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P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers failed to "pay value" for the home, within the meaning of Exclusion 5. | {
"signal": "see also",
"identifier": "119 Ariz. 302, 302",
"parenthetical": "foreclosure sale may be set aside if price \"is so gross as to be proof of fraud or shock the conscience of the court\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | {
"signal": "see",
"identifier": "267 P.2d 735, 735",
"parenthetical": "purchaser must pay \"a present equivalent\" for purposes of recording statute",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | 5,545,453 | b |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers failed to "pay value" for the home, within the meaning of Exclusion 5. | {
"signal": "see also",
"identifier": "580 P.2d 763, 763",
"parenthetical": "foreclosure sale may be set aside if price \"is so gross as to be proof of fraud or shock the conscience of the court\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | {
"signal": "see",
"identifier": "267 P.2d 735, 735",
"parenthetical": "purchaser must pay \"a present equivalent\" for purposes of recording statute",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | 5,545,453 | b |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers failed to "pay value" for the home, within the meaning of Exclusion 5. | {
"signal": "see also",
"identifier": "203 Ariz. 214, 214, ¶ 38",
"parenthetical": "trustee s sale may be set aside if price is \"grossly inadequate\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | {
"signal": "see",
"identifier": "299 F.Supp. 668, 668",
"parenthetical": "one who pays a \"grossly inadequate\" price for real property is not a bona fide purchaser",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | 5,545,453 | b |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers failed to "pay value" for the home, within the meaning of Exclusion 5. | {
"signal": "see",
"identifier": "299 F.Supp. 668, 668",
"parenthetical": "one who pays a \"grossly inadequate\" price for real property is not a bona fide purchaser",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | {
"signal": "see also",
"identifier": "52 P.3d 783, 783",
"parenthetical": "trustee s sale may be set aside if price is \"grossly inadequate\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | 5,545,453 | a |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers failed to "pay value" for the home, within the meaning of Exclusion 5. | {
"signal": "see",
"identifier": "299 F.Supp. 668, 668",
"parenthetical": "one who pays a \"grossly inadequate\" price for real property is not a bona fide purchaser",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | {
"signal": "see also",
"identifier": "119 Ariz. 302, 302",
"parenthetical": "foreclosure sale may be set aside if price \"is so gross as to be proof of fraud or shock the conscience of the court\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | 5,545,453 | a |
P23 The court's order in the foreclosure action that the price Purchasers paid for the home was "grossly inadequate" and "shocked the Court's [conscience]" was not appealed and has become final. On that basis alone, the superior court in this case could have correctly concluded that as a matter of law, Purchasers failed to "pay value" for the home, within the meaning of Exclusion 5. | {
"signal": "see also",
"identifier": "580 P.2d 763, 763",
"parenthetical": "foreclosure sale may be set aside if price \"is so gross as to be proof of fraud or shock the conscience of the court\"",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | {
"signal": "see",
"identifier": "299 F.Supp. 668, 668",
"parenthetical": "one who pays a \"grossly inadequate\" price for real property is not a bona fide purchaser",
"sentence": "See Alexander, 77 Ariz. at 99, 267 P.2d at 735 (purchaser must pay “a present equivalent” for purposes of recording statute); West, 299 F.Supp. at 668 (one who pays a “grossly inadequate” price for real property is not a bona fide purchaser); see also Krohn, 203 Ariz. at 214, ¶ 38, 52 P.3d at 783 (trustee s sale may be set aside if price is “grossly inadequate”); Homecraft, 119 Ariz. at 302, 580 P.2d at 763 (foreclosure sale may be set aside if price “is so gross as to be proof of fraud or shock the conscience of the court”)."
} | 5,545,453 | b |
In conducting this review, "[i]t is not our job to weigh the evidence." Accordingly, disputed questions of fact must be resolved in favor of the non-moving party at the summary judgment stage. | {
"signal": "see also",
"identifier": "477 U.S. 242, 255",
"parenthetical": "\"[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment\"",
"sentence": "See Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (“[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment”); Ray Commc’ns, Inc. v. Clear Channel Commc’ns, Inc., 673 F.3d 294, 305 (4th Cir.2012) (credibility determinations are not part of summary judgment proceedings)."
} | {
"signal": "see",
"identifier": "600 F.2d 458, 460",
"parenthetical": "holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations",
"sentence": "See Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (“[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment”); Ray Commc’ns, Inc. v. Clear Channel Commc’ns, Inc., 673 F.3d 294, 305 (4th Cir.2012) (credibility determinations are not part of summary judgment proceedings)."
