context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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Witnesses are absolutely immune for the testimony they provide in the course of a judicial proceeding or an adjudication before an administrative agency. | {
"signal": "see also",
"identifier": "25 F.3d 83, 83",
"parenthetical": "holding that while witnesses enjoy absolute immunity for their actions in testifying they are not immune for extra-judicial actions such as an alleged conspiracy to present false testimony",
"sentence": "Malachowski, 787 F.2d at 712; see ... | {
"signal": "but see",
"identifier": "17 F.3d 1263, 1267",
"parenthetical": "applying absolute immunity not only to allegations of perjury but to claims alleging a conspiracy to present perjured testimony",
"sentence": "But see Hunt v. Bennett, 17 F.3d 1263, 1267 (10th Cir.1994) (applying absolute immunity not ... | 11,529,769 | a |
We exercise de novo review over a district court's decision to grant full faith and credit to a foreign judgment. | {
"signal": "see",
"identifier": "489 F.2d 661, 662-63",
"parenthetical": "conducting a de novo review in determining the enforceability of a foreign judgment",
"sentence": "See Barrows v. Barrows, 489 F.2d 661, 662-63 (3d Cir.1974) (conducting a de novo review in determining the enforceability of a foreign jud... | {
"signal": "see also",
"identifier": "237 F.3d 133, 139",
"parenthetical": "collecting cases and noting that \"domestic courts have not clearly articulated the standard of appellate review of the decision whether to enforce [a] foreign judgment, but appear to be applying a de novo standard\"",
"sentence": "See... | 3,821,705 | a |
We do not, at this time, reach the merits of the issues raised by Palmer, because we hold that our jurisdiction over this premature appeal has not yet been established. See Tuck v. United Servs. | {
"signal": "no signal",
"identifier": "859 F.2d 842, 844",
"parenthetical": "recognizing federal court's duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking",
"sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal ... | {
"signal": "see",
"identifier": "884 F.2d 879, 879-80",
"parenthetical": "same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. SS 158(d",
"sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to determine matter of its own jurisdiction sua spon... | 11,644,198 | a |
We do not, at this time, reach the merits of the issues raised by Palmer, because we hold that our jurisdiction over this premature appeal has not yet been established. See Tuck v. United Servs. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing federal court's duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking",
"sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to... | {
"signal": "see",
"identifier": "884 F.2d 879, 879-80",
"parenthetical": "same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. SS 158(d",
"sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to determine matter of its own jurisdiction sua spon... | 11,644,198 | a |
We do not, at this time, reach the merits of the issues raised by Palmer, because we hold that our jurisdiction over this premature appeal has not yet been established. See Tuck v. United Servs. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "recognizing federal court's duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking",
"sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to... | {
"signal": "see",
"identifier": "884 F.2d 879, 879-80",
"parenthetical": "same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. SS 158(d",
"sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to determine matter of its own jurisdiction sua spon... | 11,644,198 | a |
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices. | {
"signal": "see also",
"identifier": "317 U.S. 537, 544-45",
"parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the gover... | {
"signal": "no signal",
"identifier": "261 F.3d 827, 827",
"parenthetical": "doctor caused false claims to be submitted to Medicare where he instructed his clinic's billing service to put false information on Medicare claims",
"sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to ... | 9,218,018 | b |
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices. | {
"signal": "no signal",
"identifier": "261 F.3d 827, 827",
"parenthetical": "doctor caused false claims to be submitted to Medicare where he instructed his clinic's billing service to put false information on Medicare claims",
"sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government\"",
"sente... | 9,218,018 | a |
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices. | {
"signal": "see also",
"identifier": null,
"parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government\"",
"sente... | {
"signal": "no signal",
"identifier": "261 F.3d 827, 827",
"parenthetical": "doctor caused false claims to be submitted to Medicare where he instructed his clinic's billing service to put false information on Medicare claims",
"sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to ... | 9,218,018 | b |
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices. | {
"signal": "see also",
"identifier": "317 U.S. 537, 544-45",
"parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the gover... | {
"signal": "no signal",
"identifier": "111 F.3d 943, 943",
"parenthetical": "defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them",
"sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his c... | 9,218,018 | b |
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices. | {
"signal": "see also",
"identifier": null,
"parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government\"",
"sente... | {
"signal": "no signal",
"identifier": "111 F.3d 943, 943",
"parenthetical": "defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them",
"sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his c... | 9,218,018 | b |
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices. | {
"signal": "see also",
"identifier": null,
"parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government\"",
"sente... | {
"signal": "no signal",
"identifier": "111 F.3d 943, 943",
"parenthetical": "defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them",
"sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his c... | 9,218,018 | b |
R., Vol. 2, at 11. Based on Officer Holloway's on-the-job experience and training -- including having made "roughly ten to [fifteen] actual arrests" in crimes involving PCP, id. -- he knew immediately upon making contact with the driver that PCP was probably inside the vehicle. At that point, considering the totality o... | {
"signal": "see also",
"identifier": "376 F.3d 577, 586",
