LawInformedAI/overruling · Datasets at Hugging Face

label int64 0 1	sentence1 stringlengths 1 958
0	id. at 259-60.
1	the court of appeal's statement that an acknowledgment must be coupled with a clear declaration of intent to interrupt prescription is apparently culled without attribution from stagni, supra, which in turn cites to marathon, supra, the case that was expressly overruled by this court in lima.
1	in so finding, we not only look to the facts of easterling but also the facts of those cases it explicitly overruled.
0	people v. donoho, 204 ill. 2d 159, 170 (2003).
1	this court overrules its holding in red to the extent that decision may be construed as authority for the proposition that exempt income should be excluded from disposable income regardless of whether the time limitation of 1325(b)(1)(b) or the provisions of 1325(b)(2) apply.
1	for the foregoing reasons, we expressly overrule ehman and now hold that, in order for employees to receive only a 50% pension offset, there must be a line-item deduction appearing on the pay stub or a specific provision in the pension plan indicating a contribution to the pension fund has been made by the employee.
1	accordingly, we approve the decision of the district court of appeal in this case and disapprove the decision of the third district court of appeal in johnson to the extent that it conflicts with this opinion.
1	accordingly, the decision of the district court is approved, state ex rel. gore newspapers company v. tyson, supra, is overruled, and the writ heretofore issued is discharged.
0	346 n.w.2d 128, 130 (minn.
1	we think the case is distinguishable on the facts but to the extent that it holds, if it does, that written findings of fact are not required of administrative agencies, it is hereby overruled.
1	morris is therefore overruled to the extent that it is inconsistent with this principle.
0	the third article pryce offered into evidence was published on august 8, 2016, on the website of the custer county chief newspaper.
0	moreover, the confrontation.
0	thus, the texas supreme court held that the reports were deficient because they did not adequately show a causal relationship.
0	[9.] south dakota's version of the uniform arbitration act, found in sdcl chapter 21-25a, also fails to provide a right of appeal from the circuit court's order compelling arbitration.
1	we recede from beaver to the extent that it holds that once any aspect of an insurance controversy is before a court that no other aspect of the controversy may be decided by arbitration.
0	he states that he seeks to preserve the issue for further review.
1	. to the extent they conflict with this holding, we disapprove dameshghi, supra, 3 cal.app.4th 1262, and renfrew, supra, 175 cal.app.3d 1105.
0	in the may 2017 order, the district court asserts that the march 2013 order was not temporary, but the may 2017 order itself then goes on to state that, ""[christopher] was then to offset the cost of the unlv class for [kathy] for 2 months by dropping the monthly amount down to $200.00
0	when carlton and caldwell began to leave underground atlanta, carlton waved down police.
0	see id. 154.128(a)(3).
1	we overrule hughes v. state to the extent that it contradicts our holding in this case.
1	the majority now overrules modesto insofar as it holds that failure to instruct upon a lesser included offense is prejudicial per se.
0	the scope of a warrantless search of an automobile is defined by the object of the search and the places in which there is probable cause to believe that it may be found.
1	thus, to the extent inconsistent herewith, omni ins. co. v. kentucky farm bureau mut. ins. co., 999 s.w.2d 724, state farm mut. auto. ins. co. v. register, 583 s.w.2d 705, and royal-globe ins. companies v. safeco ins. co. of america, 560 s.w.2d 22, are overruled.
0	incompetence may occur at various points after conviction, and it may recede and later reoccur.
0	that average is set based on existing structures that lie within 250 feet of the applicable measuring point.
0	as a detainee, enriquez claims, sheriff villanueva wrongfully and unlawfully imprisoned him when sheriff villanueva transferred him back to the penitentiary to continue serving a sentence that did not exist under furman. enriquez asserts that as a result, he was subjected to false imprisonment and cruel and unusual punishment in violation of his constitutional rights.
0	consequently, failing to perform, or failing to perform competently, under a contract cannot itself give rise to tort liability, but if the same conduct violates an independently existing duty, the fact that it constitutes a breach of contract does not preclude tort liability.
0	19 it is well settled that where the legislature has delegated the authority to exercise the power of eminent domain, such power includes the authority to determine the necessity of exercising the right.
1	accordingly, we overrule alfree and abrogate the doctrine.
1	we disapprove of other courts of appeals' decisions to the extent that they applied the particularized need/risk analysis to claims brought by suspects injured during an arrest.
1	in conclusion, we approve the result in boecher and disapprove the third district's contrary opinions in carrera and adair.
1	to the extent the previous decisions in ex parte talley, brown, ex parte green, roberts, in re williams, harrell, akers, coffer, stucker, sam and edens conflict with the court's decision herein, they are expressly overruled.
1	however, we overrule the vitale case insofar as it is in conflict with our reasoning herein.
0	defendant raises a series of challenges to california's death penalty statute on grounds that we have repeatedly rejected.
1	we disapprove the following cases to the extent they are inconsistent with our opinion today.
