LawInformedAI/overruling · Datasets at Hugging Face

label int64 0 1	sentence1 stringlengths 1 958
0	in addition, cancel challenges his composite sentence for the three counts of first-degree sexual abuse of a minor: 60 years' imprisonment with 20 years suspended (i.e., 40 years to serve).
0	see 1 j. kalinowski, antitrust laws and trade regulation 12.02[1] (2d ed. 2017) (kalinowski); p. areeda & h. hovenkamp, fundamentals of antitrust law 15.02[b] (4th ed. 2017) (areeda & hovenkamp); capital imaging assoc., p. c. v. mohawk valley medical associates, inc., 996 f. 2d 537, 543 (ca2 1993).
0	following the denial of his motion to reconsider his sentence, the defendant filed a timely notice of appeal.
1	compare 307 f. 3d, at 1017, with aclu foundation v. bridges, 334 f. 3d 416, 421-423 (ca5 2003) (tia bars federal action seeking to have any part of a state's tax system declared unconstitutional).
1	we hereby overrule alexander, supra, 22 cal.2d 198, and hold that, subject to limitations imposed by statute, the right to petition for judicial review of a final decision of an administrative agency is not necessarily affected by the party's failure to file a request for reconsideration or rehearing before that agency.
1	to the extent that gentry is inconsistent with this rule, we overrule it.
0	the court of appeals adopted a somewhat more moderate construction of the regulation.
1	after carefully weighing considerations of stare decisis against the persuasive criticisms of the dupuy rule, we conclude that this artificial and potentially harmful rule must be abandoned.
1	individuals enjoy a non-trivial privacy interest in their booking photos, and we overrule free press i 's contrary holding.
0	ibid. based on its contract with opm, see app. to pet. for cert. 129a130a, coventry asserted a lien for $6,592.24
0	although the fines and fees order provides for offset of these fines, it does not state the number of days' credit defendant should receive or reflect the credit was actually awarded.
1	to the extent any georgia court of appeals opinions hold that the municipal ante litem notice statute applies to claims other than negligence claims, they are overruled.
0	the court's order concluded that plaintiff's complaint was time-barred.
1	to the extent that kendricks, supra, or any other case, conflicts with this opinion, it is overruled.
1	now, en banc, we overrule bailey and hold that lumpkin does not apply retroactively.
0	a habeas petition is not a second appeal.
0	id. at 207-08.
0	appellant appeals.
1	therefore, we hold today that a maintenance award in a fixed amount to be paid out over a definite period of time is subject to modification under krs 403.250(1), thereby overruling dame.
0	this case bears no resemblance to cordis, where ""academic norms gave rise to an expectation that disclosures will remain confidential.""
0	11 here, the bondsman tracked durfey to montana.
1	we disagree, and expressly reject the reasoning of mid-continent and utica square.
1	should the conclusion we have reached appear to be in conflict with what has heretofore been said by this court in state ex rel. landis v. city of hollywood, 130 fla. 364, 178 so. 412, the holding in such previous case is hereby overruled and receded from to the extent of such conflict.
0	{27} appellant's assignments of error are overruled.
1	specifically, the state argued the construct distorted the meaning of "proof beyond a reasonable doubt," and continued the distinction between direct and circumstantial evidence which we disavowed in hankins v. state.
1	accordingly, christensen is disapproved.
0	kinsel v. lindsey, 526 s.w.3d 411, 419 (tex. 2017).
0	state v. reyes, 744 n.w.2d 95, 101 (iowa 2008) (quoting united states v. lovasco, 431 u.s. 783, 790 (1977)).
1	accordingly, everett is overruled, and the judgment of the superior court is reversed.
0	husband contends that recitation of the terms of an agreement into the record is sufficient to satisfy section 31-15-2-17(a)'s writing requirement.
0	as salerno observed, the bail reform act required individualized hearings in which ""the government [had to] convince a neutral decisionmaker by clear and convincing evidence that no conditions of release can reasonably assure the safety of the community or any person."" 481 u.s. at 750.
1	district of columbia, and the dicta in sims v. rives, and wood v. united states, are in conflict with the foregoing statement they are, to that extent, hereby repudiated.
0	dr. benefield has never specifically identified how these affidavits prejudice his ability to prepare for a trial on the merits.
0	id., at 216.
1	in order that there can be no question in the future about the matter, we hereby overrule the southern paint mfg. co., inc., v. crump, supra, to the extent that it conflicts with our holding here.
0	13 defendant is correct that abuse of discretion is typically the correct standard of review for discovery matters, such as the issue in the instant appeal.
1	the rule propounded in reese, to the extent that it conflicts with this holding, is overruled.