"parenthetical": "noting that \"detection of the odor of PCP emanating from [the defendant's] person gave the officers the authority to detain [him] temporarily to determine his identity\"",
"sentence": "See United States v. Hill, 199 F.3d 1143, 1148 (1... | {
"signal": "see",
"identifier": "199 F.3d 1143, 1148",
"parenthetical": "\"Deputy Justice had[ ] ... reasonable suspicion that criminal activity was occurring based upon the PCP smell emanating from [the defendant's] bag.\"",
"sentence": "See United States v. Hill, 199 F.3d 1143, 1148 (10th Cir.1999) (“Deputy ... | 3,736,231 | b |
Haaf also contends that Pennsylvania recognizes a cause of action for the negligent procurement of criminal proceedings. | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding a verdict against defendant for negligently causing plaintiff's arrest and subsequent five day incarceration after plaintiff had followed defendant's erroneous instructions regarding local tax laws",
"sentence": "See Motheral v. Burkhart, 4... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings",
"sentence": "See Motheral v. Bur... | 940,021 | b |
Haaf also contends that Pennsylvania recognizes a cause of action for the negligent procurement of criminal proceedings. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings",
"sentence": "See Motheral v. Bur... | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding a verdict against defendant for negligently causing plaintiff's arrest and subsequent five day incarceration after plaintiff had followed defendant's erroneous instructions regarding local tax laws",
"sentence": "See Motheral v. Burkhart, 4... | 940,021 | a |
Haaf also contends that Pennsylvania recognizes a cause of action for the negligent procurement of criminal proceedings. | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding a verdict against defendant for negligently causing plaintiff's arrest and subsequent five day incarceration after plaintiff had followed defendant's erroneous instructions regarding local tax laws",
"sentence": "See Motheral v. Burkhart, 4... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings",
"sentence": "See Motheral v. Bur... | 940,021 | b |
Haaf also contends that Pennsylvania recognizes a cause of action for the negligent procurement of criminal proceedings. | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding a verdict against defendant for negligently causing plaintiff's arrest and subsequent five day incarceration after plaintiff had followed defendant's erroneous instructions regarding local tax laws",
"sentence": "See Motheral v. Burkhart, 4... | {
"signal": "see",
"identifier": null,
"parenthetical": "noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings",
"sentence": "See Motheral v. Bur... | 940,021 | b |
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal. | {
"signal": "see also",
"identifier": "548 U.S. 521, 528-30",
"parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant f... | {
"signal": "see",
"identifier": "482 U.S. 78, 89-91",
"parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 9... | 4,004,973 | b |
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal. | {
"signal": "see also",
"identifier": null,
"parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determin... | {
"signal": "see",
"identifier": "482 U.S. 78, 89-91",
"parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 9... | 4,004,973 | b |
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal. | {
"signal": "see also",
"identifier": null,
"parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determin... | {
"signal": "see",
"identifier": "482 U.S. 78, 89-91",
"parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 9... | 4,004,973 | b |
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal. | {
"signal": "see also",
"identifier": "548 U.S. 521, 528-30",
"parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant f... | {
"signal": "see",
"identifier": null,
"parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (19... | 4,004,973 | b |
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal. | {
"signal": "see",
"identifier": null,
"parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (19... | {
"signal": "see also",
"identifier": null,
"parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determin... | 4,004,973 | a |
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal. | {
"signal": "see also",
"identifier": null,
"parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determin... | {
"signal": "see",
"identifier": null,
"parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (19... | 4,004,973 | b |
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal. | {
"signal": "see also",
"identifier": "548 U.S. 521, 528-30",
"parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant f... | {
"signal": "see",
"identifier": null,
"parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (19... | 4,004,973 | b |
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal. | {
"signal": "see also",
"identifier": null,
"parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determin... | {
"signal": "see",
"identifier": null,
"parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (19... | 4,004,973 | b |
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal. | {
"signal": "see",
"identifier": null,
"parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (19... | {
"signal": "see also",
"identifier": null,
"parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations",
"sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determin... | 4,004,973 | a |
Accordingly, the Court will not address them. Even if these allegations were included in the complaint, the Court notes that the plaintiff does not allege any harm arising from alleged violations of ERISA reporting procedures and he has not shown any indication that he detrimentally relied or was prejudiced by any viol... | {
"signal": "see also",
"identifier": "951 F.2d 739, 743",
"parenthetical": "employer's failure to comply with ERISA's reporting procedures excused because no showing of bad faith or active concealment",
"sentence": "See Govoni, 732 F.2d at 252 (collecting cases requiring reliance and prejudice to entitle emplo... | {
"signal": "see",
"identifier": "732 F.2d 252, 252",
"parenthetical": "collecting cases requiring reliance and prejudice to entitle employees to monetary relief for employer's procedural violations of ERISA",
"sentence": "See Govoni, 732 F.2d at 252 (collecting cases requiring reliance and prejudice to entitle... | 1,586,813 | b |
150 Because, under these cireum-stances, the initial aggressor, combat by agreement, and provocation concepts were superfluous and, as such, neither imposed any extra burden on defendant nor interfered with his self-defense theory, there is no reasonable possibility that their inclusion in the instruction contributed t... | {