1	to the extent this was the rationale for the holdings in foothill and jabola, they would appear to be inconsistent with a line of cases which have upheld the constitutionality of similar regulations.
1	because of that conflict, we overrule rollins cause of that conflict, we overrule rollins and reverse the district court's judgment.
0	while the chappells acknowledge that the note stated that the monthly payments would increase after 60 months, they emphasize that the note further specified that the bank would provide notice of the increase as a condition precedent to instituting foreclosure proceedings.
1	in that respect the opinion in the webb case is in error and is in conflict with what we have said in this opinion.
1	we overrule the holding in trulock on this point.
1	we granted certiorari in light of disagreement among the circuits.
1	we consider this opinion en banc in order to clarify our opinion in clark v. state.
0	there is no expression by congress here of a waiver of sovereign immunity where the irs acts reasonably and in good faith to collect tax debts it reasonably believes do not fall within the scope of a discharge injunction.
1	i, therefore, conclude that my earlier decision in in re tallo was in error and i hereby reverse the effect of that decision by concluding that the household mortgage cannot be modified since it encumbers nothing but the real property that constitutes the debtors' residence.
1	thus, given our determination that the evans per se rule of error offends the deference traditionally accorded the trial court's conduct of voir dire and is virtually unlimited in its application, we hereby overrule evans and subsequent cases extending its holding.
0	the trial court was the first to consider the enforceability of the covenant.
1	we disapprove the cases that have reached conflicting decisions.
1	we hereby recede from anything said in conyers contrary to the views expressed herein.
0	see, e.g., in re paulson, 346 or 676, 713, 216 p3d 859 (2009), adh'd to as modified on recons, 347 or 529, 225 p3d 41 (2010) (quoting aba standards at 7).
0	a rational compromise on the initial allocation was not invidious 'discrimination' of the kind prohibited by the duty of fair representation.""
1	we therefore disapprove the second district's failure to distinguish determinate and indeterminate commitments in requiring credit in e.r., but approve the fourth district's requirement of credit on determinate sentences in l.k., j.b., and c.c.
0	halleck v. koloski, 4 ohio st.2d 76, 212 n.e.2d 601 (1965).
0	plaintiff, individually and on behalf of the prodigy corporations, instituted this action against fowlkes, barger, amanda smith, cody smith, and united spirit, inc. plaintiff brought individual claims against defendants for, inter alia, facilitation of fraud, civil conspiracy, unfair and deceptive trade practices, and usurping a corporate opportunity.
1	accordingly, we overrule our contrary holding, on this specific point, in petitto, 767 f.2d at 610.
0	the circuit court vacated harris's mandatory sentence of life without parole and remanded for resentencing.
1	in its holding, the third district adopted the reasoning of the fifth district's opinion in spilman, while certifying conflict with the fourth district's opinion in hamilton.
1	lane expressly overruled knox in that respect.
0	thus, the presence of an ambiguity in a contract does not always indicate a structural failure; it could just as easily mean that the parties intended to be bound to arbitrate and that the trial court, as the outside interpreter of the contract, should admit parol evidence to shed light on that contract's limits.
1	whatever "higher" expectation of privacy a traveler may have in a private roomette, we hold that such roomettes do not confer upon occupants the same degree of privacy as a dwelling or hotel or motel room, and we overrule any contrary statement in united states v. dimick.
1	we disapprove any implication in nerell v. superior court (1971) 20 cal.app.3d 593, 597 [ 97 cal.rptr. 702]; people v. malich (1971) 15 cal.app.3d 253, 265, footnote 4 [ 93 cal.rptr. 87]; and people v. vega (1970) 12 cal.app.3d 970, 972 [ 91 cal.rptr. 167], that section 1538.5 evidences a legislative intent that a defendant who applies for pretrial writ review of a denial of his motion to suppress evidence alleged to be wrongfully obtained forgoes his right to "seek further review of the validity of a search or seizure on appeal from a conviction."
1	franks and wingfield, supra, are overruled as far as their inconsistency with this holding.
0	the contentions in the father's brief in opposition to the motion are raised for the first time on appeal and therefore are not properly before us (see matter of paige k. [jay j.b.], 81 ad3d 1284, 1284 [4th dept 2011]).
1	the only semblance of moderation associated with today's writing is the strategic decision to overrule st. elizabeth hospital while apparently leaving all related law in place.
1	to the extent that people v. milton, supra, 55 cal.app.4th 365, people v. allen, supra, 53 cal.app.4th 1127, people v. sanders, supra, 52 cal.app.4th 175, people v. robles, supra, 51 cal.app.4th 627, people v. ervin, supra, 50 cal.app.4th 259, people v. holloway (1996) 47 cal.app.4th 1757 [ 55 cal.rptr.2d 547], people v. howard (1996) 47 cal.app.4th 1526 [ 55 cal.rptr.2d 520], and people v. ramos (1996) 47 cal.app.4th 432 [ 55 cal.rptr.2d 1] are inconsistent with the views expressed in this opinion, they are disapproved.
0	1993) (en banc)); see also perry, 408 u.s. at 601-02 (holding that mutually explicit understanding could give rise to protected property interest).
1	in so holding, we overrule newsome v. state, 197 miss. 797, 20 so.2d 708 (1945), in which this court held the dangerous character of the victim could not be proven by his prior acts of violence, although the defendant had knowledge thereof.
