query_id stringlengths 4 6 | query stringlengths 75 2.13k | positive_passages listlengths 1 1 | negative_passages listlengths 20 20 |
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215196 | S.Ct. 380, 61 L.Ed. 746 (1917); Sanguinetti v. United States, 264 U.S. 146, 149, 44 S.Ct. 264, 68 L.Ed. 608 (1924); United States v. Kansas City Life Ins. Co., 339 U.S. 799, 809-10, 70 S.Ct. 885, 94 L.Ed. 1277 (1950)). The Supreme Court’s development of its physical takings doctrine applied a similar set of rules to ca... | [
{
"docid": "22446694",
"title": "",
"text": "was passed by virtue of a power reserved in the act of 1862. The suit was brought to enforce the duties and obligations imposed by those statutes on the railway company. The statutes are quoted in the opinion, and the act of 1866 is referred to only as reinfo... | [
{
"docid": "23653321",
"title": "",
"text": "(citing Penn Central). Because the Supreme Court held in Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 102 S.Ct. 3164, 73 L.Ed.2d 868 (1982), that the extent of interference with the actual use of the property becomes irrelevant when the depriva... |
136559 | a letter which had been in a Post Office or authorized depository for mail matter or in the custody of a letter carrier; (2) that the letter was taken before it was delivered to the person to whom it was directed; and (3) that the letter was taken “with the specific intent to obstruct the correspondence or to pry into ... | [
{
"docid": "11920908",
"title": "",
"text": "the day to day operations of the corporation. Stephens maintained its continuity of business activity, had stockholders and a Board of Directors, accepted liabilities and receivables in its corporate name and was operated for the purpose of making a profit. 2... | [
{
"docid": "16431463",
"title": "",
"text": "37 (1999). To prove a false statement in violation of 18 U.S.C. § 1001, the government must show that the defendant: (1) knowingly and willfully, (2) made a statement, (3) in relation to a matter within the jurisdiction of a department or agency of the United... |
319399 | applying the clearly erroneous standard to the findings of a district court sitting without a jury, appellate courts must constantly have in mind that their function is not to decide factual issues de novo.” Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 123 [89 S.Ct. 1562, 1576, 23 L.Ed.2d 129] (1969). ... | [
{
"docid": "22636860",
"title": "",
"text": "that for triers of fact totally to reject an opposed view impeaches neither their impartiality nor the propriety of their conclusions. We said, “We are constrained to reject the court’s conclusion that an objective finder of fact could not resolve all factual... | [
{
"docid": "22652139",
"title": "",
"text": "the trier of fact simply because it is convinced that it would have decided the case differently. The reviewing court oversteps the bounds of its duty under Rule 52(a) if it undertakes to duplicate the role of the lower court. “In applying the clearly erroneo... |
16239 | As the court in In re Quinn, 525 F.2d 222, 225 (1st Cir.1975), stated: In general, we shall expect the Government’s denial to be amplified to the point of showing that those responding were in a position, by firsthand knowledge or through inquiry, reasonably to ascertain whether or not relevant illegal activities took ... | [
{
"docid": "1306388",
"title": "",
"text": "that Hill’s appearance before the Grand Jury, and the questions to be asked of her, were the result of any illegal electronic surveillance, and denied Hill’s specific claim of surveillance. As noted above, the AUSA submitted, in addition, an ex parte in camera... | [
{
"docid": "23077489",
"title": "",
"text": "The government’s denial of illegal electronic surveillance is usually based on inquiries to the relevant government agencies and requests for searches of agency files. The predicate for acceptance of the government’s denial is that the government official mak... |
841260 | 10. Hence, Stephenson’s contentions regarding the denial of a promotion in 1989 are irrelevant to the unlawful discharge claim. Accordingly, Stephenson’s claim' concerning the 1989 denial of a promotion to the Tax Accountant position is without merit. To the extent counts I and/or II raise such a claim, they are subjec... | [
{
"docid": "18924314",
"title": "",
"text": "Court heard oral argument on this case on April 5, 1994, just over two weeks before Charland was issued. Although Woods was released on July 29, 1994, it does not cite to Charland, or to Dalis, which had just been decided on July 11, 1994. Thus, Woods apparen... | [
{
"docid": "7322517",
"title": "",
"text": "facts incorrectly. Furthermore, the record must be viewed in a light most favorable to the party opposing the motion. Helm v. Western Maryland Ry. Co., 838 F.2d 729, 734 (4th Cir.1988). As the district court pointed out, the Supreme Court sharply limited the a... |
798695 | remainder was paid to the Chapter 13 Trustee. On May 20, 1994, the United States filed a Notice of Appeal challenging the bankruptcy court’s order. After briefing was completed, the Bankruptcy Reform Act of 1994 was passed on October 22, 1994. Appellant submitted a supplemental brief on December 1, 1994, addressing the... | [
{
"docid": "10272795",
"title": "",
"text": "and severally. As the bankruptcy court noted, the auditor’s report suggests that Gibson and Sipple shared one claim in the Superior Court, and Gibson had another, separate claim. Nevertheless, the Superior Court judgment reduced these claims into one judgment... | [
{
"docid": "1096899",
"title": "",
"text": "to de novo review. In re Thomas, 883 F.2d 991, 994 (11th Cir.1989), cert. denied, Thomas v. Southtrust Bank, 497 U.S. 1007, 110 S.Ct. 3245, 111 L.Ed.2d 756 (1990). B. Sovereign Immunity Although Appellant dedicated a large portion of its initial brief to argui... |
844717 | question of law we review de novo. United States v. Mendoza, 510 F.3d 749, 754 (7th Cir. 2007). If the sentencing decision is procedurally sound, we then consider the substantive reasonableness of the sentence under the abuse-of-discretion standard, taking into account the totality of the circumstances, including the e... | [
{
"docid": "23593248",
"title": "",
"text": "the § 3553(a) factors leaves ample room for the court’s discretion. See United States v. Wachowiak, 496 F.3d 744, 748 (7th Cir.2007). Once the court chooses a sentence, § 3553(c) requires the district judge to “state in open court the reasons” for imposing it... | [
{
"docid": "22744413",
"title": "",
"text": "to adequately explain the chosen sentence — including an explanation for any deviation from the Guidelines range.” Gall, 128 S.Ct. at 597. The first step— aimed at addressing “procedural” errors— highlights the continued importance of the Guidelines, and the ... |
359459 | Comp. Laws § 600.715(1)) (quoting Lanier v. Am. Bd. of Endodontics, 843 F.2d 901, 906 (6th Cir.1988) (citing Sifers v. Horen, 385 Mich. 195, 188 N.W.2d 623, 624 n. 2 (1971))). Technically, the federal constitutional issue does not arise until and unless the court first determines that a defendant is subject to jurisdic... | [
{
"docid": "5642088",
"title": "",
"text": "for disposal of low-level radioactive waste generated in Michigan prior to January 1, 1993. A court has personal jurisdiction over a defendant if the defendant is amenable to service of process under the state's long-arm statute, Omni Capital Int’l, Ltd. v. Ru... | [
{
"docid": "16416119",
"title": "",
"text": "offer of rescission and fraudulently prepared financial papers are also subject to the long-arm jurisdiction of a federal court in Michigan. A more detailed explanation follows in Part IY. II. A. The question of jurisdiction is to be decided by Michigan law u... |
504795 | past operator, the plaintiff is not even required to show that the party was an operator when an active “disposal” of hazardous waste occurred. Compare 42 U.S.C. § 9607(a)(1) (PRP status applies to “the owner and operator of a vessel or a facility”), with 42 U.S.C. § 9607(a)(2) (PRP status applies to “any person who at... | [
{
"docid": "495525",
"title": "",
"text": "of on, in, or at the facility.” Because CERCLA conditions the innocent owner defense on the defendant’s having purchased the property “after the disposal” of hazardous waste at the property, “disposal” cannot constitute the allegedly constant spreading of conta... | [
{
"docid": "1005501",
"title": "",
"text": "proof of defendant’s ‘conscious knowing intent to defraud.’ ” (quoting United States v. Regan, 937 F.2d 823, 827 (2d Cir. 1991))), aff'd sub nom. Curtis v. Law Offices of David M. Bushman, Esq., 443 Fed.Appx. 582 (2d Cir. 2011). Accordingly, the Court grants d... |
465759 | S.Ct. 169, 145 L.Ed.2d 143 (1999). Under the Vanguard Board Policies, teachers are expressly permitted to discuss religious topics as long as such discussions do not occur during instructional time and do not occur in the presence of students. Policy 3, Teachers’ Religious Expression, Part 2A. Here, the challenged prac... | [
{
"docid": "18555491",
"title": "",
"text": "appears from the record that the school board and the superintendent of schools had consistently applied a policy prohibiting use of school facilities for religious activity. At all times pertinent to this complaint, no religious meetings occurred on school p... | [
{
"docid": "2395803",
"title": "",
"text": "to that now challenged.... presents no more potential for establishment than the provision of school transportation, beneficial grants for higher education, or tax exemptions for religious organizations.” Marsh, 463 U.S. at 791, 103 S.Ct. at 3335-3336 (citatio... |
836876 | States Court of Appeals for the First Circuit. Panzardi-Alvarez, 930 F.2d 907; 879 F.2d at 981-83; 678 F.Supp. at 362-65. Therefore, to the extent that petitioner is raising the same grounds for relief as those raised in prior section 2255 motions, both 28 U.S.C. § 2255 and Rule 9(b) of the Rules Governing Section 2255... | [
{
"docid": "22652366",
"title": "",
"text": "governing successive applications for federal habeas corpus and motions under § 2255 has reached the point at which the formulation of basic rules to guide the. lower federal courts is both feasible and desirable. Compare Townsend v. Sain, 372 U. S. 293, 310.... | [
{
"docid": "20964772",
"title": "",
"text": "same ground presented in the subsequent application was determined adversely to the applicant on the prior application, (2) the prior determination was on the merits, and (3) the ends of justice would not be served by reaching the merits of the subsequent app... |
296512 | identifies a uniquely federal interest, the court must then determine whether a “significant conflict” exists between an identifiable “federal policy or interest and the [operation] of state law.” Id. 487 U.S. at 507, 108 S.Ct. at 2516 (quoting Wallis v. Pan American Petroleum Corp., 384 U.S. 63, 68, 86 S.Ct. 1301, 130... | [
{
"docid": "14562235",
"title": "",
"text": "The application of federal law is appropriate where “a uniform national rule” is necessary to further federal interests. Clearfield Trust Co. v. United States, 318 U.S. 363, 63 S.Ct. 573, 87 L.Ed. 838 (1943), or where “there is significant conflict between so... | [
{
"docid": "14562237",
"title": "",
"text": "government, lead to the conclusion that the interpretation of provisions required to be included in CIAP contracts is a uniquely federal concern. The CIAP regulations extend into all areas of project management, from financial administration and record-keepin... |
