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100 | 369,136 | 2 | 4 | 17 During direct examination Agent Keiser testified that when he visited the Barnes lot he searched inside a wrecked tractor cab, similar to the stolen White tractor, and discovered two unbroken seals. 2 The seals were registered to Jim Idino from Flash. Inendino argues that these seals should not have been admitted as... | Evidence Relating to Trailer Seals Found on Barnes' Premises |
101 | 183,473 | 1 | 5 | A district court’s denial of a motion as untimely is reviewed for an abuse of discretion. United States v. Snipes, 611 F.3d 855, 864 (11th Cir. 2010). The Federal Rules of Criminal Procedure provide that a district court may set a deadline for the filing of all pretrial motions and requests. Fed.R.Crim.P. 12(c). Any mo... | Denial of Motion for Disclosure of CI |
102 | 539,780 | 2 | 3 | 48 The BOCs and the DOJ also appeal from the district court's decision not to lift the restriction on information services under section II(D)(1), as that restriction is applied to the generation of information. 25 The district court found that there had been no significant, relevant change in market conditions justify... | Information Services |
103 | 411,108 | 2 | 4 | 29 Plaintiffs suggest that we may infer Congress' intent from its use of the term security in two contemporaneous statutes--the Securities Act of 1933 and the Securities Exchange Act of 1934. Both acts define security to include any note. 60 There is no reason, however, to assume that Congress intended that term to bea... | The Analogy to the Securities Laws |
104 | 620,897 | 1 | 4 | Prior to trial, the district court held that the Government could present certain other-acts evidence under Federal Rule of Evidence 404(b). This evidence included Romasanta's testimony about Garneata's practice of giving gift cards to City officials during the holiday season, Romasanta delivering a $200 gift card to R... | Background Pertaining to the 2005 Gift List |
105 | 727,292 | 4 | 3 | 50 Calhoon also makes a more general argument that claiming costs for Medicare reimbursement can never give rise to criminal liability so long as the costs claimed were actually incurred. He justifies this contention on the grounds (1) that because Medicare is a flexible and discretionary reimbursement system in which ... | Medicare as a Flexible, Discretionary System |
106 | 4,196,342 | 2 | 7 | We next ask whether Montanore attempted to forum shop by filing in federal court. Nakash v. Marciano, 882 F.2d 1411, 1417 (9th Cir. 1989). If Montanore “pursued suit in a new forum after facing setbacks in the original proceeding,” this factor may weigh in favor of a stay. Seneca Ins. Co., 862 F.3d at 846. In Nakash, f... | The desire to avoid forum shopping. |
107 | 2,733,037 | 2 | 3 | Decedent died testate in February 2006. His will was probated in Harris County, Texas, and his three children qualified as co-executors. 4 The Decedent’s Estate Tax Return, Form 706, was filed the following May, 4 Decedent’s son, who was one of the three co-executors, died unexpectedly in June 2010, after which his two... | Proceedings Prior to Tax Court Litigation |
108 | 147,419 | 2 | 3 | Two of Nattah's other claims against L-3 warrant brief discussion. First, although the district court granted L-3's motion to dismiss all claims, see Nattah, 541 F.Supp.2d at 233, the court did not expressly address Nattah's claim for intentional infliction of emotional distress (IIED) against L-3 (Count VIII). However... | Nattah's other claims against L-3 |
109 | 380,487 | 1 | 2 | 12 The Board claims the district court improperly found for MBM under the contract because, it argues, the express terms of the contract state that it normally expired on August 31 of each year unless renewed by the Board and the Board failed to renew on August 31, 1975. Therefore, the Board concludes, there was no con... | the expiration of the contract. |
110 | 506,328 | 2 | 1 | 10 As a matter of policy the Federal Circuit reviews procedural matters that are not unique to patent matters under the law of the particular regional circuit court where appeals from the district court would normally lie. Sun Studs, Inc. v. Applied Theory Associates, 772 F.2d 1557, 1566, 227 USPQ 81, 87 (Fed.Cir.1985)... | Choice of Law and Standard of Review |
111 | 1,231,316 | 2 | 2 | Because we reverse Rush-Richardson's conviction on count two based on Instruction 5, we need not address Rush-Richardson's arguments regarding the sufficiency of the evidence and downward adjustment. | Sufficiency of the Evidence and Downward Adjustment |
112 | 770,794 | 3 | 4 | 45 Although Rogers and Gertino were correctly deemed losing parties for attorneys' fees purposes under Hawai'i law, defendants waived their right to hold Rogers and Gertino liable by failing to file a motion for attorneys' fees after the December 20, 1995 entry of judgment. Under Fed. R. Civ. P. 54(d)(2)(B) and Haw. R.... | Defendants' Failure to Move for Attorneys' Fees After the First Entry of Judgment |
