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Applying the Remmer-Console analytical framework to this case does not change the outcome. Since the presumption of prejudice is effectively rebutted by a juror's credible profession of impartiality, and the court so found in this case, the contact between Zauzmer and Simon was necessarily harmless. | {
"signal": "see also",
"identifier": "573 F.2d 827, 832",
"parenthetical": "finding presumption of prejudice rebutted where a juror who learned that a dismissed juror had been contacted by an investigator for defendant had \"emphatically\" stated she was not prejudiced against the defendants as a result of her knowledge of the call",
"sentence": "See Console, 13 F.3d at 667-69 (finding that the district court had not abused its discretion in finding that defendant was not prejudiced by legal advice given to a juror by her attorney sister-in-law about the case, which the juror imparted to other jurors, because a voir dire of the jurors revealed that the jurors paid no attention to the comment); see also United Stated v. Boseia, 573 F.2d 827, 832 (3d Cir.1978) (finding presumption of prejudice rebutted where a juror who learned that a dismissed juror had been contacted by an investigator for defendant had “emphatically” stated she was not prejudiced against the defendants as a result of her knowledge of the call)."
} | {
"signal": "see",
"identifier": "13 F.3d 667, 667-69",
"parenthetical": "finding that the district court had not abused its discretion in finding that defendant was not prejudiced by legal advice given to a juror by her attorney sister-in-law about the case, which the juror imparted to other jurors, because a voir dire of the jurors revealed that the jurors paid no attention to the comment",
"sentence": "See Console, 13 F.3d at 667-69 (finding that the district court had not abused its discretion in finding that defendant was not prejudiced by legal advice given to a juror by her attorney sister-in-law about the case, which the juror imparted to other jurors, because a voir dire of the jurors revealed that the jurors paid no attention to the comment); see also United Stated v. Boseia, 573 F.2d 827, 832 (3d Cir.1978) (finding presumption of prejudice rebutted where a juror who learned that a dismissed juror had been contacted by an investigator for defendant had “emphatically” stated she was not prejudiced against the defendants as a result of her knowledge of the call)."
} | 9,230,025 | b |
Plaintiffs argue that the district court erred in considering sites with restrictive leases banning adult entertainment establishments. Under Topanga Press, however, sites must only reasonably become available to some generic commercial enterprise, not specifically to adult businesses. | {
"signal": "cf.",
"identifier": "49 F.3d 1120, 1125-26",
"parenthetical": "also noting that large single-use buildings, like warehouses and factories, may arguably be outside commercial real estate market",
"sentence": "See 989 F.2d at 1531-32 (“The issue is whether any site is part of an actual market for commercial enterprises generally.”); cf. Woodall v. City of El Paso (Woodall III), 49 F.3d 1120, 1125-26 (5th Cir.1995) (also noting that large single-use buildings, like warehouses and factories, may arguably be outside commercial real estate market)."
} | {
"signal": "see",
"identifier": "989 F.2d 1531, 1531-32",
"parenthetical": "\"The issue is whether any site is part of an actual market for commercial enterprises generally.\"",
"sentence": "See 989 F.2d at 1531-32 (“The issue is whether any site is part of an actual market for commercial enterprises generally.”); cf. Woodall v. City of El Paso (Woodall III), 49 F.3d 1120, 1125-26 (5th Cir.1995) (also noting that large single-use buildings, like warehouses and factories, may arguably be outside commercial real estate market)."
} | 11,199,428 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": "286 Kan. 735, 735-36",
"parenthetical": "respondent's repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": "291 Kan. 394, 399",
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to take action on behalf of client",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": "272 Kan. 758, 763",
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": "291 Kan. 394, 399",
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to take action on behalf of client",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": "291 Kan. 394, 399",
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to take action on behalf of client",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to take action on behalf of client",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see also",
"identifier": "286 Kan. 735, 735-36",
"parenthetical": "respondent's repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | a |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to take action on behalf of client",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see also",
"identifier": "272 Kan. 758, 763",
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | a |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to take action on behalf of client",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see",
"identifier": "286 Kan. 1160, 1167",
"parenthetical": "respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see also",
"identifier": "286 Kan. 735, 735-36",
"parenthetical": "respondent's repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | a |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": "272 Kan. 758, 763",
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": "286 Kan. 1160, 1167",
"parenthetical": "respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see",
"identifier": "286 Kan. 1160, 1167",
"parenthetical": "respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | a |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see also",
"identifier": "286 Kan. 735, 735-36",
"parenthetical": "respondent's repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | a |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see also",
"identifier": "272 Kan. 758, 763",
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | a |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": "286 Kan. 735, 735-36",
"parenthetical": "respondent's repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": "283 Kan. 807, 815",
"parenthetical": "respondent's unrestrained statements violated KRPC 8.4[d] by \" prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system' \"",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": "272 Kan. 758, 763",
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": "283 Kan. 807, 815",
"parenthetical": "respondent's unrestrained statements violated KRPC 8.4[d] by \" prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system' \"",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": "283 Kan. 807, 815",
"parenthetical": "respondent's unrestrained statements violated KRPC 8.4[d] by \" prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system' \"",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": "286 Kan. 735, 735-36",
"parenthetical": "respondent's repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "respondent's unrestrained statements violated KRPC 8.4[d] by \" prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system' \"",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": "272 Kan. 758, 763",
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "respondent's unrestrained statements violated KRPC 8.4[d] by \" prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system' \"",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
The respondent's actions obstructed Corkins' compliance with a court order and damaged others' confidence in the judicial system. In other situations where an attorney has obstructed another's compliance with a court order or engaged in conduct unbecoming a court officer, we have found a violation of KRPC 8.4(d). | {
"signal": "see also",
"identifier": null,
"parenthetical": "respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "respondent's unrestrained statements violated KRPC 8.4[d] by \" prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system' \"",
"sentence": "See In re Lober, 291 Kan. 394, 399, 241 P.3d 81 (2010) (respondent violated KRPC 8.4[d] when he failed to take action on behalf of client); In re Jensen, 286 Kan. 1160, 1167, 191 P.3d 1118 (2008) (respondent violated KRPC 8.4[d] when he instructed subpoenaed witness that he need not appear in court unless he heard from respondent); In re Pyle, 283 Kan. 807, 815, 156 P.3d 1231 (2007) (respondent’s unrestrained statements violated KRPC 8.4[d] by “ prejudicing] justice in a general sense by lessening the public confidence in our disciplinary system’ ”); see also In re Dennis, 286 Kan. at 735-36 (respondent’s repeated failure to comply with court orders and discovery deadlines in two actions violated KRPC 8.4[d]); In re Coder, 272 Kan. 758, 763, 35 P.3d 853 (2001) (respondent violated KRPC 8.4[d] when he failed to object or assert defense, failed to appear in court, failed to comply with court orders, and failed to provide discovery)."
} | 4,277,212 | b |
That is also fundamental objective upon which the award of sanctions .under SS 14-10-129.5 is based. See Colo.Rev.Stat. SS 14-10-129.5(2)(b) ("the court, in the best interests of the child, may issue orders which may include ... [modifying the previous order to meet the best interests of the child ... [and] [ajwarding to the aggrieved party, where appropriate, actual expenses ... ") (emphasis added). Under these circumstances, most courts hold that fees "inextricably intertwined with proceedings affecting the welfare of the child," such as custody and visitation, should be deemed support. | {
"signal": "see also",
"identifier": "92 B.R. 533, 535",
"parenthetical": "fees awarded in litigation over visitation, custody, contempt and child support nondischargeable",
"sentence": "In re Peters, 133 B.R. at 295; see also Dellapa v. Vazquez (In re Vazquez), 92 B.R. 533, 535 (S.D.Fla.1988) (fees awarded in litigation over visitation, custody, contempt and child support nondischargeable); In re Farrell, 133 B.R. at 147-48 (holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child); In re Poe, 118 B.R. at 812 (fees incurred in child custody litigation exempt from discharge); York v. Castro (In re Castro), 74 B.R. 38, 39-40 (Bankr.M.D.Fla.1987) (attorney fees and litigation expenses relating to debtor’s abduction of child and denial of visitation rights held nondischargeable); Hicks v. Hicks (In re Hicks), 65 B.R. 227, 229 (Bankr.D.N.M.1986) (denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order); Rose v. Gedeon (In re Gedeon), 31 B.R. 942, 945 (Bankr.D.Colo.1983) (former wife’s fees in pursuing custody considered support); cf. Judge v. Schmiel (In re Schmiel), 94 B.R. 373, 379 (Bankr.E.D.Pa.1988) (dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable)."
} | {
"signal": "cf.",
"identifier": "94 B.R. 373, 379",
"parenthetical": "dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable",
"sentence": "In re Peters, 133 B.R. at 295; see also Dellapa v. Vazquez (In re Vazquez), 92 B.R. 533, 535 (S.D.Fla.1988) (fees awarded in litigation over visitation, custody, contempt and child support nondischargeable); In re Farrell, 133 B.R. at 147-48 (holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child); In re Poe, 118 B.R. at 812 (fees incurred in child custody litigation exempt from discharge); York v. Castro (In re Castro), 74 B.R. 38, 39-40 (Bankr.M.D.Fla.1987) (attorney fees and litigation expenses relating to debtor’s abduction of child and denial of visitation rights held nondischargeable); Hicks v. Hicks (In re Hicks), 65 B.R. 227, 229 (Bankr.D.N.M.1986) (denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order); Rose v. Gedeon (In re Gedeon), 31 B.R. 942, 945 (Bankr.D.Colo.1983) (former wife’s fees in pursuing custody considered support); cf. Judge v. Schmiel (In re Schmiel), 94 B.R. 373, 379 (Bankr.E.D.Pa.1988) (dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable)."
} | 6,514,585 | a |
That is also fundamental objective upon which the award of sanctions .under SS 14-10-129.5 is based. See Colo.Rev.Stat. SS 14-10-129.5(2)(b) ("the court, in the best interests of the child, may issue orders which may include ... [modifying the previous order to meet the best interests of the child ... [and] [ajwarding to the aggrieved party, where appropriate, actual expenses ... ") (emphasis added). Under these circumstances, most courts hold that fees "inextricably intertwined with proceedings affecting the welfare of the child," such as custody and visitation, should be deemed support. | {
"signal": "cf.",
"identifier": "94 B.R. 373, 379",
"parenthetical": "dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable",
"sentence": "In re Peters, 133 B.R. at 295; see also Dellapa v. Vazquez (In re Vazquez), 92 B.R. 533, 535 (S.D.Fla.1988) (fees awarded in litigation over visitation, custody, contempt and child support nondischargeable); In re Farrell, 133 B.R. at 147-48 (holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child); In re Poe, 118 B.R. at 812 (fees incurred in child custody litigation exempt from discharge); York v. Castro (In re Castro), 74 B.R. 38, 39-40 (Bankr.M.D.Fla.1987) (attorney fees and litigation expenses relating to debtor’s abduction of child and denial of visitation rights held nondischargeable); Hicks v. Hicks (In re Hicks), 65 B.R. 227, 229 (Bankr.D.N.M.1986) (denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order); Rose v. Gedeon (In re Gedeon), 31 B.R. 942, 945 (Bankr.D.Colo.1983) (former wife’s fees in pursuing custody considered support); cf. Judge v. Schmiel (In re Schmiel), 94 B.R. 373, 379 (Bankr.E.D.Pa.1988) (dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable)."
} | {
"signal": "see also",
"identifier": "133 B.R. 147, 147-48",
"parenthetical": "holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child",
"sentence": "In re Peters, 133 B.R. at 295; see also Dellapa v. Vazquez (In re Vazquez), 92 B.R. 533, 535 (S.D.Fla.1988) (fees awarded in litigation over visitation, custody, contempt and child support nondischargeable); In re Farrell, 133 B.R. at 147-48 (holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child); In re Poe, 118 B.R. at 812 (fees incurred in child custody litigation exempt from discharge); York v. Castro (In re Castro), 74 B.R. 38, 39-40 (Bankr.M.D.Fla.1987) (attorney fees and litigation expenses relating to debtor’s abduction of child and denial of visitation rights held nondischargeable); Hicks v. Hicks (In re Hicks), 65 B.R. 227, 229 (Bankr.D.N.M.1986) (denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order); Rose v. Gedeon (In re Gedeon), 31 B.R. 942, 945 (Bankr.D.Colo.1983) (former wife’s fees in pursuing custody considered support); cf. Judge v. Schmiel (In re Schmiel), 94 B.R. 373, 379 (Bankr.E.D.Pa.1988) (dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable)."
} | 6,514,585 | b |
That is also fundamental objective upon which the award of sanctions .under SS 14-10-129.5 is based. See Colo.Rev.Stat. SS 14-10-129.5(2)(b) ("the court, in the best interests of the child, may issue orders which may include ... [modifying the previous order to meet the best interests of the child ... [and] [ajwarding to the aggrieved party, where appropriate, actual expenses ... ") (emphasis added). Under these circumstances, most courts hold that fees "inextricably intertwined with proceedings affecting the welfare of the child," such as custody and visitation, should be deemed support. | {
"signal": "cf.",
"identifier": "94 B.R. 373, 379",
"parenthetical": "dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable",
"sentence": "In re Peters, 133 B.R. at 295; see also Dellapa v. Vazquez (In re Vazquez), 92 B.R. 533, 535 (S.D.Fla.1988) (fees awarded in litigation over visitation, custody, contempt and child support nondischargeable); In re Farrell, 133 B.R. at 147-48 (holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child); In re Poe, 118 B.R. at 812 (fees incurred in child custody litigation exempt from discharge); York v. Castro (In re Castro), 74 B.R. 38, 39-40 (Bankr.M.D.Fla.1987) (attorney fees and litigation expenses relating to debtor’s abduction of child and denial of visitation rights held nondischargeable); Hicks v. Hicks (In re Hicks), 65 B.R. 227, 229 (Bankr.D.N.M.1986) (denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order); Rose v. Gedeon (In re Gedeon), 31 B.R. 942, 945 (Bankr.D.Colo.1983) (former wife’s fees in pursuing custody considered support); cf. Judge v. Schmiel (In re Schmiel), 94 B.R. 373, 379 (Bankr.E.D.Pa.1988) (dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable)."
} | {
"signal": "see also",
"identifier": "74 B.R. 38, 39-40",
"parenthetical": "attorney fees and litigation expenses relating to debtor's abduction of child and denial of visitation rights held nondischargeable",
"sentence": "In re Peters, 133 B.R. at 295; see also Dellapa v. Vazquez (In re Vazquez), 92 B.R. 533, 535 (S.D.Fla.1988) (fees awarded in litigation over visitation, custody, contempt and child support nondischargeable); In re Farrell, 133 B.R. at 147-48 (holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child); In re Poe, 118 B.R. at 812 (fees incurred in child custody litigation exempt from discharge); York v. Castro (In re Castro), 74 B.R. 38, 39-40 (Bankr.M.D.Fla.1987) (attorney fees and litigation expenses relating to debtor’s abduction of child and denial of visitation rights held nondischargeable); Hicks v. Hicks (In re Hicks), 65 B.R. 227, 229 (Bankr.D.N.M.1986) (denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order); Rose v. Gedeon (In re Gedeon), 31 B.R. 942, 945 (Bankr.D.Colo.1983) (former wife’s fees in pursuing custody considered support); cf. Judge v. Schmiel (In re Schmiel), 94 B.R. 373, 379 (Bankr.E.D.Pa.1988) (dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable)."