} | 3,558,664 | b |
In conducting this review, "[i]t is not our job to weigh the evidence." Accordingly, disputed questions of fact must be resolved in favor of the non-moving party at the summary judgment stage. | {
"signal": "see",
"identifier": "600 F.2d 458, 460",
"parenthetical": "holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations",
"sentence": "See Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (“[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment”); Ray Commc’ns, Inc. v. Clear Channel Commc’ns, Inc., 673 F.3d 294, 305 (4th Cir.2012) (credibility determinations are not part of summary judgment proceedings)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment\"",
"sentence": "See Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (“[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment”); Ray Commc’ns, Inc. v. Clear Channel Commc’ns, Inc., 673 F.3d 294, 305 (4th Cir.2012) (credibility determinations are not part of summary judgment proceedings)."
} | 3,558,664 | a |
In conducting this review, "[i]t is not our job to weigh the evidence." Accordingly, disputed questions of fact must be resolved in favor of the non-moving party at the summary judgment stage. | {
"signal": "see",
"identifier": "600 F.2d 458, 460",
"parenthetical": "holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations",
"sentence": "See Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (“[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment”); Ray Commc’ns, Inc. v. Clear Channel Commc’ns, Inc., 673 F.3d 294, 305 (4th Cir.2012) (credibility determinations are not part of summary judgment proceedings)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment\"",
"sentence": "See Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (“[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment”); Ray Commc’ns, Inc. v. Clear Channel Commc’ns, Inc., 673 F.3d 294, 305 (4th Cir.2012) (credibility determinations are not part of summary judgment proceedings)."
} | 3,558,664 | a |
Additional procedures for State and local enforcement are present, as well, within the local by-law and G. Since the commission has temporized and handled the matter in a piecemeal fashion, and Yellin completed the work prior to the issuance of the decision, now under appeal, the question before us has been reduced to an abstraction. It no longer reflects whether the commission intends to seek enforcement and, as a practical matter, is without effect. | {
"signal": "see also",
"identifier": "413 Mass. 736, 740",
"parenthetical": "\"A regulatory takings claim often is not mature until the validity of the challenged local regulation has been determined\"",
"sentence": "See also Steinbergh v. Cambridge, 413 Mass. 736, 740 (1992), cert. denied, 508 U.S. 909 (1993) (“A regulatory takings claim often is not mature until the validity of the challenged local regulation has been determined”)."
} | {
"signal": "see",
"identifier": "53 Mass. App. Ct. 120, 123",
"parenthetical": "issue preclusion does not apply if prior decisions not final",
"sentence": "See Green v. Brookline, 53 Mass. App. Ct. 120, 123 (2001) (issue preclusion does not apply if prior decisions not final)."
} | 299,179 | b |
Additional procedures for State and local enforcement are present, as well, within the local by-law and G. Since the commission has temporized and handled the matter in a piecemeal fashion, and Yellin completed the work prior to the issuance of the decision, now under appeal, the question before us has been reduced to an abstraction. It no longer reflects whether the commission intends to seek enforcement and, as a practical matter, is without effect. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"A regulatory takings claim often is not mature until the validity of the challenged local regulation has been determined\"",
"sentence": "See also Steinbergh v. Cambridge, 413 Mass. 736, 740 (1992), cert. denied, 508 U.S. 909 (1993) (“A regulatory takings claim often is not mature until the validity of the challenged local regulation has been determined”)."
} | {
"signal": "see",
"identifier": "53 Mass. App. Ct. 120, 123",
"parenthetical": "issue preclusion does not apply if prior decisions not final",
"sentence": "See Green v. Brookline, 53 Mass. App. Ct. 120, 123 (2001) (issue preclusion does not apply if prior decisions not final)."
} | 299,179 | b |
The converse of the rights of the defense and the prosecution to interview witnesses unimpeded by third parties, is the opposing right of witnesses to refuse to be interviewed by either the defense or the prosecution. | {
"signal": "see also",
"identifier": "518 F.2d 261, 268",
"parenthetical": "recognizing that any witness has the right to refuse to be interviewed if he so desires and is not under or subject to legal process",
"sentence": "Commonwealth v. Peters, 353 S.W.3d 592, 598 (Ky.2011) (RCr 7.24 and RCr 8.03 do not authorize the trial court to compel a witness’s attendance for discovery); Radford, 212 S.W.3d at 82; see also United States v. Scott, 518 F.2d 261, 268 (6th Cir.1975) (recognizing that any witness has the right to refuse to be interviewed if he so desires and is not under or subject to legal process)."