464076 | stated that VA preferred that a family member act as a fiduciary, but that if none were willing, it would be forced to appoint someone else. Given this backdrop, the Court interprets Mr. Clennan’s argument as one that due process required that VA provide him additional notice and an opportunity to be heard once VA dete... | [
{
"docid": "761933",
"title": "",
"text": "evidence; and providing a medical examination or medical opinion when necessary to resolve the claim. Paralyzed Veterans of Am. v. Sec’y of Veterans Affairs, 345 F.3d 1334, 1338-39 (Fed.Cir.2003). The critical change in VA’s duty to assist wrought by the VCAA r... | [
{
"docid": "8433633",
"title": "",
"text": "States, 50 F.3d 1025, 1028 (Fed.Cir.1995) (“[The] complaint included counts alleging violation of ... [the] Due Process Clauses of the Fifth and Fourteenth Amendments, the Equal Protection Clause of the Fourteenth Amendment, and the doctrine of separation of p... |
115220 | of the three assault charges. Free asserts that logic dictated that he take the stand in defense of the assault charges but not the murder charges. Free contends that had he exercised his right to testify on his own behalf on the assault charges he would have opened the door to introduction of his prior murder convicti... | [
{
"docid": "23581794",
"title": "",
"text": "L.Ed.2d 286 (1976) (footnote omitted). We agree with the Fifth Circuit’s analysis of this issue. The record shows that the government’s witnesses were thoroughly cross-examined. Their credibility was vigorously attacked. The jury was instructed on the presump... | [
{
"docid": "22976408",
"title": "",
"text": "the motion accompanies the introduction of evidence deemed prejudicial and a renewal at the close of all evidence would constitute an unnecessary formality.” United States v. Felix-Gutierrez, 940 F.2d 1200, 1208 (9th Cir.1991), cert. denied, -U.S. -, 113 S.Ct... |
494803 | evidence. See Ibarra-Flores v. Gonzales, 489 F.3d 614, 618 (9th Cir.2006). We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review. Substantial evidence supports the agency’s determination that Jose did not meet ... | [
{
"docid": "22664764",
"title": "",
"text": "nor a violation of due process for the BIA to decide that a particular case clearly falls within, or outside, those boundaries. Accordingly, we conclude that the BIA did not violate the Carriches’ due process rights by streamlining their appeal. III. Regulato... | [
{
"docid": "16422141",
"title": "",
"text": "ten-year requirement where there were no intermittent absences did not violate Petitioners’ equal protection rights. (See id. 6-7). Petitioners timely appealed. We have jurisdiction pursuant to 8 U.S.C. § 1252(b), and we affirm. I. Standard of Review When “th... |
832640 | "standard outlined in Burlington Northern. See, e.g., Sykes v. Pa. State Police, No. 05-1349, 2007 WL 141064, at *7 (W.D.Pa. Jan. 17, 2007) (holding that employment actions were not materially adverse when plaintiff continued to pursue allegations of discrimination by filing two EEOC complaints and several internal cla... | [
{
"docid": "19773247",
"title": "",
"text": "alleged falsity of the ticket, however, addresses causation, and accordingly is discussed below. Second, MDOC argues that Thomas’s subsequent conduct—filing a grievance against Eby and then filing this lawsuit—demonstrates that issuing a major-misconduct, tic... | [
{
"docid": "4090682",
"title": "",
"text": "he experienced the sort of temporary \"reassignment that involves only minor changes in working conditions [which] normally does not constitute an adverse employment action.” Marrero, 304 F.3d at 23. . Other courts confronting roughly similar circumstances hav... |
405723 | whether injunctive relief prohibiting further NLRB proceedings pending receipt of the information is appropriate. It is clear that under the FOIA a district court has jurisdiction “to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complai... | [
{
"docid": "14750026",
"title": "",
"text": "its interest in them on its right, as a charging party, to participate in the Board's proceeding. See 29 C.F.R. § 101.10 (1972). Following refusals by the Board and General Counsel to release the memoranda, Sears filed an action in the District Court under th... | [
{
"docid": "4311830",
"title": "",
"text": "district court would have had jurisdiction under FOIA to consider the motion had it been unrelated to discovery in civil litigation. The power of a district court in resolving claims brought under FOIA is defined generally in 5 U.S.C. § 552(a)(4)(B): \"On comp... |
236222 | a difference in seaworthiness as between a vessel whose well-constructed steps bore the oil accumulation of days and another whose similar steps had only a film of oil unavoidably accumulated since a cleaning a few hours before. We read Mitchell as saying they may nevertheless hold the owner liable in the latter ease, ... | [
{
"docid": "2897037",
"title": "",
"text": "anyone connected with Arrow Barge or Nacirema with respect to the unsafe condition of the hold and no evidence of any request that something be done by the ship to correct it. Accepting and applying the decision in Mitchell v. Trawler Racer, Inc., supra, as in... | [
{
"docid": "5826025",
"title": "",
"text": "(S.D.N.Y. 1960). The court—not persuaded by the plaintiffs “confused and conjectural” account — concluded that reasonable fitness means that “a seaman is not absolutely entitled to a deck that is not slippery. He is absolutely entitled to a deck that is not un... |
94493 | fact that it is bank money, would be enough. It would be no defense to a charge of robbing an insured state bank that the robbers thought it was not insured, and had selected it for that reason, hoping thereby to avoid entanglement with federal law. Conversely, it would seem that a scheme to take the money, if in fact ... | [
{
"docid": "17902414",
"title": "",
"text": "Cir., 227 F.2d 332, 335; Woo Wai v. U. S., 9 Cir., 223 F. 412, 415. For instance, an attack on a wooden Indian cannot be an assault and battery (though it might constitute malicious destruction of property), and hence a combination and agreement to do so cann... | [
{
"docid": "22350826",
"title": "",
"text": "as well as others, to commit offenses against the United States; that is: Paragraph one, “To unlawfully take by force, violence and intimidation, from the person and presence of another, money belonging to and in the care, custody, control, management and pos... |
639482 | remains undisputed that he attempted to get away from the defendants even after they asked him to stop. This attempt to leave the scene was sufficient to escalate the guards’ reasonable suspicion into probable cause. Because there is no question that the guards had reasonable suspicion to stop Payton and then probable ... | [
{
"docid": "6687584",
"title": "",
"text": "police officer utilized excessive force depends on the totality of the circumstances surrounding the encounter. Frazell, 102 F.3d at 882. We must pay “careful attention to the facts and circumstances of each particular case, including the severity of the crime... | [
{
"docid": "23315178",
"title": "",
"text": "the district court, Morris was calm, remained out of reach of Bell, and backed up at the first sign Bell wanted to escalate the encounter. Such nonviolent conduct is not enough for any reasonable officer to believe Morris was committing an assault. Thus, Defe... |
63373 | claim that will protect that creditor’s secured interest from decreasing in value during the period that the automatic stay remains in effect. In re Roane, 8 B.R. 997, 1000 (Bankr.E.D.Pa.1981), aff’d. 14 B.R. 542 (D.C.E.D.Pa.1981). It has been held that an equity cushion, standing alone, can provide adequate protection... | [
{
"docid": "22152265",
"title": "",
"text": "The method offered in § 361(1) (periodic payments) and in § 361(2) (additional or replacement lien) have not been proposed by the Debtors. The third method, which is contained in § 361(3), is a “catch all”, permitting such other means of providing adequate pr... | [
{
"docid": "10178998",
"title": "",
"text": "protected — the existence of an “equity cushion.” Nei ther periodic cash payments nor replacement liens were offered, see 11 U.S.C. 361(1), (2), although movants’ counsel stated that periodic cash payments equal to the per diem rate for the three mortgages, p... |
297908 | the property placed into the trust and not the remainder interest in that property. Id. Fundamental principles of grammar aside, the Gradow court rested its conclusion equally on the underlying purpose of section 2036(a), observing that: “The only way to preserve the integrity of the section, then, is to view the consi... | [
{
"docid": "11152990",
"title": "",
"text": "on the transferor’s taxable estate, rather than by the comparatively irrelevant rules of property law.” BREITENSTEIN, Circuit Judge (concurring in result). Section 811 of the 1939 Internal Revenue Code provides for the determination of the value of the gross ... | [
{
"docid": "15449097",
"title": "",
"text": "at the wisdom of accepting actuarial factors than at the result just described-should be addressed. The first, to paraphrase the Claims Court in Gra-dow, is that the fee interest holder, in such a situation, might squander the proceeds from the sale of the re... |
256447 | had led the government agent to a meeting with a defendant who was later charged with conspiracy and possessing stolen property. This Court upheld the informer’s privilege, finding that disclosure was not essential to a fair determination of the charges. 422 F.2d at 977. Whitley also argues that disclosure was necessar... | [
{
"docid": "15501001",
"title": "",
"text": "entrapment. Appellant argues that his admission of the government’s proof of his conversations with and receipt of money from Webster allows him to rely on entrapment even though he refused to admit his guilt of obstructing justice. This argument is based on ... | [
{
"docid": "17246655",
"title": "",
"text": "by the defendant seller. See United States v. Barnett, 418 F.2d 309 (6th Cir.1969); United States v. Lloyd, 400 F.2d 414 (6th Cir.1968). However, this Court has found non-disclosure proper when the informer, like “Bob”, was not a participant in the drug trans... |
327115 | "even though not seeking compensation from estate; attorney must file employment application even if not required to file fee application); Land v. First Nat’l Bank (In re Land), 116 B.R. 798, 804-05 (D.Colo.1990)(rejeeling claim ""that court approval of an attorney’s employment [by debtor-in-possession] is not require... | [
{
"docid": "5163007",
"title": "",
"text": "Cir.1988). Judge McDonald properly found that appellant was paid by the debtors from funds which should have been property of the estate and used for distribution to creditors, rather than for unnecessary and improper personal expenses by way of unapproved leg... | [
{
"docid": "11092560",
"title": "",
"text": "that decision to the district court, but subsequently dismissed the appeal. Appellants then filed, on March 30, 1989, an application for nunc pro tune approval, under section 327, of debtors' employment of their attorney. The bankruptcy court denied this appl... |
778487 | Bus Lines Operations, 1 M.C.C. 190, 203 (1936). The federal courts of appeals are in accord in deferring to this interpretation of the “present or future public convenience and necessity” standard. See, e.g., Watkins Motor Lines, Inc. v. ICC, 641 F.2d 1183, 1188-89 (5th Cir. 1981); Midwestern Transportation, Inc. v. IC... | [
{
"docid": "15483661",
"title": "",
"text": "e., the possible benefits of allowing another full service LTL carrier to conduct operations in Lake and Porter Counties. This was especially important in view of the ALJ’s undisturbed finding that “the few carriers which are willing to perform a similar serv... | [