} | 6,514,585 | b |
That is also fundamental objective upon which the award of sanctions .under SS 14-10-129.5 is based. See Colo.Rev.Stat. SS 14-10-129.5(2)(b) ("the court, in the best interests of the child, may issue orders which may include ... [modifying the previous order to meet the best interests of the child ... [and] [ajwarding to the aggrieved party, where appropriate, actual expenses ... ") (emphasis added). Under these circumstances, most courts hold that fees "inextricably intertwined with proceedings affecting the welfare of the child," such as custody and visitation, should be deemed support. | {
"signal": "cf.",
"identifier": "94 B.R. 373, 379",
"parenthetical": "dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable",
"sentence": "In re Peters, 133 B.R. at 295; see also Dellapa v. Vazquez (In re Vazquez), 92 B.R. 533, 535 (S.D.Fla.1988) (fees awarded in litigation over visitation, custody, contempt and child support nondischargeable); In re Farrell, 133 B.R. at 147-48 (holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child); In re Poe, 118 B.R. at 812 (fees incurred in child custody litigation exempt from discharge); York v. Castro (In re Castro), 74 B.R. 38, 39-40 (Bankr.M.D.Fla.1987) (attorney fees and litigation expenses relating to debtor’s abduction of child and denial of visitation rights held nondischargeable); Hicks v. Hicks (In re Hicks), 65 B.R. 227, 229 (Bankr.D.N.M.1986) (denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order); Rose v. Gedeon (In re Gedeon), 31 B.R. 942, 945 (Bankr.D.Colo.1983) (former wife’s fees in pursuing custody considered support); cf. Judge v. Schmiel (In re Schmiel), 94 B.R. 373, 379 (Bankr.E.D.Pa.1988) (dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable)."
} | {
"signal": "see also",
"identifier": "65 B.R. 227, 229",
"parenthetical": "denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order",
"sentence": "In re Peters, 133 B.R. at 295; see also Dellapa v. Vazquez (In re Vazquez), 92 B.R. 533, 535 (S.D.Fla.1988) (fees awarded in litigation over visitation, custody, contempt and child support nondischargeable); In re Farrell, 133 B.R. at 147-48 (holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child); In re Poe, 118 B.R. at 812 (fees incurred in child custody litigation exempt from discharge); York v. Castro (In re Castro), 74 B.R. 38, 39-40 (Bankr.M.D.Fla.1987) (attorney fees and litigation expenses relating to debtor’s abduction of child and denial of visitation rights held nondischargeable); Hicks v. Hicks (In re Hicks), 65 B.R. 227, 229 (Bankr.D.N.M.1986) (denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order); Rose v. Gedeon (In re Gedeon), 31 B.R. 942, 945 (Bankr.D.Colo.1983) (former wife’s fees in pursuing custody considered support); cf. Judge v. Schmiel (In re Schmiel), 94 B.R. 373, 379 (Bankr.E.D.Pa.1988) (dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable)."
} | 6,514,585 | b |
As to purported violations of NGFA Grain Trade Rules, the arbitrators stated that they had looked beyond the rules to the express terms of the contract, which they held took precedence over NGFA rules. Thus, there was no "manifest disregard" of the NGFA Grain Trade Rules; at most, there'was an unreviewable legal error as to the applicability of those rules. | {
"signal": "see also",
"identifier": "137 F.3d 594, 594-95",
"parenthetical": "\"Regardless of the wisdom of the panel's [legal] conclusion, it in no way demonstrates a manifest disregard for the law warranting vacation of the arbitration award in this case.\"",
"sentence": "UHC Management Co., 148 F.3d at 998 (‘“We may not set an award aside simply because we might have interpreted the agreement differently or because the arbitrators erred in interpreting the law or in determining the facts.’ ”) (quoting Kiernan, 137 F.3d at 594); see also Kieman, 137 F.3d at 594-95 (“Regardless of the wisdom of the panel’s [legal] conclusion, it in no way demonstrates a manifest disregard for the law warranting vacation of the arbitration award in this case.”)."
} | {
"signal": "no signal",
"identifier": "148 F.3d 998, 998",
"parenthetical": "'\"We may not set an award aside simply because we might have interpreted the agreement differently or because the arbitrators erred in interpreting the law or in determining the facts.' \"",
"sentence": "UHC Management Co., 148 F.3d at 998 (‘“We may not set an award aside simply because we might have interpreted the agreement differently or because the arbitrators erred in interpreting the law or in determining the facts.’ ”) (quoting Kiernan, 137 F.3d at 594); see also Kieman, 137 F.3d at 594-95 (“Regardless of the wisdom of the panel’s [legal] conclusion, it in no way demonstrates a manifest disregard for the law warranting vacation of the arbitration award in this case.”)."
} | 11,575,953 | b |
Because all of the language of Section 1396r-6 except the "plan requirements" language, reflects Congress's intention to confer a right to TMA upon persons who meet the various eligibility requirements, we find that Section 1396r-6 can support a Section 1983 claim. The only relevant post -Gonzaga precedent from the Courts of Appeals supports this holding. | {
"signal": "see",
"identifier": "330 F.3d 758, 772-73",
"parenthetical": "finding that Medicaid recipients may bring a Section 1983 action for breach of the Medicaid Act's fair hearing provision assuming that they failed to receive complete and adequate medical benefits",
"sentence": "See Gean v. Hattaway, 330 F.3d 758, 772-73 (6th Cir.2003) (finding that Medicaid recipients may bring a Section 1983 action for breach of the Medicaid Act’s fair hearing provision assuming that they failed to receive complete and adequate medical benefits); Bryson v. Shumway, 308 F.3d 79, 88-89 (1st Cir.2002) (holding that Section 1396a(a)(8), which requires that state Medicaid plans provide that medical assistance “shall be furnished with reasonable promptness to all eligible individuals” supports a Section 1983 claim)."
} | {
"signal": "cf.",
"identifier": "496 U.S. 498, 501-02, 512",
"parenthetical": "holding that 42 U.S.C. SS 1396a(a)(13)(A), which requires states to make reasonable reimbursement to providers, was enforceable by the providers pursuant to Section 1983",
"sentence": "Cf. Wilder v. Virginia Hosp. Assoc., 496 U.S. 498, 501-02, 512, 110 S.Ct. 2510, 110 L.Ed.2d 455 (1990) (holding that 42 U.S.C. § 1396a(a)(13)(A), which requires states to make reasonable reimbursement to providers, was enforceable by the providers pursuant to Section 1983); Concourse Rehab. & Nursing Ctr. Inc. v. Whalen, 249 F.3d 136, 143-44 (2d Cir.2001) (holding prior to Gonzaga that Medicaid provision requiring nursing facilities to provide certain services was intended for the benefit of the recipients and not for the benefit of the facilities)."
} | 9,264,262 | a |
Because all of the language of Section 1396r-6 except the "plan requirements" language, reflects Congress's intention to confer a right to TMA upon persons who meet the various eligibility requirements, we find that Section 1396r-6 can support a Section 1983 claim. The only relevant post -Gonzaga precedent from the Courts of Appeals supports this holding. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that 42 U.S.C. SS 1396a(a)(13)(A), which requires states to make reasonable reimbursement to providers, was enforceable by the providers pursuant to Section 1983",
"sentence": "Cf. Wilder v. Virginia Hosp. Assoc., 496 U.S. 498, 501-02, 512, 110 S.Ct. 2510, 110 L.Ed.2d 455 (1990) (holding that 42 U.S.C. § 1396a(a)(13)(A), which requires states to make reasonable reimbursement to providers, was enforceable by the providers pursuant to Section 1983); Concourse Rehab. & Nursing Ctr. Inc. v. Whalen, 249 F.3d 136, 143-44 (2d Cir.2001) (holding prior to Gonzaga that Medicaid provision requiring nursing facilities to provide certain services was intended for the benefit of the recipients and not for the benefit of the facilities)."
} | {
"signal": "see",
"identifier": "330 F.3d 758, 772-73",
"parenthetical": "finding that Medicaid recipients may bring a Section 1983 action for breach of the Medicaid Act's fair hearing provision assuming that they failed to receive complete and adequate medical benefits",
"sentence": "See Gean v. Hattaway, 330 F.3d 758, 772-73 (6th Cir.2003) (finding that Medicaid recipients may bring a Section 1983 action for breach of the Medicaid Act’s fair hearing provision assuming that they failed to receive complete and adequate medical benefits); Bryson v. Shumway, 308 F.3d 79, 88-89 (1st Cir.2002) (holding that Section 1396a(a)(8), which requires that state Medicaid plans provide that medical assistance “shall be furnished with reasonable promptness to all eligible individuals” supports a Section 1983 claim)."
} | 9,264,262 | b |
Because all of the language of Section 1396r-6 except the "plan requirements" language, reflects Congress's intention to confer a right to TMA upon persons who meet the various eligibility requirements, we find that Section 1396r-6 can support a Section 1983 claim. The only relevant post -Gonzaga precedent from the Courts of Appeals supports this holding. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that 42 U.S.C. SS 1396a(a)(13)(A), which requires states to make reasonable reimbursement to providers, was enforceable by the providers pursuant to Section 1983",
"sentence": "Cf. Wilder v. Virginia Hosp. Assoc., 496 U.S. 498, 501-02, 512, 110 S.Ct. 2510, 110 L.Ed.2d 455 (1990) (holding that 42 U.S.C. § 1396a(a)(13)(A), which requires states to make reasonable reimbursement to providers, was enforceable by the providers pursuant to Section 1983); Concourse Rehab. & Nursing Ctr. Inc. v. Whalen, 249 F.3d 136, 143-44 (2d Cir.2001) (holding prior to Gonzaga that Medicaid provision requiring nursing facilities to provide certain services was intended for the benefit of the recipients and not for the benefit of the facilities)."
} | {
"signal": "see",
"identifier": "330 F.3d 758, 772-73",
"parenthetical": "finding that Medicaid recipients may bring a Section 1983 action for breach of the Medicaid Act's fair hearing provision assuming that they failed to receive complete and adequate medical benefits",
"sentence": "See Gean v. Hattaway, 330 F.3d 758, 772-73 (6th Cir.2003) (finding that Medicaid recipients may bring a Section 1983 action for breach of the Medicaid Act’s fair hearing provision assuming that they failed to receive complete and adequate medical benefits); Bryson v. Shumway, 308 F.3d 79, 88-89 (1st Cir.2002) (holding that Section 1396a(a)(8), which requires that state Medicaid plans provide that medical assistance “shall be furnished with reasonable promptness to all eligible individuals” supports a Section 1983 claim)."
} | 9,264,262 | b |
Because all of the language of Section 1396r-6 except the "plan requirements" language, reflects Congress's intention to confer a right to TMA upon persons who meet the various eligibility requirements, we find that Section 1396r-6 can support a Section 1983 claim. The only relevant post -Gonzaga precedent from the Courts of Appeals supports this holding. | {
"signal": "see",
"identifier": "330 F.3d 758, 772-73",
"parenthetical": "finding that Medicaid recipients may bring a Section 1983 action for breach of the Medicaid Act's fair hearing provision assuming that they failed to receive complete and adequate medical benefits",
"sentence": "See Gean v. Hattaway, 330 F.3d 758, 772-73 (6th Cir.2003) (finding that Medicaid recipients may bring a Section 1983 action for breach of the Medicaid Act’s fair hearing provision assuming that they failed to receive complete and adequate medical benefits); Bryson v. Shumway, 308 F.3d 79, 88-89 (1st Cir.2002) (holding that Section 1396a(a)(8), which requires that state Medicaid plans provide that medical assistance “shall be furnished with reasonable promptness to all eligible individuals” supports a Section 1983 claim)."
} | {
"signal": "cf.",
"identifier": "249 F.3d 136, 143-44",
"parenthetical": "holding prior to Gonzaga that Medicaid provision requiring nursing facilities to provide certain services was intended for the benefit of the recipients and not for the benefit of the facilities",
"sentence": "Cf. Wilder v. Virginia Hosp. Assoc., 496 U.S. 498, 501-02, 512, 110 S.Ct. 2510, 110 L.Ed.2d 455 (1990) (holding that 42 U.S.C. § 1396a(a)(13)(A), which requires states to make reasonable reimbursement to providers, was enforceable by the providers pursuant to Section 1983); Concourse Rehab. & Nursing Ctr. Inc. v. Whalen, 249 F.3d 136, 143-44 (2d Cir.2001) (holding prior to Gonzaga that Medicaid provision requiring nursing facilities to provide certain services was intended for the benefit of the recipients and not for the benefit of the facilities)."
} | 9,264,262 | a |
No editorials sounded the call for justice, nor did any county officials make public, blatantly prejudicial comments. Finally, the disclosure that Mills was in jail for a parole violation did not suggest that juror prejudice should have been presumed. | {
"signal": "cf.",
"identifier": "850 F.2d 1425, 1425",
"parenthetical": "\"[Prejudice is not presumed simply because the defendant's criminal record is well publicized.\"",
"sentence": "See Marsden v. Moore, 847 F.2d 1536, 1543 (11th Cir.) (holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors’ exposure to newspaper articles disclosing inadmissable evidence), cert. denied, 488 U.S. 983, 109 S.Ct. 534, 102 L.Ed.2d 566 (1988); cf. Bundy, 850 F.2d at 1425 (“[Prejudice is not presumed simply because the defendant’s criminal record is well publicized.”)."
} | {
"signal": "see",
"identifier": "847 F.2d 1536, 1543",
"parenthetical": "holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors' exposure to newspaper articles disclosing inadmissable evidence",
"sentence": "See Marsden v. Moore, 847 F.2d 1536, 1543 (11th Cir.) (holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors’ exposure to newspaper articles disclosing inadmissable evidence), cert. denied, 488 U.S. 983, 109 S.Ct. 534, 102 L.Ed.2d 566 (1988); cf. Bundy, 850 F.2d at 1425 (“[Prejudice is not presumed simply because the defendant’s criminal record is well publicized.”)."
} | 7,416,069 | b |
No editorials sounded the call for justice, nor did any county officials make public, blatantly prejudicial comments. Finally, the disclosure that Mills was in jail for a parole violation did not suggest that juror prejudice should have been presumed. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors' exposure to newspaper articles disclosing inadmissable evidence",
"sentence": "See Marsden v. Moore, 847 F.2d 1536, 1543 (11th Cir.) (holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors’ exposure to newspaper articles disclosing inadmissable evidence), cert. denied, 488 U.S. 983, 109 S.Ct. 534, 102 L.Ed.2d 566 (1988); cf. Bundy, 850 F.2d at 1425 (“[Prejudice is not presumed simply because the defendant’s criminal record is well publicized.”)."