113 | 3,150,045 | 3 | 1 | CCNY is the flagship institution in the CUNY system. To identify and attract talented educators and scholars, the College hires them as assistant professors — a tenure‐track position subject to annual review and renewal. Every year, an executive committee in each of CCNY’s departments evaluates the assistant professors... | Chen’s Employment at CCNY |
114 | 381,263 | 2 | 2 | 57 Plaintiff alleges that she was terminated for asking legitimate questions about the possible discriminatory effects of the Exchange Policy. Stated this way it is clear that there is a thread of first amendment theory interwoven with plaintiff's fifth amendment claims. The thread is especially prominent when the caus... | Plaintiff's Possible First Amendment Claim |
115 | 166,006 | 2 | 1 | 6 Mr. Harris and the government disagreed at trial about Mr. Pearce's position in the truck and the location of Mr. Harris's gun when the shots were fired. According to the state, Mr. Pearce was asleep when Mr. Harris shot him from outside the vehicle. Expert witnesses testified for the state about the trajectory of th... | Trial court proceedings and description of the videos |
116 | 218,749 | 3 | 1 | Hill, Laudermill, and Farmer contend that their sentences are procedurally unreasonable because the district court applied a presumption in favor of the range of sentences recommended by the guidelines. They base their contention not just on comments at sentencing in this case in 2007 but also on the same judge's remar... | Alleged Mandatory Presumption in Favor of the Guidelines |
117 | 557,801 | 2 | 1 | 11 Obviously, counsel for appellant did not pay careful attention to the Federal Rules of Appellate Procedure and the rules of this court in several important respects. Rule 3(c) of the Federal Rules of Appellate Procedure designates the content of the Notice of Appeal, which shall specify the party or parties taking t... | Failure to Designate Underlying Order |
118 | 180,580 | 3 | 2 | Jakubowski claims the district court erred by concluding that he was not an otherwise qualified individual. The term `qualified individual' means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. 42 U.S.C. §... | Reasonable Accommodations and Otherwise Qualified Individuals |
119 | 292,226 | 1 | 1 | 4 Over explicit and repeated objections of the defendant Williams, the Government was permitted to prove by its expert witness Jeffrey his estimates of the net future earnings, as of January 1, 1967, of two producing oil and gas properties, the Irving properties and the Wilcrof properties, when the records upon which J... | The Admission of Jeffrey's Testimony. |
120 | 77,891 | 2 | 1 | Shuford presents three arguments to excuse her failure to file a proof of loss within one year. First, Shuford argues that the Administrator's waiver dispensed with the proof-of-loss requirement and converted the adjuster's report into a proof of loss, and Shuford contends that she was not required to file a proof of l... | Shuford's Complaint for Breach of Contract Fails. |
121 | 559,980 | 3 | 1 | 14 Sofarelli alleges that Pinellas County (through its employee, the Pinellas County Sheriff), the Pinellas County Sheriff, Hibbing, Swetay, and other participating members of Hibbing's community to whom we will refer as the neighbors, violated his civil rights under the Fair Housing Act, 42 U.S.C.A. Secs. 3604 and 361... | Claims Under the Fair Housing Act |
122 | 164,068 | 3 | 1 | 11 Cline argues first that the wiretaps on the phones at his business and his home and on Wright's home were obtained without an adequate showing of necessity. The district court denied his motion to suppress evidence obtained by means of those wiretaps, concluding that the government had adequately demonstrated necess... | Adequacy of Showing of Necessity |
123 | 200,135 | 2 | 1 | 25 In its brief, MSD asserts that [a] New Hampshire school district is not required by the [IDEA] to pay for the special education programming of a student whose parents did not and do not reside in either that district or the State of New Hampshire. MSD argues from this assumption that the IDEA dictates that financial... | Federal Law and Financial Liability |
124 | 76,825 | 2 | 2 | 5 At the time of the explosion, each crewmember's employment was governed by the terms of a standard employment contract executed by the crewmembers and representatives of NCL in the Philippines between August 2002 and March 2003. The Philippine government regulated the form and content of such employment contracts, as... | the crewmembers' employment agreements incorporate an arbitration provision |
125 | 757,739 | 3 | 1 | 8 Before the acquisition, four controlling persons, including Chachas, held nearly all of Curbstone's outstanding 3.5 million shares, which had been issued to them in 1996 pursuant to a Form S-8 employee benefit plan registration. Levy argues that the SEC did not present a prima facie case that the sale in December 199... | Registration of Securities |
126 | 1,456,517 | 3 | 2 | Rutti's off-the-clock activities may be divided between those that take place before he leaves home, i.e. his preliminary activities, and those that take place after he returns home, i.e. his postliminary activities.
