3 | 1 | cation, the pumping system receiving information from a user, the pumping system comprising: a pump; a motor coupled to the pump; a control system operating as a master controller, the control system including an automation sys- tem, the control system including a remote Case: 19-1821 Document: 55 Page: 3 Filed: 06/12/... | A pumping system for at least one aquatic appli- |
6 | 3,185,495 | 1 | 3 | Lareka Laws challenges the district court’s denial of her motion for a judgment of acquittal. She asserts that the government’s evidence was insufficient to establish who in fact owned the real estate identified on the tax returns, or that the properties could not properly qualify for the homebuyer tax credit. She also... | Lareka Laws |
7 | 476,864 | 1 | 3 | 14 Because of the deafening congressional silence regarding retrospective application, this interpretive conflict is controlled by the characterizations attributed to the CMPL. It appears that Congress generally intended the CMPL to be a procedural, civil alternative to ameliorate the pattern of underenforcement of cri... | Unreasonable Characterization of the CMPL for Retroactivity Purposes |
8 | 318,311 | 1 | 2 | 6 The issue before this court is limited to the question whether the CCC, a government agency, can obtain damages for an unperformed oral contract for carriage. We believe that both the relevant statutes and regulations require that government contracts such as the charter agreement here be written in order to be enfor... | the enforceability of the oral contract by the government |
9 | 2,996,064 | 2 | 1 | Barlow first argues that the district court erred in denying his motion for discovery because he produced sufficient evidence to warrant further investigation of his claim that the DEA agents had engaged in racial profiling. We review the denial of a motion for discovery in a criminal case for abuse of discretion. Unit... | Selective Enforcement Claim |
10 | 422,278 | 1 | 4 | 44 The district court denied Saturn's request for prejudgment interest observing that prejudgment interest under 35 U.S.C. § 284 (1976) was to be awarded in the discretion of the court and that the general rule was that interest should be awarded from the date damages are determined. We need not determine whether the d... | Saturn's Appeal |
11 | 217,410 | 3 | 2 | Moore claims he was discharged in violation of Title VII because Vital was motivated by racial and sexual discrimination in discharging him. The district court correctly held that Moore could not bring these claims because he had not included them in his EEOC charge. Generally, a plaintiff may not bring claims under Ti... | Title VII Discriminatory Discharge Claims |
12 | 1,251,515 | 3 | 2 | Although the district court acknowledged that the record does not reflect the underlying facts and circumstances on which the DSS's determination was based, it found that this deficiency in the record was largely due to Nyari's failure to appear at the DSS hearing in 1989. The court construed Nyari's failure to pursue ... | Nyari's Failure To Appear at the Social Services Hearing |
13 | 815,532 | 3 | 1 | The district court excluded all of Mr. Arms’s testimony on the ground that his ignition theory did not satisfy the minimum indicia of reliability required by Daubert. We agree with the district court’s holding with regards to Mr. Arms’s testimony about the ignition sequence that started the fire. However, our inquiry 6... | Testimony of Mr. Arms |
14 | 536,108 | 3 | 5 | 23 Id. See Folks v. Secretary of Health & Human Servs., 825 F.2d 1259, 1261 (8th Cir.1987). In the present case, the ALJ failed to consider these factors in analyzing appellant's claim. 24 The ALJ suggests that appellant's complaints were disregarded because appellant failed to establish a physical impairment. The ALJ ... | functional restrictions. |
15 | 484,327 | 2 | 2 | 17 Despite the fact that [t]he Feres doctrine cannot be reduced to a few bright-line rules and that each case must be examined in light of the [Federal Tort Claims Act] as it has been construed, Shearer, 105 S.Ct. at 3043, this circuit has adopted a three-part test for determining whether the activity of a serviceman i... | Incident to Service |
16 | 718,690 | 2 | 1 | 29 Section 406(a) states in relevant part that: 30 [W]here the person named in the copyright notice on copies ... publicly distributed by authority of the copyright owner is not the owner of the copyright, ... any person who innocently begins an undertaking that infringes the copyright has a complete defense to any act... | Reliance on an Authorized Copy |