} | {
"signal": "cf.",
"identifier": "850 F.2d 1425, 1425",
"parenthetical": "\"[Prejudice is not presumed simply because the defendant's criminal record is well publicized.\"",
"sentence": "See Marsden v. Moore, 847 F.2d 1536, 1543 (11th Cir.) (holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors’ exposure to newspaper articles disclosing inadmissable evidence), cert. denied, 488 U.S. 983, 109 S.Ct. 534, 102 L.Ed.2d 566 (1988); cf. Bundy, 850 F.2d at 1425 (“[Prejudice is not presumed simply because the defendant’s criminal record is well publicized.”)."
} | 7,416,069 | a |
No editorials sounded the call for justice, nor did any county officials make public, blatantly prejudicial comments. Finally, the disclosure that Mills was in jail for a parole violation did not suggest that juror prejudice should have been presumed. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors' exposure to newspaper articles disclosing inadmissable evidence",
"sentence": "See Marsden v. Moore, 847 F.2d 1536, 1543 (11th Cir.) (holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors’ exposure to newspaper articles disclosing inadmissable evidence), cert. denied, 488 U.S. 983, 109 S.Ct. 534, 102 L.Ed.2d 566 (1988); cf. Bundy, 850 F.2d at 1425 (“[Prejudice is not presumed simply because the defendant’s criminal record is well publicized.”)."
} | {
"signal": "cf.",
"identifier": "850 F.2d 1425, 1425",
"parenthetical": "\"[Prejudice is not presumed simply because the defendant's criminal record is well publicized.\"",
"sentence": "See Marsden v. Moore, 847 F.2d 1536, 1543 (11th Cir.) (holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors’ exposure to newspaper articles disclosing inadmissable evidence), cert. denied, 488 U.S. 983, 109 S.Ct. 534, 102 L.Ed.2d 566 (1988); cf. Bundy, 850 F.2d at 1425 (“[Prejudice is not presumed simply because the defendant’s criminal record is well publicized.”)."
} | 7,416,069 | a |
No editorials sounded the call for justice, nor did any county officials make public, blatantly prejudicial comments. Finally, the disclosure that Mills was in jail for a parole violation did not suggest that juror prejudice should have been presumed. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors' exposure to newspaper articles disclosing inadmissable evidence",
"sentence": "See Marsden v. Moore, 847 F.2d 1536, 1543 (11th Cir.) (holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors’ exposure to newspaper articles disclosing inadmissable evidence), cert. denied, 488 U.S. 983, 109 S.Ct. 534, 102 L.Ed.2d 566 (1988); cf. Bundy, 850 F.2d at 1425 (“[Prejudice is not presumed simply because the defendant’s criminal record is well publicized.”)."
} | {
"signal": "cf.",
"identifier": "850 F.2d 1425, 1425",
"parenthetical": "\"[Prejudice is not presumed simply because the defendant's criminal record is well publicized.\"",
"sentence": "See Marsden v. Moore, 847 F.2d 1536, 1543 (11th Cir.) (holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors’ exposure to newspaper articles disclosing inadmissable evidence), cert. denied, 488 U.S. 983, 109 S.Ct. 534, 102 L.Ed.2d 566 (1988); cf. Bundy, 850 F.2d at 1425 (“[Prejudice is not presumed simply because the defendant’s criminal record is well publicized.”)."
} | 7,416,069 | a |
FN6. This requirement of certitude should not be confused with the government's burden of proof, which, it is well settled, requires that inevitable discovery be established by a preponderance of the evidence. | {
"signal": "see",
"identifier": "467 U.S. 431, 444",
"parenthetical": "\"If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means ... then the deterrence rationale has so little basis that the evidence should be received.\" (emphasis added",
"sentence": "See Nix v. Williams, 467 U.S. 431, 444, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984) (“If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means ... then the deterrence rationale has so little basis that the evidence should be received.” (emphasis added)); see also United States v. Cunningham, 413 F.3d 1199, 1203 (10th Cir.2005) (“The government possesses the burden of proving by a preponderance of the evidence that the evidence at issue would have been discovered without the Fourth Amendment violation.”)."
} | {
"signal": "see also",
"identifier": "413 F.3d 1199, 1203",
"parenthetical": "\"The government possesses the burden of proving by a preponderance of the evidence that the evidence at issue would have been discovered without the Fourth Amendment violation.\"",
"sentence": "See Nix v. Williams, 467 U.S. 431, 444, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984) (“If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means ... then the deterrence rationale has so little basis that the evidence should be received.” (emphasis added)); see also United States v. Cunningham, 413 F.3d 1199, 1203 (10th Cir.2005) (“The government possesses the burden of proving by a preponderance of the evidence that the evidence at issue would have been discovered without the Fourth Amendment violation.”)."
} | 3,998,652 | a |
FN6. This requirement of certitude should not be confused with the government's burden of proof, which, it is well settled, requires that inevitable discovery be established by a preponderance of the evidence. | {
"signal": "see also",
"identifier": "413 F.3d 1199, 1203",
"parenthetical": "\"The government possesses the burden of proving by a preponderance of the evidence that the evidence at issue would have been discovered without the Fourth Amendment violation.\"",
"sentence": "See Nix v. Williams, 467 U.S. 431, 444, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984) (“If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means ... then the deterrence rationale has so little basis that the evidence should be received.” (emphasis added)); see also United States v. Cunningham, 413 F.3d 1199, 1203 (10th Cir.2005) (“The government possesses the burden of proving by a preponderance of the evidence that the evidence at issue would have been discovered without the Fourth Amendment violation.”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means ... then the deterrence rationale has so little basis that the evidence should be received.\" (emphasis added",
"sentence": "See Nix v. Williams, 467 U.S. 431, 444, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984) (“If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means ... then the deterrence rationale has so little basis that the evidence should be received.” (emphasis added)); see also United States v. Cunningham, 413 F.3d 1199, 1203 (10th Cir.2005) (“The government possesses the burden of proving by a preponderance of the evidence that the evidence at issue would have been discovered without the Fourth Amendment violation.”)."
} | 3,998,652 | b |
FN6. This requirement of certitude should not be confused with the government's burden of proof, which, it is well settled, requires that inevitable discovery be established by a preponderance of the evidence. | {
"signal": "see also",
"identifier": "413 F.3d 1199, 1203",
"parenthetical": "\"The government possesses the burden of proving by a preponderance of the evidence that the evidence at issue would have been discovered without the Fourth Amendment violation.\"",
"sentence": "See Nix v. Williams, 467 U.S. 431, 444, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984) (“If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means ... then the deterrence rationale has so little basis that the evidence should be received.” (emphasis added)); see also United States v. Cunningham, 413 F.3d 1199, 1203 (10th Cir.2005) (“The government possesses the burden of proving by a preponderance of the evidence that the evidence at issue would have been discovered without the Fourth Amendment violation.”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means ... then the deterrence rationale has so little basis that the evidence should be received.\" (emphasis added",
"sentence": "See Nix v. Williams, 467 U.S. 431, 444, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984) (“If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means ... then the deterrence rationale has so little basis that the evidence should be received.” (emphasis added)); see also United States v. Cunningham, 413 F.3d 1199, 1203 (10th Cir.2005) (“The government possesses the burden of proving by a preponderance of the evidence that the evidence at issue would have been discovered without the Fourth Amendment violation.”)."
} | 3,998,652 | b |
. The circuit courts that have addressed Amendment 801's retroactivity have arrived at different answers. | {
"signal": "no signal",
"identifier": "689 Fed.Appx. 492, 493",
"parenthetical": "holding, in view of the government's concession, that Amendment 801 is retroactive",
"sentence": "Compare United States v. Roberty, 689 Fed.Appx. 492, 493 (9th Cir. 2017) (holding, in view of the government’s concession, that Amendment 801 is retroactive), with United States v. Aman, 697 Fed.Appx. 939, 940 (10th Cir. 2017) (stating that Amendment 801 is riot retroactive)."
} | {
"signal": "see also",
"identifier": "859 F.3d 576, 578",
"parenthetical": "listing arguments on both sides but resolving the predicate sentencing challenge on harmlessness grounds",
"sentence": "See also United States v. Hansen, 859 F.3d 576, 578 (8th Cir. 2017) (listing arguments on both sides but resolving the predicate sentencing challenge on harmlessness grounds)."
} | 12,265,193 | a |
The cases cited by Diamond stand only for the proposition that under New York law, a claim for equitable distribution does not seek a judgment that affects the prop erty in a manner contemplated by Article 65. | {
"signal": "see also",
"identifier": "220 A.D.2d 201, 201",
"parenthetical": "\"A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.\"",
"sentence": "See Gross, 114 A.D.2d at 1003, 495 N.Y.S.2d at 443 (“The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].”); Fakiris, 177 A.D.2d at 543, 575 N.Y.S.2d at 927 (citing Gross for same); see also Sehgal v. Sehgal, 220 A.D.2d 201, 201, 631 N.Y.S.2d 360, 361 (App.Div.1995) (“A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.”)."
} | {
"signal": "see",
"identifier": "114 A.D.2d 1003, 1003",
"parenthetical": "\"The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].\"",
"sentence": "See Gross, 114 A.D.2d at 1003, 495 N.Y.S.2d at 443 (“The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].”); Fakiris, 177 A.D.2d at 543, 575 N.Y.S.2d at 927 (citing Gross for same); see also Sehgal v. Sehgal, 220 A.D.2d 201, 201, 631 N.Y.S.2d 360, 361 (App.Div.1995) (“A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.”)."
} | 6,050,837 | b |
The cases cited by Diamond stand only for the proposition that under New York law, a claim for equitable distribution does not seek a judgment that affects the prop erty in a manner contemplated by Article 65. | {
"signal": "see",
"identifier": "114 A.D.2d 1003, 1003",
"parenthetical": "\"The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].\"",
"sentence": "See Gross, 114 A.D.2d at 1003, 495 N.Y.S.2d at 443 (“The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].”); Fakiris, 177 A.D.2d at 543, 575 N.Y.S.2d at 927 (citing Gross for same); see also Sehgal v. Sehgal, 220 A.D.2d 201, 201, 631 N.Y.S.2d 360, 361 (App.Div.1995) (“A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.”)."
} | {
"signal": "see also",
"identifier": "631 N.Y.S.2d 360, 361",
"parenthetical": "\"A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.\"",
"sentence": "See Gross, 114 A.D.2d at 1003, 495 N.Y.S.2d at 443 (“The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].”); Fakiris, 177 A.D.2d at 543, 575 N.Y.S.2d at 927 (citing Gross for same); see also Sehgal v. Sehgal, 220 A.D.2d 201, 201, 631 N.Y.S.2d 360, 361 (App.Div.1995) (“A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.”)."
} | 6,050,837 | a |
The cases cited by Diamond stand only for the proposition that under New York law, a claim for equitable distribution does not seek a judgment that affects the prop erty in a manner contemplated by Article 65. | {
"signal": "see also",
"identifier": "220 A.D.2d 201, 201",
"parenthetical": "\"A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.\"",
"sentence": "See Gross, 114 A.D.2d at 1003, 495 N.Y.S.2d at 443 (“The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].”); Fakiris, 177 A.D.2d at 543, 575 N.Y.S.2d at 927 (citing Gross for same); see also Sehgal v. Sehgal, 220 A.D.2d 201, 201, 631 N.Y.S.2d 360, 361 (App.Div.1995) (“A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.”)."
} | {
"signal": "see",
"identifier": "495 N.Y.S.2d 443, 443",
"parenthetical": "\"The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].\"",
"sentence": "See Gross, 114 A.D.2d at 1003, 495 N.Y.S.2d at 443 (“The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].”); Fakiris, 177 A.D.2d at 543, 575 N.Y.S.2d at 927 (citing Gross for same); see also Sehgal v. Sehgal, 220 A.D.2d 201, 201, 631 N.Y.S.2d 360, 361 (App.Div.1995) (“A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.”)."
} | 6,050,837 | b |
The cases cited by Diamond stand only for the proposition that under New York law, a claim for equitable distribution does not seek a judgment that affects the prop erty in a manner contemplated by Article 65. | {
"signal": "see",
"identifier": "495 N.Y.S.2d 443, 443",
"parenthetical": "\"The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].\"",
"sentence": "See Gross, 114 A.D.2d at 1003, 495 N.Y.S.2d at 443 (“The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].”); Fakiris, 177 A.D.2d at 543, 575 N.Y.S.2d at 927 (citing Gross for same); see also Sehgal v. Sehgal, 220 A.D.2d 201, 201, 631 N.Y.S.2d 360, 361 (App.Div.1995) (“A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.”)."
} | {
"signal": "see also",
"identifier": "631 N.Y.S.2d 360, 361",
"parenthetical": "\"A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.\"",
"sentence": "See Gross, 114 A.D.2d at 1003, 495 N.Y.S.2d at 443 (“The fact that plaintiff may be entitled to an equitable distribution with regard to the residence does not give rise to [the extraordinary] privilege [of filing of a notice of pendency].”); Fakiris, 177 A.D.2d at 543, 575 N.Y.S.2d at 927 (citing Gross for same); see also Sehgal v. Sehgal, 220 A.D.2d 201, 201, 631 N.Y.S.2d 360, 361 (App.Div.1995) (“A claim that real property is a marital asset subject to distribution does not, by itself, establish grounds for a lis pendens.”)."