{
"docid": "5815012",
"title": "",
"text": "state south of Idaho County. . These are the areas in which the certificates conferred by the Commission upon May and Ayala overlap. . See note 2 supra. . Bowman Transp. Co. v. Arkansas-Best Freight Sys., Inc., 419 U.S. 281, 284, 95 S.Ct. 438, 441, 42 L.Ed.2d ... |
164696 | treated when she was demoted. (Id.) The letter contains no reference, implicit or explicit, to any racial or national origin discrimination by Defendant. (Id.) In addition to. the letter, Plaintiff references oral complaints that she made to various individuals at Genesis. For example, Plaintiff stated in her Affidavit... | [
{
"docid": "6873970",
"title": "",
"text": "actions taken by her. Since there was no claim of religion included in her charge, plaintiff may not assert that claim here. See Evans v. Technologies Applications & Service Co., 80 F.3d 954, 963 (4th Cir. 1996). A plaintiff in a Title VII suit may assert only... | [
{
"docid": "6936059",
"title": "",
"text": "but also the evidence the plaintiff offers to attack the employer’s proffered explanation for its action and other evidence of retaliation. Jones v. Bernanke, 557 F.3d 670, 677 (D.C.Cir.2009) (citations and quotations omitted). In his briefing on the instant m... |
721159 | S.Ct. 2182, 33 L.Ed.2d 101 (1972). Moreover, excluding the time during which pretrial motions were pending, 18 U.S.C. § 3161(h) (1994); United States v. Parker, 30 F.3d 542, 546 (4th Cir.1994), Brown was brought to trial well within the time constraints of the Speedy Trial Act. In his pro se supplemental briefs, Brown ... | [
{
"docid": "22612752",
"title": "",
"text": "suppress. III. The issues raised in King’s appeal do not merit extended discussion. King first argues that the district court improperly questioned witnesses, thereby denying him a fair trial. We disagree. While the district court must maintain “ ‘a general a... | [
{
"docid": "22675889",
"title": "",
"text": "the relevant factors, we find that the remarks did not affect Baptiste’s substantial rights. Accordingly, because we find that the remarks were not plainly inappropriate and did not, in any event, affect Baptiste’s substantial rights, we hold that the distric... |
239810 | district court properly dismissed Appellants’ claim brought under the AIMA because no reasonable inference may be drawn that any entity — including Mayer Hoffman, Mortgages Ltd., or Radical Bunny, LLC — en■gaged in investment advisory services. Ariz.Rev.Stat. §§ 44-3241, 44-3101(5). Appellants’ negligent misrepresentat... | [
{
"docid": "15983156",
"title": "",
"text": "to such third party in providing advice to the client because the third party’s anticipated reliance was the end and aim of the transaction); J'Aire Corp. v. Gregory, 24 Cal.3d 799, 157 Cal.Rptr. 407, 598 P.2d 60 (1979) (contractor liable to lessee of premise... | [
{
"docid": "17402189",
"title": "",
"text": "and even those allegations do not plead facts showing why the statements were false at the time they were made. Moreover, the SAC does not allege facts showing knowledge (by the speaker) of the falsity. Accordingly, plaintiff fails to state a claim for fraud.... |
653413 | not dispute that they tarried in providing indemnity. Both the district court and the parties have treated prejudgment interest as a matter to be resolved under admiralty law. (They do not remark the inconsistency of this approach with their resort to Illinois law to determine other issues.) Prejudgment interest is an ... | [
{
"docid": "22085799",
"title": "",
"text": "295-297. Moreover, federal policy plainly calls for an award of interest. The purpose of the DRA was not to relieve States of the entire burden of disaster relief, but to apportion that responsibility between the State and Federal Governments. See, e. g., §§ ... | [
{
"docid": "7929426",
"title": "",
"text": "rate to be used in calculating prejudgment interest. Several. courts have taken that approach under ERISA and other federal laws. See Biava v. Insurers Administrative Corp., 48 F.3d 1231 (Table), 1995 WL 94461, *5 (10th Cir.1995) (ERISA); Colon Velez v. Puerto... |
578860 | "of Cook and Tecon. 85 Fed.Cl. at 186-87. Discussing extensively the legislative history of section 1500, the court also observed that that history provided no basis to depart from the plain meaning of the statutory language. Id. at 188-89. Finally, the court found that the expanded definition of ""pending” employed in... | [
{
"docid": "16213830",
"title": "",
"text": "dismiss, courts now look to the sequence of filing to determine whether any other eouit action was pending at the time the plaintiff filed suit in the Court of Federal Claims. Cases such as Keene, 508 U.S. 200, 113 S.Ct. 2035, 124 L.Ed.2d 118, and United Stat... | [
{
"docid": "3341026",
"title": "",
"text": "such discriminatory taxation.”). After the Seventh Circuit’s decision in Hynes, and after continued non-payment of the taxes, Cook County amended its pleadings in a related state court action to seek the issuance of tax deeds on- the buildings in order to faci... |
370335 | to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted. 42 U.S.C. § 1997e(a). The Supreme Court has held that this statute requires that prisoners “exhau... | [
{
"docid": "22607187",
"title": "",
"text": "“reduce the quantity and improve the quality of prisoner suits”). To that end, Congress enacted a variety of reforms designed to filter out the bad claims and facilitate consideration of the good. Key among these was the requirement that inmates complaining a... | [
{
"docid": "5511761",
"title": "",
"text": "(3d Cir.1992) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 92 L.Ed. 746 (1948)). We must, of course, accord respect to determinations of the credibility of witnesses. United States v. Igbonwa, 120 F.3d 437, 441 (3d Cir.1997) (cit... |
493383 | that Johnson will be unable to maintain a minimal standard of living if forced to repay her student loan debt. B. Additional Circumstances The debtor must also “show additional circumstances indicating that her state of affairs (that is, the inability to maintain a minimal standard of living if forced to repay the stud... | [
{
"docid": "21173979",
"title": "",
"text": "prong is not dependent on the payment amount, but rather a determination by the Court of whether the debtor can maintain a minimal standard of living if being required to service the student loan. B. Brunner Prong 2 — Additional Circumstances The second prong... | [
{
"docid": "13175122",
"title": "",
"text": "foreseeable future, maintain a reasonable, minimal standard of living for the debtor and the debtor’s dependents and still afford to make payments on the debtor’s student loans?”). Courts “should consider all relevant evidence — the debtor’s income and expens... |
74469 | a criminal prosecution is entitled to absolute immunity). Further, the other federal defendants were entitled to immunity to the extent they were sued for executing court orders. See Coverdell v. Dep’t of Soc. & Health Servs., 834 F.2d 758, 764-65 (9th Cir.1987). The district court properly dismissed the claims against... | [
{
"docid": "22359099",
"title": "",
"text": "(FTCA). The District Court dismissed the claims against the Assistant United States Attorney in accordance with the absolute immunity for prosecutorial judgment, and rejected an abuse-of-process claim against the inspectors. Moore v. Valder, Civil Action No. ... | [
{
"docid": "22284944",
"title": "",
"text": "of a prior debt. In June 1981, the Hawaii Bank Examiner, through defendant Bitterman, directed Thrift Guaranty to take action regarding Pacific Loan’s precarious financial condition. Thrift Guaranty took over the assets and management of Pacific Loan. By payi... |
816136 | by alleging the existence of “an innocent member of ... management who would have been able to prevent the fraud had he known about it.” Wechsler, 212 B.R. at 36; see also BDO Seidman, 49 F.Supp.2d at 651 (resting decision on the absence of any allegation in the complaint that a member of the corporation’s management w... | [
{
"docid": "12227227",
"title": "",
"text": "many suits arising from Towers’ Ponzi scheme. In a Report and Recommendation dated March 26, 1997, I recommended denial of defendant Squadron Ellenoff s motion to dismiss. By Opinion dated July 28,1997, Judge Knapp affirmed my Report and Recommendation, with ... | [
{
"docid": "14515605",
"title": "",
"text": "sole shareholders, and were allegedly not acting as agents of the corporation.” In re Mediators, 190 B.R. at 528. The Second Circuit later affirmed, without disturbing this conclusion. (2d Cir.1997) 105 F.3d 822. Accordingly, we agree with Judge Peck’s findin... |
573967 | failing to consider the vocational expert’s response to a hypothetical question that included a history of depression and anxiety that was ongoing, a dependent personality, affective anxiety disorders, and underlying problems of fatigue that limits plaintiffs ability to engage in activity requiring physical exertion. A... | [
{
"docid": "23646587",
"title": "",
"text": "of the United States District Court for the Eastern District of Oklahoma affirming the Secretary’s denial of benefits. . Plaintiff also contends the ALJ erred by not considering the combined effect of his several alleged impairments, \"in that he failed to as... | [
{
"docid": "15593271",
"title": "",
"text": "since March 1993, and the fact that his physical therapy sessions were canceled because he failed to show up for them. This identification of specific evidence complies with the requirements of Kepler. IV Finally, claimant contends that the ALJ failed to ask ... |
310008 | "of fiduciary duty, fraud, and gross negligence against Narain; SHIP's claim for constructive fraud against Feuer, Taylor, and Narain; and SHIP's claims for RICO and unjust enrichment against all defendants. Second, defendants move to dismiss claims that the Court previously declined to dismiss. These include SHIP's cl... | [
{
"docid": "22655499",
"title": "",
"text": "devoid of “further factual enhancement.” Id., at 557. To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to “state a claim to relief that is plausible on its face.” Id., at 570. A claim has facial plausibilit... | [
{
"docid": "3018926",
"title": "",
"text": "RMBS Trustee breached the PSAs and Indenture Agreements; violated the Trust Indenture Act of 1939 (“TIA”), 15 U.S.C. § 77aaa, et seq., and New York’s Streit Act, N.Y. Reál Prop. Law § 124, et seq.; breached the fiduciary duty Deutsche Bank owed to the plaintif... |
785517 | interest, including work reports of any nature, and vouchers. Plaintiff says that for a first offense, removal is inappropriate, but by Section 1982.8(1) of the Internal Revenue Manual, “Removal action will be taken” for an offense “when a previously administered oral admonishment has not served to prevent a repetition... | [
{
"docid": "15233822",
"title": "",
"text": "with almost 15 years of satisfactory government service. The Agency is responsible for discipline, according to the Federal Personnel Manual chapter 751-3 subch. 1.1-1.a: Section 01.3(d) of Executive Order 9830 places a positive responsibility on the head of ... | [
{
"docid": "17029071",
"title": "",
"text": "was directed to answer them by an officer of the IRS. Charge 2 was based on “Rules of Conduct for Internal Revenue Service Employees,” § 194.35, failure to pay debts: Employees who, without just cause, refuse or neglect to pay, or to make and adhere to satisf... |