Rutti's morning activities do not appear to be integral to his principal activities. Most of his activi... | Applying the applicable law to Rutti's off-the-clock activities |
127 | 1,042,115 | 4 | 1 | Guideline § 2G2.2, which applies to defendants convicted of child pornography crimes pursuant to 18 U.S.C. § 2252, provides for a five-level enhancement in offense level “[i]f the defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a minor.” U.S.S.G. § 2G2.2(b)(5). This Guideline at... | Pattern of Abuse Enhancement |
128 | 717,461 | 1 | 5 | 16 Under 23 U.S.C. § 135 (1994), states must prepare statewide transportation plans and improvement programs similar to those required of metropolitan planning organizations. The Agency's transportation regulations require that metropolitan planning organization's transportation plans and programs conform to the releva... | state transportation plans and programs |
129 | 812,345 | 2 | 1 | Next, Spence argues that his sentence was substantively unreasonable because the variance, achieved by running the four sentences consecutively, was extreme and not justified by sufficiently compelling reasons. He argues that, after the departures, his guideline range was 51 to 63 months. Thus, the 240-month total sent... | Degree of Variance |
130 | 729,914 | 2 | 1 | 4 As in the district court, Mork contends on appeal that Dietzen's claims against him are barred by claim preclusion (res judicata ). The three elements that are necessary to apply res judicata are: (1) a final judgment on the merits in an earlier action; (2) an identity of the cause of action in both the earlier and l... | Mork |
131 | 604,320 | 2 | 2 | 11 Bowen further claims that he is disabled due to pain, namely pain in his back and in his thighs. He equated the severity of the pain in his thighs either with being struck with a baseball bat or being hit with a strong electrical discharge from a 12 volt automobile battery. However, a claimant's subjective complaint... | Pain as Disability |
132 | 2,976,624 | 2 | 1 | Eckert does not contend that she did not receive the final claim denial letter or that she was unaware that Myers accepted the letter when it was delivered via certified mail. She argues that because she signed and submitted the administrative claim form, the Postal Service had a duty to send an individual notice to he... | Ellen Eckert’s Claim |
133 | 6,327,348 | 3 | 2 | In February 2018, Microsoft’s fraud investigation strike team (“FIST”) noticed a suspicious spike in Xbox Live UNITED STATES V. KVASHUK 7 subscriptions paid for with CSV. The FIST traced the CSV to tokens ordered through two test accounts: mstest_sfwe2eauto@outlook.com, which belonged to UST member Andre Chen, and mste... | Microsoft’s Investigation |
134 | 771,609 | 4 | 1 | 51 The trial court did not err in ruling that, under the applicable standard of review, the EIS contains a reasonable discussion of mitigation. The EIS contains a thorough discussion of the potential adverse environmental effects of the Project. The Forest Service took the requisite hard look at those potential proble... | Adequacy of the Discussion of Mitigating Measures |
135 | 552,196 | 2 | 3 | 97 Hutton assembles another litany of theories to contend that the Facility Agreement did not extinguish Aubin's Account debts. 13 We affirm the district court's summary judgment against Hutton on all such theories.