} | 6,050,837 | a |
He then dragged her by her arm, beat her head against the floor multiple times, and kicked her in her torso, while in an area between the dining room and living room. We concluded that the defendant's guilty verdicts should have merged because his "conduct was continuous and uninterrupted; there was no evidence that he paused his aggression from the time he pulled the victim off the bed to the final charged act of kicking her in the torso." | {
"signal": "no signal",
"identifier": "185 Or App 125, 130",
"parenthetical": "insufficient evidence as to a significant pause between blows to victim's body with a wooden closet rod",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | {
"signal": "see also",
"identifier": "236 Or App 339, 348",
"parenthetical": "insufficient evidence as to a significant pause in the defendant's assault of a corrections officer",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | 5,768,301 | a |
He then dragged her by her arm, beat her head against the floor multiple times, and kicked her in her torso, while in an area between the dining room and living room. We concluded that the defendant's guilty verdicts should have merged because his "conduct was continuous and uninterrupted; there was no evidence that he paused his aggression from the time he pulled the victim off the bed to the final charged act of kicking her in the torso." | {
"signal": "no signal",
"identifier": "185 Or App 125, 130",
"parenthetical": "insufficient evidence as to a significant pause between blows to victim's body with a wooden closet rod",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "insufficient evidence as to a significant pause in the defendant's assault of a corrections officer",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | 5,768,301 | a |
He then dragged her by her arm, beat her head against the floor multiple times, and kicked her in her torso, while in an area between the dining room and living room. We concluded that the defendant's guilty verdicts should have merged because his "conduct was continuous and uninterrupted; there was no evidence that he paused his aggression from the time he pulled the victim off the bed to the final charged act of kicking her in the torso." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "insufficient evidence as to a significant pause between blows to victim's body with a wooden closet rod",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | {
"signal": "see also",
"identifier": "236 Or App 339, 348",
"parenthetical": "insufficient evidence as to a significant pause in the defendant's assault of a corrections officer",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | 5,768,301 | a |
He then dragged her by her arm, beat her head against the floor multiple times, and kicked her in her torso, while in an area between the dining room and living room. We concluded that the defendant's guilty verdicts should have merged because his "conduct was continuous and uninterrupted; there was no evidence that he paused his aggression from the time he pulled the victim off the bed to the final charged act of kicking her in the torso." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "insufficient evidence as to a significant pause between blows to victim's body with a wooden closet rod",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "insufficient evidence as to a significant pause in the defendant's assault of a corrections officer",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | 5,768,301 | a |
He then dragged her by her arm, beat her head against the floor multiple times, and kicked her in her torso, while in an area between the dining room and living room. We concluded that the defendant's guilty verdicts should have merged because his "conduct was continuous and uninterrupted; there was no evidence that he paused his aggression from the time he pulled the victim off the bed to the final charged act of kicking her in the torso." | {
"signal": "see also",
"identifier": "236 Or App 339, 348",
"parenthetical": "insufficient evidence as to a significant pause in the defendant's assault of a corrections officer",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "insufficient evidence as to a significant pause between blows to victim's body with a wooden closet rod",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | 5,768,301 | b |
He then dragged her by her arm, beat her head against the floor multiple times, and kicked her in her torso, while in an area between the dining room and living room. We concluded that the defendant's guilty verdicts should have merged because his "conduct was continuous and uninterrupted; there was no evidence that he paused his aggression from the time he pulled the victim off the bed to the final charged act of kicking her in the torso." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "insufficient evidence as to a significant pause between blows to victim's body with a wooden closet rod",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "insufficient evidence as to a significant pause in the defendant's assault of a corrections officer",
"sentence": "State v. Sanders, 185 Or App 125, 130, 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348, 236 P3d 770, rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause in the defendant’s assault of a corrections officer)."
} | 5,768,301 | a |
In turn, Section 10 of the same Article provides "nor shall private property be taken or applied to public use, without authority of law and without just compensation being first made or secured." Pa. Const. Article I, Section 10. Considered together, these passages embody the underlying sanctity of private property ownership enjoyed by the citizens of this Commonwealth, which yields only in the face of public interest. | {
"signal": "see",
"identifier": "55 Pa. 16, 25",
"parenthetical": "\"The right of the Commonwealth to take private property without the owner's assent on compensation made, or authorized it to be taken ... can never be lawfully exercised but for a public purpose -- supposed and intended to benefit the public, either mediately or immediately\"",
"sentence": "See Appeal of Lance, 55 Pa. 16, 25 (Pa.1867) (“The right of the Commonwealth to take private property without the owner’s assent on compensation made, or authorized it to be taken ... can never be lawfully exercised but for a public purpose — supposed and intended to benefit the public, either mediately or immediately”). Indeed, as early as 1871, this Court recognized that “[i]t has become, then, a fundamental axiom of constitutional law, not only in this, but in every other state of this Union, that the legislative power cannot, either directly or indirectly, without the consent of the owner, take private property for merely private use, with or without compensation.”"
} | {
"signal": "see also",
"identifier": "88 A. 489, 489",
"parenthetical": "stating that \"fwjhile the Constitution does not in express terms deny the right to take property for a private use under the power of eminent domain, the plain implication is that the power can only be exercised when the property taken is for a public use\"",
"sentence": "Palairet’s Appeal, 67 Pa. at 486 (emphasis supplied); see also Philadelphia Clay, 88 A. at 489 (stating that “fwjhile the Constitution does not in express terms deny the right to take property for a private use under the power of eminent domain, the plain implication is that the power can only be exercised when the property taken is for a public use”)."
} | 630,384 | a |
Neff's sentence would have been enhanced, for a "violent felony" conviction, whether or not the Court considered the facts surrounding his attempted burglary conviction. The Sentencing Commission has thus determined that certain crimes -- regardless of the precise conduct -- are inherently violent." | {
"signal": "see also",
"identifier": null,
"parenthetical": "applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a \"violent felony\"",
"sentence": "See Telesco, 962 F.2d at 166 (holding there is no such thing as a non-violent burglary); see also United States v. Hathaway, 949 F.2d 609 (2d Cir.1991) (per curiam), cert. denied, 502 U.S. 1119, 112 S.Ct. 1237, 117 L.Ed.2d 470 (1992) (applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a “violent felony”)."
} | {
"signal": "see",
"identifier": "962 F.2d 166, 166",
"parenthetical": "holding there is no such thing as a non-violent burglary",
"sentence": "See Telesco, 962 F.2d at 166 (holding there is no such thing as a non-violent burglary); see also United States v. Hathaway, 949 F.2d 609 (2d Cir.1991) (per curiam), cert. denied, 502 U.S. 1119, 112 S.Ct. 1237, 117 L.Ed.2d 470 (1992) (applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a “violent felony”)."
} | 288,306 | b |
Neff's sentence would have been enhanced, for a "violent felony" conviction, whether or not the Court considered the facts surrounding his attempted burglary conviction. The Sentencing Commission has thus determined that certain crimes -- regardless of the precise conduct -- are inherently violent." | {
"signal": "see also",
"identifier": null,
"parenthetical": "applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a \"violent felony\"",
"sentence": "See Telesco, 962 F.2d at 166 (holding there is no such thing as a non-violent burglary); see also United States v. Hathaway, 949 F.2d 609 (2d Cir.1991) (per curiam), cert. denied, 502 U.S. 1119, 112 S.Ct. 1237, 117 L.Ed.2d 470 (1992) (applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a “violent felony”)."
} | {
"signal": "see",
"identifier": "962 F.2d 166, 166",
"parenthetical": "holding there is no such thing as a non-violent burglary",
"sentence": "See Telesco, 962 F.2d at 166 (holding there is no such thing as a non-violent burglary); see also United States v. Hathaway, 949 F.2d 609 (2d Cir.1991) (per curiam), cert. denied, 502 U.S. 1119, 112 S.Ct. 1237, 117 L.Ed.2d 470 (1992) (applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a “violent felony”)."
} | 288,306 | b |
Neff's sentence would have been enhanced, for a "violent felony" conviction, whether or not the Court considered the facts surrounding his attempted burglary conviction. The Sentencing Commission has thus determined that certain crimes -- regardless of the precise conduct -- are inherently violent." | {
"signal": "see also",
"identifier": null,
"parenthetical": "applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a \"violent felony\"",
"sentence": "See Telesco, 962 F.2d at 166 (holding there is no such thing as a non-violent burglary); see also United States v. Hathaway, 949 F.2d 609 (2d Cir.1991) (per curiam), cert. denied, 502 U.S. 1119, 112 S.Ct. 1237, 117 L.Ed.2d 470 (1992) (applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a “violent felony”)."
} | {
"signal": "see",
"identifier": "962 F.2d 166, 166",
"parenthetical": "holding there is no such thing as a non-violent burglary",
"sentence": "See Telesco, 962 F.2d at 166 (holding there is no such thing as a non-violent burglary); see also United States v. Hathaway, 949 F.2d 609 (2d Cir.1991) (per curiam), cert. denied, 502 U.S. 1119, 112 S.Ct. 1237, 117 L.Ed.2d 470 (1992) (applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a “violent felony”)."
} | 288,306 | b |
Neff's sentence would have been enhanced, for a "violent felony" conviction, whether or not the Court considered the facts surrounding his attempted burglary conviction. The Sentencing Commission has thus determined that certain crimes -- regardless of the precise conduct -- are inherently violent." | {
"signal": "see also",
"identifier": null,
"parenthetical": "applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a \"violent felony\"",
"sentence": "See Telesco, 962 F.2d at 166 (holding there is no such thing as a non-violent burglary); see also United States v. Hathaway, 949 F.2d 609 (2d Cir.1991) (per curiam), cert. denied, 502 U.S. 1119, 112 S.Ct. 1237, 117 L.Ed.2d 470 (1992) (applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a “violent felony”)."
} | {
"signal": "see",
"identifier": "962 F.2d 166, 166",
"parenthetical": "holding there is no such thing as a non-violent burglary",
"sentence": "See Telesco, 962 F.2d at 166 (holding there is no such thing as a non-violent burglary); see also United States v. Hathaway, 949 F.2d 609 (2d Cir.1991) (per curiam), cert. denied, 502 U.S. 1119, 112 S.Ct. 1237, 117 L.Ed.2d 470 (1992) (applying a categorical, rather than a factual approach to the determination of whether a prior conviction was a “violent felony”)."
} | 288,306 | b |
. Even if the petition of 1/15/97 was untimely under Pennsylvania law, it is unclear that I would be obligated to make this finding absent a ruling by the state courts to that effect. | {
"signal": "see",
"identifier": "892 F.2d 331, 337",
"parenthetical": "\"[W]e are not bound to enforce a state procedural rule when the state itself has not done so, even if the procedural rule is theoretically applicable to our facts\"",
"sentence": "See Smith v. Freeman, 892 F.2d 331, 337 (3d Cir.1989) (”[W]e are not bound to enforce a state procedural rule when the state itself has not done so, even if the procedural rule is theoretically applicable to our facts”)."
} | {
"signal": "cf.",
"identifier": "232 F.3d 799, 806",
"parenthetical": "adopting approach that analyzes whether a state application complied with the state's applicable filing requirements, independent of how the state courts treated the application",
"sentence": "Cf. Gibson v. Klinger, 232 F.3d 799, 806 (10th Cir.2000) (adopting approach that analyzes whether a state application complied with the state’s applicable filing requirements, independent of how the state courts treated the application)."
} | 9,403,678 | a |
(See Hutzler Tr. at 104-6.) Similarly, Swinney, the NYCHA supervisor at the work site, has testified that, whenever there was a problem with the water jet not "having pressure," he would report the problem to the on-site Yankee Fiber employees and that those employees would fix, or attempt to fix, the problem. (Swinney Tr. at 38.) Accordingly, the Court finds that, drawing all reasonable inferences in plaintiffs favor, he has presented sufficient evidence to establish that Yankee Fiber owed a duty to plaintiff to take reasonable care in maintaining and/or operating the water jet. | {
"signal": "see",
"identifier": "763 N.Y.S.2d 859, 859",
"parenthetical": "finding that a lessor of construction equipment owed a duty of care to one of the lessee's employees that operated the equipment \"arising out of [the defendant-lessor's] status as a repairer of the equipment it provided\"",
"sentence": "See Hopps, 763 N.Y.S.2d at 859 (finding that a lessor of construction equipment owed a duty of care to one of the lessee’s employees that operated the equipment “arising out of [the defendant-lessor’s] status as a repairer of the equipment it provided”); see also Petty v. New York Cent. R.R, 322 F.Supp. 1324, 1326 (S.D.N.Y.1970) (“[I]t is clear that in the case where damages result from the lessor’s maintenance, the lessor bears the responsibility for the said damages.”)."
} | {
"signal": "see also",
"identifier": "322 F.Supp. 1324, 1326",
"parenthetical": "\"[I]t is clear that in the case where damages result from the lessor's maintenance, the lessor bears the responsibility for the said damages.\"",
"sentence": "See Hopps, 763 N.Y.S.2d at 859 (finding that a lessor of construction equipment owed a duty of care to one of the lessee’s employees that operated the equipment “arising out of [the defendant-lessor’s] status as a repairer of the equipment it provided”); see also Petty v. New York Cent. R.R, 322 F.Supp. 1324, 1326 (S.D.N.Y.1970) (“[I]t is clear that in the case where damages result from the lessor’s maintenance, the lessor bears the responsibility for the said damages.”)."
} | 4,093,119 | a |
"Commerce retains broad discretion to define and clarify the scope of an antidumping investigation in a manner which reflects the intent of the petition." | {
"signal": "no signal",
"identifier": "782 F. Supp. 117, 120",
"parenthetical": "upholding as supported by substantial evidence scope clarification made after notice of initiation",
"sentence": "Minebea Co. v. United States, 16 CIT 20, 22; 782 F. Supp. 117, 120 (1992) (upholding as supported by substantial evidence scope clarification made after notice of initiation). This discretion is limited by the requirement that it be exercised reasonably and that any consequent determination be supported by substantial evidence in the administrative record."
} | {
"signal": "see",
"identifier": "16 CIT 562, 565",
"parenthetical": "''Commerce, however, must exercise cau-thion in redefining scope in midstream to include items which were clearly known about and excluded at the time of initiation of the investigation * * *.\"",
"sentence": "See Smith Corona v. United States, 16 CIT 562, 565, 796 F. Supp. 1532, 1535 (1992) (’’Commerce, however, must exercise cau-thion in redefining scope in midstream to include items which were clearly known about and excluded at the time of initiation of the investigation * * *.”)."
} | 11,505,178 | a |
"Commerce retains broad discretion to define and clarify the scope of an antidumping investigation in a manner which reflects the intent of the petition." | {
"signal": "see",
"identifier": "796 F. Supp. 1532, 1535",
"parenthetical": "''Commerce, however, must exercise cau-thion in redefining scope in midstream to include items which were clearly known about and excluded at the time of initiation of the investigation * * *.\"",
"sentence": "See Smith Corona v. United States, 16 CIT 562, 565, 796 F. Supp. 1532, 1535 (1992) (’’Commerce, however, must exercise cau-thion in redefining scope in midstream to include items which were clearly known about and excluded at the time of initiation of the investigation * * *.”)."
} | {
"signal": "no signal",
"identifier": "782 F. Supp. 117, 120",
"parenthetical": "upholding as supported by substantial evidence scope clarification made after notice of initiation",
"sentence": "Minebea Co. v. United States, 16 CIT 20, 22; 782 F. Supp. 117, 120 (1992) (upholding as supported by substantial evidence scope clarification made after notice of initiation). This discretion is limited by the requirement that it be exercised reasonably and that any consequent determination be supported by substantial evidence in the administrative record."