511788 | reliability of the information furnished by the informant was corroborated by the actions of appellant (including swallowing a small bundle which had been secreted beneath the auto seat) as observed by the CID agents who subsequently apprehended him, we need not determine whether there was probable cause to apprehend a... | [
{
"docid": "12534450",
"title": "",
"text": "search since he failed to object to the admission in evidence of the fruits thereof. Regarding the status of Lieutenant Kielman as being in the execution of his office when he was assaulted, counsel contend: (1) The search was legal; (2) even if reading the l... | [
{
"docid": "12116153",
"title": "",
"text": "1969 Manual, supra, which applied when this trial occurred, authorizes self-defense if “reasonable grounds existed to apprehend that death or grievous body harm was about to be inflicted on the accused or on a person he could lawfully defend and the accused m... |
612876 | (diplomatic status conferred on Solicitor General of the Philippines after he was subpoenaed); Abdulaziz v. Metro. Dade County, 741 F.2d 1328, 1329 (11th Cir.1984) (Saudi Prince and his family obtained diplomatic status after the commencement of suit). This Court is not aware of any cases that have granted diplomatic i... | [
{
"docid": "3708300",
"title": "",
"text": "immunity conferred by Article 31 of the Convention, that contained in paragraph 1(e): “an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.” In support of this pr... | [
{
"docid": "560934",
"title": "",
"text": "the court will grant the defendants’ motion for summary judgment. The issuance of United States passports is solely the responsibility of the Secretary of State. 22 U.S.C. § 211a. Under current State Department regulations, a passport may be issued “only to a U... |
291571 | on her to prove that the death was so effected or caused. It seems that a conclusion that the physical condition of the insured following his taking part in the loading of ice in the ear, and his death, were due solely to his accidental slipping and falling or sitting down, and were not proximately contributed to by hi... | [
{
"docid": "21736284",
"title": "",
"text": "the court, and the trial of it resulted in a decree dismissing it. The undisputed evidence as to the immediate cause of the bodily injury which was claimed to have resulted in the insured’s total disability was to the following effect: While the insured and a... | [
{
"docid": "9809269",
"title": "",
"text": "The court said: “It is also said in argument that the policy covers death from violent, external, and accidental means, and that the proximate canse of death in this case was not the fall, but some disorder with which the deceased was afflicted. It is quite cl... |
610692 | The court stated that “the law is clear that such sales give rise to general personal jurisdiction only where the amount of sales is ‘significant’” and concluded that the defendant’s in-forum sales and contacts were not significant such that personal jurisdiction over the defendant existed. Id. 1201-02. Likewise, other... | [
{
"docid": "305039",
"title": "",
"text": "the court found that it did not have general jurisdiction over the defendant because the defendant’s contacts with Pennsylvania were not “continuous and systematic.” Id. at 956. Among the contacts that the defendant had with Pennsylvania were the following: it ... | [
{
"docid": "13359214",
"title": "",
"text": "(4th Cir. 1972). A ratio test would also put a party at a disadvantage in attempting to establish jurisdiction over a tortfeasor that is a gigantic corporation, and might even raise equal protection difficulties. The substantiality of the revenues must be mea... |
263185 | the bankruptcy court to grant GMAC’s motion to dismiss the action. The district court affirmed, agreeing with the bankruptcy court’s ambiguity analysis and concluding that if Harvey could extinguish GMAC’s lien prior to completion of her payment schedule, it would undermine the purposes of Chapter 13. II The practice o... | [
{
"docid": "22673707",
"title": "",
"text": "Code § 9-506, 3A U. L. A. 370 (1981). The most that can be said regarding § 722 is that petitioner’s construction of § 506(d) would permit a more concise formulation: Instead of describing the redemption price as “the amount of the allowed secured claim . . .... | [
{
"docid": "3694430",
"title": "",
"text": "519 (Bankr.S.D.Cal.2010) (same). For the reasons that follow, the Court agrees with the latter group of decisions which hold that a wholly unsecured junior lien on the principal residence of a debtor can be stripped-off in chapter 13 despite the operation of §... |
247504 | cases which, giving a liberal construction to Rule 37(a) (1), consider any paper filed by the defendant with the clerk or with the court within the 10-day period to be written notice of appeal if it substantially complies with the requirements for content set forth in the Rule. In O’Neal the defendant filed an appeal b... | [
{
"docid": "13425691",
"title": "",
"text": "gave his complete name, the date and amount of the sentence, a statement of the offense (“Harrison Nar. Act. —Charge”), the place of confinement (“200 19th St. S. E. Wash. D.C.”—which is the address of the District of Columbia Jail), and his signature. In add... | [
{
"docid": "23181105",
"title": "",
"text": "filed October 20, 1967, found the basis asserted for relief was substantially the same as had been previously urged and rejected. The motion was denied without a hearing, the ruling being based largely upon this court’s previous determination that no jurisdic... |
242245 | not preserved in district court, our review is only for plain error. See United States v. Olano, 507 U.S. 725, 782, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). Under that standard, Sanchez bears the burden of showing there is a “clear” or “obvious” error that affected his substantial rights. Id. If he is able to do so, we ... | [
{
"docid": "22666691",
"title": "",
"text": "See United States v. Villegas, 404 F.3d 355, 356 (5th Cir.2005). This court finds plain error when: (1) there was an error; (2) the error was clear and obvious; and (3) the error affected the defendant’s substantial rights. Id; United States v. Olano, 507 U.S... | [
{
"docid": "22766568",
"title": "",
"text": "error review applies. II. THE LEGAL STANDARD A district court may impose any sentence upon revocation of supervised release that falls within the statutory maximum term allowed for the revocation sentence, but must consider the factors enumerated in 18 U.S.C.... |
99239 | damages will control the determination of the amount in controversy. See. e.g., Dept. of Recreation & Sports of P.R. v. World Boxing Ass’n, 942 F.2d 84, 88 (1st Cir.1991) (citing Gibbs v. Buck, 307 U.S. 66, 72, 59 S.Ct. 725, 83 L.Ed. 1111 (1939)). However, once the defendant challenges the amount of damages alleged in ... | [
{
"docid": "23264366",
"title": "",
"text": "minimu1n for diversity cases. This means that we have a responsibility to police the border of federal jurisdiction. Pratt Cent. Park Ltd. P'ship v. Dames & Moore, Inc., 60 F.3d 350, 352 (7th Cir.1995). On the other hand, determining whether a case belongs in... | [
{
"docid": "4459648",
"title": "",
"text": "judgment, alleging that none of the plaintiffs could satisfy the $75,000 amount-in-controversy requirement. The district court agreed and on July 18, 2002, once again dismissed all of the plaintiffs’ claims without prejudice for want of jurisdiction. The four ... |
493043 | military capacity at the time of the accident despite the fact that her only official, active military affiliation at the time was that as a member of the NROTC In addition, numerous circuits have found that individuals on reserve status fall within the Feres bar. See Quintana v. United States, 997 F.2d 711, 712 (10th ... | [
{
"docid": "2488171",
"title": "",
"text": "is necessary ... if they know they will subsequently be called into a civilian court to answer for their actions.” Id. at 1232. The rationale used by this court in Jaffee is equally applicable to Martinelli. Suits by reservists, albeit civilian, for injuries r... | [
{
"docid": "1010069",
"title": "",
"text": "context would constitute an “unwarranted intrusion into the military personnel structure” about which the Court has previously warned. Id. The Morrises allege that their case is distinguishable because Thompson removed on the basis of diversity of citizenship.... |
153784 | were legally sufficient, and that said (warrant thereupon issued, The defect in said warrant was not denied. The return was not traversed, but upon the hearing thereon certain carbon printed sheets were filed in or by way of evidence by the petitioner, purporting to be of that taken before the inspector who presided at... | [
{
"docid": "22758979",
"title": "",
"text": "26, 1910, amending § 3 of the act of February 20, 1907, and §§ 20 and 21 of the latter act. Section 3 provides: . . Any alien who shall be found an inmate of or connected with the management of a house of prostitution or practicing prostitution after such ali... | [
{
"docid": "5588591",
"title": "",
"text": "under the warrant were convicted of crimes under such circumstances that the Secretary without more might have found them undesirable as residents, the warrant of deportation made no such express finding. In this connection, the Supreme Court said: * *, * Ther... |
291174 | unconstitutional in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). In Apprendi, the Supreme Court held that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must b... | [
{
"docid": "12534473",
"title": "",
"text": "LOKEN, Circuit Judge. A jury convicted Forestell Norman Sheppard of conspiring to possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841 and 846. Finding that more than 500 grams of methamphetamine were involved in the offense, the... | [
{
"docid": "13113",
"title": "",
"text": "PER CURIAM. A jury convicted Robert A. Pollard of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. Based on the district court’s drug quantity finding, the district court was required to sentence Pollard to imprisonment fo... |
336256 | "27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) (defining reasonable suspicion as something more than an ""inchoate and unparticularized suspicion or 'hunch' ""). In determining whether an officer possessed reasonable suspicion to conduct a temporary investigative detention, or "" Terry stop,"" courts look only at the inform... | [
{
"docid": "18794041",
"title": "",
"text": "with intent to distribute cocaine, Poitier moved to suppress the cocaine seized from her at the airport, as well as statements she made when detained. The district court examined whether the detention was supported by a reasonable and articulable suspicion th... | [
{
"docid": "13493965",
"title": "",
"text": "[the Fourth Amendment].” Whren v. United States, 517 U.S. 806, 809-10, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). In Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the Supreme Court established a two-pronged test to determine the reasonableness ... |
313210 | Solvay engaged in misconduct during discovery and that, accordingly, (i) evidence supporting its summary judgment motion should have been excluded pursuant to Fed.R.Civ.P. 37(c)(1), or (ii) Doe should have been excused for failing to produce evidence establishing that the facts were in controversy. The difficulty with ... | [
{
"docid": "3330931",
"title": "",
"text": "blind eye to the defendants’ pressing need for additional time to conduct discovery and muster their opposition. We agree with the defendants that trial courts should refrain from entertaining summary judgment motions until after the parties have had a suffici... | [