98 The district court held that [t]he facility agreement was a novation rather than an executory accord.... | Trading Account Debt |
136 | 541,803 | 2 | 1 | 7 The gravamen of the pilots' breach of trust claim is that Republic, as administrator of the PRIP, violated ERISA by improperly calculating and distributing the retirement annuities. The district court held that appellants did not present any genuine issues of material fact that necessitated a trial. The court reasone... | Breach of Trust Claim. |
137 | 565,162 | 2 | 1 |
9 The pilots first contend that ALPA promised the pilots throughout the strike that they would be able to ratify any strike settlement with Continental. 5 The pilots argue that these unfulfilled promises of ratification, if proven at trial, show that ALPA breached its DFR in bad faith. 10 In our original opinion, we h... | Alleged misrepresentations |
138 | 773,504 | 2 | 2 | 16 In the case at hand, the District Court departed downward in large part because it found that the market value of the smuggled roe overstated the seriousness of the offense. The District Court arrived at this conclusion, however, by erroneously assuming that the seriousness of appellants' offenses should be measured... | Overstatement of the Seriousness of the Offense |
139 | 783,116 | 3 | 3 | 107 Haugen also sued Brosseau based on state law tort claims. Under Washington law, 108 [i]t is a complete defense to any action for damages for personal injury or wrongful death that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death and the... | State Law Claims Against Brosseau |
140 | 162,885 | 3 | 2 | 9 A secret service investigative report summarizes Mr. Gilgert's offense conduct and the statements made by Mr. Gilgert to secret service agents in an interview. The report states that because of both Mr. Gilgert's threats at Valley Mental Health that he needed to kill someone, and his violence toward treatment workers... | Secret Service Investigative Report |
141 | 174,447 | 2 | 2 | In February 2007, based on Form 5500s filed by Eichholz, the DOL began a civil investigation into Eichholz’s management of the plans. The DOL suspected that the plans’ assets may have been used for personal gain because of (1) the small number of plan participants, only a few of which held an interest in a large percen... | DOL’s April 18, 2007 Interview |
142 | 385,769 | 2 | 2 | 23 Upon reviewing the Committee's statement of reasons for finding Hayes guilty as charged, 2 we held first that it, too, violated applicable regulations in that it merely adopted the violation report and the report of the special investigator. 3 Second, we held that the Committee did not meet minimum due process requi... | Statement of Reasons for Disciplinary Action (555 F.2d at 631-33) |
143 | 2,972,914 | 2 | 4 | Jamieson next contends that he was denied the effective assistance of counsel because of insufficient funding for his defense. An indigent defendant may request monies for investigative, expert, or other services under the Criminal Justice Act, 18 U.S.C. § 3006A. We have directed the district courts to authorize servic... | Failure to Provide Adequate Funds |
144 | 2,765,321 | 3 | 1 | “At step three, the ALJ determines whether the claimant’s impairment is equivalent to one of a number of listed impairments that the Secretary acknowledges -3- as so severe as to preclude substantial gainful activity.” Clifton v. Chater, 79 F.3d 1007, 1009 (10th Cir. 1996) (internal quotation marks omitted). Ms. Perez-... | Step Three Determination |
145 | 2,981,720 | 3 | 3 | Brown’s final argument regarding his predicate offenses— that there is insufficient proof that his conviction for possession of less than 0.5 grams of cocaine with intent to resell was subject to a maximum term of imprisonment of ten years or more—is of a kind with his other arguments. Tennessee sentencing courts must ... | Cocaine Possession with Intent to Resell |
146 | 149,588 | 1 | 5 | On two occasions, the IJ held that it did not have authority to determine whether Ogunfuye was prima facie eligible for naturalization and therefore denied Ogunfuye's applications for termination of removal proceedings under 8 C.F.R. § 1239.2(f). [5] In reaching its conclusion, the IJ was bound by the BIA's holding in ... | Authority to Determine Prima Facie Naturalization Eligibility |
147 | 2,977,328 | 3 | 3 | We now turn to Pivnick’s final argument, which concerns the calling of a defense witness out of order. At trial, the district court permitted WGM’s witness Browning to testify before Pivnick put on his case because Browning had a scheduling conflict. Pivnick argues that the district court abused its discretion in doing... | Browning’s testimony |