} | 11,505,178 | b |
Subsequent to the decision in Keene Corp., many jurisdictions have applied the continuous trigger theory in both asbestos and environmental contamination cases. | {
"signal": "see also",
"identifier": "22 Tort & Ins. L.J. 632, 632-33",
"parenthetical": "\"Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a 'single point in time' test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.\"",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | {
"signal": "see",
"identifier": "662 F.Supp. 71, 76",
"parenthetical": "reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates \"each exposure of the environment to a pollutant\"",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | 199,561 | b |
Subsequent to the decision in Keene Corp., many jurisdictions have applied the continuous trigger theory in both asbestos and environmental contamination cases. | {
"signal": "see also",
"identifier": "22 Tort & Ins. L.J. 632, 632-33",
"parenthetical": "\"Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a 'single point in time' test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.\"",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | {
"signal": "see",
"identifier": "725 F.Supp. 800, 812",
"parenthetical": "concluding in leachate pollution case that \"the entire injurious process may constitute 'injury' under the terms of the policies\"",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | 199,561 | b |
Subsequent to the decision in Keene Corp., many jurisdictions have applied the continuous trigger theory in both asbestos and environmental contamination cases. | {
"signal": "see also",
"identifier": "22 Tort & Ins. L.J. 632, 632-33",
"parenthetical": "\"Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a 'single point in time' test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.\"",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding in leachate pollution case that \"the entire injurious process may constitute 'injury' under the terms of the policies\"",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | 199,561 | b |
Subsequent to the decision in Keene Corp., many jurisdictions have applied the continuous trigger theory in both asbestos and environmental contamination cases. | {
"signal": "see also",
"identifier": "22 Tort & Ins. L.J. 632, 632-33",
"parenthetical": "\"Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a 'single point in time' test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.\"",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | {
"signal": "see",
"identifier": "831 F.Supp. 1111, 1124",
"parenthetical": "finding \"slow leaching of pollutants from a landfill to adjacent property\" constitutes a progressive injury requiring use of continuous trigger theory",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | 199,561 | b |
Subsequent to the decision in Keene Corp., many jurisdictions have applied the continuous trigger theory in both asbestos and environmental contamination cases. | {
"signal": "see",
"identifier": "523 N.W.2d 657, 664",
"parenthetical": "holding groundwater contamination is \"continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy\"",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | {
"signal": "see also",
"identifier": "22 Tort & Ins. L.J. 632, 632-33",
"parenthetical": "\"Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a 'single point in time' test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.\"",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | 199,561 | a |
Subsequent to the decision in Keene Corp., many jurisdictions have applied the continuous trigger theory in both asbestos and environmental contamination cases. | {
"signal": "see",
"identifier": "104 F.Supp.2d 740, 749",
"parenthetical": "holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | {
"signal": "see also",
"identifier": "22 Tort & Ins. L.J. 632, 632-33",
"parenthetical": "\"Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a 'single point in time' test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.\"",
"sentence": "See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”)."
} | 199,561 | a |
These reasonable inferences indicate that Hohenwald engaged in calculated decision-making fueled by anger, not terror. | {
"signal": "see",
"identifier": "759 N.W.2d 40, 40",
"parenthetical": "stating that anger alone is insufficient to form the basis for heat-of-passion manslaughter",
"sentence": "See Van Keuren, 759 N.W.2d at 40 (stating that anger alone is insufficient to form the basis for heat-of-passion manslaughter); State v. Richardson, 398 N.W.2d 657, 664 (Minn.1986) (holding that a defendant’s decision to chase the victim and continue his attack “indicates hate instead of terror”). Thus, the circumstances proved support reasonable inferences that establish beyond a reasonable doubt that Hohenwald’s reason and willpower were neither clouded nor weakened at the time of the killings."
} | {
"signal": "cf.",
"identifier": "624 N.W.2d 585, 591",
"parenthetical": "concluding that the defendant did not act in the heat of passion when he made \"rational\" and \"calculating\" attempts to avoid detection for the crime he had just committed",
"sentence": "Cf. State v. Stewart, 624 N.W.2d 585, 591 (Minn.2001) (concluding that the defendant did not act in the heat of passion when he made “rational” and “calculating” attempts to avoid detection for the crime he had just committed)."
} | 7,076,496 | a |
These reasonable inferences indicate that Hohenwald engaged in calculated decision-making fueled by anger, not terror. | {
"signal": "cf.",
"identifier": "624 N.W.2d 585, 591",
"parenthetical": "concluding that the defendant did not act in the heat of passion when he made \"rational\" and \"calculating\" attempts to avoid detection for the crime he had just committed",
"sentence": "Cf. State v. Stewart, 624 N.W.2d 585, 591 (Minn.2001) (concluding that the defendant did not act in the heat of passion when he made “rational” and “calculating” attempts to avoid detection for the crime he had just committed)."
} | {
"signal": "see",
"identifier": "398 N.W.2d 657, 664",
"parenthetical": "holding that a defendant's decision to chase the victim and continue his attack \"indicates hate instead of terror\"",
"sentence": "See Van Keuren, 759 N.W.2d at 40 (stating that anger alone is insufficient to form the basis for heat-of-passion manslaughter); State v. Richardson, 398 N.W.2d 657, 664 (Minn.1986) (holding that a defendant’s decision to chase the victim and continue his attack “indicates hate instead of terror”). Thus, the circumstances proved support reasonable inferences that establish beyond a reasonable doubt that Hohenwald’s reason and willpower were neither clouded nor weakened at the time of the killings."
} | 7,076,496 | b |
. Moreover, petitioners' children have resided in Colombia since the time of the alleged persecution without any harm. | {
"signal": "cf.",
"identifier": "396 F.3d 530, 537",
"parenthetical": "\"[Wjhen family members remain in petitioner's native country without meeting harm, and there is no individualized showing that petitioner would be singled out for persecution, the reasonableness of a petitioner's well-founded fear of future persecution is diminished\"",
"sentence": "See Abdulrah-man, 330 F.3d at 592 n. 3 (presumption of well-founded fear of persecution can be rebutted with evidence that petitioner can reasonably avoid persecution by relocating to another part of his or her country); cf. Lie v. Ashcroft, 396 F.3d 530, 537 (3d Cir.2005) (\"[Wjhen family members remain in petitioner’s native country without meeting harm, and there is no individualized showing that petitioner would be singled out for persecution, the reasonableness of a petitioner's well-founded fear of future persecution is diminished”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "presumption of well-founded fear of persecution can be rebutted with evidence that petitioner can reasonably avoid persecution by relocating to another part of his or her country",
"sentence": "See Abdulrah-man, 330 F.3d at 592 n. 3 (presumption of well-founded fear of persecution can be rebutted with evidence that petitioner can reasonably avoid persecution by relocating to another part of his or her country); cf. Lie v. Ashcroft, 396 F.3d 530, 537 (3d Cir.2005) (\"[Wjhen family members remain in petitioner’s native country without meeting harm, and there is no individualized showing that petitioner would be singled out for persecution, the reasonableness of a petitioner's well-founded fear of future persecution is diminished”)."
} | 3,858,870 | b |
The amended complaint refers to the claim against these individuals as a claim for malicious prosecution. Any such claim is barred by absolute prosecutorial immunity. | {
"signal": "see",
"identifier": "52 F.3d 1139, 1147, 1149",
"parenthetical": "malicious prosecution claim covered by doctrine of absolute prosecutorial immunity, which creates \"formidable obstacle\" for plaintiff seeking relief under SS 1983",
"sentence": "See Pinaud v. County of Suffolk, 52 F.3d 1139, 1147, 1149 (2d Cir. 1995) (malicious prosecution claim covered by doctrine of absolute prosecutorial immunity, which creates “formidable obstacle” for plaintiff seeking relief under § 1983). Plaintiff’s allegation of a conspiracy to present false testimony against him at his criminal trial does not undercut the prosecutors’ absolute immunity."
} | {
"signal": "no signal",
"identifier": "424 U.S. 409, 420, 431",
"parenthetical": "state prosecutors absolutely immune from liability under SS 1983 for initiating prosecution and presenting state's case",
"sentence": "Imbler v. Pachtman, 424 U.S. 409, 420, 431, 96 S.Ct. 984, 990, 995, 47 L.Ed.2d 128 (1976) (state prosecutors absolutely immune from liability under § 1983 for initiating prosecution and presenting state’s case)."
} | 7,753,493 | b |
The amended complaint refers to the claim against these individuals as a claim for malicious prosecution. Any such claim is barred by absolute prosecutorial immunity. | {
"signal": "no signal",
"identifier": "96 S.Ct. 984, 990, 995",
"parenthetical": "state prosecutors absolutely immune from liability under SS 1983 for initiating prosecution and presenting state's case",
"sentence": "Imbler v. Pachtman, 424 U.S. 409, 420, 431, 96 S.Ct. 984, 990, 995, 47 L.Ed.2d 128 (1976) (state prosecutors absolutely immune from liability under § 1983 for initiating prosecution and presenting state’s case)."
} | {
"signal": "see",
"identifier": "52 F.3d 1139, 1147, 1149",
"parenthetical": "malicious prosecution claim covered by doctrine of absolute prosecutorial immunity, which creates \"formidable obstacle\" for plaintiff seeking relief under SS 1983",
"sentence": "See Pinaud v. County of Suffolk, 52 F.3d 1139, 1147, 1149 (2d Cir. 1995) (malicious prosecution claim covered by doctrine of absolute prosecutorial immunity, which creates “formidable obstacle” for plaintiff seeking relief under § 1983). Plaintiff’s allegation of a conspiracy to present false testimony against him at his criminal trial does not undercut the prosecutors’ absolute immunity."
} | 7,753,493 | a |
The amended complaint refers to the claim against these individuals as a claim for malicious prosecution. Any such claim is barred by absolute prosecutorial immunity. | {
"signal": "see",
"identifier": "52 F.3d 1139, 1147, 1149",
"parenthetical": "malicious prosecution claim covered by doctrine of absolute prosecutorial immunity, which creates \"formidable obstacle\" for plaintiff seeking relief under SS 1983",
"sentence": "See Pinaud v. County of Suffolk, 52 F.3d 1139, 1147, 1149 (2d Cir. 1995) (malicious prosecution claim covered by doctrine of absolute prosecutorial immunity, which creates “formidable obstacle” for plaintiff seeking relief under § 1983). Plaintiff’s allegation of a conspiracy to present false testimony against him at his criminal trial does not undercut the prosecutors’ absolute immunity."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "state prosecutors absolutely immune from liability under SS 1983 for initiating prosecution and presenting state's case",
"sentence": "Imbler v. Pachtman, 424 U.S. 409, 420, 431, 96 S.Ct. 984, 990, 995, 47 L.Ed.2d 128 (1976) (state prosecutors absolutely immune from liability under § 1983 for initiating prosecution and presenting state’s case)."
} | 7,753,493 | b |
Again, our inquiry is limited to determining whether there is sufficient evidence upon which a reasonable jury could conclude Stanley's guilt. After diligently reviewing the record, we find that the evidence is sufficient to convict Stanley on all three Travel Act Counts. | {
"signal": "see also",
"identifier": "706 F.2d 1351, 1351",
"parenthetical": "where Travel Act conviction was challenged, applying reasonable jury standard to uphold that conviction",
"sentence": "See Carrion, 809 F.2d at 1127 (finding enough evidence to establish continuous course of conduct for Travel Act purposes); see also Cauble, 706 F.2d at 1351 (where Travel Act conviction was challenged, applying reasonable jury standard to uphold that conviction)."
} | {
"signal": "see",
"identifier": "809 F.2d 1127, 1127",
"parenthetical": "finding enough evidence to establish continuous course of conduct for Travel Act purposes",
"sentence": "See Carrion, 809 F.2d at 1127 (finding enough evidence to establish continuous course of conduct for Travel Act purposes); see also Cauble, 706 F.2d at 1351 (where Travel Act conviction was challenged, applying reasonable jury standard to uphold that conviction)."
} | 11,944,645 | b |
Regardless of the particulars, which the courts have not yet explored in depth, as a general rule, the hurdle Gisbrecht erects for the claimant's attorney is rather low, and a change to the agreement is warranted at least, and perhaps at most, when justice requires. | {
"signal": "see also",
"identifier": "176 F.3d 1325, 1325",
"parenthetical": "describing the \"contingent fee\" method as it was applied prior to Gisbrecht as \"essentially erect[ing] a rebuttable presumption that a contingency fee arrangement of 25 percent or less is a reasonable fee, absent evidence suggesting otherwise\"",
"sentence": "See, e.g., Yarnevic v. Apfel, 359 F.Supp.2d 1363, 1363-67 (N.D.Ga.2005) (approving a contingency fee agreement resulting in an award of $21,057.75 for approximately 33 hours of work conducted primarily by the attorney’s paralegals and noting, “Since Gisbrecht ... the district courts generally have been deferential to the terms of contingency fee contracts in § 406(b) cases, accepting that the resulting de facto hourly rates may exceed those for non contingency-fee arrangements”); Claypool v. Barnhart, 294 F.Supp.2d 829 (S.D.W.Va.2003) (approving a request for an award under a contingency fee agreement of $18,000, or approximately 9 percent of the past-due benefits awarded, for 12.56 hours); Hearn v. Barnhart, 262 F.Supp.2d 1033, 1037 (N.D.Cal.2003) (approving $25,132.50, or 18.2 percent of past-due benefits, for 56 hours); Martin v. Barnhart, 225 F.Supp.2d 704 (W.D.Va.2002) (approving $10,189.50, or 25 percent, for 16.82 hours); see also Kay, 176 F.3d at 1325 (describing the “contingent fee” method as it was applied prior to Gisbrecht as “essentially erect[ing] a rebuttable presumption that a contingency fee arrangement of 25 percent or less is a reasonable fee, absent evidence suggesting otherwise”)."
} | {
"signal": "see",
"identifier": "359 F.Supp.2d 1363, 1363-67",
"parenthetical": "approving a contingency fee agreement resulting in an award of $21,057.75 for approximately 33 hours of work conducted primarily by the attorney's paralegals and noting, \"Since Gisbrecht ... the district courts generally have been deferential to the terms of contingency fee contracts in SS 406(b",
"sentence": "See, e.g., Yarnevic v. Apfel, 359 F.Supp.2d 1363, 1363-67 (N.D.Ga.2005) (approving a contingency fee agreement resulting in an award of $21,057.75 for approximately 33 hours of work conducted primarily by the attorney’s paralegals and noting, “Since Gisbrecht ... the district courts generally have been deferential to the terms of contingency fee contracts in § 406(b) cases, accepting that the resulting de facto hourly rates may exceed those for non contingency-fee arrangements”); Claypool v. Barnhart, 294 F.Supp.2d 829 (S.D.W.Va.2003) (approving a request for an award under a contingency fee agreement of $18,000, or approximately 9 percent of the past-due benefits awarded, for 12.56 hours); Hearn v. Barnhart, 262 F.Supp.2d 1033, 1037 (N.D.Cal.2003) (approving $25,132.50, or 18.2 percent of past-due benefits, for 56 hours); Martin v. Barnhart, 225 F.Supp.2d 704 (W.D.Va.2002) (approving $10,189.50, or 25 percent, for 16.82 hours); see also Kay, 176 F.3d at 1325 (describing the “contingent fee” method as it was applied prior to Gisbrecht as “essentially erect[ing] a rebuttable presumption that a contingency fee arrangement of 25 percent or less is a reasonable fee, absent evidence suggesting otherwise”)."