{
"docid": "4109126",
"title": "",
"text": "in Focus, While there is no Rhode Island ease law addressing the issue of expert testimony in a legal malpractice case, a review of other jurisdictions indicates that the most widely accepted rule is that a legal malpractice plaintiff must present expert testi... |
633459 | allowed secured claim for post-petition interest is limited to the amount that a creditor was oversecured at the time of filing.” See Orix Credit Alliance, Inc. v. Delta Resources, Inc. (In re Delta Resources, Inc.), 54 F.3d 722, 729 (11th Cir.1995), cert. denied, 516 U.S. 980, 116 S.Ct. 488, 133 L.Ed.2d 415 (1995). Th... | [
{
"docid": "18850507",
"title": "",
"text": "overseeured earlier in the bankruptcy proceedings — the value of the Melrose Avenue property simply declined between the filing of the petition and the time the property was sold. FMCC contends that so long as a creditor is overseeured at some point postpetit... | [
{
"docid": "12912932",
"title": "",
"text": "Orix Credit Alliance, Inc. v. Delta Resources, Inc. (In re Delta Resources, Inc.), 54 F.3d 722, 729 (11th Cir.) (“[A]n oversecured creditor ... is entitled to receive postpetition interest as part of its claim at the time of confirmation of a plan or reorgani... |
16752 | up a trust with his newly born grandson as the beneficiary. The trustee was to hold the funds unless the beneficiary or his legally appointed guardian demanded that the ■ trust be terminated. The Commissioner urged that the grandson could not effectively make such a demand and that no guardian had been appointed. The c... | [
{
"docid": "18173216",
"title": "",
"text": "unqualified direction to the trustees to pay the principal or income of the trusts on demand of the beneficiary. Kieckhefer v. Commissioner, 7 Cir., 189 F.2d 118, 121, is an authority in point on the issue here presented. There, the donor created a trust for ... | [
{
"docid": "10275320",
"title": "",
"text": "as of the date of the gift, did not receive the right to immediate beneficial enjoyment of any part of the income or principal of a trust. Welch v. Paine, supra at 992. It must be noted, further, that because of the contingency contained in paragraph (c) of e... |
630159 | on the basis of eleventh amendment immunity, and thus this issue is one of first impression in the partial-birth abortion arena. Moreover, the court is aware of only three decisions addressing general abortion statutes in which such a defense was raised. See Jane L. v. Bangerter, 794 F.Supp. 1528, 1530-31 (D.Utah 1992)... | [
{
"docid": "8666464",
"title": "",
"text": "subjected to physical abuse in her home. Roe has been refused an abortion at the Akron Center because of the imminent operation of H.B. 319. Defendant Gary M. Rosen is the City Prosecutor for the City of Akron, Ohio. Defendant Lynn Slaby is the Prosecuting Att... | [
{
"docid": "22979662",
"title": "",
"text": "this action include the Akron Center for Reproductive Health, a facility that provides abortions; Max Pierre Gaujean, M. D., a physician who performs abortions at the Akron Center; and Rachael Roe, an unmarried, un-emancipated, minor woman, who sought an abor... |
85828 | out for [his] opinion for the neglect of Harrison [Township] and for demands of [his] fire money.” (Id. ¶ 26.) Defendants contend that plaintiff did not state a valid equal protection claim because he is not a member of a protected class and did not allege that other similarly situated people were differently treated. ... | [
{
"docid": "22102035",
"title": "",
"text": "plaintiff. See Cito, 892 F.2d at 25; Bougher, 882 F.2d at 80. Because Dique was reasonably unaware of his injury based on the Officers’ alleged conspiracy, the discovery rule postponed accrual until July 2001. Due to the fact, however, that he filed his consp... | [
{
"docid": "21657568",
"title": "",
"text": "equal protection challenge on a “class of one” theory by proving that, (1) “she has been intentionally treated differently from others similarly situated,” and (2) “there is no rational basis for the difference in treatment.” Village of Willowbrook v. Olech, ... |
430543 | PER CURIAM: The attorney appointed to represent Olaya Garcia-Orrantia has moved for leave to withdraw and has filed a brief in accordance with REDACTED Garcia-Orrantia has filed a response in which she moves for the appointment of new appellate counsel and alleges ineffective assistance of plea counsel and appellate c... | [
{
"docid": "19929167",
"title": "",
"text": "character of the Defendant and the nature of the crime, which are important § 3553(a) factors. Defendant was sentenced to 78 months. On February 9, 2006, Pulyer’s counsel filed an Anders brief arguing only that the right to appeal was waived by the agreement ... | [
{
"docid": "22667454",
"title": "",
"text": "reasonable doubt. Villarreal, 324 F.3d at 322 (5th Cir.2003). B. AIDING AND ABETTING POSSESSION WITH INTENT TO MANUFACTURE To prove possession with intent to manufacture, the Government was required to prove (1) that Cantwell knowingly possessed pseudoephedri... |
819125 | v. Alabama, 399 U.S. 1, 90 S. Ct. 1999, 26 L.Ed.2d 387 (1970). A persuasive argument could be made that it is inconsistent to accord full retroac-tivity to the right to counsel at a juvenile certification proceeding when it is denied to an adult defendant at a preliminary hearing. Kent was decided in 1966; the certific... | [
{
"docid": "9772381",
"title": "",
"text": "posed by the appeal is not whether we should grant the writ of habeas corpus and set Davis free but whether the state court records were adequate to justify the District Court’s denial of the petition without holding an evidentiary hearing. In 1947, after thre... | [
{
"docid": "13241910",
"title": "",
"text": "held before the Honorable Theodore Spaulding on July 30, 1957, at which a prima facie case of murder was made out and he was indicted for murder on July 31,1957. Relator was 16 years old when his guilty plea was made on September 4, 1957, with the advice of c... |
493331 | amended on advice of counsel is a waiver of the attorney-client privilege with respect to that advice. Finally, the defendant has raised Preller’s professional conduct as a basis for either quashing the indictment or excluding evidence. See defendant’s ex parte Motion to Quash Indictment, etc. at 11 (“prohibition again... | [
{
"docid": "12808545",
"title": "",
"text": "original kidnapping trial. Tasby was a major participant. He knew the date and further could confirm it if he so desired. This issue is patently frivolous. It relates only to court records and only concerns court proceedings in which the defendant was a party... | [
{
"docid": "23044589",
"title": "",
"text": "see 204 Pa.Code § 81.4 (Rule 1.6(a) and (d)). Thus, as Creamer owed a duty to his former clients not to reveal this information, and as an actual conflict of interest therefore existed, the district court properly disqualified the Sprague firm. III. SUPPRESSI... |
815968 | or a negative answer to question two or four, results in a determination of no dis ability. An affirmative answer to question three or five establishes disability. See id. §§ 404.1520, 416.920. The burden of proof and production rests on the claimant during the first four steps, but shifts to the Commissioner on the fi... | [
{
"docid": "23048386",
"title": "",
"text": "evidence for claimant was “stronger than that for the government,” but that the “substantial evidence” rule necessitated granting of summary judgment for the Secretary. He found substantial evidence to support the Secretary’s determination almost exclusively ... | [
{
"docid": "21182242",
"title": "",
"text": "the regulations, the ALJ then asks whether she has residual functional capacity to perform her past work despite her severe impairment. 5. If she is unable to perform her past work, the burden shifts to the ALJ to prove that the claimant retains the residual ... |
418945 | forth several public interest and economic policy arguments in favor of and against the rule. These arguments belong before the FCC; it is not the court’s role to weigh the competing economic policy arguments to determine whether the rule is wise or should be changed. Preemption The banks argue that state law gives the... | [
{
"docid": "22454381",
"title": "",
"text": "the transmission of broadcast signals by cable, though without pre-empting regulation of similar matters by state or local franchising authorities. Cable Television Report and Order, 36 F. C. C. 2d 143, on reconsideration, 36 F. C. C. 2d 326 (1972), aff’d sub... | [
{
"docid": "12718367",
"title": "",
"text": "taxpayers. That harm may be caused by the sincere who would do good is but a price to be paid, lest no good be ever done. In this particular case, however, the circumstances tend to confirm the wisdom animating the Sherman Act, its national policy insistence ... |
619713 | not equal a listed impairment in the regulations. Comstock argues that the ALJ failed to properly consider his mental impairments. Comstock was diagnosed with alcohol abuse and dysthymic disorder in a psychological evaluation performed in October 1982. The evaluation recommended that Comstock seek professional treatmen... | [
{
"docid": "4885423",
"title": "",
"text": "evidence showing Mapes’s ability to control his alcoholism is strengthened when viewed in light of his capacity to engage in substantial gainful activity. Although Mapes worked only intermittently during the relevant time period, there is no indication in the ... | [
{
"docid": "21097876",
"title": "",
"text": "Gwathney v. Chater, 104 F.3d 1043, 1045 (8th Cir.1997) (claimant’s “failure to seek medical assistance for her alleged physical ... impairments contradicts her subjective complaints of disabling conditions and supports the ALJ’s decision to deny benefits”). T... |
102927 | its shareholders certain notes which had been charged off as worthless. At the time of distribution substantial collections had been effected on the notes and further substantial collections were effected after distribution. The Court of Appeals held the bank taxable under the anticipatory assignment of income rule. Ob... | [
{
"docid": "8164810",
"title": "",
"text": "the court, under similar circumstances, followed Floyd v. Scofield, supra, it was stated at page 530 of 292 F.2d: “In any case the outcome hinges upon whether there had been a realization of income By the distributing corporation. It is fundamental that all ec... | [
{
"docid": "23068939",
"title": "",
"text": "liquidating corporations to avoid a double incidence of capital gains taxation — once when capital assets are sold by the corporation, and again on distribution of the proceeds to the shareholders. Congress, however, clearly indicated that it did not intend s... |
275782 | the District Court. Notwithstanding continuing District Court proceedings, the School Board filed its notice of appeal on June 10, 2004, seeking interlocutory relief with regard to the District Court’s stay-put order. M.S. graduated in June 2004. Standard of Review and Jurisdiction As we deny the School Board all relie... | [
{
"docid": "23487472",
"title": "",
"text": "OPINION OF THE COURT MANSMANN, Circuit Judge. This matter, arising under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1415 et seq., requires that we determine whether the parents of a student eligible for programs and services under t... | [
{
"docid": "23487476",
"title": "",
"text": "motion for stay pending appeal filed pursuant to Fed.R.Civ.P. 62(d) and (f), Susquenita asked that the district court stay the appeals panel decision “insofar as it directs Susquenita to reimburse the parents for expenses and ... states that Raelee’s placemen... |