1	therefore, to the extent mckinney and civella are inconsistent with this proposition, they are overruled.
1	suffice it to say, that most prior oklahoma authority which would prevent a spouse's free and voluntary consent to be used to validate a warrantless search is, in our opinion, distinguishable; in any case, to the extent prior cases are contra to our present holding, they are hereby expressly overruled.
0	the court found that the assault occurred while children were present, causing them emotional trauma.
1	to the extent hays v. arave, 977 f.2d 475 (9th cir. 1992), on which the panel relied in reaching the opposite conclusion, is inconsistent with our analysis, it is hereby overruled.
0	see grimes, 804 a.2d at 266 (holding that ""to the extent such transactions obligate the board concerning stock issuance, the board must approve them in writing"") (emphasis added).
1	people v. laiwa is not overruled (same line of cases).
0	leson has argued that plaintiff's admission in her deposition that the water on the service bay floor was ""open and obvious"" defeats her claim.
0	(fsor at p. 20; see also id. at p. 8 [noting standards board's belief that ""requiring all employers with employees working outdoors to determine the wbgt [wet bulb globe temperature] on a continuous, or even intermittent, basis would not substantially contribute to control of employee risk of heat illness while at the same time consuming resources that could have a greater effect implementing control measures, such as providing readily available drinking water along with shade and other means of cooling""].)
1	and to the extent that dicke is inconsistent with any of today's analysis, it is accordingly overruled.
1	we therefore disapprove people v. bullwinkle (1980) supra, 105 cal.app.3d 82, 86-90, and a dictum in people v. longwill
0	as discussed above, those tribunals have been found to operate consistently with the constitution and their judgments bar subsequent civilian prosecution for charges resolved therein.
1	to the extent that this language in atwood is inconsistent with our holdings today and in thomas ii, it is disavowed.
1	to the extent that we have equated the summary judgment and directed verdict standards, see, e.g., cameron v. changcraft, 251 p.3d 1008, 1017 & n. 16 (alaska 2011); braund, inc., 486 p.2d at 53, we disavow those misleading statements.
1	division two of the court of appeals rejected tobin's narrow reading of the events sufficient to trigger the statute of limitations.
0	at least two courts have refused to apply the discovery rule to cases involving statutory violations under r.c. 2305.07.
1	for these reasons, we overrule the language of people v. mcgee, supra, 1 cal.2d 611, and its progeny, to the extent it suggests a court lacks fundamental subject matter jurisdiction over a time-barred criminal action.
1	these and other statements in the opinion in that case are inconsistent with the decisions of this court both before and after it on the subject of the judicial power of the commission.
1	we disapprove of jensen construction co. v. dallas county, 920 s.w.2d 761 (tex.app.-dallas 1996, writ denied), to the extent that it holds otherwise.
1	because county boards of education are local agencies of the state, they are clothed in constitutional immunity from suit, and we overrule sims and kimmons, 204 ala. at 387, 85 so. at 777 ("the county board of education is given the right to sue, and the implied right to be sued. . . ."), to the extent that they and their progeny impose an implied "right to be sued" on county boards of education.
1	the case of garrison v. street harper furniture carpet company, supra, is expressly overruled.
1	to the extent state v. mckrackern, 1945, 141 me. 194, 41 a.2d 817, may hold that aggravation, even in general terms, need not be alleged in the indictment, it is overruled.
0	however, when a contract contains a latent ambiguity, the question of the parties' intent requires the taking of parol evidencesomething which this court will not do.
0	on february 2, 2017, the vop court filed a brief opinion indicating that it would not opine on any issues given counsel's intent to file an
1	we conclude that we are required to hold that the specific offense designated as the object of the conspiracy in a 371 indictment does constitute an element of the offense, and we therefore overrule our opinion holding to the contrary, united states v. alerta, 96 f.3d 1230, 1239 (9th cir. 1996), overruled on other grounds by united states v. nordby
1	upon further consideration of our holding in carter oil co. v. samuels, supra, we now conclude that carter should be overruled, and that payment and acceptance of delay rental under the terms of the lease does not in and of itself constitute a waiver of an implied covenant on the part of the lessee to protect the lessor from drainage.
1	n.d. ill. 1992), and in re lawrence paperboard corp., 52 b.r. 907 (bankr.
1	we therefore disapprove wickersham's inaccurate assertion that "unreasonable self-defense" is a "defense.
0	42 we find no abuse of discretion in the circuit court's finding that the affidavits complied with the requirements of rule 191. both cassem and levinson had a sufficient degree of personal knowledge of the facts asserted in their affidavits by virtue of their employment with or for the funds.
1	we therefore overrule schoebel as the law of this circuit.
0	unlike the court, however, i would hold that all these districts must satisfy strict scrutiny.
1	accordingly, to the extent that texas trading conflicts with our holding today that foreign states are not "persons" entitled to rights under the due process clause, it is overruled.
1	to the extent that dicta in washington university suggests that a tort action should be brought rather than an action in inverse condemnation, that dicta is disapproved and should no longer be followed.