} | 1,001,932 | b |
Regardless of the particulars, which the courts have not yet explored in depth, as a general rule, the hurdle Gisbrecht erects for the claimant's attorney is rather low, and a change to the agreement is warranted at least, and perhaps at most, when justice requires. | {
"signal": "see also",
"identifier": "176 F.3d 1325, 1325",
"parenthetical": "describing the \"contingent fee\" method as it was applied prior to Gisbrecht as \"essentially erect[ing] a rebuttable presumption that a contingency fee arrangement of 25 percent or less is a reasonable fee, absent evidence suggesting otherwise\"",
"sentence": "See, e.g., Yarnevic v. Apfel, 359 F.Supp.2d 1363, 1363-67 (N.D.Ga.2005) (approving a contingency fee agreement resulting in an award of $21,057.75 for approximately 33 hours of work conducted primarily by the attorney’s paralegals and noting, “Since Gisbrecht ... the district courts generally have been deferential to the terms of contingency fee contracts in § 406(b) cases, accepting that the resulting de facto hourly rates may exceed those for non contingency-fee arrangements”); Claypool v. Barnhart, 294 F.Supp.2d 829 (S.D.W.Va.2003) (approving a request for an award under a contingency fee agreement of $18,000, or approximately 9 percent of the past-due benefits awarded, for 12.56 hours); Hearn v. Barnhart, 262 F.Supp.2d 1033, 1037 (N.D.Cal.2003) (approving $25,132.50, or 18.2 percent of past-due benefits, for 56 hours); Martin v. Barnhart, 225 F.Supp.2d 704 (W.D.Va.2002) (approving $10,189.50, or 25 percent, for 16.82 hours); see also Kay, 176 F.3d at 1325 (describing the “contingent fee” method as it was applied prior to Gisbrecht as “essentially erect[ing] a rebuttable presumption that a contingency fee arrangement of 25 percent or less is a reasonable fee, absent evidence suggesting otherwise”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "approving a request for an award under a contingency fee agreement of $18,000, or approximately 9 percent of the past-due benefits awarded, for 12.56 hours",
"sentence": "See, e.g., Yarnevic v. Apfel, 359 F.Supp.2d 1363, 1363-67 (N.D.Ga.2005) (approving a contingency fee agreement resulting in an award of $21,057.75 for approximately 33 hours of work conducted primarily by the attorney’s paralegals and noting, “Since Gisbrecht ... the district courts generally have been deferential to the terms of contingency fee contracts in § 406(b) cases, accepting that the resulting de facto hourly rates may exceed those for non contingency-fee arrangements”); Claypool v. Barnhart, 294 F.Supp.2d 829 (S.D.W.Va.2003) (approving a request for an award under a contingency fee agreement of $18,000, or approximately 9 percent of the past-due benefits awarded, for 12.56 hours); Hearn v. Barnhart, 262 F.Supp.2d 1033, 1037 (N.D.Cal.2003) (approving $25,132.50, or 18.2 percent of past-due benefits, for 56 hours); Martin v. Barnhart, 225 F.Supp.2d 704 (W.D.Va.2002) (approving $10,189.50, or 25 percent, for 16.82 hours); see also Kay, 176 F.3d at 1325 (describing the “contingent fee” method as it was applied prior to Gisbrecht as “essentially erect[ing] a rebuttable presumption that a contingency fee arrangement of 25 percent or less is a reasonable fee, absent evidence suggesting otherwise”)."
} | 1,001,932 | b |
Regardless of the particulars, which the courts have not yet explored in depth, as a general rule, the hurdle Gisbrecht erects for the claimant's attorney is rather low, and a change to the agreement is warranted at least, and perhaps at most, when justice requires. | {
"signal": "see",
"identifier": "262 F.Supp.2d 1033, 1037",
"parenthetical": "approving $25,132.50, or 18.2 percent of past-due benefits, for 56 hours",
"sentence": "See, e.g., Yarnevic v. Apfel, 359 F.Supp.2d 1363, 1363-67 (N.D.Ga.2005) (approving a contingency fee agreement resulting in an award of $21,057.75 for approximately 33 hours of work conducted primarily by the attorney’s paralegals and noting, “Since Gisbrecht ... the district courts generally have been deferential to the terms of contingency fee contracts in § 406(b) cases, accepting that the resulting de facto hourly rates may exceed those for non contingency-fee arrangements”); Claypool v. Barnhart, 294 F.Supp.2d 829 (S.D.W.Va.2003) (approving a request for an award under a contingency fee agreement of $18,000, or approximately 9 percent of the past-due benefits awarded, for 12.56 hours); Hearn v. Barnhart, 262 F.Supp.2d 1033, 1037 (N.D.Cal.2003) (approving $25,132.50, or 18.2 percent of past-due benefits, for 56 hours); Martin v. Barnhart, 225 F.Supp.2d 704 (W.D.Va.2002) (approving $10,189.50, or 25 percent, for 16.82 hours); see also Kay, 176 F.3d at 1325 (describing the “contingent fee” method as it was applied prior to Gisbrecht as “essentially erect[ing] a rebuttable presumption that a contingency fee arrangement of 25 percent or less is a reasonable fee, absent evidence suggesting otherwise”)."
} | {
"signal": "see also",
"identifier": "176 F.3d 1325, 1325",
"parenthetical": "describing the \"contingent fee\" method as it was applied prior to Gisbrecht as \"essentially erect[ing] a rebuttable presumption that a contingency fee arrangement of 25 percent or less is a reasonable fee, absent evidence suggesting otherwise\"",
"sentence": "See, e.g., Yarnevic v. Apfel, 359 F.Supp.2d 1363, 1363-67 (N.D.Ga.2005) (approving a contingency fee agreement resulting in an award of $21,057.75 for approximately 33 hours of work conducted primarily by the attorney’s paralegals and noting, “Since Gisbrecht ... the district courts generally have been deferential to the terms of contingency fee contracts in § 406(b) cases, accepting that the resulting de facto hourly rates may exceed those for non contingency-fee arrangements”); Claypool v. Barnhart, 294 F.Supp.2d 829 (S.D.W.Va.2003) (approving a request for an award under a contingency fee agreement of $18,000, or approximately 9 percent of the past-due benefits awarded, for 12.56 hours); Hearn v. Barnhart, 262 F.Supp.2d 1033, 1037 (N.D.Cal.2003) (approving $25,132.50, or 18.2 percent of past-due benefits, for 56 hours); Martin v. Barnhart, 225 F.Supp.2d 704 (W.D.Va.2002) (approving $10,189.50, or 25 percent, for 16.82 hours); see also Kay, 176 F.3d at 1325 (describing the “contingent fee” method as it was applied prior to Gisbrecht as “essentially erect[ing] a rebuttable presumption that a contingency fee arrangement of 25 percent or less is a reasonable fee, absent evidence suggesting otherwise”)."
} | 1,001,932 | a |
P 6 Section 11-972(B) provides that, when a trial court in an inverse condemnation action initiated "because of [an] alleged physical taking" awards compensation to the landowner "for the physical taking of property," the landowner is entitled to reim bursement for reasonable costs and litigation expenses. The plain and unambiguous language of the statute establishes, therefore, that SS 11-972(B) applies only to physical takings. | {
"signal": "see also",
"identifier": "178 Ariz. 405, 407",
"parenthetical": "\"We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.\"",
"sentence": "See Simpson v. Simpson, 224 Ariz. 224, ¶ 6, 229 P.3d 236, 237 (App.2010) (court will not interpret statute in manner rendering any word, phrase, or clause meaningless); see also State v. Pitts, 178 Ariz. 405, 407, 874 P.2d 962, 964 (1994) (“We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.”)."
} | {
"signal": "see",
"identifier": "224 Ariz. 224, ¶ 6",
"parenthetical": "court will not interpret statute in manner rendering any word, phrase, or clause meaningless",
"sentence": "See Simpson v. Simpson, 224 Ariz. 224, ¶ 6, 229 P.3d 236, 237 (App.2010) (court will not interpret statute in manner rendering any word, phrase, or clause meaningless); see also State v. Pitts, 178 Ariz. 405, 407, 874 P.2d 962, 964 (1994) (“We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.”)."
} | 4,056,043 | b |
P 6 Section 11-972(B) provides that, when a trial court in an inverse condemnation action initiated "because of [an] alleged physical taking" awards compensation to the landowner "for the physical taking of property," the landowner is entitled to reim bursement for reasonable costs and litigation expenses. The plain and unambiguous language of the statute establishes, therefore, that SS 11-972(B) applies only to physical takings. | {
"signal": "see also",
"identifier": "874 P.2d 962, 964",
"parenthetical": "\"We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.\"",
"sentence": "See Simpson v. Simpson, 224 Ariz. 224, ¶ 6, 229 P.3d 236, 237 (App.2010) (court will not interpret statute in manner rendering any word, phrase, or clause meaningless); see also State v. Pitts, 178 Ariz. 405, 407, 874 P.2d 962, 964 (1994) (“We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.”)."
} | {
"signal": "see",
"identifier": "224 Ariz. 224, ¶ 6",
"parenthetical": "court will not interpret statute in manner rendering any word, phrase, or clause meaningless",
"sentence": "See Simpson v. Simpson, 224 Ariz. 224, ¶ 6, 229 P.3d 236, 237 (App.2010) (court will not interpret statute in manner rendering any word, phrase, or clause meaningless); see also State v. Pitts, 178 Ariz. 405, 407, 874 P.2d 962, 964 (1994) (“We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.”)."
} | 4,056,043 | b |
P 6 Section 11-972(B) provides that, when a trial court in an inverse condemnation action initiated "because of [an] alleged physical taking" awards compensation to the landowner "for the physical taking of property," the landowner is entitled to reim bursement for reasonable costs and litigation expenses. The plain and unambiguous language of the statute establishes, therefore, that SS 11-972(B) applies only to physical takings. | {
"signal": "see",
"identifier": "229 P.3d 236, 237",
"parenthetical": "court will not interpret statute in manner rendering any word, phrase, or clause meaningless",
"sentence": "See Simpson v. Simpson, 224 Ariz. 224, ¶ 6, 229 P.3d 236, 237 (App.2010) (court will not interpret statute in manner rendering any word, phrase, or clause meaningless); see also State v. Pitts, 178 Ariz. 405, 407, 874 P.2d 962, 964 (1994) (“We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.”)."
} | {
"signal": "see also",
"identifier": "178 Ariz. 405, 407",
"parenthetical": "\"We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.\"",
"sentence": "See Simpson v. Simpson, 224 Ariz. 224, ¶ 6, 229 P.3d 236, 237 (App.2010) (court will not interpret statute in manner rendering any word, phrase, or clause meaningless); see also State v. Pitts, 178 Ariz. 405, 407, 874 P.2d 962, 964 (1994) (“We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.”)."
} | 4,056,043 | a |
P 6 Section 11-972(B) provides that, when a trial court in an inverse condemnation action initiated "because of [an] alleged physical taking" awards compensation to the landowner "for the physical taking of property," the landowner is entitled to reim bursement for reasonable costs and litigation expenses. The plain and unambiguous language of the statute establishes, therefore, that SS 11-972(B) applies only to physical takings. | {
"signal": "see also",
"identifier": "874 P.2d 962, 964",
"parenthetical": "\"We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.\"",
"sentence": "See Simpson v. Simpson, 224 Ariz. 224, ¶ 6, 229 P.3d 236, 237 (App.2010) (court will not interpret statute in manner rendering any word, phrase, or clause meaningless); see also State v. Pitts, 178 Ariz. 405, 407, 874 P.2d 962, 964 (1994) (“We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.”)."
} | {
"signal": "see",
"identifier": "229 P.3d 236, 237",
"parenthetical": "court will not interpret statute in manner rendering any word, phrase, or clause meaningless",
"sentence": "See Simpson v. Simpson, 224 Ariz. 224, ¶ 6, 229 P.3d 236, 237 (App.2010) (court will not interpret statute in manner rendering any word, phrase, or clause meaningless); see also State v. Pitts, 178 Ariz. 405, 407, 874 P.2d 962, 964 (1994) (“We presume the legislature did not intend to write a statute that contains a void, meaningless, or futile provision.”)."
} | 4,056,043 | b |
Where the decision has already been made and carried out, and the action taken cannot be undone, there is absolutely no function or role for an EIS. Any suit to compel an EIS at that point is, perforce, moot. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "suit over placement of power lines is not moot since the court could order that the power line be moved",
"sentence": "Sierra Club v. Penfold, 857 F.2d 1307, 1317-18 (9th Cir.1988) (suit challenging mining operations; the suit for an EIS is moot because “no adequate remedy exists _ [A] completed mining project cannot be moved,” distinguishing Columbia Basin Land Protection Assoc, v. Schlesinger, 643 F.2d 585, 591 n. 1 (9th Cir.1981) (suit over placement of power lines is not moot since the court could order that the power line be moved)); see also Friends of the Earth, Inc. v. Bergland, 576 F.2d 1377, 1378-79 (9th Cir.1978) (claim is moot because the challenged mining project ended before the appeal was heard); Ogunquit Village Corp. v. Davis, 553 F.2d 243, 246-47 (1st Cir.1977) (courts cannot provide post-completion relief under NEPA)."
} | {
"signal": "see also",
"identifier": "576 F.2d 1377, 1378-79",
"parenthetical": "claim is moot because the challenged mining project ended before the appeal was heard",
"sentence": "Sierra Club v. Penfold, 857 F.2d 1307, 1317-18 (9th Cir.1988) (suit challenging mining operations; the suit for an EIS is moot because “no adequate remedy exists _ [A] completed mining project cannot be moved,” distinguishing Columbia Basin Land Protection Assoc, v. Schlesinger, 643 F.2d 585, 591 n. 1 (9th Cir.1981) (suit over placement of power lines is not moot since the court could order that the power line be moved)); see also Friends of the Earth, Inc. v. Bergland, 576 F.2d 1377, 1378-79 (9th Cir.1978) (claim is moot because the challenged mining project ended before the appeal was heard); Ogunquit Village Corp. v. Davis, 553 F.2d 243, 246-47 (1st Cir.1977) (courts cannot provide post-completion relief under NEPA)."
} | 7,390,514 | a |
Restatement (Second) of Conflict of Laws SS 142(2). Section 142(2) thus requires Ohio courts to apply Ohio's statute of limitations to breach of contract actions brought in Ohio, even if the action would be time-barred in another state. | {
"signal": "cf.",
"identifier": "461 F.2d 581, 586",
"parenthetical": "holding this rule does not deny full faith and credit",
"sentence": "See Males v. W.E. Gates & Associates, 29 Ohio Misc.2d 13, 504 N.E.2d 494, 494-95 (Ohio Com.Pl.1985) (applying Ohio’s fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia’s five-year statute); cf. Mahalsky v. Salem Tool Co., 461 F.2d 581, 586 (6th Cir.1972) (holding this rule does not deny full faith and credit); Mackey v. Judy’s Foods, Inc., 867 F.2d 325, 328-29 (6th Cir.1989) (affirming the district court’s application of a similar rule in Tennessee). There is no question that this rule is both fair and constitutional."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "applying Ohio's fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia's five-year statute",
"sentence": "See Males v. W.E. Gates & Associates, 29 Ohio Misc.2d 13, 504 N.E.2d 494, 494-95 (Ohio Com.Pl.1985) (applying Ohio’s fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia’s five-year statute); cf. Mahalsky v. Salem Tool Co., 461 F.2d 581, 586 (6th Cir.1972) (holding this rule does not deny full faith and credit); Mackey v. Judy’s Foods, Inc., 867 F.2d 325, 328-29 (6th Cir.1989) (affirming the district court’s application of a similar rule in Tennessee). There is no question that this rule is both fair and constitutional."