} | {
"signal": "no signal",
"identifier": "353 S.W.3d 592, 598",
"parenthetical": "RCr 7.24 and RCr 8.03 do not authorize the trial court to compel a witness's attendance for discovery",
"sentence": "Commonwealth v. Peters, 353 S.W.3d 592, 598 (Ky.2011) (RCr 7.24 and RCr 8.03 do not authorize the trial court to compel a witness’s attendance for discovery); Radford, 212 S.W.3d at 82; see also United States v. Scott, 518 F.2d 261, 268 (6th Cir.1975) (recognizing that any witness has the right to refuse to be interviewed if he so desires and is not under or subject to legal process)."
} | 7,314,425 | b |
Had his attorney objected to the application of SS 4B1.1, Cabello's sentence would, under the Guidelines, have involved at least 8 years and 11 months less prison time. Such a "significantly less harsh" sentence constitutes the sort of prejudice that supports a Sixth Amendment ineffective-assistance claim based on failure to assure the proper Guideline sentence. | {
"signal": "see also",
"identifier": "31 F.3d 529, 534",
"parenthetical": "confirming Durrive standard where counsel error led to erroneous Guideline sentence",
"sentence": "See Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993) (setting out standard for ineffective-assistance claims based on counsel’s error at sentencing); see also United States v. Partee, 31 F.3d 529, 534 (7th Cir.1994) (confirming Durrive standard where counsel error led to erroneous Guideline sentence)."
} | {
"signal": "see",
"identifier": "4 F.3d 548, 551",
"parenthetical": "setting out standard for ineffective-assistance claims based on counsel's error at sentencing",
"sentence": "See Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993) (setting out standard for ineffective-assistance claims based on counsel’s error at sentencing); see also United States v. Partee, 31 F.3d 529, 534 (7th Cir.1994) (confirming Durrive standard where counsel error led to erroneous Guideline sentence)."
} | 7,837,798 | b |
Each one of these sexual encounters with C.R. -- who was unable to consent due to her age -- caused a separate harm, even though they occurred with the same victim. | {
"signal": "see also",
"identifier": "811 F.3d 840, 843",
"parenthetical": "noting that, in the context of \"sex crimes committed by the same defendant against the same victim over an extended period of time,\" \"each act usually amounts to a fresh harm the victim must face anew\"",
"sentence": "See United States v. Bonner, 85 F.3d 522, 524-25 (11th Cir. 1996) (“Multiple, separate instances of fear and risk of harm, not one composite harm, occur when the defendant robs or rapes the same victim on different occasions.”); see also United States v. Bivens, 811 F.3d 840, 843 (6th Cir. 2016) (noting that, in the context of “sex crimes committed by the same defendant against the same victim over an extended period of time,” “each act usually amounts to a fresh harm the victim must face anew”)."
} | {
"signal": "see",
"identifier": "85 F.3d 522, 524-25",
"parenthetical": "\"Multiple, separate instances of fear and risk of harm, not one composite harm, occur when the defendant robs or rapes the same victim on different occasions.\"",
"sentence": "See United States v. Bonner, 85 F.3d 522, 524-25 (11th Cir. 1996) (“Multiple, separate instances of fear and risk of harm, not one composite harm, occur when the defendant robs or rapes the same victim on different occasions.”); see also United States v. Bivens, 811 F.3d 840, 843 (6th Cir. 2016) (noting that, in the context of “sex crimes committed by the same defendant against the same victim over an extended period of time,” “each act usually amounts to a fresh harm the victim must face anew”)."