0	fernandes v. dar dev. corp., inc., 222 n.j. 390, 403-04 (2015) (citing townsend v. pierre, 221 n.j. 36, 51 (2015)).
0	there was no evidence that the juror harbored any racial prejudice and, as the court explained, the rule of vann long was not applicable in that circumstance because, since ""no . . . bias was apparent, . . . an unequivocal response was not necessary to rehabilitate the juror's impartiality.""
0	see, e.g., hyland v. homeservices of am., inc., 771 f.3d 310, 323 (6th cir. 2014) (affirming district court's holding that ""plaintiffs have not pled an alter ego or piercing the corporate veil claim in their fourth amended complaint and cannot now, when faced with summary judgment, assert this new theory of liability"" (citation omitted)); counts v. mk-ferguson co., 680 f. supp. 1343, 1347 n.3 (e.d. mo.) (""plaintiff has not pleaded alter ego liability against this defendant and it would not be possible to hold it liable on this basis given the claims advanced in the second amended complaint.""),
0	see 15 u.s.c. 1692a(6) (""the term 'debt collector' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another""; chiang v. verizon new england, inc., 595 f.3d 26, 41 (1st cir. 2010) (""creditors collecting on their own accounts are generally excluded from the [fdcpa's] reach"" unless they use ""any name other than [their] own which would indicate that a third person is collecting or attempting to collect such debts"").
0	writ denied on the showing made.
1	we disapprove this holding in bignotti insofar as it conflicts with our present decision.
0	the defendant has the burden of showing that the testimony would have been both favorable and material to his defense.""
1	estate of pepper, supra, 158 cal. 619, is therefore overruled.
0	years later, the defendant perjured himself in front of a grand jury when he was called to testify as part of a renewed investigation into the alleged counterfeiting.
1	so that the law is free from ambiguity in this area, empire star mines is overruled to the extent that it conflicts with this opinion.
1	we do so, and now hold spears is incorrect insofar as it precludes the possibility of harmless error under any circumstances; and to that extent, it must be overruled.
0	our review of the record reveals that white did not argue the capabilities of the recording device were inadequate in his motion to suppress, nor did white make any argument regarding its capabilities during the pre-trial hearing.
0	as is relevant here, in the united states a ship can be liable in rem for cargo damage, the idea being that the ship impliedly ratified the shipping contract when the carrier loaded the cargo onboard.
1	we note that, in mcclung, the supreme court of tennessee abandoned the imminent harm test put forth in cornpropst v. sloan, the case on which this court relied in shipes.
1	cases on which defendant relies for sustaining the limited scope of the arbitrable issues and the necessity for preliminary court hearings on "jurisdictional facts" are hereby disapproved: pacific automobile ins. co. v. lang, supra, 265 cal.app.2d 837; rodgers v. state farm mutual auto. ins. co., supra, 13 cal.app.3d 641.
1	the result the court reaches follows inexorably from roberts and its progeny without any need for overruling that line of cases.
0	see generally worthy v. state, 307 ga. app. 297, 304 (3) (704 se2d 808) (2010) (rejecting argument of post-certified campus policeman that although he was off-duty and not on campus, he nevertheless had a duty to arrest a person who violated the law in his presence).
1	we disapprove miller to the extent it is inconsistent with this opinion.
0	see id. (""the secretary had authority to promulgate regulations to carry out these powers, . . . and he did so in 27 c.f.r. part 55. . . . the regulations authorized '[a]ny atf officer' to 'inspect the site of any accident or fire in which there is reason to believe that explosive materials were involved.'""
1	this court disagrees with the rationale of the court of appeals in city of springfield, finding the rationale of loving v. city of st. joseph more persuasive.
0	43 but standing is not a prerequisite to subject matter jurisdiction; it is the state's burden to demonstrate lack of standing, and that argument may be forfeited if not timely raised.
0	gonzalez-lopez, 548 u.s. at 150.
1	precedent authorizing such inference is overruled.
0	first, as stated above, child support agreements must be calculated and reviewed by the district court to ensure compliance with the child support statutes.
0	the supreme court has held that ""when an employer directs or requires an employee to undertake an activity, 'that compulsion, standing alone, brings an activity that is otherwise unrelated to work within the scope of employment.'""
0	our review is therefore limited at most to whether any errors caused a substantial risk of a miscarriage of justice.
1	for these reasons, we overrule hoiles to the extent it stated that "the engineer's work [on the bay view terrace map] . . . obliterated" lots 21, 22, 23, and 25, and held that lots 21, 22, 23, and 25 were dedicated to the public as a beach.