17 | 765,768 | 4 | 1 | 23 The crux of Hollister's claim is that the shirt that she wore was defective because it was constructed of a fabric that was too highly flammable to be safe. In other words, Hollister argues that the dangerousness of the shirt is attributable to the intentional design decisions of the manufacturer. See Prentis v. Yal... | The elements of a design-defect case under Michigan law |
18 | 3,219,057 | 2 | 3 | The IRS produced the relevant portions of Agent Sharma’s activity record, a document similar to a time sheet, with a single entry on one page redacted. The IRS explained that the deleted entry reflected that Agent Sharma “communicated with the IRS Office of Chief Counsel with respect to a specific issue in the examinat... | The Activity Record |
19 | 3,064,166 | 1 | 2 | On appeal, Dell argues that the district court erred by failing to “both determine the scope of [his] criminal activity . . . and to specify the amount of crack cocaine attributable to . . . Dell in the entire case.” Dell argues that the evidence indicates that the “scope” of his criminal activity was limited to the dr... | Dell |
20 | 2,770,245 | 3 | 2 | puted Although a court would not necessarily be required to reach the patent law issues that underlie the causes of action alleged by NeuroRepair, at least one patent law issue is actually disputed by the parties. NeuroRepair claims Defendants’ wrongdoing hindered its ability to timely obtain patents of the same scope ... | At least one patent law issue is actually dis- |
21 | 377,034 | 1 | 2 | 13 Thiokol argues that the district court was without authority to determine whether Harper had substantially complied with the collective bargaining agreement since this is a claim to be evaluated by an arbitrator. Thiokol contends, and the district court agreed, that Harper had not made a timely request for an extens... | Substantial Compliance with the Collective Bargaining Agreement |
22 | 198,532 | 2 | 2 | 31 I.V. Services argues alternatively that equitable tolling is required because IDM or Reliastar allegedly refused repeated requests to forward a copy of the Plan, thereby concealing its terms. This argument need not detain us long. The magistrate found that what the record shows, however, is that [I.V. Services] made... | Did IDM or Reliastar Conceal the Terms of the Plan? |
23 | 2,966,594 | 5 | 3 | borrower or any of their employees, while moving property to or from a covered auto. 3. Anyone liable for the conduct of an insured described above is an insured but only to the extent of that liability. However, the owner or anyone else from whom you hire or borrow a covered auto is an insured only if that auto is a t... | Anyone other than your employees, a lessee or |
24 | 18,498 | 2 | 3 | 20 Village seeks a declaratory judgment stating that HUD acted arbitrarily and capriciously by (1) refusing to consider Village's rent increase request; (2) declaring Village in default and subsequently foreclosing on Mockingbird because Village failed to adequately maintain the property; and (3) refusing to review its... | Village's Request for a Declaratory Judgment |
25 | 415,604 | 3 | 2 | 16 The district court admitted Smith's armed robbery conviction because, as for Lipscomb's conviction, the desperate person who would commit an armed robbery would also lie under oath. 16 The court did not expressly explain why Little's robbery conviction or Green's accessory after the fact to manslaughter conviction w... | Smith, Green, and Little |
26 | 2,979,166 | 5 | 1 | Montgomery’s complete argument concerning probable cause for the search warrant issued for 1117 Plum Run Road is contained in one short paragraph of his appellate brief: . . . concerning the 1117 Plum Run Road address, the warrant itself provided for the search of 1197 Plum Run Road. Three of the first four houses on P... | 1117 Plum Run Road |
27 | 2,655,125 | 2 | 3 | Amzak also appeals the district court’s grant of summary judgment in favor of Appellees on its negligence claim. Under Louisiana law, to succeed on a negligence claim, a plaintiff must prove: (1) the had a duty to conform his or her conduct to a specific standard of care (the duty element); (2) the defendant failed to ... | Amzak’s Negligence Claim |
28 | 557,349 | 2 | 1 | 15 motion to sever. 16 Defendants-appellants (collectively Mason County) argue that the district court erred in denying their motion to sever. This argument is based on two theories. First, they contend that the requirements for permissive joinder were not met. Second, they maintain that even if the requirements for pe... | Whether the district court erred in denying defendants' |