0

id. at 259-60.

1

the court of appeal's statement that an acknowledgment must be coupled with a clear declaration of intent to interrupt prescription is apparently culled without attribution from stagni, supra, which in turn cites to marathon, supra, the case that was expressly overruled by this court in lima.

1

in so finding, we not only look to the facts of easterling but also the facts of those cases it explicitly overruled.

0

people v. donoho, 204 ill. 2d 159, 170 (2003).

1

this court overrules its holding in red to the extent that decision may be construed as authority for the proposition that exempt income should be excluded from disposable income regardless of whether the time limitation of 1325(b)(1)(b) or the provisions of 1325(b)(2) apply.

1

for the foregoing reasons, we expressly overrule ehman and now hold that, in order for employees to receive only a 50% pension offset, there must be a line-item deduction appearing on the pay stub or a specific provision in the pension plan indicating a contribution to the pension fund has been made by the employee.

1

accordingly, we approve the decision of the district court of appeal in this case and disapprove the decision of the third district court of appeal in johnson to the extent that it conflicts with this opinion.

1

accordingly, the decision of the district court is approved, state ex rel. gore newspapers company v. tyson, supra, is overruled, and the writ heretofore issued is discharged.

0

346 n.w.2d 128, 130 (minn.

1

we think the case is distinguishable on the facts but to the extent that it holds, if it does, that written findings of fact are not required of administrative agencies, it is hereby overruled.

1

morris is therefore overruled to the extent that it is inconsistent with this principle.

0

the third article pryce offered into evidence was published on august 8, 2016, on the website of the custer county chief newspaper.

0

moreover, the confrontation.

0

thus, the texas supreme court held that the reports were deficient because they did not adequately show a causal relationship.

0

[9.] south dakota's version of the uniform arbitration act, found in sdcl chapter 21-25a, also fails to provide a right of appeal from the circuit court's order compelling arbitration.

1

we recede from beaver to the extent that it holds that once any aspect of an insurance controversy is before a court that no other aspect of the controversy may be decided by arbitration.

0

he states that he seeks to preserve the issue for further review.