0	see bassett, 528 f.3d at 430.
1	all judges have expressed agreement with the conclusions herein respecting overruling long.
0	the lee count justice court drug court began operation in 2009, after the text of subsection (2)(a)(v) was operative.
0	[citation omitted].
1	and in lawrence, which was later superseded in part by statute, seetex.
1	accordingly, to the extent that it conflicts with what we say here, christensen is overruled.
1	accordingly, we disapprove of our statement in chhom, 128 wash.2d at 741, 911 p.2d 1014, defining the criminal result of rape of a child as sexual intercourse alone.
1	movement across a room to facilitate a robbery might be essential to the commission of the robbery but be incidental thereto within the meaning of daniels. insofar as such cases are inconsistent with the views expressed herein they are disapproved.
0	ocga 19-7-3 (c) (1).
0	the victim told police that she thought she heard a trigger being pulled, but neither of the guns went off. during his plea colloquy, defendant agreed that the victim ""was afraid that [defendant] was going to shoot her.""
1	however, our discussion above of the supreme court cases indicates that the jurisdictional label has often been used loosely, and sometimes interchanged in the same opinion with statute of limitations terminology.
1	to the extent that the previous decisions of this court in jackson, lundy and peterson are inconsistent with this holding, we hereby recede from them.
0	courts must construe briefs ""reasonably yet liberally.""
0	the district court found that visitation with rohmiller and clayton was in b.h.'s best interests because b.h. would likely suffer emotional harm if ties to the maternal family were severed.
1	in light of the test set forth in brown, supra, it is readily apparent that the language in branch and draper is no longer valid, therefore we expressly overrule the aforementioned language contained in branch and draper.
1	but any language in the fried case which is inconsistent with this opinion is hereby overruled.
1	we do recede from rotenberry v. state, 468 so.2d 971 (fla. 1985), to the extent that it may be read to be in conflict with this decision.
0	in reaching this conclusion, the court stated that it believed the sequence of events as documented in kinney's arrest report that the officer was beginning to pat down defendant when defendant dropped the backpack.
0	a person who intentionally and with premeditation ""causes the death of another human being"" is guilty of first-degree murder.
0	see wis. stat. 808.10 and rule 809.62. cir. ct. nos. 2016tp238
0	because his indictment refers only to those facts, he argues that no crime was occurring after the officers fell to the pavement.
0	""stated differently, relief may be granted only where there 'is a probability sufficient to undermine confidence in the outcome,' i.e., there is a 'substantial, not just conceivable, likelihood of a different result.'""
0	people v. suarez, 224 ill. 2d 37, 47, 862 n.e.2d 977, 982 (2007).
1	to the extent larabee is contrary to this opinion, it is overruled.
0	nabors drilling, u.s.a., inc. v. escoto, 288 s.w.3d 401, 404 (tex. 2009).
0	title vii's administrative exhaustion requirement is not a jurisdictional bar to suit but rather a prudential prerequisite under our binding precedent, and fort bend forfeited its exhaustion argument by not raising it in a timely manner before the district court.
1	however, we now specifically overrule the holdings in the case of city of kingfisher v. altizer, 13 okla. 121, 74 p. 107, and other cases of similar import of effect that plaintiff in an action for personal injury need not in any case submit to a physical examination.
1	a.a.b. is not harmed by our decision to disavow this aspect of m.e.r.
0	183, 205 (1810) (""[a] statute is to be so construed, that no clause, sentence or word shall be void, superfluous, or insignificant."").
0	first, the plaintiff must establish ""a prima facie case of retaliation.""
0	likewise, the commission's functions, and the commission itself, were dependent on the rules and could not be severed.
1	the third and fifth district courts of appeal have concluded, consistent with the first district, that miller is not retroactive, while the second and fourth district courts of appeal have held, to the contrary, that it is.
1	wilson was disapproved on other grounds in kellett v. superior court (1966) 63 cal.2d 822, 827 [ 48 cal.rptr. 366, 409 p.2d 206], but the court in kellett nonetheless agreed that the flight from the officer constituted a separate offense from the procurement and threatened use of the gun.
1	we also disapprove the language from hilton suggesting that an offer of proof must vouch for the anticipated testimony.
1	the court of appeals panel erred in anderson, and we overrule that decision.
0	see also figgins v. cochrane, 403 md. 392, 409 (2008) (""if any competent material evidence exists in support of the trial court's factual findings, those findings cannot be held to be clearly erroneous."")