148 | 705,213 | 2 | 1 | 10 Cruz challenges his conviction for conspiracy to commit theft of real property 2 on the sole ground that the government failed to prove an essential element of the crimes: that the real property involved was owned by the government or by a third party. 11 The Guam statute defining the offense of Theft of Property pr... | Conspiracy to Commit Theft of Real Property |
149 | 4,224,316 | 3 | 2 | Article 35 of the Convention provides that it shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States. Convention, art. 35. Hence, if the removal or retention occurs before the Convention has entered into force between two States, the Conven... | Entry into Force of the Convention |
150 | 42,998 | 2 | 1 | The IJ conducted a hearing, and Li was the only witness. Through a translator, Li testified on direct examination that he is a forty-five year old man from China, who is married with one child in college. Li’s wife, child, brother, and sister still live in China. Li and his business partner owned a company in China tha... | Li’s Testimony and Evidence at the Hearing |
151 | 308,599 | 2 | 1 | The articles of impeachment of Justice Chase included charges that he had failed to instruct juries on their power to disregard the judge's instructions. His vigorous defense of his course was in terms like those later developed by Justice Story in United States v. Battiste, see infra. On this, as on other articles, th... | Ellis, the Jeffersonian Crisis (Oxford Press, 1971) passim, and see Ch. XIII |
152 | 1,446,262 | 2 | 1 | The first question before us is one of statutory construction: whether the Medicare Act requires the Secretary to base his decision that an item of durable medical equipment is or is not medically reasonable and necessary solely on the contents of a certificate of medical necessity, or whether the Secretary may request... | Whether the certificate of medical necessity is conclusive proof of medical necessity |
153 | 3,050,437 | 2 | 1 | Howard was employed at Fidelity National Financial, Inc. (“Fidelity”), as a Business Strategy Manager. Her job required her to sit for six hours per day, walk or stand for two hours per day, “frequently” lift up to 10 pounds, and “occasionally” lift between 10 and 20 pounds. Her occupation also required “full use of th... | Howard’s Employment and the Plan |
154 | 2,828,917 | 3 | 4 | Potocnik alleges that since 2003, more than 200 law enforcement personnel from approximately 40 different departments or agencies have accessed his information approximately 420 times. The audit attached to Potocnik’s complaint reveals that 308 of the 416 listed accesses—and 47 of the 50 accesses within the limitations... | Potocnik’s Complaint |
155 | 675,769 | 2 | 3 | 37 Sheahan next argues that the district court erred by failing to reduce its amount of loss finding by subtracting the value of the collateral Mercantile Bank released in settlement of the civil lawsuits with Sheahan. Sheahan reasons that Mercantile Bank actually is responsible for increasing the amount of the loss in... | Released Collateral |
156 | 2,756,999 | 2 | 1 | The “admission of evidence is committed to the sound discretion of the trial court.” United States v. Cole, 755 F.2d 748, 766 (11th Cir. 1985). Accordingly, we review the district court’s decision to admit evidence for abuse of discretion. Id. We will not overturn a district court’s determination that a piece of eviden... | Authentication of the Video Clip |
157 | 499,748 | 1 | 3 | 44 Resolution of the claim issue, however, does not end our inquiry. The bankruptcy court also concluded that the government should be permitted to file a late proof of claim. This determination was premature. 45 Remington acknowledges that it failed to provide the government, a known creditor, with proper notice of th... | Filing a Late Proof of Claim |
158 | 751,779 | 3 | 2 | 58 Having surveyed the district court's perjury instructions, we now turn to consider whether the errors in the instructions alleged by Conk warrant reversal of his perjury conviction pursuant to Federal Rule of Criminal Procedure 52(b). 59
60 We have no trouble in concluding that the district court erroneously instruc... | Were the instructions erroneous? |
159 | 187,122 | 2 | 2 | FCA section 3730(h) provides in relevant part: Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furthe... | Count II: Retaliation Claim |
160 | 2,972,779 | 2 | 2 | The district court held that “Chase’s September 1, 1994 contract was an indefinite term at-will contract” and then noted that “either party to an at-will contract may terminate the contract at any time for any or no reason.” Plaintiffs claim the district court erred in ruling that the parties’ contract was “at-will.” T... | Terminable At-Will |
161 | 616,819 | 2 | 2 | Approximately 18 years after the murders took place and after repeatedly giving his account of the events leading to the deaths of Motley and Merkson under oath, Prater changed his story. Under Prater's new version of the crime, which he presented at the evidentiary hearing on Morgan's successive postconviction petitio... | Prater's Recantation |