65864 | "at first hand the operations of his government, he relies necessarily upon the press... .With respect to judicial proceedings in particular, the function of the press serves to...bring to bear the beneficial effects of public scrutiny upon the administration of justice.” Cox Broad. Corp. v. Cohn, 420 U.S. 469, 491-92,... | [
{
"docid": "22721375",
"title": "",
"text": "private information.” United States v. Nobles, 422 U. S. 225, 233 n. 7 (1975). Insofar as private information not obtained through compelled self-incriminating testimony is legally protected, its protection stems from other sources — the Fourth Amendment's pr... | [
{
"docid": "8166293",
"title": "",
"text": "secure a right of access to civil proceedings.”); In re Cont’l Ill. Sec. Litig., 732 F.2d 1302, 1308 (7th Cir.1984) (finding a right of access to litigation committee reports in shareholder derivative suits); Brown & Williamson Tobacco Corp. v. Fed. Trade Comm... |
411028 | show how the Mayerson Defendants infringed his contractual or other rights protected by the two statutes. From the face of the Complaint, the Mayerson Defendants did nothing more than represent Dawn Middleton in the Family Court proceedings. While the statutes protect access to courts to adjudicate contractual rights, ... | [
{
"docid": "14384290",
"title": "",
"text": "a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible.”). The Court is generally limited to “the factual allegations in ... [the] complaint, ... to documents attached to the complaint as an ex... | [
{
"docid": "23650500",
"title": "",
"text": "§ 1981. Instead, it is for violations of “constitutional rights ... se cured pursuant to the 5th Amendment and Hth Amendment of the United States Constitution”: (1) an equal protection claim (presumably) against Thomas; and (2) a deliberate indifference claim... |
323422 | mistrial argument, premised as it is on the allegedly erroneous denial of a motion for a judgment of acquittal on a charge later rejected by the jury with a not guilty verdict. Although Freeman’s logic in pursuing this argument is not always clear, we divine this meaning in his claim. If a defendant in a trial involvin... | [
{
"docid": "2144668",
"title": "",
"text": "TORRUELLA, Circuit Judge. The facts of this case are reported in United States v. McNatt, 637 F.Supp. 882 (D.Mass.1986) and under the same name in 813 F.2d 499 (1st Cir.1987). We will therefore merely outline the facts relevant to this appeal. Appellant McNatt... | [
{
"docid": "2293277",
"title": "",
"text": "government presented its final two witnesses. After the government rested, Freeman renewed his motions for a judgment of acquittal and a mistrial. Again, the court denied the motion for a judgment of acquittal and left the motion for a mistrial under advisemen... |
282848 | evidence presented by them. Moreover, it is not at all clear that plaintiffs had the burden of disproving improper motive. See Grogan v. Babson Brothers Company of Illinois, 101 F.R.D. 697, 699 (N.D.N.Y.1984) [court may permit addition of nondiverse defendant even though it necessitates remand “when there is no showing... | [
{
"docid": "18873379",
"title": "",
"text": "§ 1447(c). Plaintiff’s motion will, therefore, be denied. Section 1447(c) provides, in part, that “[i]f at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case, an... | [
{
"docid": "18309948",
"title": "",
"text": "broadest possible scope of action consistent with fairness to the parties; joinder of claims, parties and remedies is strongly encouraged.” United Mine Workers of America v. Gibbs, 383 U.S. 715, 724, 86 S.Ct. 1130, 1138, 16 L.Ed.2d 218 (1966). In the case at ... |
240552 | "began in 2000 — conduct for which he was found guilty of bribery by an Italian Court in 2008' — is insufficiently linked to the allegation of a domestic conspiracy to fix the prices of blood reagents, first because it has no bearing on Ortho-Clinical’s agreement to participate in the conspiracy, and second because it ... | [
{
"docid": "12586985",
"title": "",
"text": "Plumbing Tubes in a continuous and uninterrupted flow in interstate commerce to customers located in states other than the states in which the Defendants produced Copper Tubing.” (Consol. Am. Class Action Compl. ¶ 44.) (emphasis added). Plaintiffs go on to al... | [
{
"docid": "5782335",
"title": "",
"text": "F.Supp.2d 538, 576-577 (M.D.Pa.2009) (distinguishing In re Elevator and holding that “Defendants’ alleged [anticompetitive] conduct in Canada enhances the plausibility of the alleged U.S. price-fixing conspiracy.”). In re Parcel Tanker Shipping Servs. Antitrus... |
208761 | held that Section 101(a)(1) of the LMRDA “is no more than a command that members and classes of members shall not be discriminated against in their right to nominate and vote.” Id. at 139, 85 S.Ct. 292. In this regard, the Seventh Circuit has taught that Section 101(a)(1) “says only that when voting occurs every union ... | [
{
"docid": "23559811",
"title": "",
"text": "that they had already pleaded the requisite facts to state causes of action under §§ 101 and 501 of the LMRDA. In their third amended complaint, the plaintiffs alleged that “the mem bers of the Union never voted to accept the [collective bargaining agreement ... | [
{
"docid": "9497942",
"title": "",
"text": "were pursuing their claim under Title IV. IV. The plaintiffs have failed to demonstrate that they have a likelihood of succeeding on their claim that the meeting attendance requirement is invalid under Title I because it disqualifies over ninety-five percent o... |
882943 | the PSI’s conclusion that he did not qualify for a reduction for acceptance of responsibility on the basis of the August 16, 2007 arrest, because that arrest occurred before he was indicted in this case on October 25, 2007. At resentencing on March 1, 2010, the district court once again imposed a sentence of 151 months... | [
{
"docid": "22334022",
"title": "",
"text": "Though United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), has rendered the Sentencing Guidelines advisory, the standards of review remain the same. United States v. Crawford, 407 F.3d 1174, 1178 (11th Cir. 2005). When a district cou... | [
{
"docid": "22762669",
"title": "",
"text": "the chapter seven guidelines’ recommended sentencing range for an abuse of discretion. See United States v. Hofierka, 83 F.3d 357, 361-62 (11th Cir.1996). Where a defendant raises a sentencing argument for the first time on appeal, we review for plain error. ... |
266106 | the provision quoted by Wood states that such a deal will be handled outside the FY 2009 Program Guide “at the sole discretion of Sales Management and Sales Finance.” (FY 2009 Program Guide § 16.1 (emphasis added).) Section 1.6 similarly states that “Commissions are earned when Symantec receives full payment from the c... | [
{
"docid": "106562",
"title": "",
"text": "of Mitchell Moore, plaintiffs supervisor, and Carmella Surdyk. However, Moore testified that an exchange of assets deal was an example of a project and that the special accounts he was familiar with were “inter-company accounts.” Moore Dep., Jan. 21, 2003, at 5... | [
{
"docid": "9883359",
"title": "",
"text": "which the option is being exercised, but in no event shall exceed a maximum monthly rate of 66 vehicles per month. (3) The unit price(s) to be paid for vehicles added by option exercise shall be no higher than the original unit price specified in the contract.... |
808142 | rather than a low-end, sentence. We discern no error in the district court’s conclusion that counsel was not ineffective for failing to raise the first claim. The district court found that the first prong of the Strickland test was not satisfied because it was a reasonable decision by counsel not to raise the claim giv... | [
{
"docid": "15441139",
"title": "",
"text": "at 1326, and “will recommend” as used in this plea agreement, are legally indistinguishable. The government’s obligation to make a nonbinding recommendation was satisfied under the circumstances given our precedent. It is telling that Smith never dis cusses e... | [
{
"docid": "15933159",
"title": "",
"text": "it is factor that, would warrant that sentence .... App. at 78-80 (emphases added). The plea agreement provided that each side retained the right to allocute at sentencing. This is the essence of the government’s allocution on this issue before the District C... |
699418 | "system of air conditioning (for which money has not been appropriated). A fire door is needed for surgery and a contiguous room for post-operative care, and a dietary kitchen is required. The latter is under construction. . This compares with Department projections of a 69 inmate increase per week. . Narrative Stateme... | [
{
"docid": "12296714",
"title": "",
"text": "California Department of Corrections and the wardens and superintendents of the above-listed institutions. This decision applies only to conditions at San Quentin and Folsom, which were the subject of a trial before the Court beginning November 7, 1983, and e... | [
{
"docid": "23598518",
"title": "",
"text": "double celling at the State Prison at Pontiac, Illinois in Smith v. Fairman, 690 F.2d 122 (1982), cert. denied, 461 U.S. 946, 103 S.Ct. 2125, 77 L.Ed.2d 1304 (1983). Pontiac’s double cells ranged in size from 55 to 65 square feet, giving prisoners there 20 to... |
579003 | made any conveyances to third parties or that she was in possession of any property that should have been disclosed in the Defendant’s schedules or petition. Finally, the Defendant argues the Plaintiff does not point to any code section requiring criminal proceedings to be stated in a petition or schedules. (1) The Cla... | [
{
"docid": "1198871",
"title": "",
"text": "not refuted by the plaintiff. The court finds that the plaintiff has not established by clear and convincing evidence grounds for denying the debtors’ discharge under 11 U.S.C. § 727(a)(2). 11 U.S.C. § 727(a)(3) provides that the court shall not grant a debtor... | [
{
"docid": "4797240",
"title": "",
"text": "to do so requires the court to deny the debt- or’s discharge under Section 727(a)(5). This court also finds that the debtor’s discharge should be denied pursuant to Section 727(a)(4)(A), which provides: (a) The court shall grant the debtor a discharge, unless—... |
453498 | search of a car parked in the driveway of a residence. Id. However, other courts have expressed reservations about applying the automobile exception doctrine to cars encountered on private property. See United States v. Fields, 456 F.3d 519, 524-25 (5th Cir.2006) (noting that the automobile exception “may not apply whe... | [
{
"docid": "3714262",
"title": "",
"text": "it was being used as a vehicle and not as a residence, and, accordingly, upheld the warrantless search of Mr. Carney’s motor home on the basis of the automobile exception. Although this case presents a variation on Carney because the vehicle searched was parke... | [
{
"docid": "12159100",
"title": "",
"text": "where the stoppage of movement itself constitutes a substantial intrusion, and is not applicable to a parked and unoccupied car, where all that is needed is a non-intrusive overwatch. The application of the Carroll doctrine, as characterized in Chambers, to u... |
680554 | the property described in § 541(a). Pursuant to § 522, debtors are allowed to exempt property from that estate. Bankruptcy Rules 1007(c) and 4003(a) require debtors to list the property they claim as exempt within fifteen days of filing a voluntary bankruptcy petition; Rule 1009(a) allows exemption claims to be amended... | [
{
"docid": "18894209",