0

in addition, cancel challenges his composite sentence for the three counts of first-degree sexual abuse of a minor: 60 years' imprisonment with 20 years suspended (i.e., 40 years to serve).

0

see 1 j. kalinowski, antitrust laws and trade regulation 12.02[1] (2d ed. 2017) (kalinowski); p. areeda & h. hovenkamp, fundamentals of antitrust law 15.02[b] (4th ed. 2017) (areeda & hovenkamp); capital imaging assoc., p. c. v. mohawk valley medical associates, inc., 996 f. 2d 537, 543 (ca2 1993).

0

following the denial of his motion to reconsider his sentence, the defendant filed a timely notice of appeal.

1

compare 307 f. 3d, at 1017, with aclu foundation v. bridges, 334 f. 3d 416, 421-423 (ca5 2003) (tia bars federal action seeking to have any part of a state's tax system declared unconstitutional).

1

we hereby overrule alexander, supra, 22 cal.2d 198, and hold that, subject to limitations imposed by statute, the right to petition for judicial review of a final decision of an administrative agency is not necessarily affected by the party's failure to file a request for reconsideration or rehearing before that agency.

1

to the extent that gentry is inconsistent with this rule, we overrule it.

0

the court of appeals adopted a somewhat more moderate construction of the regulation.

1

after carefully weighing considerations of stare decisis against the persuasive criticisms of the dupuy rule, we conclude that this artificial and potentially harmful rule must be abandoned.

1

individuals enjoy a non-trivial privacy interest in their booking photos, and we overrule free press i 's contrary holding.

0

ibid. based on its contract with opm, see app. to pet. for cert. 129a130a, coventry asserted a lien for $6,592.24

0

although the fines and fees order provides for offset of these fines, it does not state the number of days' credit defendant should receive or reflect the credit was actually awarded.

1

to the extent any georgia court of appeals opinions hold that the municipal ante litem notice statute applies to claims other than negligence claims, they are overruled.