162 | 793,069 | 2 | 3 | 9 Diaz made another trip to Mexico in March or April of 2002 to pick up more heroin. This trip was taken by Diaz, Carrillo, and another associate, Salvador Zamora. All three drove to Mexico together, and the plan was for Zamora to drive a car packed with heroin back into the United States. Carrillo, who perhaps preferr... | The White Cadillac |
163 | 218,507 | 3 | 3 | Chudacoff also names three entity defendants: UMC; the Clark County Commissioners, in their official capacities as the UMC Board of Trustees; and the Medical and Dental Staff of UMC. Liability will lie against a municipal entity under § 1983 only if a plaintiff shows that his constitutional injury was caused by employe... | UMC, the Board, and the Medical and Dental Staff |
164 | 783,927 | 4 | 2 | 32 McDonald concedes that the district court correctly found arbitrary and capricious to be the appropriate standard of review because the terms of the plan give the plan administrator the discretionary authority to determine eligibility for benefits and to construe the terms of the plan. However, McDonald argues that ... | McDonald |
165 | 699,623 | 1 | 7 | 18 Defendant Oliver takes issue with the district court's refusal to allow evidence of his voluntary intoxication. We review the exclusion of evidence for abuse of discretion. United States v. Rahm, 993 F.2d 1405, 1410 (9th Cir.1993). 19 As the district court correctly concluded, carjacking is a general intent crime, M... | Voluntary Intoxication Evidence |
166 | 472,144 | 2 | 3 | 48 It follows that the district court was correct in holding that the California Education Code provisions relating to the expulsion of regular education students are invalid under the EAHCA as applied to handicapped pupils. The provisions enumerating the substantive grounds for expulsion, see Cal.Educ.Code Secs. 48900... | The California Education Code Provisions on Expulsion of Regular Education Students |
167 | 797,369 | 3 | 1 | 33 Nields first argues that several statements made by the prosecutor to the jury during the penalty phase regarding Patricia Newsome's state of mind impermissibly allowed the jury to consider nonstatutory aggravating circumstances. Specifically, Nields cites the prosecutor's penalty-phase closing argument, in which th... | Prosecutorial misconduct during the penalty phase |
168 | 182,331 | 3 | 3 | On October 25, 1994, Congress again broadened the definition of aggravated felony to include theft offenses for which the term of imprisonment imposed is at least five years. See ITCA § 222(a). The ITCA provided that [t]he amendments made by . . . section [222(a)] shall apply to convictions entered on or after the date... | The Immigration Technical Corrections Act of 1994 |
169 | 804,580 | 2 | 4 | Lastly, Curtis suggests that the trial transcripts do not accurately reflect what occurred in the district court, and he supplies an affidavit from his sister to support this argument. Federal Rule of Appellate Procedure 10(e) does not permit this court to alter the record. Under Rule10(e)(1), “if any difference arises... | The Trial Transcript |
170 | 4,503,119 | 1 | 7 | For the first time on appeal, Guagua-Alarcon argues that his convictions should be vacated because the government deliberately and tactically took seven weeks in order to transport him to Florida—rather than bringing him promptly before a magistrate judge in California, the closest U.S. state—for a probable cause 32 Ca... | delay in guagua-alarcon’s presentment |
171 | 1,085,312 | 3 | 1 | “We review . . . the sufficiency of the evidence to support a conviction or the denial of a defendant’s motion for judgment of acquittal de novo.” United States v. Apperson, 441 F.3d 1162, 1209 (10th Cir. 2006) (quotations omitted). We “tak[e] the evidence—both direct and circumstantial,” and reasonable inferences draw... | The Reasonable Jury Standard |
172 | 673,848 | 2 | 3 | 34 In the cases before us, the injuries of Kollias and Gouvatsos, who both undisputedly meet the definition of employee contained in section 2(3), occurred on the high seas. 2 No choice of law issue has been raised by the employers, and we thus conclude that United States law, that is, the LHWCA, is the applicable law.... | Claimants' Entitlement to Benefits |
173 | 4,022,381 | 2 | 1 | Fontanillas's first claim of error is that the district court abused its discretion in declining to allow her Rule 59(e) motion and the memorandum in support of her Rule 60(b) motion to exceed the page limits established by the district court's local rules. Fontanillas recognizes that district courts' broad latitude in... | Leave to Exceed Local Page Limits |