29 | 751,894 | 1 | 12 | 89 The district court sentenced Sehorn to a 20-year mandatory sentence on Count Two, which charged aiding and abetting a firearms crime under 18 U.S.C. § 924(c). This statute provides that [i]n the case of his second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for twen... | Was Sehorn properly sentenced? |
30 | 3,066,758 | 3 | 2 | Plaintiffs allege that the Program has resulted in “a series of reports documenting in detail the information obtained from [the NYPD’s] surveillance of New Jersey Muslim communities.” Id. ¶ 5. These “includ[e] a report focusing on the Muslim community in Newark” (the “Newark report”), id.; “more than twenty precinct-l... | Reports and Informational Databases |
31 | 3,065,770 | 3 | 1 | At a status conference, Veterans sought to compel discovery of suicide incident briefs — reports prepared by the VA following the suicide or attempted suicide of a veteran under VA care. The VA represented that there are 15,000 suicide incident briefs that would be subject to extensive redaction and argued that the red... | Suicide Incident Briefs |
32 | 2,979,541 | 4 | 1 | Defendants first argue that guaranty section 5(b)(i), supra, which states that a guarantor’s obligations are not affected in the event of a bankruptcy, is ambiguous or conflicts with other provisions. Defendants say that the section is ambiguous because it could be interpreted to mean that defendants, as guarantors, ha... | Guaranty Ambiguity |
33 | 39,521 | 2 | 1 | 54 We have no authority to grant habeas corpus relief simply because we conclude, in our independent judgment, that a state supreme court's application of [federal law] is erroneous or incorrect. Martinez v. Dretke, 404 F.3d 878, 884 (5th Cir.2005) (quoting Neal v. Puckett, 286 F.3d 230, 236 (5th Cir.2002) (en banc)). ... | The AEDPA Standard of Review |
34 | 511,547 | 4 | 3 | 67 Did Hall and the Board fall into that narrow band of fragile relationships requiring for job security loyalty at the expense of unfettered speech? Gonzalez I, 712 F.2d at 150. The district court rightly concluded that they did, and therefore that the government's interest in the effective functioning of its enterpri... | Application to Present Case |
35 | 153,893 | 2 | 1 | Meyers contends that the district court erred in failing to balance his interests in his religion with governmental interests as required by the First Amendment and the RFRA; in refusing to recognize his interpretation of his own religion; and in refusing to give his beliefs the status of religion.
Meyers asserts that ... | Religious Freedom Defense |
36 | 776,467 | 2 | 2 | 12 Trompeter was a nationally-recognized collector of rare coins. Trompeter also had other valuable collections including art, artifacts, firearms, gems, jewelry, and music recordings. There is considerable dispute, and much ambiguity in the record, about the exact nature and valuation of those holdings, but the Estate... | Omitted Assets |
37 | 2,968,817 | 3 | 3 | Parks also says that she complained about a teleconference presentation by Dr. Kaplan to Coventry Health Care in February of 2006. Part of the presentation was meant to promote Kadian as being less prone to diversion (i.e., less prone to be diverted to the black market) than other opioid drugs. J.A. 262. Notably, Parks... | coventry presentation |
38 | 3,011,431 | 2 | 4 | The plaintiffs further contend that since they have sought class certification, see supra note 1, they should be treated as a class pending the court's determination on that issue. Some courts have uncritically treated a group as a collective when a would-be class has petitioned for certification. See, e.g., Hinckley v... | Class Certification Issues |
39 | 172,648 | 2 | 2 | We begin by detailing the history of the statute and regulations at issue in this case. The McCarran-Walter Act of 1952 established the structure of current immigration laws, Pub.L. No. 82-414, 66 Stat. 163 (March 27, 1952) (codified at 8 U.S.C. §§ 1101-1537 (1952)). As part of an amendment of the immigration laws in 1... | Background of Immigration Laws |
40 | 74,940 | 3 | 2 | The doctrine of dual or double criminality is distinct from the doctrine of specialty.24 While specialty focuses on the conduct prosecuted, [d]ouble criminality refers to the characterization of the relator's criminal conduct insofar as it constitutes an offense under the law of the respective states .... no state shal... | Dual or Double Criminality |