0

the court's order concluded that plaintiff's complaint was time-barred.

1

to the extent that kendricks, supra, or any other case, conflicts with this opinion, it is overruled.

1

now, en banc, we overrule bailey and hold that lumpkin does not apply retroactively.

0

a habeas petition is not a second appeal.

0

id. at 207-08.

0

appellant appeals.

1

therefore, we hold today that a maintenance award in a fixed amount to be paid out over a definite period of time is subject to modification under krs 403.250(1), thereby overruling dame.

0

this case bears no resemblance to cordis, where ""academic norms gave rise to an expectation that disclosures will remain confidential.""

0

11 here, the bondsman tracked durfey to montana.

1

we disagree, and expressly reject the reasoning of mid-continent and utica square.

1

should the conclusion we have reached appear to be in conflict with what has heretofore been said by this court in state ex rel. landis v. city of hollywood, 130 fla. 364, 178 so. 412, the holding in such previous case is hereby overruled and receded from to the extent of such conflict.

0

{27} appellant's assignments of error are overruled.

1

specifically, the state argued the construct distorted the meaning of "proof beyond a reasonable doubt," and continued the distinction between direct and circumstantial evidence which we disavowed in hankins v. state.

1

accordingly, christensen is disapproved.

0

kinsel v. lindsey, 526 s.w.3d 411, 419 (tex. 2017).

0

state v. reyes, 744 n.w.2d 95, 101 (iowa 2008) (quoting united states v. lovasco, 431 u.s. 783, 790 (1977)).

1

accordingly, everett is overruled, and the judgment of the superior court is reversed.

0

husband contends that recitation of the terms of an agreement into the record is sufficient to satisfy section 31-15-2-17(a)'s writing requirement.

0

as salerno observed, the bail reform act required individualized hearings in which ""the government [had to] convince a neutral decisionmaker by clear and convincing evidence that no conditions of release can reasonably assure the safety of the community or any person."" 481 u.s. at 750.

1

district of columbia, and the dicta in sims v. rives, and wood v. united states, are in conflict with the foregoing statement they are, to that extent, hereby repudiated.

0

dr. benefield has never specifically identified how these affidavits prejudice his ability to prepare for a trial on the merits.

0

id., at 216.

1

in order that there can be no question in the future about the matter, we hereby overrule the southern paint mfg. co., inc., v. crump, supra, to the extent that it conflicts with our holding here.

0

13 defendant is correct that abuse of discretion is typically the correct standard of review for discovery matters, such as the issue in the instant appeal.

1

the rule propounded in reese, to the extent that it conflicts with this holding, is overruled.

0

fernandes v. dar dev. corp., inc., 222 n.j. 390, 403-04 (2015) (citing townsend v. pierre, 221 n.j. 36, 51 (2015)).

0

there was no evidence that the juror harbored any racial prejudice and, as the court explained, the rule of vann long was not applicable in that circumstance because, since ""no . . . bias was apparent, . . . an unequivocal response was not necessary to rehabilitate the juror's impartiality.""

0

see, e.g., hyland v. homeservices of am., inc., 771 f.3d 310, 323 (6th cir. 2014) (affirming district court's holding that ""plaintiffs have not pled an alter ego or piercing the corporate veil claim in their fourth amended complaint and cannot now, when faced with summary judgment, assert this new theory of liability"" (citation omitted)); counts v. mk-ferguson co., 680 f. supp. 1343, 1347 n.3 (e.d. mo.) (""plaintiff has not pleaded alter ego liability against this defendant and it would not be possible to hold it liable on this basis given the claims advanced in the second amended complaint.""),

0

see 15 u.s.c. 1692a(6) (""the term 'debt collector' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another""; chiang v. verizon new england, inc., 595 f.3d 26, 41 (1st cir. 2010) (""creditors collecting on their own accounts are generally excluded from the [fdcpa's] reach"" unless they use ""any name other than [their] own which would indicate that a third person is collecting or attempting to collect such debts"").