} | 22,360 | b |
Restatement (Second) of Conflict of Laws SS 142(2). Section 142(2) thus requires Ohio courts to apply Ohio's statute of limitations to breach of contract actions brought in Ohio, even if the action would be time-barred in another state. | {
"signal": "see",
"identifier": null,
"parenthetical": "applying Ohio's fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia's five-year statute",
"sentence": "See Males v. W.E. Gates & Associates, 29 Ohio Misc.2d 13, 504 N.E.2d 494, 494-95 (Ohio Com.Pl.1985) (applying Ohio’s fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia’s five-year statute); cf. Mahalsky v. Salem Tool Co., 461 F.2d 581, 586 (6th Cir.1972) (holding this rule does not deny full faith and credit); Mackey v. Judy’s Foods, Inc., 867 F.2d 325, 328-29 (6th Cir.1989) (affirming the district court’s application of a similar rule in Tennessee). There is no question that this rule is both fair and constitutional."
} | {
"signal": "cf.",
"identifier": "867 F.2d 325, 328-29",
"parenthetical": "affirming the district court's application of a similar rule in Tennessee",
"sentence": "See Males v. W.E. Gates & Associates, 29 Ohio Misc.2d 13, 504 N.E.2d 494, 494-95 (Ohio Com.Pl.1985) (applying Ohio’s fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia’s five-year statute); cf. Mahalsky v. Salem Tool Co., 461 F.2d 581, 586 (6th Cir.1972) (holding this rule does not deny full faith and credit); Mackey v. Judy’s Foods, Inc., 867 F.2d 325, 328-29 (6th Cir.1989) (affirming the district court’s application of a similar rule in Tennessee). There is no question that this rule is both fair and constitutional."
} | 22,360 | a |
Restatement (Second) of Conflict of Laws SS 142(2). Section 142(2) thus requires Ohio courts to apply Ohio's statute of limitations to breach of contract actions brought in Ohio, even if the action would be time-barred in another state. | {
"signal": "see",
"identifier": "504 N.E.2d 494, 494-95",
"parenthetical": "applying Ohio's fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia's five-year statute",
"sentence": "See Males v. W.E. Gates & Associates, 29 Ohio Misc.2d 13, 504 N.E.2d 494, 494-95 (Ohio Com.Pl.1985) (applying Ohio’s fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia’s five-year statute); cf. Mahalsky v. Salem Tool Co., 461 F.2d 581, 586 (6th Cir.1972) (holding this rule does not deny full faith and credit); Mackey v. Judy’s Foods, Inc., 867 F.2d 325, 328-29 (6th Cir.1989) (affirming the district court’s application of a similar rule in Tennessee). There is no question that this rule is both fair and constitutional."
} | {
"signal": "cf.",
"identifier": "461 F.2d 581, 586",
"parenthetical": "holding this rule does not deny full faith and credit",
"sentence": "See Males v. W.E. Gates & Associates, 29 Ohio Misc.2d 13, 504 N.E.2d 494, 494-95 (Ohio Com.Pl.1985) (applying Ohio’s fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia’s five-year statute); cf. Mahalsky v. Salem Tool Co., 461 F.2d 581, 586 (6th Cir.1972) (holding this rule does not deny full faith and credit); Mackey v. Judy’s Foods, Inc., 867 F.2d 325, 328-29 (6th Cir.1989) (affirming the district court’s application of a similar rule in Tennessee). There is no question that this rule is both fair and constitutional."
} | 22,360 | a |
Restatement (Second) of Conflict of Laws SS 142(2). Section 142(2) thus requires Ohio courts to apply Ohio's statute of limitations to breach of contract actions brought in Ohio, even if the action would be time-barred in another state. | {
"signal": "cf.",
"identifier": "867 F.2d 325, 328-29",
"parenthetical": "affirming the district court's application of a similar rule in Tennessee",
"sentence": "See Males v. W.E. Gates & Associates, 29 Ohio Misc.2d 13, 504 N.E.2d 494, 494-95 (Ohio Com.Pl.1985) (applying Ohio’s fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia’s five-year statute); cf. Mahalsky v. Salem Tool Co., 461 F.2d 581, 586 (6th Cir.1972) (holding this rule does not deny full faith and credit); Mackey v. Judy’s Foods, Inc., 867 F.2d 325, 328-29 (6th Cir.1989) (affirming the district court’s application of a similar rule in Tennessee). There is no question that this rule is both fair and constitutional."
} | {
"signal": "see",
"identifier": "504 N.E.2d 494, 494-95",
"parenthetical": "applying Ohio's fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia's five-year statute",
"sentence": "See Males v. W.E. Gates & Associates, 29 Ohio Misc.2d 13, 504 N.E.2d 494, 494-95 (Ohio Com.Pl.1985) (applying Ohio’s fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia’s five-year statute); cf. Mahalsky v. Salem Tool Co., 461 F.2d 581, 586 (6th Cir.1972) (holding this rule does not deny full faith and credit); Mackey v. Judy’s Foods, Inc., 867 F.2d 325, 328-29 (6th Cir.1989) (affirming the district court’s application of a similar rule in Tennessee). There is no question that this rule is both fair and constitutional."
} | 22,360 | b |
"A claim that punishment is excessive is judged ... by [the standards] that currently prevail." | {
"signal": "see also",
"identifier": "554 U.S. 407, 422-26",
"parenthetical": "taking into account state laws passed since commission of crime in evaluating proportionality of defendant's sentence",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | {
"signal": "no signal",
"identifier": "536 U.S. 304, 311",
"parenthetical": "relying in part on state laws enacted after defendant's sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | 4,205,414 | b |
"A claim that punishment is excessive is judged ... by [the standards] that currently prevail." | {
"signal": "no signal",
"identifier": "536 U.S. 304, 311",
"parenthetical": "relying in part on state laws enacted after defendant's sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "taking into account state laws passed since commission of crime in evaluating proportionality of defendant's sentence",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | 4,205,414 | a |
"A claim that punishment is excessive is judged ... by [the standards] that currently prevail." | {
"signal": "see also",
"identifier": null,
"parenthetical": "taking into account state laws passed since commission of crime in evaluating proportionality of defendant's sentence",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | {
"signal": "no signal",
"identifier": "536 U.S. 304, 311",
"parenthetical": "relying in part on state laws enacted after defendant's sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | 4,205,414 | b |
"A claim that punishment is excessive is judged ... by [the standards] that currently prevail." | {
"signal": "see also",
"identifier": "554 U.S. 407, 422-26",
"parenthetical": "taking into account state laws passed since commission of crime in evaluating proportionality of defendant's sentence",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "relying in part on state laws enacted after defendant's sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | 4,205,414 | b |
"A claim that punishment is excessive is judged ... by [the standards] that currently prevail." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "relying in part on state laws enacted after defendant's sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "taking into account state laws passed since commission of crime in evaluating proportionality of defendant's sentence",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | 4,205,414 | a |
"A claim that punishment is excessive is judged ... by [the standards] that currently prevail." | {
"signal": "see also",
"identifier": null,
"parenthetical": "taking into account state laws passed since commission of crime in evaluating proportionality of defendant's sentence",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "relying in part on state laws enacted after defendant's sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | 4,205,414 | b |
"A claim that punishment is excessive is judged ... by [the standards] that currently prevail." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "relying in part on state laws enacted after defendant's sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | {
"signal": "see also",
"identifier": "554 U.S. 407, 422-26",
"parenthetical": "taking into account state laws passed since commission of crime in evaluating proportionality of defendant's sentence",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | 4,205,414 | a |
"A claim that punishment is excessive is judged ... by [the standards] that currently prevail." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "relying in part on state laws enacted after defendant's sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "taking into account state laws passed since commission of crime in evaluating proportionality of defendant's sentence",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | 4,205,414 | a |
"A claim that punishment is excessive is judged ... by [the standards] that currently prevail." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "relying in part on state laws enacted after defendant's sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "taking into account state laws passed since commission of crime in evaluating proportionality of defendant's sentence",
"sentence": "Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (relying in part on state laws enacted after defendant’s sentencing in concluding that the Eighth Amendment prohibits imposing capital punishment on mentally retarded defendants); see also Kennedy v. Louisiana, 554 U.S. 407, 422-26, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (taking into account state laws passed since commission of crime in evaluating proportionality of defendant’s sentence); United States v. One Parcel of Property Located at 5 Reynolds Lane, Waterford, Connecticut, 2013 WL 3853404, at *12-13 (D.Conn."
} | 4,205,414 | a |
The state's evidence against O'Brien consisted only of his possession of ephedrine and pseudoephedrine, toluene, Liquid Fire, and an air tank. While the items found in O'Brien's possession can be used to manufacture methamphetamine, they also have valid uses and are legal to possess. The jury may have been entitled to be suspicious of O'Brien's possession of such chemicals and the air tank, but it did not have a sufficient basis for concluding, without speculation, that O'Brien intended to manufacture methamphetamine or that O'Brien took a substantial step toward the manufacture of methamphetamine. The evidence, therefore, was insufficient to support convictions for possession of ephedrine with the intent to manufacture and attempt to manufacture methamphetamine. | {
"signal": "see",
"identifier": null,
"parenthetical": "evidence that defendant acquired gallon of methylamine from undercover agent insufficient in light of evidence that he had not told person who picked up chemical that he intended to manufacture methamphetamine, other chemicals and apparatus necessary for manufacture were not found, and no showing that defendant knew how to manufacture methamphetamine or knew anyone with that knowledge",
"sentence": "See United States v. Weston, 4 F.3d 672 (8 th Cir.1993) (evidence that defendant acquired gallon of methylamine from undercover agent insufficient in light of evidence that he had not told person who picked up chemical that he intended to manufacture methamphetamine, other chemicals and apparatus necessary for manufacture were not found, and no showing that defendant knew how to manufacture methamphetamine or knew anyone with that knowledge)."
} | {
"signal": "but see",
"identifier": null,
"parenthetical": "evidence that items seized from defendant's house were commonly used to manufacture methamphetamine, that mixture found in house was sediment of first step of manufacturing methamphetamine, and that strong odor of ether was detected in the house was sufficient",
"sentence": "But see State v. Davis, 982 S.W.2d 739 (Mo.App.1998) (evidence that items seized from defendant’s house were commonly used to manufacture methamphetamine, that mixture found in house was sediment of first step of manufacturing methamphetamine, and that strong odor of ether was detected in the house was sufficient); Motley, 976 S.W.2d at 502 (evidence that defendant lived at residence containing items necessary to complete first step and part of second step of manufacture of methamphetamine, that a jar in defendant’s house contained a component of the first step in manufacturing methamphetamine, and that defendant actively took part in third step of manufacturing process at another unidentified location was sufficient)."
} | 11,551,483 | a |
The state's evidence against O'Brien consisted only of his possession of ephedrine and pseudoephedrine, toluene, Liquid Fire, and an air tank. While the items found in O'Brien's possession can be used to manufacture methamphetamine, they also have valid uses and are legal to possess. The jury may have been entitled to be suspicious of O'Brien's possession of such chemicals and the air tank, but it did not have a sufficient basis for concluding, without speculation, that O'Brien intended to manufacture methamphetamine or that O'Brien took a substantial step toward the manufacture of methamphetamine. The evidence, therefore, was insufficient to support convictions for possession of ephedrine with the intent to manufacture and attempt to manufacture methamphetamine. | {
"signal": "but see",
"identifier": "976 S.W.2d 502, 502",
"parenthetical": "evidence that defendant lived at residence containing items necessary to complete first step and part of second step of manufacture of methamphetamine, that a jar in defendant's house contained a component of the first step in manufacturing methamphetamine, and that defendant actively took part in third step of manufacturing process at another unidentified location was sufficient",
"sentence": "But see State v. Davis, 982 S.W.2d 739 (Mo.App.1998) (evidence that items seized from defendant’s house were commonly used to manufacture methamphetamine, that mixture found in house was sediment of first step of manufacturing methamphetamine, and that strong odor of ether was detected in the house was sufficient); Motley, 976 S.W.2d at 502 (evidence that defendant lived at residence containing items necessary to complete first step and part of second step of manufacture of methamphetamine, that a jar in defendant’s house contained a component of the first step in manufacturing methamphetamine, and that defendant actively took part in third step of manufacturing process at another unidentified location was sufficient)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "evidence that defendant acquired gallon of methylamine from undercover agent insufficient in light of evidence that he had not told person who picked up chemical that he intended to manufacture methamphetamine, other chemicals and apparatus necessary for manufacture were not found, and no showing that defendant knew how to manufacture methamphetamine or knew anyone with that knowledge",
"sentence": "See United States v. Weston, 4 F.3d 672 (8 th Cir.1993) (evidence that defendant acquired gallon of methylamine from undercover agent insufficient in light of evidence that he had not told person who picked up chemical that he intended to manufacture methamphetamine, other chemicals and apparatus necessary for manufacture were not found, and no showing that defendant knew how to manufacture methamphetamine or knew anyone with that knowledge)."
} | 11,551,483 | b |
Those facts, however, do not mean that the proceeding was terminated in Hershey's favor. Where "there was no determination made on the merits" or "the matter was dropped in the interest of justice," without "evidence of .any proceeding beyond the summons," a plaintiff cannot establish that the proceeding was terminated in his favor. | {
"signal": "see also",
"identifier": "63 F.3d 110, 118",
"parenthetical": "\"[T]his Court has already held [in Hygh ] that the New York Court of Appeals does not consider a dismissal in the interest of justice to be a favorable termination as a matter of law.\"",
"sentence": "Levy v. Alfano, 47 F.Supp.2d 488, 496 (S.D.N.Y.1999); see Hygh v. Jacobs, 961 F.2d 359, 368 (2d Cir.1992) (because “[a] dismissal ‘in the interest of justice’ is neither an acquittal of the charges nor any determination of the merits,” but instead, “leaves the question of guilt or innocence unanswered,” it cannot, “as a matter of law ... provide the favorable termination required as the basis for a claim of malicious prosecution”); see also Singer v. Fulton Cnty. Sheriff, 63 F.3d 110, 118 (2d Cir.1995) (“[T]his Court has already held [in Hygh ] that the New York Court of Appeals does not consider a dismissal in the interest of justice to be a favorable termination as a matter of law.”). Because Hershey has not pled that the proceeding against him was resolved in his favor based on any merits determination, his claims for malicious prosecution on federal and state grounds must be dismissed."