41 | 485,224 | 2 | 3 | 37 The IBEW's final argument is that on remand it proffered a sufficient showing of harm to defeat plaintiff's motion for summary judgment. We disagree. The District Court was correct in concluding that the IBEW failed to raise a genuine issue of material fact because the harm asserted by the IBEW in its submissions wa... | The IBEW's Assertion of Harm |
42 | 2,754,954 | 2 | 1 | New York, NY, and Washington, DC. For Appellants Morgan Stanley Capital Group, Inc. and Shell Oil Company: Anthony M. Mansfield and Joshua L. Shapiro, Cadwalader, Wickersham & Taft LLP, New York, NY, and Washington, DC. For Plaintiff-Appellee U.S. Commodity Futures Trading Commission: MELISSA CHIANG (Jonathan L. Marcus... | White, on the brief), Vinson & Elkins LLP, |
43 | 771,716 | 1 | 3 | 20 We measure federal trademark infringement, 15 U.S.C. S 1114, and federal unfair competition, 15 U.S.C. S 1125(a)(1)(A), by identical standards. See A&H III, 166 F.3d at 202. 5 To prove either form of Lanham Act violation, a plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns ... | The Direct Confusion Claim |
44 | 1,449,914 | 2 | 4 | On cross-appeal, Independent Living challenges the district court's August 27, 2008 order modifying its August 18, 2008 order granting Independent Living's motion for a preliminary injunction. Independent Living principally argues that, in modifying the earlier order to eliminate its retroactive effect, the district co... | Sovereign Immunity and the Order Modifying the Injunction |
45 | 768,355 | 2 | 2 | 13 The ADA prohibits employer discrimination against an employee on the basis of a disability. 42 U.S.C. sec. 12112(a). However, to make a prima facie case for discrimination, Sinkler must demonstrate that her condition qualifies as a disability within the meaning of the ADA. See Feldman, 196 F.3d at 789. The statute d... | Sinkler's Disability |
46 | 393,163 | 2 | 1 | 22 The district court determined that standing in this case depended on satisfaction of four criteria and that plaintiffs satisfied none of them. First, the court said, plaintiffs asserted no distinct, palpable, and concrete injury. 480 F.Supp. at 793. Nor could plaintiffs establish such an injury, according to the dis... | The District Court's Position |
47 | 5,666 | 2 | 1 | The State asserts that the interest accrued on its tax revenues does not constitute property belonging to Copeland's estate, and that both 11 U.S.C. § 541(d) and the relevant cases under the Bankruptcy Code fully support the entitlement of a trust beneficiary to recover interest on its trust funds pursuant to applicabl... | The Interest Actually Earned |
48 | 76,798 | 3 | 1 | 9 When the Trade Port office reopened on September 8, 1999, Higdon arrived to a line for commercial processors that stretched outside the front door. After waiting in line for approximately three and one-half hours, Higdon's left leg swelled and hurt. She waited about fifteen more minutes and then asked Mary McMichael,... | Higdon's Request for an Accommodation for Her Alleged Disability |
49 | 431,955 | 2 | 1 | 12 Title 8 U.S.C.A. Sec. 1451(a) provides two methods for revocation of an individual's citizenship: (1) If the individual illegally procured his citizenship, or (2) if citizenship were procured by concealment of a material fact or wilful misrepresentation. 13
14 Citizenship is illegally procured if some statutory requ... | The Trial Court's Revocation of Koziy's Citizenship Pursuant to 8 U.S.C.A. Sec. 1451(a). |
50 | 549,775 | 3 | 2 | Federal Election Commission 27 Counts 2 and 3 of the indictment charged that the defendants violated, or caused to be violated, 18 U.S.C. Sec. 1001, which prohibits the knowing or willfull concealment of material facts from an agency of the United States. Robert and Morten Hopkins were both convicted on these counts fo... | Causing the Concealment of a Material Fact from the |
51 | 796,044 | 3 | 2 | 25 Because there was no violation of the Speedy Trial Act, 18 U.S.C. § 3161 et seq., in this case, Sandles is not entitled to have the indictment against him dismissed. See United States v. Robinson, 389 F.3d 582, 586 (6th Cir.2004). It appears that Sandles' argument is premised on the fact that, according to him, the ... | Alleged Speedy Trial Act Violation |
52 | 793,355 | 2 | 3 | 58 We review for abuse of discretion determinations of issues and claims to be retried following the grant of a new trial. Vizzini, 569 F.2d at 760. Under Federal Rule of Civil Procedure 59(a), a partial new trial is appropriate if the issue being retried is so distinct and separable from the others that a trial of it ... | Denial of Retrial of Armstrong's FLSA Claim |