} | 4,354,717 | b |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": null,
"parenthetical": "summarily vacating guilty plea on direct appeal on basis of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "vacating plea on SS 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "summarily vacating guilty plea on direct appeal on basis of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | b |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": null,
"parenthetical": "summarily vacating guilty plea on direct appeal on basis of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting pre-sentence withdrawal of plea on grounds that factual basis did not support \"use\" of firearm in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see also",
"identifier": null,
"parenthetical": "vacating plea on SS 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "remanding to trial court for reconsideration of plea in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | b |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": null,
"parenthetical": "remanding to trial court for reconsideration of plea in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": null,
"parenthetical": "remanding to trial court for reconsideration of plea in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting pre-sentence withdrawal of plea on grounds that factual basis did not support \"use\" of firearm in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see also",
"identifier": null,
"parenthetical": "vacating plea on SS 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under SS 924(c",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | b |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": null,
"parenthetical": "on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under SS 924(c",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting pre-sentence withdrawal of plea on grounds that factual basis did not support \"use\" of firearm in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under SS 924(c",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | b |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": "73 F.3d 616, 622-23",
"parenthetical": "on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant's Alford plea to violation of SS 924(c",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "vacating plea on SS 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": "73 F.3d 616, 622-23",
"parenthetical": "on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant's Alford plea to violation of SS 924(c",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | a |
We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits. | {
"signal": "see",
"identifier": "73 F.3d 616, 622-23",
"parenthetical": "on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant's Alford plea to violation of SS 924(c",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "permitting pre-sentence withdrawal of plea on grounds that factual basis did not support \"use\" of firearm in light of Bailey",
"sentence": "See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey)."
} | 11,644,737 | a |
121 Under these circumstances, and viewed in the light most favorable to the prosecution, the evidence is sufficient to support a conclusion by a reasonable mind that defendant knew sexually exploitative material was available for other LimeWire users to download from his computer. | {
"signal": "cf.",
"identifier": "472 F.3d 1219, 1228",
"parenthetical": "in analyzing the term \"distributed\" the Tenth Cireuit explained that the defendant may not have \"actively pushed pornography\" on other peer-to-peer users, but \"he freely allowed them access to his computerized stash of images and videos and openly invited them to take, or download, those items,\" and therefore, distributed those images",
"sentence": "See Clark, 282 P.3d at 1291; see also State v. Tremaine, 8315 S.W.3d 769, 772 (Mo.Ct.App.2010) (evidence was sufficient for the jury to find that the defendant offered to disseminate child pornography in the sense that he presented for acceptance or rejection, held out, and made available, such materials for widespread sharing via the computer, and invited others to take, or download, those items from him); cf. United States v. Shaffer, 472 F.3d 1219, 1228 (10th Cir.2007) (in analyzing the term \"distributed\" the Tenth Cireuit explained that the defendant may not have \"actively pushed pornography\" on other peer-to-peer users, but \"he freely allowed them access to his computerized stash of images and videos and openly invited them to take, or download, those items,\" and therefore, distributed those images)."
} | {
"signal": "see also",
"identifier": "8315 S.W.3d 769, 772",
"parenthetical": "evidence was sufficient for the jury to find that the defendant offered to disseminate child pornography in the sense that he presented for acceptance or rejection, held out, and made available, such materials for widespread sharing via the computer, and invited others to take, or download, those items from him",
"sentence": "See Clark, 282 P.3d at 1291; see also State v. Tremaine, 8315 S.W.3d 769, 772 (Mo.Ct.App.2010) (evidence was sufficient for the jury to find that the defendant offered to disseminate child pornography in the sense that he presented for acceptance or rejection, held out, and made available, such materials for widespread sharing via the computer, and invited others to take, or download, those items from him); cf. United States v. Shaffer, 472 F.3d 1219, 1228 (10th Cir.2007) (in analyzing the term \"distributed\" the Tenth Cireuit explained that the defendant may not have \"actively pushed pornography\" on other peer-to-peer users, but \"he freely allowed them access to his computerized stash of images and videos and openly invited them to take, or download, those items,\" and therefore, distributed those images)."
} | 7,262,962 | b |
In his plea agreement, Richardson waived his right to appeal with the exception of "only those issues raised and subsequently denied by the Court with regard to the defendant's motion to suppress." (R. (Richardson) v. 1, doc. 112, plea agreement at 7, para. 11 (emphasis added).) That language clearly precludes Richardson from raising on appeal any new arguments in support of his suppression motion. | {
"signal": "see",
"identifier": "374 F.3d 957, 957-58",
"parenthetical": "holding appeal waiver in conditional guilty plea agreement precluded defendant from asserting new argument on appeal in support of suppression motion",
"sentence": "See Anderson, 374 F.3d at 957-58 (holding appeal waiver in conditional guilty plea agreement precluded defendant from asserting new argument on appeal in support of suppression motion); see also United States v. Ochoa-Colchado, 521 F.3d 1292, 1299 (10th Cir.2008) (noting that, “[w]hen considering whether an appeal falls within the scope of a waiver of appellate rights, the general rule is that any appellate rights not expressly reserved are waived”)."