"title": "",
"text": "LOGAN, Circuit Judge. H. Christopher Clark, the trustee in this Chapter 7 bankruptcy proceeding, appeals the district court’s order that reversed an extension of time the bankruptcy court granted the trustee to file objections to exemptions claimed by the deb... | [
{
"docid": "6503167",
"title": "",
"text": "and uncontrolled scramble for the debtor’s assets in a variety of uncoordinated proceedings in different courts.” In re Rimsat, Ltd., 98 F.3d 956, 961 (7th Cir.1996). The filing of a bankruptcy petition ... operates as a stay, applicable to all entities of (1)... |
100885 | or source. Distinctiveness is measured along an increasing scale: (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful. Two Pesos, 505 U.S. at 767, 112 S.Ct. at 2757 (citation omitted). This characterization adapts the standards for distinctiveness under trademark law to the context of trade dre... | [
{
"docid": "23232661",
"title": "",
"text": "into the mainstream of trademark law.” 1 McCarthy, supra, at 287. See also CPG Products Corp. v. Pegasus Luggage, Inc., 776 F.2d 1007, 1011-12 (Fed.Cir.1985); University of Georgia Athletic Ass’n v. Laite, 756 F.2d 1535, 1541 and n. 14 (11th Cir.1985); LeSpor... | [
{
"docid": "7671091",
"title": "",
"text": "addition to the factors recognized by the Supreme Court on this subject, cases in the Eleventh Circuit also evaluate distinctiveness in terms of (1) whether a shape or design is common, (2) whether it is unique in a particular field, and (3) whether it is a me... |
83937 | "enhancement when PSR contained victim’s statement that, after being sprayed in the eyes with pepper spray, she felt a burning sensation that prevented her from wearing contact lenses). . It is unclear whether the District Court took this part of Siedel’s testimony into account. We do not appear to have decided whether... | [
{
"docid": "16428123",
"title": "",
"text": "enhancement for \"permanent or life-threatening bodily injury” even if the physical injuries resulting from the maltreatment were not themselves life-threatening or permanent. Notably, however, that case involved a carjacking where the victim was thrown into ... | [
{
"docid": "19783147",
"title": "",
"text": "Cir.1995)), hearsay statements are “often an integral part of the sentencing process.” Id. In fact, there are few limitations on the types of evidence a sentencing judge may consider, as long as it has “sufficient indicia of reliability to support its probabl... |
536179 | (diversity) & § 1338 (copyright). This court has jurisdiction under 28 U.S.C. § 1291. We review the district court's dismissal for abuse of discretion. “The forum non conveniens determination is committed to the sound discretion of the trial court. It may be reversed only when there has been a clear abuse of discretion... | [
{
"docid": "23512692",
"title": "",
"text": "reversed only when there has been a clear abuse of discretion; where the court has considered all relevant public and private interest factors, and where its balancing of these factors is reasonable, its decision deserves substantial deference.” Piper Aircraf... | [
{
"docid": "1630547",
"title": "",
"text": "quotation marks and citation omitted); see also Kamel v. Hill-Rom Co., 108 F.3d 799, 802 (7th Cir.1997) (forum non conveniens dismissal appropriate when dismissal “best serves the convenience of the parties and the ends of justice”), citing Gulf Oil Corp. v. G... |
80928 | legal system that regards warrantless searches as “per se unreasonable” in the absence of “exigent circumstances.” Id. at 469-471, 91 S.Ct. at 2040 (footnote omitted). All this leaves the question as to how the inadvertence requirement is satisfied. It has been held that inadvertence is synonymous with an inability to ... | [
{
"docid": "23608099",
"title": "",
"text": "U.S. 347, n. 19, 88 S.Ct. 507, 19 L.Ed.2d 576; Camara v. Municipal Court, 1967, 387 U.S. 523, 529, 87 S.Ct. 1727, 18 L.Ed.2d 930. The Court continues to stress the desirability of obtaining a search warrant when it is reasonably practicable to do so. See, e. ... | [
{
"docid": "18174650",
"title": "",
"text": "in Coolidge sets forth three requirements for a valid plain view seizure. First, there must be a legitimate prior justification for the officer’s presence. Id. at 466, 91 S.Ct. at 2038. Second, the discovery must be “inadvertent.” Id. at 469, 91 S.Ct. at 2040... |
18056 | district court granted Prieto’s § 3582 motion and recalculated Prieto’s sentence without the five-level increase, which resulted in an overall 27-month decrease in Prieto’s total term of imprisonment. Thus, Prieto received a 351-month total sentence. Prieto then filed this appeal, “Prieto II,” arguing that the district... | [
{
"docid": "22734869",
"title": "",
"text": "court made an off-hand general remark about psychiatric treatment after the sentence was completed. Vautier’s new counsel now challenges that remark, even though no objections were made by prior counsel at the time. A reading of the challenged reference to ps... | [
{
"docid": "22875815",
"title": "",
"text": "imprisonment pursuant to 18 U.S.C. § 3582(c)(2). He argued that the November 1, 1993 retroactive amendment of U.S.S.G. § 2Dl.l(e), known as Amendment 488, would result in a sentence less than the eighty-four months’ imprisonment he had received. The district ... |
173434 | protection claim in Pruitt, 963 F.2d at 1164. Here, the regulation as applied to Meinhold assumes that persons who say they are gay, but who have not acted in accordance with their propensity in the past, will nevertheless act in accordance with their propensity in the future — whether or not to do so is lawful or acce... | [
{
"docid": "23419972",
"title": "",
"text": "protection of the Fourteenth Amendment by the Due Process Clause of the Fifth Amendment, see Bolling, 347 U.S. at 499, 74 S.Ct. at 694, and if there is no fundamental right to engage in homosexual sodomy under the Due Process Clause of the Fifth Amendment, se... | [
{
"docid": "11003961",
"title": "",
"text": "not in any way suggest that we should abstain from consideration of this question. In that case, unlike in that sub judice, the plaintiff had abandoned his constitutional argument altogether. . Obviously it is this propensity, this attraction for members of t... |
130002 | the greater care required in admitting evidence of prior acts, we still review a district court’s determinations of the admissibility of evidence under Rule 404(b) for abuse of discretion, as we do generally for evidentiary rulings. See, e.g., United States v. Greenwood, 796 F.2d 49, 53 (4th Cir.1986). Notwithstanding ... | [
{
"docid": "15300009",
"title": "",
"text": "465 F.2d 1277, 1290 (4th Cir.1972) (Sobeloff, J., concurring in part and dissenting in part). We have admitted evidence of other acts on the issue of intent, for example, where the defendant claimed that “he was present but innocent” during the sale of the dr... | [
{
"docid": "17140169",
"title": "",
"text": "should consider the evidence concerning such a statement with caution and great care and should give such weight to the statement as you believe it deserves under all the circumstances. IV R. 253 (emphasis added). Inherent in defendant’s assertion that the di... |
328661 | unsound for several reasons. Ideas as such are not subject to copyright. Ansehl v. Puritan Pharmaceutical Co., 8 Cir., 61 F.2d 131; cer-tiorari denied, 287 U.S. 666, 53 S.Ct. 224, 77 L.Ed. 574; Dorsey v. Old Surety Life Ins. Co., 10 Cir., 98 F.2d 872, 119 A.L.R. 1250; Kaeser & Blair, Inc., v. Merchants’ Ass’n, Inc., 6 ... | [
{
"docid": "13562205",
"title": "",
"text": "in a monopoly to the plaintiff, preventing any other person from entering the field and, through his own efforts and the expenditure of time and money in advertising, etc., building up a business of supplying to moving picture houses, and others, advertising ... | [
{
"docid": "23547327",
"title": "",
"text": "requires that all elements of each card, including text, arrangement of text, art work, and association between art work and text, be considered as a whole. Considering all of these elements together, the Roth cards are, in our opinion, both original and copy... |
706141 | "step three or four was not satisfied, United States v. Johnson, — Fed.Appx.-, No. 12-4155, 2013 WL 3069776, at *8 (4th Cir. June 20, 2013) (holding that sentencing error was not plain but further holding that defendant failed to satisfy step three of Olano, stating: ""Unfortunately for Johnson, even assuming arguendo ... | [
{
"docid": "7918087",
"title": "",
"text": "sentence. II. Section 5G1.3 of the Guidelines provides instructions concerning the imposition of sentence when the defendant is subject to an undischarged term of imprisonment. At the time of Rouse’s sentencing, § 5G1.3 provided in pertinent part: (b) If ... t... | [
{
"docid": "22307253",
"title": "",
"text": "error review applied to a district court’s failure to impose a concurrent federal sentence; the court imposed instead a departure sentence of ten years to be served consecutively to an active six-year state sentence defendant was then serving. Remarkably, the... |
521633 | magistrate acknowledged that appellant’s allegations would state a claim upon which relief could be granted if the claim were properly pleaded. He analyzed separately the allegations made against each defendant, concluding that they were too vague and conclusory to establish a sufficient claim. The magistrate recommend... | [
{
"docid": "22650844",
"title": "",
"text": "Court granted respondents’ motion under Rule 12 (b) (6) of the Federal Rules of Civil Procedure to dismiss the complaint for failure to state a claim upon which relief could be granted, suggesting that only under exceptional circumstances should courts inquir... | [
{
"docid": "9437730",
"title": "",
"text": "Dismissal under either would be improper. A district court’s authority to dismiss a claim under Fed.R.Civ.P. 12 is more narrow than its authority under section 28 U.S.C. § 1915(d). Montana v. Commissioner’s Court, 659 F.2d 19, 21 (5th Cir.1981), cert. denied, ... |
78672 | case under Burford, it notes the following factors that would favor Burford -type dismissal. First, the shelters’ suspension procedures are a sensitive issue of local concern. The state courts are better equipped to evaluate the procedures that would operate most effectively in its shelters. In order to determine what ... | [
{
"docid": "22652460",
"title": "",
"text": "copy of the charge, reasonable time for filing a written response, and an opportunity for an oral appearance. Following dismissal, an evidentiary hearing was provided. 416 U. S., at 142-146. These decisions underscore the truism that “ ‘[d]ue process,’ unlike... | [
{
"docid": "5200521",
"title": "",
"text": "v. City of Huntsville, 30 F.3d 1332, 1345 (11th Cir.1994). But the initial question we decide is not whether Plaintiffs have forfeited a liberty interest by trespass or other violation of law, but what interest Plaintiffs allege they possessed (and then have b... |
86368 | plaintiffs have been denied the benefit of reviewing documents in the possession of defendant Rankins. Id. 1155. B. Sovereign Immunity Although the issue was not raised by any party, this court notes that defendants are former and current public officials represented by a publicly employed lawyer. Imposing a judgment t... | [
{
"docid": "22581634",
"title": "",
"text": "798 F.2d 348, 350 (9th Cir.1985) (imposing monetary penalty against government under Fed.R.Civ.P. 60(b) without addressing sovereign immunity); United States v. National Medical Enters., Inc., 792 F.2d 906, 910-11 (9th Cir.1986) (upholding penalty against gov... | [
{