53 | 556,612 | 2 | 2 | 44 Scott and Switzer argue that even assuming that Vasbinder established that they unlawfully retaliated against him for exercising his First Amendment rights, they are protected by the doctrine of qualified immunity. That doctrine shields state officials from liability for damages if their actions did not violate clea... | The Rejection of the Qualified Immunity Defense |
54 | 164,970 | 3 | 2 | 69 In Gaylor, we stated that Oklahoma's bad faith law does not regulate the spreading of policyholder risk. 112 F.3d at 466. Our analysis continued: 70 A law which defines the manner in which insurance claims should be processed declares only that, whatever terms have been agreed upon in the insurance contract, a breac... | Substantially Affects the Risk Pooling Arrangement |
55 | 767,338 | 2 | 3 | 21 At the hearing, Sgt. Edwards' October 5, 1995 misbehavior report was read into the record and Cerio heard the testimony of Edwards and Ameigh, supporting each of the charges against Kalwasinski. Cerio also played Coleman's taped testimony, which did not contradict any material evidence presented by the officers. We ... | Statement of Evidence and Reasons for the Disposition |
56 | 786,761 | 3 | 2 | 30 The United States also moves to dismiss the RFRA claims for failure to state a claim, contending that we may exercise pendent party jurisdiction over its appeal because the issues raised in its appeal are coterminous with those raised by the INS officials' qualified immunity appeal. As will appear, however, our dism... | United States |
57 | 59,493 | 3 | 6 | Captain D's argues that the district court gave two erroneous instructions and an erroneous verdict form to the jury. However, Captain D's fails to designate, and we cannot find, any clear or distinct objection to these instructions and verdict form in the record. [44] Thus, we review these claims for plain error only.... | Jury instructions and verdict forms |
58 | 201,292 | 4 | 2 | Because narrow tailoring dictates that the government use race only when necessary to achieve a compelling interest, it requires serious, good-faith consideration of workable raceneutral alternatives that will achieve the diversity [the government actor] seeks. Grutter, 539 U.S. at 339; see also Wygant, 476 U.S. at 280... | Consideration of race-neutral alternatives |
59 | 4,529,168 | 2 | 2 | When the regulators learned of Klopp’s actions, they moved to hold him in contempt. The district court held a contempt hearing in August 2017. At the hearing, regulators presented documentary evidence to support their assertions that Klopp had violated the order. Klopp took the stand in defense and made several admissi... | The 2017 civil contempt hearing |
60 | 711,057 | 2 | 2 | 31 Marbella argues the district court erred by excluding Ragasa's proposed testimony that Liguya Doan 2 told him the agents were gangsters. Marbella sought to introduce this statement to prove Ragasa paid the agents the referral fees because he was afraid of them. The district court excluded the statement because the c... | Exclusion of Ragasa's Testimony |
61 | 1,362,827 | 2 | 1 | Under the Criminal Justice Act, 18 U.S.C. § 3006A(e)(1), [c]ounsel for a person who is financially unable to obtain . . . expert . . . services necessary for adequate representation may request them. After conducting an inquiry in an ex parte proceeding, if the court finds that the services are necessary and that the p... | Did the District Court Err in Denying Chase's Request for a Forensic Expert? |
62 | 425,151 | 1 | 4 | 23 Finally, we also affirm the district court's calculation of the deficit. Our comparison of the court's findings with the record does not leave us with the 'definite and firm conviction that a mistake has been committed.' See Sports Form, Inc. v. United Press International, Inc., 686 F.2d 750, 752 (9th Cir.1982) (q... | the deficit |
63 | 494,478 | 2 | 1 | 15 Defendants argue that the district court erred by permitting the prosecution to elicit testimony from seven of its witnesses concerning their prior convictions and guilty pleas for the purpose of exposing defendants to the impermissible inference of guilt by association. Rule 103 of the Federal Rules of Evidence req... | Prior Convictions and Guilty Pleas |