0

writ denied on the showing made.

1

we disapprove this holding in bignotti insofar as it conflicts with our present decision.

0

the defendant has the burden of showing that the testimony would have been both favorable and material to his defense.""

1

estate of pepper, supra, 158 cal. 619, is therefore overruled.

0

years later, the defendant perjured himself in front of a grand jury when he was called to testify as part of a renewed investigation into the alleged counterfeiting.

1

so that the law is free from ambiguity in this area, empire star mines is overruled to the extent that it conflicts with this opinion.

1

we do so, and now hold spears is incorrect insofar as it precludes the possibility of harmless error under any circumstances; and to that extent, it must be overruled.

0

our review of the record reveals that white did not argue the capabilities of the recording device were inadequate in his motion to suppress, nor did white make any argument regarding its capabilities during the pre-trial hearing.

0

as is relevant here, in the united states a ship can be liable in rem for cargo damage, the idea being that the ship impliedly ratified the shipping contract when the carrier loaded the cargo onboard.

1

we note that, in mcclung, the supreme court of tennessee abandoned the imminent harm test put forth in cornpropst v. sloan, the case on which this court relied in shipes.

1

cases on which defendant relies for sustaining the limited scope of the arbitrable issues and the necessity for preliminary court hearings on "jurisdictional facts" are hereby disapproved: pacific automobile ins. co. v. lang, supra, 265 cal.app.2d 837; rodgers v. state farm mutual auto. ins. co., supra, 13 cal.app.3d 641.

1

the result the court reaches follows inexorably from roberts and its progeny without any need for overruling that line of cases.

0

see generally worthy v. state, 307 ga. app. 297, 304 (3) (704 se2d 808) (2010) (rejecting argument of post-certified campus policeman that although he was off-duty and not on campus, he nevertheless had a duty to arrest a person who violated the law in his presence).

1

we disapprove miller to the extent it is inconsistent with this opinion.

0

see id. (""the secretary had authority to promulgate regulations to carry out these powers, . . . and he did so in 27 c.f.r. part 55. . . . the regulations authorized '[a]ny atf officer' to 'inspect the site of any accident or fire in which there is reason to believe that explosive materials were involved.'""

1

this court disagrees with the rationale of the court of appeals in city of springfield, finding the rationale of loving v. city of st. joseph more persuasive.

0

43 but standing is not a prerequisite to subject matter jurisdiction; it is the state's burden to demonstrate lack of standing, and that argument may be forfeited if not timely raised.

0

gonzalez-lopez, 548 u.s. at 150.

1

precedent authorizing such inference is overruled.

0

first, as stated above, child support agreements must be calculated and reviewed by the district court to ensure compliance with the child support statutes.

0

the supreme court has held that ""when an employer directs or requires an employee to undertake an activity, 'that compulsion, standing alone, brings an activity that is otherwise unrelated to work within the scope of employment.'""

0

our review is therefore limited at most to whether any errors caused a substantial risk of a miscarriage of justice.

1

for these reasons, we overrule hoiles to the extent it stated that "the engineer's work [on the bay view terrace map] . . . obliterated" lots 21, 22, 23, and 25, and held that lots 21, 22, 23, and 25 were dedicated to the public as a beach.

0

see bassett, 528 f.3d at 430.

1

all judges have expressed agreement with the conclusions herein respecting overruling long.

0

the lee count justice court drug court began operation in 2009, after the text of subsection (2)(a)(v) was operative.

0

[citation omitted].

1

and in lawrence, which was later superseded in part by statute, seetex.

1

accordingly, to the extent that it conflicts with what we say here, christensen is overruled.

1

accordingly, we disapprove of our statement in chhom, 128 wash.2d at 741, 911 p.2d 1014, defining the criminal result of rape of a child as sexual intercourse alone.