1

. to the extent they conflict with this holding, we disapprove dameshghi, supra, 3 cal.app.4th 1262, and renfrew, supra, 175 cal.app.3d 1105.

0

in the may 2017 order, the district court asserts that the march 2013 order was not temporary, but the may 2017 order itself then goes on to state that, ""[christopher] was then to offset the cost of the unlv class for [kathy] for 2 months by dropping the monthly amount down to $200.00

0

when carlton and caldwell began to leave underground atlanta, carlton waved down police.

0

see id. 154.128(a)(3).

1

we overrule hughes v. state to the extent that it contradicts our holding in this case.

1

the majority now overrules modesto insofar as it holds that failure to instruct upon a lesser included offense is prejudicial per se.

0

the scope of a warrantless search of an automobile is defined by the object of the search and the places in which there is probable cause to believe that it may be found.

1

thus, to the extent inconsistent herewith, omni ins. co. v. kentucky farm bureau mut. ins. co., 999 s.w.2d 724, state farm mut. auto. ins. co. v. register, 583 s.w.2d 705, and royal-globe ins. companies v. safeco ins. co. of america, 560 s.w.2d 22, are overruled.

0

incompetence may occur at various points after conviction, and it may recede and later reoccur.

0

that average is set based on existing structures that lie within 250 feet of the applicable measuring point.

0

as a detainee, enriquez claims, sheriff villanueva wrongfully and unlawfully imprisoned him when sheriff villanueva transferred him back to the penitentiary to continue serving a sentence that did not exist under furman. enriquez asserts that as a result, he was subjected to false imprisonment and cruel and unusual punishment in violation of his constitutional rights.

0

consequently, failing to perform, or failing to perform competently, under a contract cannot itself give rise to tort liability, but if the same conduct violates an independently existing duty, the fact that it constitutes a breach of contract does not preclude tort liability.

0

19 it is well settled that where the legislature has delegated the authority to exercise the power of eminent domain, such power includes the authority to determine the necessity of exercising the right.

1

accordingly, we overrule alfree and abrogate the doctrine.

1

we disapprove of other courts of appeals' decisions to the extent that they applied the particularized need/risk analysis to claims brought by suspects injured during an arrest.

1

in conclusion, we approve the result in boecher and disapprove the third district's contrary opinions in carrera and adair.

1

to the extent the previous decisions in ex parte talley, brown, ex parte green, roberts, in re williams, harrell, akers, coffer, stucker, sam and edens conflict with the court's decision herein, they are expressly overruled.

1

however, we overrule the vitale case insofar as it is in conflict with our reasoning herein.

0

defendant raises a series of challenges to california's death penalty statute on grounds that we have repeatedly rejected.

1

we disapprove the following cases to the extent they are inconsistent with our opinion today.

1

to the extent this was the rationale for the holdings in foothill and jabola, they would appear to be inconsistent with a line of cases which have upheld the constitutionality of similar regulations.

1

because of that conflict, we overrule rollins cause of that conflict, we overrule rollins and reverse the district court's judgment.

0

while the chappells acknowledge that the note stated that the monthly payments would increase after 60 months, they emphasize that the note further specified that the bank would provide notice of the increase as a condition precedent to instituting foreclosure proceedings.

1

in that respect the opinion in the webb case is in error and is in conflict with what we have said in this opinion.

1

we overrule the holding in trulock on this point.

1

we granted certiorari in light of disagreement among the circuits.

1

we consider this opinion en banc in order to clarify our opinion in clark v. state.

0

there is no expression by congress here of a waiver of sovereign immunity where the irs acts reasonably and in good faith to collect tax debts it reasonably believes do not fall within the scope of a discharge injunction.

1

i, therefore, conclude that my earlier decision in in re tallo was in error and i hereby reverse the effect of that decision by concluding that the household mortgage cannot be modified since it encumbers nothing but the real property that constitutes the debtors' residence.

1

thus, given our determination that the evans per se rule of error offends the deference traditionally accorded the trial court's conduct of voir dire and is virtually unlimited in its application, we hereby overrule evans and subsequent cases extending its holding.

0

the trial court was the first to consider the enforceability of the covenant.

1

we disapprove the cases that have reached conflicting decisions.

1

we hereby recede from anything said in conyers contrary to the views expressed herein.

0

see, e.g., in re paulson, 346 or 676, 713, 216 p3d 859 (2009), adh'd to as modified on recons, 347 or 529, 225 p3d 41 (2010) (quoting aba standards at 7).