} | {
"signal": "see also",
"identifier": "521 F.3d 1292, 1299",
"parenthetical": "noting that, \"[w]hen considering whether an appeal falls within the scope of a waiver of appellate rights, the general rule is that any appellate rights not expressly reserved are waived\"",
"sentence": "See Anderson, 374 F.3d at 957-58 (holding appeal waiver in conditional guilty plea agreement precluded defendant from asserting new argument on appeal in support of suppression motion); see also United States v. Ochoa-Colchado, 521 F.3d 1292, 1299 (10th Cir.2008) (noting that, “[w]hen considering whether an appeal falls within the scope of a waiver of appellate rights, the general rule is that any appellate rights not expressly reserved are waived”)."
} | 5,893,059 | a |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see",
"identifier": "505 U.S. 377, 395",
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | {
"signal": "see also",
"identifier": "134 S.Ct. 2518, 2530",
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | 12,264,774 | a |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see also",
"identifier": null,
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | {
"signal": "see",
"identifier": "505 U.S. 377, 395",
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | 12,264,774 | b |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see also",
"identifier": "134 S.Ct. 2518, 2530",
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | 12,264,774 | b |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | 12,264,774 | a |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | {
"signal": "see also",
"identifier": "134 S.Ct. 2518, 2530",
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | 12,264,774 | a |
' This is a critical distinction between this case and Boss, as a dispute of fact- on the general applicability of the Protocol necessitates an analysis of whether the Protocol is content neutral. | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining content based -time, place, and manner regulations are subject to strict scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "considering the content neutrality question first to determine level of scrutiny",
"sentence": "See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (“[E]ven in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech,' provided the restrictions are justified mthout' reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, .and that they leave open ample alternative channels for-communication-of. .the information.” (internal quotation marks omitted) (emphasis supplied)); R.A.V. v. City of St. Paul, 505 U.S. 377, 395, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) (explaining content based -time, place, and manner regulations are subject to strict scrutiny); see also McCullen v. Coakley, — U.S. —, 134 S.Ct. 2518, 2530, 189 L.Ed.2d 502 (2014) (considering the content neutrality question first to determine level of scrutiny). This court in Ross never had the chance to decide whether the Protocol is content neutral in-the absence of a general applicability stipulation; therefore, that decision cannot be fairly said to dictate the outcome here."
} | 12,264,774 | a |
Courts have consistently held that the "reason to believe" phrase in SS 1357 "must be read in light of constitutional standards, so that 'reason to believe' must be considered the equivalent of probable cause." | {
"signal": "see also",
"identifier": "623 F.3d 1237, 1239",
"parenthetical": "\"Because the Fourth Amendment' applies to arrests of illegal aliens, the term 'reason to believe' in SS 1357(a",
"sentence": "Au Yi Lau, 445 F.2d at 222; see, e.g., Tejeda-Mata v. Immigration & Naturalization Serv., 626 F.2d 721, 725 (9th Cir. 1980) (“The phrase ‘has reason to believe’ [in § 1357] has been equated with the constitutional requirement of probable cause.”); United States v. Cantu, 519 F.2d 494, 496 (7th Cir.1975) (“The words [in § 1357] of the statute ‘reason to believe’ are properly taken to signify probable cause.”); see also United States v. Quintana, 623 F.3d 1237, 1239 (8th Cir.2010) (“Because the Fourth Amendment' applies to arrests of illegal aliens, the term ‘reason to believe’ in § 1357(a)(2) means constitutionally required probable cause.”)."
} | {
"signal": "see",
"identifier": "626 F.2d 721, 725",
"parenthetical": "\"The phrase 'has reason to believe' [in SS 1357] has been equated with the constitutional requirement of probable cause.\"",
"sentence": "Au Yi Lau, 445 F.2d at 222; see, e.g., Tejeda-Mata v. Immigration & Naturalization Serv., 626 F.2d 721, 725 (9th Cir. 1980) (“The phrase ‘has reason to believe’ [in § 1357] has been equated with the constitutional requirement of probable cause.”); United States v. Cantu, 519 F.2d 494, 496 (7th Cir.1975) (“The words [in § 1357] of the statute ‘reason to believe’ are properly taken to signify probable cause.”); see also United States v. Quintana, 623 F.3d 1237, 1239 (8th Cir.2010) (“Because the Fourth Amendment' applies to arrests of illegal aliens, the term ‘reason to believe’ in § 1357(a)(2) means constitutionally required probable cause.”)."