"signal": "see",
"identifier": "852 P.2d 1307, 1307",
"parenthetical": "inclusion of an unnecessary instruction did not require reversal because it \"did not pose any barrier to the jury giving full consideration to the defendant's theory of defense\"",
"sentence": "See Baca, 852 P.2d at 1307 (inclusion of an... | {
"signal": "see also",
"identifier": "942 P.2d 1235, 1241",
"parenthetical": "where there was no evidence that the defendant initiated the fight and the prosecutor did not mention the instruction in closing argument, unwarranted initial aggressor instruction was harmless",
"sentence": "See Baca, 852 P.2d at 13... | 6,970,897 | a |
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have a... | {
"signal": "no signal",
"identifier": "321 F.3d 429, 433",
"parenthetical": "presenting in-depth analysis of the plain meaning and legislative history of SS 802(32",
"sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the plain meaning and legislative history o... | {
"signal": "see also",
"identifier": "363 F.3d 118, 121",
"parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading",
"sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctive ... | 9,010,642 | a |
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have a... | {
"signal": "no signal",
"identifier": "321 F.3d 429, 433",
"parenthetical": "presenting in-depth analysis of the plain meaning and legislative history of SS 802(32",
"sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the plain meaning and legislative history o... | {
"signal": "see also",
"identifier": "289 F.3d 1329, 1338",
"parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading",
"sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctiv... | 9,010,642 | a |
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have a... | {
"signal": "no signal",
"identifier": "321 F.3d 429, 433",
"parenthetical": "presenting in-depth analysis of the plain meaning and legislative history of SS 802(32",
"sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the plain meaning and legislative history o... | {
"signal": "see also",
"identifier": "916 F.2d 1008, 1010",
"parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading",
"sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctiv... | 9,010,642 | a |
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have a... | {
"signal": "see also",
"identifier": "363 F.3d 118, 121",
"parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading",
"sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctive ... | {
"signal": "no signal",
"identifier": "806 F.Supp. 232, 235",
"parenthetical": "reviewing the Act's legislative history and asserting that the conjunctive reading is required to prevent absurd results",
"sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the pl... | 9,010,642 | b |
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have a... | {
"signal": "no signal",
"identifier": "806 F.Supp. 232, 235",
"parenthetical": "reviewing the Act's legislative history and asserting that the conjunctive reading is required to prevent absurd results",
"sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the pl... | {
"signal": "see also",
"identifier": "289 F.3d 1329, 1338",
"parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading",
"sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctiv... | 9,010,642 | a |
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have a... | {
"signal": "no signal",
"identifier": "806 F.Supp. 232, 235",
"parenthetical": "reviewing the Act's legislative history and asserting that the conjunctive reading is required to prevent absurd results",
"sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the pl... | {
"signal": "see also",
"identifier": "916 F.2d 1008, 1010",
"parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading",
"sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctiv... | 9,010,642 | a |
Title VII specifically requires a federal employee to exhaust his administrative remedies as a precondition to filing suit. Brown v. General Servs. | {
"signal": "see also",
"identifier": "628 F.2d 1208, 1211",
"parenthetical": "Title VII \"contemplates the invocation of administrative remedies as a condition precedent to litigation\" by a federal employee",
"sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, th... | {
"signal": "no signal",
"identifier": "425 U.S. 820, 832",
"parenthetical": "\"Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.\"",
"sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, the complainant must seek... | 10,525,765 | b |
Title VII specifically requires a federal employee to exhaust his administrative remedies as a precondition to filing suit. Brown v. General Servs. | {
"signal": "no signal",
"identifier": "96 S.Ct. 1961, 1961, 1965",
"parenthetical": "\"Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.\"",
"sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, the complainant m... | {
"signal": "see also",
"identifier": "628 F.2d 1208, 1211",
"parenthetical": "Title VII \"contemplates the invocation of administrative remedies as a condition precedent to litigation\" by a federal employee",
"sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, th... | 10,525,765 | a |
Title VII specifically requires a federal employee to exhaust his administrative remedies as a precondition to filing suit. Brown v. General Servs. | {
"signal": "see also",
"identifier": "628 F.2d 1208, 1211",
"parenthetical": "Title VII \"contemplates the invocation of administrative remedies as a condition precedent to litigation\" by a federal employee",
"sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, th... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.\"",
"sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, the complainant must seek relief in the ... | 10,525,765 | b |
Based on the current record, it appears that any use of interstate communications was not a regular part of Plaintiffs duties. In addition, this Court must note that the Amended Complaint makes no mention of Plaintiffs alleged "interstate" communications, and Plaintiff has not attached an affidavit or other materials t... | {
"signal": "cf.",
"identifier": "448 F.3d 1264, 1267-68",
"parenthetical": "holding that an employee who used his company's credit card failed to adduce enough evidence to avoid the defendant's Rule 50 motion on his FLSA claims",
"sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005)... | {
"signal": "see",
"identifier": "2005 WL 2385724, at *4",
"parenthetical": "holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants",
"sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a lo... | 6,046,257 | b |
Based on the current record, it appears that any use of interstate communications was not a regular part of Plaintiffs duties. In addition, this Court must note that the Amended Complaint makes no mention of Plaintiffs alleged "interstate" communications, and Plaintiff has not attached an affidavit or other materials t... | {
"signal": "see",
"identifier": "2005 WL 2385724, at *4",
"parenthetical": "holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants",
"sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a lo... | {
"signal": "cf.",
"identifier": "2006 WL 1228863, at *3",
"parenthetical": "holding that an employee who used his company's credit card failed to adduce enough evidence to avoid the defendant's Rule 50 motion on his FLSA claims",
"sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005)... | 6,046,257 | a |
Based on the current record, it appears that any use of interstate communications was not a regular part of Plaintiffs duties. In addition, this Court must note that the Amended Complaint makes no mention of Plaintiffs alleged "interstate" communications, and Plaintiff has not attached an affidavit or other materials t... | {
"signal": "cf.",
"identifier": "393 F.Supp.2d 1282, 1293",
"parenthetical": "holding that the plaintiffs were not covered by the FLSA by virtue of the plaintiffs' purchase of items at local stores using their employer's credit card",
"sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, ... | {
"signal": "see",
"identifier": "2005 WL 2385724, at *4",
"parenthetical": "holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants",
"sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a lo... | 6,046,257 | b |
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civi... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment... | 11,116,442 | a |
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civi... | 11,116,442 | b |
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civi... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment... | 11,116,442 | a |
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civi... | 11,116,442 | b |
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civi... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment... | 11,116,442 | a |
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civi... | {
"signal": "see also",
"identifier": null,
"parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute",
"sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment... | 11,116,442 | a |
In short, there is nothing in the record that shows that this internal investigation materially altered Officer Lewis' employment at all. Nor could Officer Lewis' counsel cite a single case that held that the mere participation in an internal investigation-standing alone-was an adverse employment action. Indeed, case l... | {
"signal": "see",
"identifier": "388 F.3d 984, 988",
"parenthetical": "employee put on paid administrative leave pending the outcome of an internal investigation, who was restored to her position upon the termination of the investigation, suffered no adverse employment action",
"sentence": "See, e.g., Peltier ... | {
"signal": "cf.",
"identifier": "285 F.3d 705, 715",
"parenthetical": "an internal investigation is no adverse employment action where employee \"suffered no material disadvantage in a term or condition of employment as a result of the investigations\" in First Amendment Retaliation context",
"sentence": "Cf. ... | 4,067,493 | a |
In short, there is nothing in the record that shows that this internal investigation materially altered Officer Lewis' employment at all. Nor could Officer Lewis' counsel cite a single case that held that the mere participation in an internal investigation-standing alone-was an adverse employment action. Indeed, case l... | {
"signal": "see",
"identifier": "153 F.Supp.2d 378, 396",
"parenthetical": "\"[A]n alleged deficiency in an employer's internal complaint procedure or internal investigation of a sexual harassment complaint'-- even if the deficiency is little more than an attempt to strengthen an employer's defense-is not a reta... | {
"signal": "cf.",
"identifier": "285 F.3d 705, 715",
"parenthetical": "an internal investigation is no adverse employment action where employee \"suffered no material disadvantage in a term or condition of employment as a result of the investigations\" in First Amendment Retaliation context",
"sentence": "Cf. ... | 4,067,493 | a |
Defendant cites several cases in support of its argument that the City is absolutely immune from civil liability in this action. These cases are inapposite, however, since they hold that the city officials are immune, but do not deal with the liability of the municipality itself. | {
"signal": "see",
"identifier": null,
"parenthetical": "members of municipal council acting in legislative capacity are absolutely immune from damages suits under SS 1983",
"sentence": "See, e.g., Aitchison v. Raffiani, 708 F.2d 96 (3rd Cir.1983) (members of municipal council acting in legislative capacity are... | {
"signal": "but see",
"identifier": null,
"parenthetical": "members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county",
"sentence": "But see Reed v. Village of Shorewood, 704 F.2d 943 (7th Cir.1983) (municipal officers are ab... | 7,400,731 | a |
Defendant cites several cases in support of its argument that the City is absolutely immune from civil liability in this action. These cases are inapposite, however, since they hold that the city officials are immune, but do not deal with the liability of the municipality itself. | {
"signal": "see",
"identifier": null,
"parenthetical": "council members, as individuals, have absolute immunity in passing ordinances",
"sentence": "See, e.g., Aitchison v. Raffiani, 708 F.2d 96 (3rd Cir.1983) (members of municipal council acting in legislative capacity are absolutely immune from damages suits... | {
"signal": "but see",
"identifier": null,
"parenthetical": "members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county",
"sentence": "But see Reed v. Village of Shorewood, 704 F.2d 943 (7th Cir.1983) (municipal officers are ab... | 7,400,731 | a |
Defendant cites several cases in support of its argument that the City is absolutely immune from civil liability in this action. These cases are inapposite, however, since they hold that the city officials are immune, but do not deal with the liability of the municipality itself. | {
"signal": "see",
"identifier": null,
"parenthetical": "state and regional legislators have absolute federal common law immunity from liability for damages occasioned by their legislative acts",