64 | 147,419 | 2 | 2 | Nattah brings a number of claims against L-3. The district court granted L-3's motion to dismiss all of them. Nattah, 541 F.Supp.2d at 233. We review the district court's dismissal for failure to state a claim de novo. See Muir v. Navy Fed. Credit Union, 529 F.3d 1100, 1108 (D.C.Cir.2008). Addressing only the claims Na... | Nattah's breach of contract claim against L-3 |
65 | 3,015,863 | 2 | 1 | In July 1999, Construction Drilling commenced an action in the District Court of New Jersey (“the New Jersey Court”) against members of the Chusid family, including Boris Chusid, and companies owned by the family (“the New Jersey Action”). The basis of the complaint is that the Chusid family used sham corporations in o... | The New Jersey Action |
66 | 691,321 | 1 | 8 | 83 Linan-Faye's final contention is that HACC is precluded from refusing to pay compensation by reason of principles of equitable and judicial estoppel. Linan-Faye argues that HACC could have terminated for convenience in 1988 but that it did not, and it breached a duty of fairness by waiting two years before deciding ... | estoppel claims |
67 | 53,858 | 1 | 4 | We review district court rulings on the admission of expert testimony for abuse of discretion. Moore v. Ashland Chemical, Inc., 151 F.3d 269, 274 (5th Cir.1998)(en banc). 1) Expert witness for the Wrights The district judge excluded certain testimony from the Wrights' primary expert witness, Dr. Geoffrey Mahon, who was... | Expert Testimony Rulings |
68 | 726,578 | 1 | 6 | 47 Appellees seek dismissal of this appeal due to lack of jurisdiction, asserting that there is no case or controversy within the meaning of Article III, § 2, of the United States Constitution. This argument was neither raised before nor addressed by the District Court, but was noted in the City's answer to Appellants'... | appellees' first motion to dismiss: ripeness and standing |
69 | 366,056 | 1 | 2 | 6 The district court indicated that it denied the November 3, 1978, motion primarily because the issue of the effect of the double jeopardy clause upon further prosecution of Ajimura had already been fully litigated. 1 Although the notice of appeal was filed immediately after this order, the parties dispute the subject... | Subject Matter of the Instant Appeal |
70 | 161,511 | 3 | 1 | 14 The first question we must address is whether the initial seizure of the vehicle was supported by probable cause. The government bears the burden of proof to justify warrantless searches and seizures. See United States v. Maestas, 2 F.3d 1485, 1491 (10th Cir. 1993). The standard of proof imposed upon the party who c... | The initial traffic stop was supported by probable cause |
71 | 2,982,994 | 2 | 5 | “A constitutional challenge to a sentence is a question of law and reviewed de novo.” United States v. Jones, 569 F.3d 569, 573 (6th Cir. 2009). Richardson raises a number of constitutional challenges to his 1,494 month sentence, which is comprised largely by his consecutive mandatory sentences under 18 U.S.C. § 924(c)... | Constitutionality of Richardson’s Sentence |
72 | 787,516 | 2 | 2 | 124 Shortly after Apprendi was decided, we held that it did not affect the sentencing guidelines. See United States v. Kinter, 235 F.3d 192, 198-202 (4th Cir. 2000). While we acknowledged that the argument for applying Apprendi to the guidelines was not without support, id. at 200, we ultimately concluded that the clai... | Application of Blakely to the Guidelines |
73 | 56,307 | 1 | 1 | Starship operates retail stores that sell books, magazines, apparel, gifts, and novelties. Some of its inventory is sexually explicit. Starship planned to open a new store in Fulton County that contained less than 25% sexually explicit materials. Starship expressly wanted a store with less than 25% sexually explicit me... | starship’s retail store |
74 | 2,998,787 | 2 | 3 | As to Perrey, Thompson Distribution claims it fired her because she was insubordinate and unwilling to recognize Thompson as the new leader. In his deposition, Thompson stated that when he asked Perrey to perform certain functions, she responded along the lines of “we don’t do it that way,” or stated that she had to ch... | Anna Perrey |
75 | 4,843,446 | 3 | 2 | 12 USCA11 Case: 19-13018 Date Filed: 08/23/2021 Page: 13 of 65 In July 2012, Special Agent John Bates was assigned to lead the IRS criminal investigation of Investment Equity. Bates interviewed Jeune, and she admitted to preparing fifty tax returns at Investment Equity while she was on supervised release for her 2009 t... | 2012 IRS Criminal Investigation |