} | 4,278,569 | b |
Courts have consistently held that the "reason to believe" phrase in SS 1357 "must be read in light of constitutional standards, so that 'reason to believe' must be considered the equivalent of probable cause." | {
"signal": "see",
"identifier": "519 F.2d 494, 496",
"parenthetical": "\"The words [in SS 1357] of the statute 'reason to believe' are properly taken to signify probable cause.\"",
"sentence": "Au Yi Lau, 445 F.2d at 222; see, e.g., Tejeda-Mata v. Immigration & Naturalization Serv., 626 F.2d 721, 725 (9th Cir. 1980) (“The phrase ‘has reason to believe’ [in § 1357] has been equated with the constitutional requirement of probable cause.”); United States v. Cantu, 519 F.2d 494, 496 (7th Cir.1975) (“The words [in § 1357] of the statute ‘reason to believe’ are properly taken to signify probable cause.”); see also United States v. Quintana, 623 F.3d 1237, 1239 (8th Cir.2010) (“Because the Fourth Amendment' applies to arrests of illegal aliens, the term ‘reason to believe’ in § 1357(a)(2) means constitutionally required probable cause.”)."
} | {
"signal": "see also",
"identifier": "623 F.3d 1237, 1239",
"parenthetical": "\"Because the Fourth Amendment' applies to arrests of illegal aliens, the term 'reason to believe' in SS 1357(a",
"sentence": "Au Yi Lau, 445 F.2d at 222; see, e.g., Tejeda-Mata v. Immigration & Naturalization Serv., 626 F.2d 721, 725 (9th Cir. 1980) (“The phrase ‘has reason to believe’ [in § 1357] has been equated with the constitutional requirement of probable cause.”); United States v. Cantu, 519 F.2d 494, 496 (7th Cir.1975) (“The words [in § 1357] of the statute ‘reason to believe’ are properly taken to signify probable cause.”); see also United States v. Quintana, 623 F.3d 1237, 1239 (8th Cir.2010) (“Because the Fourth Amendment' applies to arrests of illegal aliens, the term ‘reason to believe’ in § 1357(a)(2) means constitutionally required probable cause.”)."
} | 4,278,569 | a |
However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. | {
"signal": "see",
"identifier": "372 F.2d 177, 180",
"parenthetical": "holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution",
"sentence": "See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) (\"Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party.” (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution); United States v. Durrani, 659 F.Supp. 1183 (D.Conn.) (citing cases listed above), aff'd, 835 F.2d 410 (2d Cir.1987); cf. Lippay v. Christos, 996 F.2d 1490, 1497 (3d Cir.1993) (affirming rule for criminal trials but questioning applicability of rule to civil litigation)."
} | {
"signal": "cf.",
"identifier": "996 F.2d 1490, 1497",
"parenthetical": "affirming rule for criminal trials but questioning applicability of rule to civil litigation",
"sentence": "See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) (\"Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party.” (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution); United States v. Durrani, 659 F.Supp. 1183 (D.Conn.) (citing cases listed above), aff'd, 835 F.2d 410 (2d Cir.1987); cf. Lippay v. Christos, 996 F.2d 1490, 1497 (3d Cir.1993) (affirming rule for criminal trials but questioning applicability of rule to civil litigation)."
} | 10,530,466 | a |
However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. | {
"signal": "but see",
"identifier": "581 F.2d 933, 938",
"parenthetical": "questioning applicability of rule when Government had expressed its belief in the statement of the declarant",
"sentence": "But see United States v. Morgan, 581 F.2d 933, 938 (D.C.Cir.1978) (questioning applicability of rule when Government had expressed its belief in the statement of the declarant)."
} | {
"signal": "see",
"identifier": "372 F.2d 177, 180",
"parenthetical": "holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution",
"sentence": "See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) (\"Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party.” (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution); United States v. Durrani, 659 F.Supp. 1183 (D.Conn.) (citing cases listed above), aff'd, 835 F.2d 410 (2d Cir.1987); cf. Lippay v. Christos, 996 F.2d 1490, 1497 (3d Cir.1993) (affirming rule for criminal trials but questioning applicability of rule to civil litigation)."