"sentence": "See, e.g., Aitchison v. Raffiani, 708 F.2d 96 (3rd Cir.1983) (members of municipal council acting in le... | {
"signal": "but see",
"identifier": null,
"parenthetical": "members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county",
"sentence": "But see Reed v. Village of Shorewood, 704 F.2d 943 (7th Cir.1983) (municipal officers are ab... | 7,400,731 | a |
We cannot agree. Jurors are presumed to follow jury instructions but are not presumed to follow the law as recited by counsel during closing argument. | {
"signal": "see",
"identifier": "581 N.E.2d 1233, 1237",
"parenthetical": "holding that it is presumed that the jury obeyed the trial court's instructions",
"sentence": "See Chandler v. State, 581 N.E.2d 1233, 1237 (Ind.1991) (holding that it is presumed that the jury obeyed the trial court’s instructions); Hu... | {
"signal": "see also",
"identifier": "6 F.3d 265, 271",
"parenthetical": "rejecting an argument that a Spradlin-like instructional error was harmless because both parties argued during closing that the State was required to prove intent to kill, reasoning that \"we cannot conclude that the jurors ignored the cou... | 8,209,754 | a |
We cannot agree. Jurors are presumed to follow jury instructions but are not presumed to follow the law as recited by counsel during closing argument. | {
"signal": "see",
"identifier": "451 N.E.2d 1087, 1091",
"parenthetical": "holding that \"[a]ny misstatements of law during closing argument are presumed cured by final instruction\"",
"sentence": "See Chandler v. State, 581 N.E.2d 1233, 1237 (Ind.1991) (holding that it is presumed that the jury obeyed the tri... | {
"signal": "see also",
"identifier": "6 F.3d 265, 271",
"parenthetical": "rejecting an argument that a Spradlin-like instructional error was harmless because both parties argued during closing that the State was required to prove intent to kill, reasoning that \"we cannot conclude that the jurors ignored the cou... | 8,209,754 | a |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"",
"sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.... | {
"signal": "see also",
"identifier": "537 U.S. 475, 475",
"parenthetical": "finding specific fiduciary duties to maintain and preserve property that is \"actually administered]\" in trust",
"sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of ... | 4,256,041 | a |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"",
"sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.... | {
"signal": "see also",
"identifier": null,
"parenthetical": "finding specific fiduciary duties to maintain and preserve property that is \"actually administered]\" in trust",
"sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber manageme... | 4,256,041 | a |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"",
"sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.... | {
"signal": "see",
"identifier": "537 U.S. 507, 507-13",
"parenthetical": "finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (f... | 4,256,041 | a |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "see",
"identifier": null,
"parenthetical": "finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"",
"sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.... | 4,256,041 | b |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "see",
"identifier": null,
"parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"",
"sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.... | 4,256,041 | b |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"",
"sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.... | {
"signal": "see",
"identifier": "131 S.Ct. 2313, 2329-30",
"parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a sp... | 4,256,041 | a |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "see",
"identifier": null,
"parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"",
"sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.... | 4,256,041 | b |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"",
"sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.... | {
"signal": "see also",
"identifier": "782 F.3d 668, 668-71",
"parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of re... | 4,256,041 | a |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "see also",
"identifier": "782 F.3d 668, 668-71",
"parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of re... | {
"signal": "see",
"identifier": "537 U.S. 507, 507-13",
"parenthetical": "finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (f... | 4,256,041 | b |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "see",
"identifier": null,
"parenthetical": "finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific... | {
"signal": "see also",
"identifier": "782 F.3d 668, 668-71",
"parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of re... | 4,256,041 | a |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "see also",
"identifier": "782 F.3d 668, 668-71",
"parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of re... | {
"signal": "see",
"identifier": null,
"parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return... | 4,256,041 | b |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "see",
"identifier": "131 S.Ct. 2313, 2329-30",
"parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a sp... | {
"signal": "see also",
"identifier": "782 F.3d 668, 668-71",
"parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of re... | 4,256,041 | a |
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government." | {
"signal": "see",
"identifier": null,
"parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return... | {
"signal": "see also",
"identifier": "782 F.3d 668, 668-71",
"parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation",
"sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of re... | 4,256,041 | a |
Because it is clear'that a petitioner in a New York State habeas proceeding is not entitled to damages, this case is controlled by the analysis in Davidson, which involved the preclusive effect under New York law of a prior Article 78 proceeding for a subsequent SS 1983 claim. In Davidson, we initially found that the p... | {
"signal": "cf.",
"identifier": "819 F.2d 12, 15",
"parenthetical": "finding that prior state proceeding barred SS 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief",
"sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d C... | {
"signal": "see also",
"identifier": "943 F.2d 198, 203-04",
"parenthetical": "applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action",
"sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991... | 10,528,600 | b |