76 | 601,465 | 2 | 2 | 15 Walker's second claim, that the district court erred in excluding a prior consistent statement (his police report filed shortly after the incident), is considerably more persuasive. To explain why, we must provide additional background. At trial, Walker testified that his use of force was prompted by Gaines' attempt... | Admission of Prior Consistent Statement |
77 | 185,451 | 3 | 1 | 15 NCRI launches a two-pronged attack on the Secretary's designation of it as an alias for the PMOI. Its first argument is a three-step analysis forwarding the proposition that the Secretary's alias designation of NCRI has no support in the record. Brief of NCRI at 6. The first step of its reasoning is the generally un... | Record Support |
78 | 198,181 | 4 | 3 | Enforcement of the Act 78 The effect that reprosecution would have on the administration of justice and enforcement of the Speedy Trial Act likewise does not call for barring reprosecution. To be sure, the orderly administration of justice necessarily is hindered to some degree whenever the Act is violated. Nevertheles... | Effect of Reprosecution on Administration of Justice and |
79 | 2,530,632 | 1 | 10 | Even assuming, arguendo, that the first sentence of the Description section constitutes a promise to recover the amount AT & T must pay to the USF, the majority's interpretation of the CSA and CSG is still flawed. In particular, the majority's decision conflicts with basic principles of contractual interpretation becau... | Basic Principles of Contractual Interpretation |
80 | 3,013,806 | 2 | 1 | purpose of executing an arrest warrant, and Agnew first argues that the District this finding has not been challenged. Court erred in finding that the officers’ Indeed, Duncan testified that he was entry into 2740 Ludwig Street was assigned to the Fugitive Task Force justified by exigent circumstances. We charged with ... | the officers entered the residence for the |
81 | 703,481 | 2 | 2 | 5 As part of the sentence, the district court ordered O'Connor to pay $66,000.00, jointly and severally with codefendant Jeff Waldecker, at such times and in such amounts as directed by the probation officer. The probation office directed O'Connor to participate in the Bureau of Prisons Inmate Financial Responsibility ... | Inmate Financial Responsibility Program |
82 | 606,694 | 3 | 1 | 30 The district court found that the circumstances surrounding the failure of the 3-cm radar were most consistent with water incursion in the waveguide and scanner areas. This finding is amply supported by the evidence. First, a white dot appeared upon the screen just before the unit failed. This symptom suggests that ... | Water Incursion |
83 | 197,341 | 4 | 1 | The Appellees contend that the Partnership, rather than PIN in its individual capacity, represents the applicable entity in this case. This argument is unavailing. PIN's Lieutenant Governor signed both Settlement Agreements as PIN's personal representative, not as the Partnership's Limited Partner. John Palmer, the Par... | Agreement with an Indian Tribe |
84 | 735,703 | 2 | 6 | 30 Rigsby was employed during Gillem's administration as a senior citizens' aide but was not recommended for rehiring by Meade. Rigsby testified that she put up posters, talked to people, and displayed bumper stickers and yard signs in support of Gillem. Rigsby further stated that she advised Meade of her support for G... | Juanita Rigsby |
85 | 745,343 | 1 | 1 | Lotteries in various forms have been a part of the American life since colonial times. Among the beneficiaries of early colonial lotteries were such notable institutions as Harvard and Yale Universities. However, until the early 1980's, States have traditionally been suspicious of lotteries believing them to be potenti... | history and background |
86 | 407,565 | 2 | 3 | 129 PATCO also objects to the conclusion of the FLRA that PATCO committed a separate unfair practice of condoning a strike by failing to take action to prevent or stop such activity, a violation of 5 U.S.C. § 7116(b)(7)(B) (Supp. IV 1980). 64 After finding that the evidence presented was sufficient to establish the pri... | Violation of Section 7116(b)(7)(B) |
87 | 70,764 | 2 | 4 | 70 White argues that, even if this court holds that the option to put is not a valid defense to payment of the promissory note, he is not obligated on the note because the assignment of the note was improper. Specifically, he contends that: 71 He executed the promissory notes in favor of Amberwood as part of the purcha... | Propriety of the Assignments |