174 | 684,947 | 3 | 2 | 33 Appellants also challenge the district court's sentence on the ground that the district court miscalculated the amount of methamphetamine for which they were responsible. 34 We hold that the district court did not err in interpreting the Sentencing Guidelines. In cases in which the amount of drugs seized does not re... | Calculation of the Projected Yield |
175 | 516,947 | 2 | 3 | 34 Itel argues that the district court misperceived the relationship between Chapman and Itel even if the court correctly found the contract not to be the usual turn-key construction contract. Itel claims that as the general contractor, Chapman was responsible for design deficiencies. See Emerald Forest Utility Dist. v... | Liability of Itel Under Contract Law |
176 | 357,159 | 1 | 2 | 6 Under applicable FERC regulations, a small producer is allowed to charge a higher price for its gas than the price ceiling set by the Commission for large producers. 18 C.F.R. § 157.40(c). The higher rates are in recognition of the generally higher risks, higher costs, and lower production of the small company. See g... | Price Ceiling |
177 | 208,012 | 3 | 1 | Dr. Lister analogizes this case to Northern Telecom, Inc. v. Datapoint Corp., 908 F.2d 931, 936-37 (Fed. Cir. 1990), a case in which this court held that several documents relating to a military system for distributed computer processing of logistical data were not printed publications within the meaning of § 102(b) be... | Availability for Inspection |
178 | 519,270 | 1 | 3 | 44 During appellee's counsel's cross-examination of appellants' expert rehabilitation witness, David Kutchback, counsel inquired about a letter written by Mr. Kutchback to Mr. Nelson, appellants' workers' compensation lawyer. Appellants' lawyer objected to this cross-examination on the basis of hearsay. Appellee's coun... | cross examination of expert witness. |
179 | 2,829,923 | 3 | 2 | On November 16, 2010, Detective Farris conducted an investigation of Brosky’s residence following a complaint received by the Knox County Police Department that there was a methamphetamine laboratory on a hill behind Brosky’s house. Detective Farris and other officers found a number of items suspected of having been us... | Initial Investigation of Brosky |
180 | 782,852 | 2 | 2 | 4 On September 8, 1994, (approximately three weeks before the Vehicle Board rendered its decision), Krystal filed for Chapter 11 protection. Thereafter, on June 15, 1995, Krystal filed a Plan of Reorganization in which it provided for the sale of its GM franchise in order to raise funds to pay creditors. GM objected to... | The Proceedings in the Bankruptcy Court (Krystal I). |
181 | 1,547,054 | 1 | 6 | This defendant had, so far as appears, nothing to do with the scheme until the end of October, though he had known the elder Van Riper and Maloney before. He told Maloney of Van Riper's proposed withdrawal, which was a surprise to Maloney, and offered him employment in the office which he proposed to set up. This he op... | Ackerson |
182 | 545,550 | 3 | 2 | 22 The Tax Court also relied heavily on Carland's own retirement data in determining the useful life of data processing equipment. The court considered testimony of one of Carland's witnesses who estimated the useful life of this equipment to be 5 years. However, the same witness indicated that some data processing equ... | Useful Life of Data Processing Equipment |
183 | 4,518,646 | 2 | 1 | We review de novo a district courtʹs dismissal for failure to state a claim, assuming all well‐pleaded factual allegations to be true. S. Cherry St., LLC v. Hennessee Grp., 573 F.3d 98, 103‐04 (2d Cir. 2009). To state a claim under Section 10(b) and Rule 10b‐5, a plaintiff ʺmust prove (1) a material misrepresentation o... | Dismissal of Fraud Claims |
184 | 195,236 | 3 | 1 | 24 Arizona State Trooper Carlos Contreras testified that he encountered Hahn in February of 1992 when he stopped a black Ford pickup truck with New Hampshire license plates because it lacked mud flaps. The driver, Hahn, was in lawful possession of a .45 caliber Colt Commander. The government argued that the traffic-sto... | Arizona Traffic Stop |
185 | 2,744,624 | 3 | 1 | As Gonzalez concedes, under the BIA’s interpretation, he is not entitled to derivative citizenship under § 1432. The BIA interprets § 1432 as requiring that minors have lawful permanent resident status before receiving derivative citizenship. Matter of Nwozuzu, 24 I. & N. Dec. at 616. It is undisputed that Gonzalez did... | BIA Interpretation |
186 | 410,287 | 2 | 2 | 27 Wards contends that the Commission's decision was not the mere fleshing out of a general rule through its application to specific facts. Wards urges that the Commission has instead fashioned a new rule and retroactively applied it, thus invalidating Wards's efforts to comply with the old one. Wards contends that cre... | The Standard of Conduct--Interpretation v. Amendment. |