0

a rational compromise on the initial allocation was not invidious 'discrimination' of the kind prohibited by the duty of fair representation.""

1

we therefore disapprove the second district's failure to distinguish determinate and indeterminate commitments in requiring credit in e.r., but approve the fourth district's requirement of credit on determinate sentences in l.k., j.b., and c.c.

0

halleck v. koloski, 4 ohio st.2d 76, 212 n.e.2d 601 (1965).

0

plaintiff, individually and on behalf of the prodigy corporations, instituted this action against fowlkes, barger, amanda smith, cody smith, and united spirit, inc. plaintiff brought individual claims against defendants for, inter alia, facilitation of fraud, civil conspiracy, unfair and deceptive trade practices, and usurping a corporate opportunity.

1

accordingly, we overrule our contrary holding, on this specific point, in petitto, 767 f.2d at 610.

0

the circuit court vacated harris's mandatory sentence of life without parole and remanded for resentencing.

1

in its holding, the third district adopted the reasoning of the fifth district's opinion in spilman, while certifying conflict with the fourth district's opinion in hamilton.

1

lane expressly overruled knox in that respect.

0

thus, the presence of an ambiguity in a contract does not always indicate a structural failure; it could just as easily mean that the parties intended to be bound to arbitrate and that the trial court, as the outside interpreter of the contract, should admit parol evidence to shed light on that contract's limits.

1

whatever "higher" expectation of privacy a traveler may have in a private roomette, we hold that such roomettes do not confer upon occupants the same degree of privacy as a dwelling or hotel or motel room, and we overrule any contrary statement in united states v. dimick.

1

we disapprove any implication in nerell v. superior court (1971) 20 cal.app.3d 593, 597 [ 97 cal.rptr. 702]; people v. malich (1971) 15 cal.app.3d 253, 265, footnote 4 [ 93 cal.rptr. 87]; and people v. vega (1970) 12 cal.app.3d 970, 972 [ 91 cal.rptr. 167], that section 1538.5 evidences a legislative intent that a defendant who applies for pretrial writ review of a denial of his motion to suppress evidence alleged to be wrongfully obtained forgoes his right to "seek further review of the validity of a search or seizure on appeal from a conviction."

1

franks and wingfield, supra, are overruled as far as their inconsistency with this holding.

0

the contentions in the father's brief in opposition to the motion are raised for the first time on appeal and therefore are not properly before us (see matter of paige k. [jay j.b.], 81 ad3d 1284, 1284 [4th dept 2011]).

1

the only semblance of moderation associated with today's writing is the strategic decision to overrule st. elizabeth hospital while apparently leaving all related law in place.

1

to the extent that people v. milton, supra, 55 cal.app.4th 365, people v. allen, supra, 53 cal.app.4th 1127, people v. sanders, supra, 52 cal.app.4th 175, people v. robles, supra, 51 cal.app.4th 627, people v. ervin, supra, 50 cal.app.4th 259, people v. holloway (1996) 47 cal.app.4th 1757 [ 55 cal.rptr.2d 547], people v. howard (1996) 47 cal.app.4th 1526 [ 55 cal.rptr.2d 520], and people v. ramos (1996) 47 cal.app.4th 432 [ 55 cal.rptr.2d 1] are inconsistent with the views expressed in this opinion, they are disapproved.

0

1993) (en banc)); see also perry, 408 u.s. at 601-02 (holding that mutually explicit understanding could give rise to protected property interest).

1

in so holding, we overrule newsome v. state, 197 miss. 797, 20 so.2d 708 (1945), in which this court held the dangerous character of the victim could not be proven by his prior acts of violence, although the defendant had knowledge thereof.

1

therefore, to the extent mckinney and civella are inconsistent with this proposition, they are overruled.

1

suffice it to say, that most prior oklahoma authority which would prevent a spouse's free and voluntary consent to be used to validate a warrantless search is, in our opinion, distinguishable; in any case, to the extent prior cases are contra to our present holding, they are hereby expressly overruled.

0

the court found that the assault occurred while children were present, causing them emotional trauma.

1

to the extent hays v. arave, 977 f.2d 475 (9th cir. 1992), on which the panel relied in reaching the opposite conclusion, is inconsistent with our analysis, it is hereby overruled.