"docid": "22221803",
"title": "",
"text": "it granted Adam-son’s Rule 11 motion, the district court declined to certify the proposed class action. Both sides have appealed aspects of the district court’s rulings. The Secretary asserts that (1) the Rule 11 sanctions are barred by sovereign immunity; an... |
856933 | acting in violation of the law does not make out a case of aiding and abetting against the clearing broker. Greenberg, 220 F.3d at 28 (quotation marks omitted). Moreover, courts have refused to hold clearing firms liable for the practices of introducing brokers even where the clearing firm continued to provided clearin... | [
{
"docid": "5700316",
"title": "",
"text": "within the meaning of Section 10(b). Id.; see also, Dillon v. Militano, 731 F.Supp. 634 (S.D.N.Y.1990) (dismissing a manipulation claim against a clearing broker because there was no allegation that the broker was making decisions regarding the introducing bro... | [
{
"docid": "6207798",
"title": "",
"text": "give rise to an inference of fraud. It reflects nothing more than the standard practice of clearing brokers to look first to the introducing broker’s customer for payment and, in the event of non-payment, to inform the introducing broker. The insufficiency of ... |
615742 | provide compensation for a class of employees at work on a vessel in navigable waters who, although they might be classed as seamen (International Stevedoring Co. v. Haverty, supra [272 U.S. 50, 47 S.Ct. 19, 71 L.Ed. 157]), were still regarded as distinct from members of a ‘crew’. They were persons serving on vessels, ... | [
{
"docid": "17766649",
"title": "",
"text": "the circumstances of each case. Mr. Chief Justice Hughes, in the case of Nogueira v. New York, N. H. & H. R. Co., 281 U.S. 128, 50 S.Ct. 303, 74 L.Ed. 754, commenting upon the legislative history of the Act, among other things, says at page 136, 50 S. Ct. at ... | [
{
"docid": "22634237",
"title": "",
"text": "certiorari, reversed this Court, and remanded the case to the district court with directions to reinstate its judgment. The Supreme Court, without discussing the law, cited four cases in Gianfala: South Chicago Coal & Dock Co. v. Bas sett, 1940, 309 U.S. 251,... |
235095 | was not within the theft deduction provided by Sec. 23(e) on reason and on authority. We reject it on-reason because the word “theft” is not like “larceny”, a technical word of art with a narrowly defined meaning but is, on the contrary, a word of general and broad connotation, intended to cover and covering any crimin... | [
{
"docid": "13624009",
"title": "",
"text": "loss deductible under section 23 (e) (3) because in that case there would be no theft, or anything resembling theft, of any of the money paid by the petitioners to Landstrom. Likewise, if Landstrom, without spending all of the money paid to him, had placed a ... | [
{
"docid": "5184065",
"title": "",
"text": "and the exact nature of the crime, whether larceny or obtaining money under false pretenses, is of little importance. The respondent argues that, admitting the loss by theft, the petitioner is not entitled to a deduction under the provisions of section 23 (e) ... |
10058 | in such capacity to any employee benefit plans. ERISA permits injunctive relief, including the removal of a fiduciary, as a remedy for a violation of its provisions. 29 U.S.C. § 1109(a). Moreover, violation of one of ERISA’s statutory obligations or even “honest but imprudent” conduct is sufficient grounds for removing... | [
{
"docid": "22103112",
"title": "",
"text": "equitable remedies. However, ERISA provides that: “Any person who is a fiduciary with respect to [a covered employee benefit] plan who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries by this subchapter ... shall be subjec... | [
{
"docid": "16979563",
"title": "",
"text": "of which were well supported by the record evidence. RJR’s challenge to those findings fails. IV. We next address the district court’s holding with respect to which party bears the burden of proof as to loss causation. A breach of fiduciary duty “does not aut... |
729142 | time for a direct appeal that invokes grounds mentioned in § 2255 ¶ 1 is a collateral attack. Melton v. United States, 359 F.3d 855, 857 (7th Cir.2004); United States v. Evans, 224 F.3d 670, 672 (7th Cir.2000). We therefore recognize Bogan’s “petition” as a motion to vacate the judgment under § 2255. And it is well set... | [
{
"docid": "10845905",
"title": "",
"text": "PER CURIAM. Some years ago, Willie Edwards was charged and convicted on one count of conspiring to distribute heroin and cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and another count of using a telephone to facilitate the distribution of heroin a... | [
{
"docid": "8039613",
"title": "",
"text": "case today where [a writ of coram nobis ] would be necessary or appropriate.” United States v. Smith, 331 U.S. [469], at 475, n. 4, 67 S.Ct. 1330, 91 L.Ed. 1610 [(1947)]. In the present case, Rule 29 provides the applicable law. 517 U.S. at 429, 116 S.Ct. 1460... |
344022 | violation of 21 U.S.C. § 841(a)(1), (b)(1)(A) (2012). The district court sentenced Valle to eighty-seven months’ imprisonment. On appeal, counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that there are no meritorious issues for appeal, but questioni... | [
{
"docid": "22674051",
"title": "",
"text": "not have cause to withdraw his pleas; and (4) failing to establish a factual basis for his guilty pleas. Finally, Martinez contests his convictions and sentence on the basis that Apprendi rendered 21 U.S.C. § 841, the substantive statute forming the object of... | [
{
"docid": "2258348",
"title": "",
"text": "after he submitted his motion to withdraw. Cf. United States v. Welker, 103 Fed.Appx. 72, 73 (8th Cir.2004) (per curiam) (reversing the district court’s decision denying the defendant’s withdrawal request because “[t]he government conceded error on this issue,... |
746519 | 321, 324 (D.C.Cir.2003), the D.C. Circuit found that the “District Court was correct to exclude from evidence the list of employers identified by race and sex, and witness’ observations about the race and sex of employees, in the absence of an expert who could testify that the alleged underrepresentation was statistica... | [
{
"docid": "14841740",
"title": "",
"text": "type of statistical analyses at issue with respect to plaintiffs’ prima facie case is referred to as a pools analysis. This Circuit has held that a pools analysis, standing alone, that demonstrates a statistically significant adverse result for a protected cl... | [
{
"docid": "20328597",
"title": "",
"text": "motion for summary judgment, but that the government might respond to a motion filed before the close of discovery by asking for time to complete discovery under Rule 56. Id. at 6-7. Accepting Judge Robertson’s invitation, Shea promptly filed his Motion for S... |
207535 | state, but certain “minimum contacts” must exist to establish specific jurisdiction. See Core-Vent Corp. v. Nobel Indus. AB, 11 F.3d 1482, 1485 (9th Cir.1993). In the Core-Vent Corp. case, the Ninth Circuit gave the following analysis: (A) The nonresident defendant must purposefully direct his activities or consummate ... | [
{
"docid": "23213661",
"title": "",
"text": "specific jurisdiction depending on the quality and nature of the defendant’s contacts with the forum state in relation to the cause of action. Data Disc, 557 F.2d at 1287. We use a tripartite analysis in determining specific jurisdiction: (1) the nonresident ... | [
{
"docid": "22035271",
"title": "",
"text": "error. Adler v. Federal Rep. of Nig., 107 F.3d 720, 723 (9th Cir.1997). There is no applicable federal statute governing personal jurisdiction in this case. Accordingly, we apply the law of California, the state in which the district court sits. Core-Vent Cor... |
580043 | to be’ the maximum prescribed by the law, and then, after the defendant has been imprisoned for three or six months, ... fix[ ] a new sentence which may be quite different from the one originally imposed.” Corey, 375 U.S. at 172, 84 S.Ct. 298. The question presented was when the “conventional requirements of finality f... | [
{
"docid": "22129975",
"title": "",
"text": "Code: “After a finding of guilt in such a criminal proceed-' ing as the instant case, in which neither imprisonment in a jail or penitentiary nor a fine is imposed, is an order by the district court, that the convicted man ‘be placed on probation for the peri... | [
{
"docid": "22824890",
"title": "",
"text": "its terms.”), cert. denied, —U.S.-, 133 S.Ct. 298, 184 L.Ed.2d 176 (2012); cf. Baty, 980 F.2d at 978-79 (holding that inadequate explanation of waiver-of-appeal provision specifically questioned by defendant rendered the waiver invalid); United States v. Robi... |
691905 | either a claim under § 1983 for a constitutional violation or civil conspiracy claim under Texas law. REVERSED and REMANDED. . In Texas, juvenile criminal adjudications are civil in nature, therefore, LaCresha’s conviction is for a civil, not criminal, offense. . In re L.M., 993 S.W.2d 276, 291 (Tex.App.— Austin 1999, ... | [
{
"docid": "2765304",
"title": "",
"text": "law.” Fed.R.Civ.P. 56(e). The moving party must show that, if the evidentiary material of record were -reduced to admissible evidence in court, it would be insufficient to permit the nonmoving party to carry its burden of proof. Celotex v. Catrett, 477 U.S. 31... | [
{
"docid": "23565700",
"title": "",
"text": "they are not the mere fruits of fear or coercion, but are reliable expressions of the truth ... coercion is thought to carry with it the danger of unreliability. Involuntary confessions also affront society’s “deep-rooted feeling that ... in the end, life and... |
752243 | guideline range was 78-97 months, and the district court imposed an amended sentence of 88 months. Id. Given this inconsistency, unlike here, the court’s original sentencing analysis could not explain the amended sentence. Like our decision in Hoivard, some courts of appeals have found that district •courts must offer ... | [
{
"docid": "22216099",
"title": "",
"text": "3582 proceeding, there must be some explanation in the record of the district court’s reasoning. Marion, 590 F.3d at 476-77. To the extent that the Government relies on Clark to support an argument that the court sufficiently explained its decision here, that... | [
{
"docid": "22419125",
"title": "",
"text": "may be harmless, because, as the government suggests is the case here, the reasons for the district court’s actions may be obvious from the history of the case. This was the case, e.g., in United States v. Batista, 480 Fed.Appx. 639 (2d Cir.2012) (summary ord... |
276818 | the basement of the trucking facility — any liability potentially arises out of C.C.’s operations. Stated otherwise, Overnite claims that but for Thomas being en route to C.C.’s offices as part of his duties to C.C., the accident would not have occurred. Accordingly, Overnite asserts that the terms of the policy dictat... | [
{
"docid": "12683779",
"title": "",
"text": "in the lease as the 6,796 square feet shown on the site plan, which clearly indicated that the leased premises were limited to the interior of the store and did not include the exterior walls, the roof, or the surrounding land. (Lease § 1.01) Common areas, in... | [
{
"docid": "22917181",
"title": "",
"text": "general contractor’s work was taking place. The court held that the subcontractor’s employee’s “presence at the worksite, and the ensuing accident, was sufficiently connected to [the general contractor’s] ‘work’ for the County to constitute a ‘substantial nex... |
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