Because it is clear'that a petitioner in a New York State habeas proceeding is not entitled to damages, this case is controlled by the analysis in Davidson, which involved the preclusive effect under New York law of a prior Article 78 proceeding for a subsequent SS 1983 claim. In Davidson, we initially found that the p... | {
"signal": "see also",
"identifier": "802 F.2d 21, 29-30",
"parenthetical": "following Davidson, holding that prior Article 78 proceeding does not bar subsequent federal SS 1983 action",
"sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991) (applying analysis as' in Davidso... | {
"signal": "cf.",
"identifier": "819 F.2d 12, 15",
"parenthetical": "finding that prior state proceeding barred SS 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief",
"sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d C... | 10,528,600 | a |
Because it is clear'that a petitioner in a New York State habeas proceeding is not entitled to damages, this case is controlled by the analysis in Davidson, which involved the preclusive effect under New York law of a prior Article 78 proceeding for a subsequent SS 1983 claim. In Davidson, we initially found that the p... | {
"signal": "cf.",
"identifier": "819 F.2d 12, 15",
"parenthetical": "finding that prior state proceeding barred SS 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief",
"sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d C... | {
"signal": "see also",
"identifier": "781 F.Supp. 152, 156",
"parenthetical": "following Davidson, finding that res judicata does not apply where initial litigation was Article 78 proceeding",
"sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991) (applying analysis as' in D... | 10,528,600 | b |
No. 70.) Surely a qui tarn claim is no longer "valid" once it has been dismissed. | {
"signal": "see",
"identifier": "232 F.Supp.3d 587, 587-89",
"parenthetical": "finding that relator's voluntary dismissal of his qui tarn suit precluded him from recovering, under \"alternate remedy\" theory, a portion of the proceeds the government ultimately obtained",
"sentence": "See L-3 Commc’ns, 232 F.Su... | {
"signal": "see also",
"identifier": "174 F.Supp.3d 700, 700",
"parenthetical": "finding relators' motion for a share of proceeds recovered \"premature\" because a motion to dismiss the qui tarn action was pending and, thus, relators \"may ultimately lack a valid qui tarn claim\"",
"sentence": "See L-3 Commc’n... | 12,274,826 | a |
No. 70.) Surely a qui tarn claim is no longer "valid" once it has been dismissed. | {
"signal": "see also",
"identifier": "174 F.Supp.3d 700, 700",
"parenthetical": "finding relators' motion for a share of proceeds recovered \"premature\" because a motion to dismiss the qui tarn action was pending and, thus, relators \"may ultimately lack a valid qui tarn claim\"",
"sentence": "See L-3 Commc’n... | {
"signal": "see",
"identifier": "2017 WL 464431, at *4-5",
"parenthetical": "finding that relator's voluntary dismissal of his qui tarn suit precluded him from recovering, under \"alternate remedy\" theory, a portion of the proceeds the government ultimately obtained",
"sentence": "See L-3 Commc’ns, 232 F.Supp... | 12,274,826 | b |
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation. | {
"signal": "see also",
"identifier": "495 U.S. 711, 717",
"parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"",
"sentence"... | {
"signal": "see",
"identifier": "837 F.2d 1249, 1261",
"parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c",
"sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions o... | 3,900,500 | b |
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"",
"sentence": "See United S... | {
"signal": "see",
"identifier": "837 F.2d 1249, 1261",
"parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c",
"sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions o... | 3,900,500 | b |
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"",
"sentence": "See United S... | {
"signal": "see",
"identifier": "837 F.2d 1249, 1261",
"parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c",
"sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions o... | 3,900,500 | b |
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation. | {
"signal": "see",
"identifier": "448 F.3d 444, 444",
"parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c",
"sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or ... | {
"signal": "see also",
"identifier": "495 U.S. 711, 717",
"parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"",
"sentence"... | 3,900,500 | a |
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"",
"sentence": "See United S... | {
"signal": "see",
"identifier": "448 F.3d 444, 444",
"parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c",
"sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or ... | 3,900,500 | b |
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation. | {
"signal": "see",
"identifier": "448 F.3d 444, 444",
"parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c",
"sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"",
"sentence": "See United S... | 3,900,500 | a |
Other jurisdictions similarly have held that the depositing of waste into a landfill triggers an unalterable and injurious process. Although the initial exposure to the contaminants caused by the Borough's depositing of municipal waste was not "an immediate and discrete injury, the fact that it is part of an injurious ... | {
"signal": "no signal",
"identifier": "667 F.2d 1046, 1046",
"parenthetical": "\"The injury and attendant liability became predictable precisely because it was discovered that past occurrences were likely to have set in motion injurious processes for which Keene could be held liable.\"",
"sentence": "Keene Cor... | {
"signal": "see also",
"identifier": "89 F.3d 995, 995-96",
"parenthetical": "holding that insured's initial discharge of contaminated rinsewater began \"continuous indivisible process resulting in damage\"",
"sentence": "See also Chemical Leaman, supra, 89 F.3d at 995-96 (holding that insured’s initial discha... | 199,561 | a |
Other jurisdictions similarly have held that the depositing of waste into a landfill triggers an unalterable and injurious process. Although the initial exposure to the contaminants caused by the Borough's depositing of municipal waste was not "an immediate and discrete injury, the fact that it is part of an injurious ... | {
"signal": "see also",
"identifier": "28 F.Supp.2d 454, 454",
"parenthetical": "recognizing that coverage could be triggered by need to prevent imminent contamination of groundwater",
"sentence": "See also Chemical Leaman, supra, 89 F.3d at 995-96 (holding that insured’s initial discharge of contaminated rinse... | {
"signal": "no signal",
"identifier": "667 F.2d 1046, 1046",