} | 10,530,466 | b |
However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. | {
"signal": "cf.",
"identifier": "996 F.2d 1490, 1497",
"parenthetical": "affirming rule for criminal trials but questioning applicability of rule to civil litigation",
"sentence": "See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) (\"Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party.” (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution); United States v. Durrani, 659 F.Supp. 1183 (D.Conn.) (citing cases listed above), aff'd, 835 F.2d 410 (2d Cir.1987); cf. Lippay v. Christos, 996 F.2d 1490, 1497 (3d Cir.1993) (affirming rule for criminal trials but questioning applicability of rule to civil litigation)."
} | {
"signal": "but see",
"identifier": "581 F.2d 933, 938",
"parenthetical": "questioning applicability of rule when Government had expressed its belief in the statement of the declarant",
"sentence": "But see United States v. Morgan, 581 F.2d 933, 938 (D.C.Cir.1978) (questioning applicability of rule when Government had expressed its belief in the statement of the declarant)."
} | 10,530,466 | a |
Finally, we have held that where a party seeks to impeach a witness with evidence of prior juvenile, delinquency findings, a general challenge to the witness's character, without more, is not enough. | {
"signal": "no signal",
"identifier": "506 N.E.2d 3, 5",
"parenthetical": "holding that the trial court properly excluded inquiry into a witness's juvenile record where the defendant \"attempted to impeach the general credibility of the witness with the finding of delinquency for particular acts,\" in this case, theft",
"sentence": "Engle v. State, 506 N.E.2d 3, 5 (Ind.1987) (holding that the trial court properly excluded inquiry into a witness’s juvenile record where the defendant “attempted to impeach the general credibility of the witness with the finding of delinquency for particular acts,” in this case, theft) (emphasis added); Roland v. State, 501 N.E.2d 1034, 1037 (Ind.1986) (holding that although the trial court improperly permitted reference to the witness’s juvenile adjudication based on theft for impeachment purposes, there was no prejudicial effect requiring reversal); cf. Terrell v. State, 507 N.E.2d 633, 635 (Ind.Ct.App.1987) (holding that the trial court did not err in admitting juvenile records where counsel stated in his opening statement that the witness had “no record” when, in actuality, the witness had nine juvenile adjudications for burglary)."
} | {
"signal": "cf.",
"identifier": "507 N.E.2d 633, 635",
"parenthetical": "holding that the trial court did not err in admitting juvenile records where counsel stated in his opening statement that the witness had \"no record\" when, in actuality, the witness had nine juvenile adjudications for burglary",
"sentence": "Engle v. State, 506 N.E.2d 3, 5 (Ind.1987) (holding that the trial court properly excluded inquiry into a witness’s juvenile record where the defendant “attempted to impeach the general credibility of the witness with the finding of delinquency for particular acts,” in this case, theft) (emphasis added); Roland v. State, 501 N.E.2d 1034, 1037 (Ind.1986) (holding that although the trial court improperly permitted reference to the witness’s juvenile adjudication based on theft for impeachment purposes, there was no prejudicial effect requiring reversal); cf. Terrell v. State, 507 N.E.2d 633, 635 (Ind.Ct.App.1987) (holding that the trial court did not err in admitting juvenile records where counsel stated in his opening statement that the witness had “no record” when, in actuality, the witness had nine juvenile adjudications for burglary)."
} | 11,188,217 | a |
Finally, we have held that where a party seeks to impeach a witness with evidence of prior juvenile, delinquency findings, a general challenge to the witness's character, without more, is not enough. | {
"signal": "no signal",
"identifier": "501 N.E.2d 1034, 1037",
"parenthetical": "holding that although the trial court improperly permitted reference to the witness's juvenile adjudication based on theft for impeachment purposes, there was no prejudicial effect requiring reversal",
"sentence": "Engle v. State, 506 N.E.2d 3, 5 (Ind.1987) (holding that the trial court properly excluded inquiry into a witness’s juvenile record where the defendant “attempted to impeach the general credibility of the witness with the finding of delinquency for particular acts,” in this case, theft) (emphasis added); Roland v. State, 501 N.E.2d 1034, 1037 (Ind.1986) (holding that although the trial court improperly permitted reference to the witness’s juvenile adjudication based on theft for impeachment purposes, there was no prejudicial effect requiring reversal); cf. Terrell v. State, 507 N.E.2d 633, 635 (Ind.Ct.App.1987) (holding that the trial court did not err in admitting juvenile records where counsel stated in his opening statement that the witness had “no record” when, in actuality, the witness had nine juvenile adjudications for burglary)."