1

movement across a room to facilitate a robbery might be essential to the commission of the robbery but be incidental thereto within the meaning of daniels. insofar as such cases are inconsistent with the views expressed herein they are disapproved.

0

ocga 19-7-3 (c) (1).

0

the victim told police that she thought she heard a trigger being pulled, but neither of the guns went off. during his plea colloquy, defendant agreed that the victim ""was afraid that [defendant] was going to shoot her.""

1

however, our discussion above of the supreme court cases indicates that the jurisdictional label has often been used loosely, and sometimes interchanged in the same opinion with statute of limitations terminology.

1

to the extent that the previous decisions of this court in jackson, lundy and peterson are inconsistent with this holding, we hereby recede from them.

0

courts must construe briefs ""reasonably yet liberally.""

0

the district court found that visitation with rohmiller and clayton was in b.h.'s best interests because b.h. would likely suffer emotional harm if ties to the maternal family were severed.

1

in light of the test set forth in brown, supra, it is readily apparent that the language in branch and draper is no longer valid, therefore we expressly overrule the aforementioned language contained in branch and draper.

1

but any language in the fried case which is inconsistent with this opinion is hereby overruled.

1

we do recede from rotenberry v. state, 468 so.2d 971 (fla. 1985), to the extent that it may be read to be in conflict with this decision.

0

in reaching this conclusion, the court stated that it believed the sequence of events as documented in kinney's arrest report that the officer was beginning to pat down defendant when defendant dropped the backpack.

0

a person who intentionally and with premeditation ""causes the death of another human being"" is guilty of first-degree murder.

0

see wis. stat. 808.10 and rule 809.62. cir. ct. nos. 2016tp238

0

because his indictment refers only to those facts, he argues that no crime was occurring after the officers fell to the pavement.

0

""stated differently, relief may be granted only where there 'is a probability sufficient to undermine confidence in the outcome,' i.e., there is a 'substantial, not just conceivable, likelihood of a different result.'""

0

people v. suarez, 224 ill. 2d 37, 47, 862 n.e.2d 977, 982 (2007).

1

to the extent larabee is contrary to this opinion, it is overruled.

0

nabors drilling, u.s.a., inc. v. escoto, 288 s.w.3d 401, 404 (tex. 2009).

0

title vii's administrative exhaustion requirement is not a jurisdictional bar to suit but rather a prudential prerequisite under our binding precedent, and fort bend forfeited its exhaustion argument by not raising it in a timely manner before the district court.

1

however, we now specifically overrule the holdings in the case of city of kingfisher v. altizer, 13 okla. 121, 74 p. 107, and other cases of similar import of effect that plaintiff in an action for personal injury need not in any case submit to a physical examination.

1

a.a.b. is not harmed by our decision to disavow this aspect of m.e.r.

0

183, 205 (1810) (""[a] statute is to be so construed, that no clause, sentence or word shall be void, superfluous, or insignificant."").

0

first, the plaintiff must establish ""a prima facie case of retaliation.""

0

likewise, the commission's functions, and the commission itself, were dependent on the rules and could not be severed.

1

the third and fifth district courts of appeal have concluded, consistent with the first district, that miller is not retroactive, while the second and fourth district courts of appeal have held, to the contrary, that it is.

1

wilson was disapproved on other grounds in kellett v. superior court (1966) 63 cal.2d 822, 827 [ 48 cal.rptr. 366, 409 p.2d 206], but the court in kellett nonetheless agreed that the flight from the officer constituted a separate offense from the procurement and threatened use of the gun.

1

we also disapprove the language from hilton suggesting that an offer of proof must vouch for the anticipated testimony.

1

the court of appeals panel erred in anderson, and we overrule that decision.

0

see also figgins v. cochrane, 403 md. 392, 409 (2008) (""if any competent material evidence exists in support of the trial court's factual findings, those findings cannot be held to be clearly erroneous."")