"parenthetical": "\"The injury and attendant liability became predictable precisely because it was discovered that past occurrences were likely to have set in motion injurious processes for which Keene could be held liable.\"",
"sentence": "Keene Cor... | 199,561 | b |
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide ... | {
"signal": "see also",
"identifier": "360 U.S. 423, 437-38",
"parenthetical": "due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse t... | {
"signal": "no signal",
"identifier": "745 F.2d 950, 951",
"parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures",
"sentence": "Compare Villegas v. INS, 745 F.2d 95... | 388,278 | b |
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide ... | {
"signal": "no signal",
"identifier": "745 F.2d 950, 951",
"parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures",
"sentence": "Compare Villegas v. INS, 745 F.2d 95... | {
"signal": "see also",
"identifier": "79 S.Ct. 1257, 1265-67",
"parenthetical": "due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse... | 388,278 | a |
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer",
"sent... | {
"signal": "no signal",
"identifier": "745 F.2d 950, 951",
"parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures",
"sentence": "Compare Villegas v. INS, 745 F.2d 95... | 388,278 | b |
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide ... | {
"signal": "see also",
"identifier": "379 U.S. 559, 569-71",
"parenthetical": "state could not punish individuals for demonstrating \"near\" a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations \... | {
"signal": "no signal",
"identifier": "745 F.2d 950, 951",
"parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures",
"sentence": "Compare Villegas v. INS, 745 F.2d 95... | 388,278 | b |
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide ... | {
"signal": "see also",
"identifier": "85 S.Ct. 476, 483-84",
"parenthetical": "state could not punish individuals for demonstrating \"near\" a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations \... | {
"signal": "no signal",
"identifier": "745 F.2d 950, 951",
"parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures",
"sentence": "Compare Villegas v. INS, 745 F.2d 95... | 388,278 | b |
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "state could not punish individuals for demonstrating \"near\" a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations \"near\" the courth... | {
"signal": "no signal",
"identifier": "745 F.2d 950, 951",
"parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures",
"sentence": "Compare Villegas v. INS, 745 F.2d 95... | 388,278 | b |
In several cases decided after Harris and Ring, this court maintained its reliance on McMillan to uphold the constitutionality of the hard 40/50 sentencing scheme, noting that Harris reaffirmed McMillan even after Apprendi. | {
"signal": "see",
"identifier": "295 Kan. 339, 354",
"parenthetical": "\"We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga's invitation to reconsider our prior decisions.\"",
"sentence": "See State v. Astorga, 2... | {
"signal": "see also",
"identifier": "284 Kan. 23, 23",
"parenthetical": "upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences",
"sentence": "See S... | 12,417,227 | a |
In several cases decided after Harris and Ring, this court maintained its reliance on McMillan to uphold the constitutionality of the hard 40/50 sentencing scheme, noting that Harris reaffirmed McMillan even after Apprendi. | {
"signal": "see also",
"identifier": "284 Kan. 23, 23",
"parenthetical": "upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences",
"sentence": "See S... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga's invitation to reconsider our prior decisions.\"",
"sentence": "See State v. Astorga, 295 Kan. 339, 35... | 12,417,227 | b |
In several cases decided after Harris and Ring, this court maintained its reliance on McMillan to uphold the constitutionality of the hard 40/50 sentencing scheme, noting that Harris reaffirmed McMillan even after Apprendi. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga's invitation to reconsider our prior decisions.\"",
"sentence": "See State v. Astorga, 295 Kan. 339, 35... | {
"signal": "see also",
"identifier": "284 Kan. 23, 23",
"parenthetical": "upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences",
"sentence": "See S... | 12,417,227 | a |
On appeal, Relators argue that the email attachment should have been admitted because it was not being offered for the truth of the matter asserted, cf. Fed.R.Evid. 801(c), and because the attachment was admissible under the hearsay exemption for party admissions, see Fed.R.Evid. 801(d)(2)(D). Upon our review of the re... | {
"signal": "see",
"identifier": "269 F.3d 439, 453",
"parenthetical": "evidence is properly excluded when alternative theory of admissibility is not timely offered",
"sentence": "See Jimenez v. Daimler-Chrysler Corp., 269 F.3d 439, 453 (4th Cir.2001) (evidence is properly excluded when alternative theory of ad... | {
"signal": "see also",
"identifier": "390 F.3d 328, 334",
"parenthetical": "issues raised for the first time on appeal are generally not considered absent exceptional circumstances",
"sentence": "See Jimenez v. Daimler-Chrysler Corp., 269 F.3d 439, 453 (4th Cir.2001) (evidence is properly excluded when alterna... | 4,005,126 | a |
An alleged failure to warn swimmers of dangerous conditions in a popular swimming area does not implicate any social, economic, or political policy judgments with which the discretionary function exception properly is concerned. The government's alleged omission in this case "simply does not involve the exercise of suc... | {
"signal": "cf.",
"identifier": "716 F.2d 418, 423",
"parenthetical": "government did not argue its failure to warn of dangerous diving conditions was discretionary",
"sentence": "Berkovitz, 108 S.Ct. at 1964; see Indian Towing, 350 U.S. at 69, 76 S.Ct. at 127; see also Ducey v. United States, 713 F.2d 504, 51... | {
"signal": "see also",
"identifier": "713 F.2d 504, 515",
"parenthetical": "\"While the government's decision to encourage recreation at Eldorado Canyon is the exercise of a discretionary function, the government's duty to warn of or guard against hazards resulting from that decision may nonetheless be actionabl... | 11,291,589 | b |
An alleged failure to warn swimmers of dangerous conditions in a popular swimming area does not implicate any social, economic, or political policy judgments with which the discretionary function exception properly is concerned. The government's alleged omission in this case "simply does not involve the exercise of suc... | {
"signal": "see also",