187 | 169,770 | 3 | 1 | Title I of the ADA requires a plaintiff to exhaust her administrative remedies before filing suit. MacKenzie v. City & County of Denver, 414 F.3d 1266, 1274 (10th Cir.2005). In the Tenth Circuit, exhaustion of administrative remedies is a jurisdictional prerequisite to suit. See id. ; Shikles v. Sprint/United Mgmt. Co.... | Filing a charge |
188 | 566,790 | 2 | 3 | 42 Tejada contends that the district court erred in denying him habeas relief based on certain violations of Florida laws or rules that occurred during his trial: (1) denial of a motion to depose a juror; (2) admission of extrinsic offense evidence; (3) admission of a coconspirator's hearsay statement; and (4) deficien... | Claims of State Law Violations |
189 | 184,453 | 2 | 1 | 21 We begin with Rezaq's argument that it was impermissible for the United States to try him a second time, as he had already been tried in Malta. Rezaq cannot base this argument on the Constitution's Double Jeopardy Clause, for two reasons. First, that clause does not prohibit sequential trials by different sovereigns... | Sequential Prosecution |
190 | 2,829,694 | 4 | 1 | Plaintiffs argue that the Government voluntarily assumed a duty to Tracy and Comer by undertaking to protect members of the military community in three ways: through the passage and implementation of Policy 7 and other regulations concerning firearms on base; through Tracy’s interactions with Burke’s command; and throu... | The Army’s voluntary assumption of a duty |
191 | 1,477,516 | 1 | 1 | At this plant the Board found that petitioner had engaged in unfair practices in violation of Section 8 (1), (2) and (5) of the Act. As to (1) and (2), the finding of the Board is, not only substantially, but conclusively, supported. We shall, therefore, make brief reference only to the testimony in support thereof. Or... | Michigan City. |
192 | 541,803 | 2 | 2 | 9 The district court also rendered summary judgment for appellees on the breach of fiduciary duty claim. The court determined that whether a party is a fiduciary under ERISA is a question of law, not fact, and relied on two Seventh Circuit cases--United Indep. Flight Officers, Inc. v. United Air Lines, Inc., 756 F.2d 1... | Breach of Fiduciary Duty and Duty of Fair Representation Claims. |
193 | 812,346 | 3 | 1 | a database containing data relating to items associated with at least two vendors maintained so that selected portions of the database may be searched separately; means for entering product information that at least partially describes at least one desired item; means for searching for matching items that match the ent... | An electronic sourcing system comprising: |
194 | 1,213,767 | 2 | 2 | SAPS provided evidence of lead accumulation on Metacon's site based on a SAPS member's non-specific observation of a tremendous amount of spent ammunition on the ground, id. at 596, and Metacon's admission in a related state lawsuit that [t]housands of pounds of lead are deposited at the Site, id. at 696. Meanwhile, Me... | Evidence of Lead Contamination at Metacon |
195 | 510,217 | 5 | 2 | 154 (a) Misjoinder. Shafran's claim of misjoinder under Rule 8(b) rests heavily on the fact that he was acquitted of a bribery racketeering act relating to his investment in the Candler Building, a commercial property in midtown Manhattan. The government sought to prove that Shafran's interest in the building was the p... | Shafran |
196 | 773,009 | 2 | 1 | 14 In our view, the broad restrictions on Peterson's computer ownership and Internet access are not reasonably related, 18 U.S.C. § 3563(b), to the nature and circumstances of the offense or Peterson's history and characteristics. 18 U.S.C. § 3553. Nor are they reasonably necessary to the broad sentencing purposes indi... | Restrictions on Computer Use and Internet Access |
197 | 4,526,485 | 2 | 2 | Second, we conclude that the error was clear or obvious. This Court has repeatedly held that a district court must offer at least some minimal incourt explanation of its sentence. Of course, “[t]he line between appropriately succinct and inadequately silent may be difficult to draw in particular cases.” 23 In close cas... | The error is clear or obvious |
198 | 6,333,580 | 2 | 1 | Whether an entity is an arm of the state ultimately presents a question of federal law. But we determine that answer “by carefully reviewing how the agency is defined by state law.” Versiglio v. Bd. of Dental Exam’rs of Ala., 686 F.3d 1290, 1291 (11th Cir. 2012). “The state law provides assistance in ascertaining wheth... | How Florida Law Defines NICA |
199 | 4,540,025 | 2 | 1 | Substantial evidence supports the Board’s analysis of the Carr factors with respect to the fitness for duty order The parties agree that the fitness for duty examination and suspension both constitute personnel actions within the meaning of the statute. Case: 19-2022 Document: 37 Page: 7 Filed: 06/09/2020 CERULLI v. DE... | Carr Analysis |
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