} | {
"signal": "see",
"identifier": "961 F.2d 359, 368",
"parenthetical": "because \"[a] dismissal 'in the interest of justice' is neither an acquittal of the charges nor any determination of the merits,\" but instead, \"leaves the question of guilt or innocence unanswered,\" it cannot, \"as a matter of law ... provide the favorable termination required as the basis for a claim of malicious prosecution\"",
"sentence": "Levy v. Alfano, 47 F.Supp.2d 488, 496 (S.D.N.Y.1999); see Hygh v. Jacobs, 961 F.2d 359, 368 (2d Cir.1992) (because “[a] dismissal ‘in the interest of justice’ is neither an acquittal of the charges nor any determination of the merits,” but instead, “leaves the question of guilt or innocence unanswered,” it cannot, “as a matter of law ... provide the favorable termination required as the basis for a claim of malicious prosecution”); see also Singer v. Fulton Cnty. Sheriff, 63 F.3d 110, 118 (2d Cir.1995) (“[T]his Court has already held [in Hygh ] that the New York Court of Appeals does not consider a dismissal in the interest of justice to be a favorable termination as a matter of law.”). Because Hershey has not pled that the proceeding against him was resolved in his favor based on any merits determination, his claims for malicious prosecution on federal and state grounds must be dismissed."
} | 3,908,186 | b |
More specifically, the government argues that the purpose of SS 922(g)(9) is to keep firearms away from presumptively risky individuals with a demonstrated history of actual or attempted violence. Appellee's Br. at 10-13. Again, the government's argument is persuasive. In 1996, Congress recognized that existing felon-in-possession prohibitions were not keeping firearms out of the hands of domestic abusers, because such individuals, although dangerous, were often charged with misdemeanors instead of felonies. 142 Cong. Rec. S2646-02 (1996) (statement of Sen. Lautenberg) (explaining that "many people who engage in serious spousal or child abuse ultimately are not charged with convicted of felonies ... and these people are still free under Federal law to possess firearms"). | {
"signal": "no signal",
"identifier": "129 S.Ct. 1087, 1087",
"parenthetical": "finding that \"[fjirearms and domestic strife are a potentially deadly combination nationwide.\"",
"sentence": "Hayes, 129 S.Ct. at 1087 (finding that “[fjirearms and domestic strife are a potentially deadly combination nationwide.”); 142 Cong. Rec. at S2646-02 (explaining that adding domestic violence misdemeanants to the Gun Control Act of 1968 in 1996 was intended to “close this loophole, and will help keep guns out of the hands of people who have proven themselves to be violent and a threat to those closest to them.”); see also United States v. Beavers, 206 F.3d 706, 710 (6th Cir.2000) (“[I]t should not surprise anyone that the government has enacted legislation in an attempt to limit the means by which persons who have a history of domestic violence might cause harm in the future”)."
} | {
"signal": "see also",
"identifier": "206 F.3d 706, 710",
"parenthetical": "\"[I]t should not surprise anyone that the government has enacted legislation in an attempt to limit the means by which persons who have a history of domestic violence might cause harm in the future\"",
"sentence": "Hayes, 129 S.Ct. at 1087 (finding that “[fjirearms and domestic strife are a potentially deadly combination nationwide.”); 142 Cong. Rec. at S2646-02 (explaining that adding domestic violence misdemeanants to the Gun Control Act of 1968 in 1996 was intended to “close this loophole, and will help keep guns out of the hands of people who have proven themselves to be violent and a threat to those closest to them.”); see also United States v. Beavers, 206 F.3d 706, 710 (6th Cir.2000) (“[I]t should not surprise anyone that the government has enacted legislation in an attempt to limit the means by which persons who have a history of domestic violence might cause harm in the future”)."
} | 4,075,360 | a |
The plain text of the Bankruptcy Code sheds light on two important aspects of Section 305(a)(1). First, abstaining under Section 305(a)(1) must be in the interest of the debtor, in addition to the creditors. | {
"signal": "no signal",
"identifier": "381 B.R. 455, 462",
"parenthetical": "\"[T]he interests of both the debtor and its creditors.must be served by granting the requested relief.\"",
"sentence": "In re Monitor Single Lift I, Ltd., 381 B.R. 455, 462 (Bankr.S.D.N.Y.2008) (“[T]he interests of both the debtor and its creditors.must be served by granting the requested relief.”); In re Schur Mgmt. Co., Ltd., 323 B.R. 123, 129 (Bankr.S.D.N.Y.2005) (“The test for suspension (as well as dismissal) is whether both the debtor and the creditors would be ‘better served’ by such action.”); In re Globo Comunicares e Participares S.A., 317 B.R. 235, 255 (S.D.N.Y.2004) (“This test requires that both creditors and debtors benefit from the dismissal, rather than applying a simple balancing test to determine whether dismissal is appropriate.”); In re 82 Milbar Blvd."
} | {
"signal": "see also",
"identifier": "305 B.R. 618, 621",
"parenthetical": "considering the \"prejudice to the Debtor\" in whether to dismiss the case under Section 305(a",
"sentence": "Inc., 91 B.R. 213, 215 (Bankr.E.D.N.Y.1988) (“In addition to the creditors’ interest it is necessary to prove that dismissal under § 305 would also be in the best interest of the debtor.”); see also In re Williams, 305 B.R. 618, 621 (Bankr.D.Conn.2004) (considering the “prejudice to the Debtor” in whether to dismiss the case under Section 305(a)(1)); Alan N. Resnick & Henry J. Sommer, 2 Collier on Bankruptcy ¶ 305.01[1] (16th ed. 2012) (“Section 305 is reserved for those rare occasions when both the creditors generally and the debtor itself are better served by dismissal or suspension.”)"
} | 4,337,928 | a |
The plain text of the Bankruptcy Code sheds light on two important aspects of Section 305(a)(1). First, abstaining under Section 305(a)(1) must be in the interest of the debtor, in addition to the creditors. | {
"signal": "no signal",
"identifier": "317 B.R. 235, 255",
"parenthetical": "\"This test requires that both creditors and debtors benefit from the dismissal, rather than applying a simple balancing test to determine whether dismissal is appropriate.\"",
"sentence": "In re Monitor Single Lift I, Ltd., 381 B.R. 455, 462 (Bankr.S.D.N.Y.2008) (“[T]he interests of both the debtor and its creditors.must be served by granting the requested relief.”); In re Schur Mgmt. Co., Ltd., 323 B.R. 123, 129 (Bankr.S.D.N.Y.2005) (“The test for suspension (as well as dismissal) is whether both the debtor and the creditors would be ‘better served’ by such action.”); In re Globo Comunicares e Participares S.A., 317 B.R. 235, 255 (S.D.N.Y.2004) (“This test requires that both creditors and debtors benefit from the dismissal, rather than applying a simple balancing test to determine whether dismissal is appropriate.”); In re 82 Milbar Blvd."
} | {
"signal": "see also",
"identifier": "305 B.R. 618, 621",
"parenthetical": "considering the \"prejudice to the Debtor\" in whether to dismiss the case under Section 305(a",
"sentence": "Inc., 91 B.R. 213, 215 (Bankr.E.D.N.Y.1988) (“In addition to the creditors’ interest it is necessary to prove that dismissal under § 305 would also be in the best interest of the debtor.”); see also In re Williams, 305 B.R. 618, 621 (Bankr.D.Conn.2004) (considering the “prejudice to the Debtor” in whether to dismiss the case under Section 305(a)(1)); Alan N. Resnick & Henry J. Sommer, 2 Collier on Bankruptcy ¶ 305.01[1] (16th ed. 2012) (“Section 305 is reserved for those rare occasions when both the creditors generally and the debtor itself are better served by dismissal or suspension.”)"
} | 4,337,928 | a |
The plain text of the Bankruptcy Code sheds light on two important aspects of Section 305(a)(1). First, abstaining under Section 305(a)(1) must be in the interest of the debtor, in addition to the creditors. | {
"signal": "no signal",
"identifier": "91 B.R. 213, 215",
"parenthetical": "\"In addition to the creditors' interest it is necessary to prove that dismissal under SS 305 would also be in the best interest of the debtor.\"",
"sentence": "Inc., 91 B.R. 213, 215 (Bankr.E.D.N.Y.1988) (“In addition to the creditors’ interest it is necessary to prove that dismissal under § 305 would also be in the best interest of the debtor.”); see also In re Williams, 305 B.R. 618, 621 (Bankr.D.Conn.2004) (considering the “prejudice to the Debtor” in whether to dismiss the case under Section 305(a)(1)); Alan N. Resnick & Henry J. Sommer, 2 Collier on Bankruptcy ¶ 305.01[1] (16th ed. 2012) (“Section 305 is reserved for those rare occasions when both the creditors generally and the debtor itself are better served by dismissal or suspension.”)"
} | {
"signal": "see also",
"identifier": "305 B.R. 618, 621",
"parenthetical": "considering the \"prejudice to the Debtor\" in whether to dismiss the case under Section 305(a",
"sentence": "Inc., 91 B.R. 213, 215 (Bankr.E.D.N.Y.1988) (“In addition to the creditors’ interest it is necessary to prove that dismissal under § 305 would also be in the best interest of the debtor.”); see also In re Williams, 305 B.R. 618, 621 (Bankr.D.Conn.2004) (considering the “prejudice to the Debtor” in whether to dismiss the case under Section 305(a)(1)); Alan N. Resnick & Henry J. Sommer, 2 Collier on Bankruptcy ¶ 305.01[1] (16th ed. 2012) (“Section 305 is reserved for those rare occasions when both the creditors generally and the debtor itself are better served by dismissal or suspension.”)"
} | 4,337,928 | a |
The EEOC's effort to discredit the expert reports is misguided. It argues that "both experts focused only on the tiny subset of employees who took amounts of leave similar to the Class Members' maternity leaves." (EEOC Br. at 27.) However, both experts used sets of long-leave takers that contained more individuals than the EEOC included in the entire class when the experts made their comparisons. | {
"signal": "no signal",
"identifier": "123 F.Supp.2d 91, 97",
"parenthetical": "\"[T]he plaintiff must show that similarly situated individuals of a different group were treated differently.\"",
"sentence": "Smith v. Xerox Corp., 196 F.3d 358, 370-71 (2d Cir.1999), overruled on other grounds by Meacham v. Knolls Atomic Poiuer Lab., 461 F.3d 134 (2d Cir.2006); Minott, 116 F.Supp.2d at 521; Adler v. Kent Vill. Housing Co., 123 F.Supp.2d 91, 97 (E.D.N.Y.2000) (“[T]he plaintiff must show that similarly situated individuals of a different group were treated differently.”); cf. Fisher, 70 F.3d at 1448 (stating that the way to prove sex discrimination “predicated on the detrimental effects of prolonged professional inactivity would be by comparing (a) the ... experience of women who took extended leaves of absence from their work (regardless of the reason), with (b) the ... experience of men who had also taken long leaves of absence”). Making a comparison to similarly situated employees is essential to proving a discrimination case because it is only illegal to treat employees of a protected class differently from similarly situated employees."
} | {
"signal": "cf.",
"identifier": "70 F.3d 1448, 1448",
"parenthetical": "stating that the way to prove sex discrimination \"predicated on the detrimental effects of prolonged professional inactivity would be by comparing (a) the ... experience of women who took extended leaves of absence from their work (regardless of the reason), with (b",
"sentence": "Smith v. Xerox Corp., 196 F.3d 358, 370-71 (2d Cir.1999), overruled on other grounds by Meacham v. Knolls Atomic Poiuer Lab., 461 F.3d 134 (2d Cir.2006); Minott, 116 F.Supp.2d at 521; Adler v. Kent Vill. Housing Co., 123 F.Supp.2d 91, 97 (E.D.N.Y.2000) (“[T]he plaintiff must show that similarly situated individuals of a different group were treated differently.”); cf. Fisher, 70 F.3d at 1448 (stating that the way to prove sex discrimination “predicated on the detrimental effects of prolonged professional inactivity would be by comparing (a) the ... experience of women who took extended leaves of absence from their work (regardless of the reason), with (b) the ... experience of men who had also taken long leaves of absence”). Making a comparison to similarly situated employees is essential to proving a discrimination case because it is only illegal to treat employees of a protected class differently from similarly situated employees."
} | 3,837,564 | a |
However, the Court's last substantive ruling in the Sataki civil action was issued on July 7, 2010 -- more than two-and-a-half weeks pri- or to the filing of the instant Motion to Disqualify. Once again, Klayman offers no explanation for this delay. In such circumstances, D.C. Circuit precedent counsels that an unexplained delay of this length renders the filing of his Affidavit for disqualification untimely. | {
"signal": "see also",
"identifier": "573 F.Supp. 1237, 1244-45",
"parenthetical": "12-day delay from time movant indicated probability of recusal motion to time motion was actually filed rendered motion untimely",
"sentence": "See also In re Martin-Trigona, 573 F.Supp. 1237, 1244-45 (D.Conn.1983) (12-day delay from time movant indicated probability of recusal motion to time motion was actually filed rendered motion untimely); Bumpus v. Uniroyal Tire Co., 385 F.Supp. 711, 712 (E.D.Pa.1974) (finding section 144 motion and affidavit untimely where based on events occurring “from two weeks to as far back as two months before”)."
} | {
"signal": "see",
"identifier": "408 F.2d 175, 183",
"parenthetical": "expressing \"serious doubt\" about the timeliness of an affidavit based on remarks made by the judge \"more than two weeks before\" and a law review published by the judge \"more than a year\" earlier",
"sentence": "See Smuck v. Hobson, 408 F.2d 175, 183 (D.C.Cir. 1969) (expressing “serious doubt” about the timeliness of an affidavit based on remarks made by the judge “more than two weeks before” and a law review published by the judge “more than a year” earlier)."
} | 4,164,550 | b |
However, the Court's last substantive ruling in the Sataki civil action was issued on July 7, 2010 -- more than two-and-a-half weeks pri- or to the filing of the instant Motion to Disqualify. Once again, Klayman offers no explanation for this delay. In such circumstances, D.C. Circuit precedent counsels that an unexplained delay of this length renders the filing of his Affidavit for disqualification untimely. | {
"signal": "see",
"identifier": "408 F.2d 175, 183",
"parenthetical": "expressing \"serious doubt\" about the timeliness of an affidavit based on remarks made by the judge \"more than two weeks before\" and a law review published by the judge \"more than a year\" earlier",
"sentence": "See Smuck v. Hobson, 408 F.2d 175, 183 (D.C.Cir. 1969) (expressing “serious doubt” about the timeliness of an affidavit based on remarks made by the judge “more than two weeks before” and a law review published by the judge “more than a year” earlier)."
} | {
"signal": "see also",
"identifier": "385 F.Supp. 711, 712",
"parenthetical": "finding section 144 motion and affidavit untimely where based on events occurring \"from two weeks to as far back as two months before\"",
"sentence": "See also In re Martin-Trigona, 573 F.Supp. 1237, 1244-45 (D.Conn.1983) (12-day delay from time movant indicated probability of recusal motion to time motion was actually filed rendered motion untimely); Bumpus v. Uniroyal Tire Co., 385 F.Supp. 711, 712 (E.D.Pa.1974) (finding section 144 motion and affidavit untimely where based on events occurring “from two weeks to as far back as two months before”)."
} | 4,164,550 | a |
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