"identifier": "546 F.2d 872, 876-77",
"parenthetical": "government's failure to warn about hazards of thermal heated pool not discretionary, even though decision to leave some park areas undeveloped and hazardous was discretionary",
"sentence": "Berkovitz, 108 S.Ct. at 1964; see Indian T... | {
"signal": "cf.",
"identifier": "716 F.2d 418, 423",
"parenthetical": "government did not argue its failure to warn of dangerous diving conditions was discretionary",
"sentence": "Berkovitz, 108 S.Ct. at 1964; see Indian Towing, 350 U.S. at 69, 76 S.Ct. at 127; see also Ducey v. United States, 713 F.2d 504, 51... | 11,291,589 | a |
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misl... | {
"signal": "see",
"identifier": "8 F.3d 1358, 1362-63",
"parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holdin... | {
"signal": "cf.",
"identifier": "501 U.S. 1097, 1097",
"parenthetical": "stating that \"[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow\"",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F... | 3,428,636 | a |
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misl... | {
"signal": "cf.",
"identifier": "111 S.Ct. 2760, 2760-61",
"parenthetical": "stating that \"[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow\"",
"sentence": "See S.E.C. v. Rana Research, Inc.,... | {
"signal": "see",
"identifier": "8 F.3d 1358, 1362-63",
"parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holdin... | 3,428,636 | b |
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misl... | {
"signal": "see",
"identifier": "8 F.3d 1358, 1362-63",
"parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holdin... | {
"signal": "cf.",
"identifier": "478 F.2d 1281, 1297",
"parenthetical": "stating that \"it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts\"",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative p... | 3,428,636 | a |
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misl... | {
"signal": "see",
"identifier": "8 F.3d 1358, 1362-63",
"parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holdin... | {
"signal": "cf.",
"identifier": "489 F.2d 579, 603",
"parenthetical": "noting that \"burying the facts, or giving them less than significant emphasis\" in a proxy statement can deprive shareholders of \"full and honest disclosure\"",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir... | 3,428,636 | a |
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misl... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that \"burying the facts, or giving them less than significant emphasis\" in a proxy statement can deprive shareholders of \"full and honest disclosure\"",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding... | {
"signal": "see",
"identifier": "8 F.3d 1358, 1362-63",
"parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holdin... | 3,428,636 | b |
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misl... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that \"burying the facts, or giving them less than significant emphasis\" in a proxy statement can deprive shareholders of \"full and honest disclosure\"",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding... | {
"signal": "see",
"identifier": "8 F.3d 1358, 1362-63",
"parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holdin... | 3,428,636 | b |
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misl... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "noting that \"burying the facts, or giving them less than significant emphasis\" in a proxy statement can deprive shareholders of \"full and honest disclosure\"",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding... | {
"signal": "see",
"identifier": "8 F.3d 1358, 1362-63",
"parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations",
"sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holdin... | 3,428,636 | b |
We recognize that the Dissent is not alone in this confusion. Indeed, in addressing identical language in 21 U.S.C. SS 841(b)(1)(C), some of our sibling circuits have made linguistic references that bespeak mens rea. | {
"signal": "see",
"identifier": "591 F.3d 945, 950",
"parenthetical": "expressing \"misgivings about interpreting 'results from' in the statute to impose strict liability\"",
"sentence": "See United States v. Hatfield, 591 F.3d 945, 950 (7th Cir.2010) (expressing \"misgivings about interpreting ‘results from’ ... | {
"signal": "see also",
"identifier": "226 F.3d 521, 522, 525",
"parenthetical": "\"On its face, the statute [i.e., 21 U.S.C. SS 841] is, in effect, a strict liability statute with respect to the injury or death of another arising out of the distribution of drugs.\"",
"sentence": "See United States v. Hatfield,... | 4,175,661 | a |
The Court will use that standard remedy here and find that the interest of justice warrants transfer rather than dismissal so that the Attkissons' claims can be adjudicated on the merits. And although it appears that the Attkissons' non-FTCA claims are properly venued in the District of Columbia, the Court will transfe... | {
"signal": "see",
"identifier": "885 F.Supp.2d 228, 237",
"parenthetical": "noting that it is \"common in this Circuit\" to transfer the entirety of the case when some but not all claims are improperly venued here",
"sentence": "See Yuanxing Liu, 2015 WL 9281580, at *3; Coltrane v. Lappin, 885 F.Supp.2d 228, 2... | {
"signal": "see also",
"identifier": "2012 WL 2874012, at *5",
"parenthetical": "transferring the entirety of a consolidated case when venue was improper as to only certain claims to \"avoid piecemeal litigation\"",
"sentence": "See Yuanxing Liu, 2015 WL 9281580, at *3; Coltrane v. Lappin, 885 F.Supp.2d 228, 2... | 12,267,651 | a |
Although Tristan seeks dismissal without specifying whether such dismissal should be with or without prejudice, the other Defendants expressly seek dismissal with prejudice. (Doc. No. 25, at 1; Doc. No. 44, at 10; Doc. No. 58, at 33.) But because this Court dismisses this action for lack of subject-matter jurisdiction,... | {
"signal": "no signal",
"identifier": "384 F.3d 437, 438",
"parenthetical": "explaining that dismissal for lack of subject matter jurisdiction is not with prejudice, but the \"jurisdictional disposition is conclusive on the jurisdictional question\" such that \"the plaintiff cannot re-file in federal court\"",
... | {
"signal": "see",
"identifier": "247 F.3d 736, 739",
"parenthetical": "\"Although the dismissal was without prejudice, 'an issue actually decided in a non-merits dismissal is given preclusive effect in a subsequent action between the same parties.' \" (emphasis in original",
"sentence": "Frederiksen v. City of... | 4,178,689 | a |
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