88 | 677,086 | 1 | 4 | 60 The district court gave Griffin leave to file a fourth amended petition in which he alleged that the St. Louis police officers violated his due process rights by engaging in suggestive misconduct during a pretrial photo identification procedure in which Robert Fitzgerald positively identified the petitioner. Griffin... | fourth amended petition |
89 | 2,792,853 | 4 | 1 | The district court concluded that the asserted claims of the ’095 and ’131 patents, which recite that the knob and ferrule are slidably and rotatably “attached,” require that the knob be directly connected to the ferrule. The district court did not rely on extrinsic evidence in construing the claims. ’095 and ’131 Orde... | Construction of “Attached” |
90 | 4,390,527 | 2 | 4 | Gonzalez Ruano and Catalina immediately packed suitcases and fled with their two sons early the next morning. They sought help from Gonzalez Ruano’s sister in a nearby city. On the way to her house, the family noticed a truck was following them, but Gonzalez Ruano was able to evade the truck by abruptly leaving the hig... | Flight from Mexico to Seek Asylum |
91 | 1,191,667 | 1 | 9 | Hinkson contends the district court erred by failing to order a new trial sua sponte after the government's closing argument because the prosecutor, knowing that Swisher likely was not a combat veteran, argued to the jury that Swisher told Hinkson he was a combat veteran, and that is why Hinkson solicited Swisher to mu... | Error in Closing Argument |
92 | 75,967 | 3 | 1 | Not long after Alexander Graham Bell invented the telephone, government regulators sought to deal with the public policy issues inherent in a service that was both considered to be a natural monopoly (due to the economies of scale and network effects of local telephony) and essential for the day-to-day functioning of t... | Telephone Regulation |
93 | 453,009 | 4 | 1 | 49 Philip Weinstein and Wilhelmina Harich Weinstein argue that a purported telex in support of Count V (wire fraud) was improperly admitted because there was no evidence that the telex was actually transmitted. 50 Identification and admissibility of evidence is within the discretion of the trial court. Bury v. Marietta... | Telexes in support of wire fraud counts. |
94 | 795,611 | 2 | 2 | 21 As mentioned above, Gunter relies on Booker for his argument that the District Court had discretion to consider and impose a sentence below the range set in the Guidelines for crack offenses. That decision is described in various opinions of our Court, see, e.g., United States v. Cooper, 437 F.3d 324 (3d Cir.2006), ... | Legal Landscape Post-Booker: The Third Circuit |
95 | 3,050,323 | 5 | 1 | Fantasyland first contends that the County has no substantial governmental interest under Renton in preventing private sexual conduct within an enclosed booth. We disagree. [3] The conduct at issue is not private at all. It is occurring at a retail establishment. The “curtailing [of] public sexual criminal offenses” is... | Substantial interest unrelated to expression |
96 | 681,322 | 2 | 3 | 11 Grumman is a Rice customer which manufactures military and civilian aircraft for the Navy and other customers. When Grumman learned of the criminal charges against Rice, it impounded its entire inventory of Rice-supplied fasteners. Since then, it has allegedly been unable to sort potentially fraudulent Rice-supplied... | grumman |
97 | 346,989 | 1 | 1 | 8 We consider the propriety of the injunction first, because regardless of whether we affirm or reverse the district court's disposition of the merits of this petition, the injunction operates as a continuing restraint upon appellant's ability to press the claims raised in the petition. We assume arguendo that Hardwick... | res judicata and habeas corpus |
98 | 597,418 | 3 | 2 | The district court stated that: 161 Were CA's [trade secret] allegations premised on a theory of illegal acquisition of a trade secret, a charge that might have been alleged against Arney, who is not a defendant in this case, the preemption analysis might be different, for there seems to be no corresponding right guara... | Preemption in this Case |
99 | 2,997,339 | 3 | 2 | As noted earlier, the plain language of the policy provides that a person is “disabled” from her own occupation if she is unable to perform each of the material duties of the occupation that she regularly performed for her employer. R.115 at 227. Notably, Provident informed Ms. Houston that she was ineligible for disab... | Benefits Termination Decision |
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