0

see grimes, 804 a.2d at 266 (holding that ""to the extent such transactions obligate the board concerning stock issuance, the board must approve them in writing"") (emphasis added).

1

people v. laiwa is not overruled (same line of cases).

0

leson has argued that plaintiff's admission in her deposition that the water on the service bay floor was ""open and obvious"" defeats her claim.

0

(fsor at p. 20; see also id. at p. 8 [noting standards board's belief that ""requiring all employers with employees working outdoors to determine the wbgt [wet bulb globe temperature] on a continuous, or even intermittent, basis would not substantially contribute to control of employee risk of heat illness while at the same time consuming resources that could have a greater effect implementing control measures, such as providing readily available drinking water along with shade and other means of cooling""].)

1

and to the extent that dicke is inconsistent with any of today's analysis, it is accordingly overruled.

1

we therefore disapprove people v. bullwinkle (1980) supra, 105 cal.app.3d 82, 86-90, and a dictum in people v. longwill

0

as discussed above, those tribunals have been found to operate consistently with the constitution and their judgments bar subsequent civilian prosecution for charges resolved therein.

1

to the extent that this language in atwood is inconsistent with our holdings today and in thomas ii, it is disavowed.

1

to the extent that we have equated the summary judgment and directed verdict standards, see, e.g., cameron v. changcraft, 251 p.3d 1008, 1017 & n. 16 (alaska 2011); braund, inc., 486 p.2d at 53, we disavow those misleading statements.

1

division two of the court of appeals rejected tobin's narrow reading of the events sufficient to trigger the statute of limitations.

0

at least two courts have refused to apply the discovery rule to cases involving statutory violations under r.c. 2305.07.

1

for these reasons, we overrule the language of people v. mcgee, supra, 1 cal.2d 611, and its progeny, to the extent it suggests a court lacks fundamental subject matter jurisdiction over a time-barred criminal action.

1

these and other statements in the opinion in that case are inconsistent with the decisions of this court both before and after it on the subject of the judicial power of the commission.

1

we disapprove of jensen construction co. v. dallas county, 920 s.w.2d 761 (tex.app.-dallas 1996, writ denied), to the extent that it holds otherwise.

1

because county boards of education are local agencies of the state, they are clothed in constitutional immunity from suit, and we overrule sims and kimmons, 204 ala. at 387, 85 so. at 777 ("the county board of education is given the right to sue, and the implied right to be sued. . . ."), to the extent that they and their progeny impose an implied "right to be sued" on county boards of education.

1

the case of garrison v. street harper furniture carpet company, supra, is expressly overruled.

1

to the extent state v. mckrackern, 1945, 141 me. 194, 41 a.2d 817, may hold that aggravation, even in general terms, need not be alleged in the indictment, it is overruled.

0

however, when a contract contains a latent ambiguity, the question of the parties' intent requires the taking of parol evidencesomething which this court will not do.

0

on february 2, 2017, the vop court filed a brief opinion indicating that it would not opine on any issues given counsel's intent to file an

1

we conclude that we are required to hold that the specific offense designated as the object of the conspiracy in a 371 indictment does constitute an element of the offense, and we therefore overrule our opinion holding to the contrary, united states v. alerta, 96 f.3d 1230, 1239 (9th cir. 1996), overruled on other grounds by united states v. nordby

1

upon further consideration of our holding in carter oil co. v. samuels, supra, we now conclude that carter should be overruled, and that payment and acceptance of delay rental under the terms of the lease does not in and of itself constitute a waiver of an implied covenant on the part of the lessee to protect the lessor from drainage.

1

n.d. ill. 1992), and in re lawrence paperboard corp., 52 b.r. 907 (bankr.

1

we therefore disapprove wickersham's inaccurate assertion that "unreasonable self-defense" is a "defense.

0

42 we find no abuse of discretion in the circuit court's finding that the affidavits complied with the requirements of rule 191. both cassem and levinson had a sufficient degree of personal knowledge of the facts asserted in their affidavits by virtue of their employment with or for the funds.

1

we therefore overrule schoebel as the law of this circuit.

0

unlike the court, however, i would hold that all these districts must satisfy strict scrutiny.

1

accordingly, to the extent that texas trading conflicts with our holding today that foreign states are not "persons" entitled to rights under the due process clause, it is overruled.

1

to the extent that dicta in washington university suggests that a tort action should be brought rather than an action in inverse condemnation, that dicta is disapproved and should no longer be followed.