} | {
"signal": "cf.",
"identifier": "507 N.E.2d 633, 635",
"parenthetical": "holding that the trial court did not err in admitting juvenile records where counsel stated in his opening statement that the witness had \"no record\" when, in actuality, the witness had nine juvenile adjudications for burglary",
"sentence": "Engle v. State, 506 N.E.2d 3, 5 (Ind.1987) (holding that the trial court properly excluded inquiry into a witness’s juvenile record where the defendant “attempted to impeach the general credibility of the witness with the finding of delinquency for particular acts,” in this case, theft) (emphasis added); Roland v. State, 501 N.E.2d 1034, 1037 (Ind.1986) (holding that although the trial court improperly permitted reference to the witness’s juvenile adjudication based on theft for impeachment purposes, there was no prejudicial effect requiring reversal); cf. Terrell v. State, 507 N.E.2d 633, 635 (Ind.Ct.App.1987) (holding that the trial court did not err in admitting juvenile records where counsel stated in his opening statement that the witness had “no record” when, in actuality, the witness had nine juvenile adjudications for burglary)."
} | 11,188,217 | a |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's action in reducing the verdict was proper under the law relating to implied contracts. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | {
"signal": "see",
"identifier": "375 Pa.Super. 1, 22",
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | 898,257 | b |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's action in reducing the verdict was proper under the law relating to implied contracts. | {
"signal": "see",
"identifier": "375 Pa.Super. 1, 22",
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | 898,257 | a |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's action in reducing the verdict was proper under the law relating to implied contracts. | {
"signal": "see",
"identifier": "543 A.2d 1148, 1159",
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | 898,257 | a |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's action in reducing the verdict was proper under the law relating to implied contracts. | {
"signal": "see",
"identifier": "543 A.2d 1148, 1159",
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | 898,257 | a |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's action in reducing the verdict was proper under the law relating to implied contracts. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | 898,257 | b |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's action in reducing the verdict was proper under the law relating to implied contracts. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | 898,257 | b |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's action in reducing the verdict was proper under the law relating to implied contracts. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | 898,257 | b |
Here, the trial court found that the jury erred in concluding that the parties intended the employment con tract to last for fourteen years and, accordingly, halved the length of the contract and reduced the jury verdict from $407,000.00 to $204,000.00. In light of the above-cited principles of law, the. trial court's action in reducing the verdict was proper under the law relating to implied contracts. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"reasonable length of time\" of implied contract of employment had passed where appellant employed for eight years before he was dismissed",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "upholding trial court's order of remittitur of excessive jury award",
"sentence": "See, e.g., Paul v. Lankenau Hosp., 375 Pa.Super. 1, 22, 543 A.2d 1148, 1159 (1988), rev’d on other grounds, 524 Pa. 90, 569 A.2d 346 (1990) (upholding trial court's order of remittitur of excessive jury award); see also Veno v. Meredith, supra 357 Pa.Super. at 102 n. 4, 515 A.2d at 580 n. 4 (“reasonable length of time” of implied contract of employment had passed where appellant employed for eight years before he was dismissed)."
} | 898,257 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prejudicial remarks, visual displays and a courtroom antic, give us reason to have serious doubt about the jurors' capacity to follow those instructions. | {
"signal": "but cf.",
"identifier": "96 N.J. 640, 649",
"parenthetical": "noting that \"[t]he record lends no support to the suggestion that the jurors were unable to comply with the court's instruction\"",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | {
"signal": "see",
"identifier": "54 N.J. 259, 270",
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | 4,245,971 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prejudicial remarks, visual displays and a courtroom antic, give us reason to have serious doubt about the jurors' capacity to follow those instructions. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "noting that \"[t]he record lends no support to the suggestion that the jurors were unable to comply with the court's instruction\"",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | {
"signal": "see",
"identifier": "54 N.J. 259, 270",
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | 4,245,971 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prejudicial remarks, visual displays and a courtroom antic, give us reason to have serious doubt about the jurors' capacity to follow those instructions. | {
"signal": "see",
"identifier": "54 N.J. 259, 270",
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | 4,245,971 | a |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prejudicial remarks, visual displays and a courtroom antic, give us reason to have serious doubt about the jurors' capacity to follow those instructions. | {
"signal": "see",
"identifier": "54 N.J. 259, 270",
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | 4,245,971 | a |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prejudicial remarks, visual displays and a courtroom antic, give us reason to have serious doubt about the jurors' capacity to follow those instructions. | {
"signal": "but cf.",
"identifier": "96 N.J. 640, 649",
"parenthetical": "noting that \"[t]he record lends no support to the suggestion that the jurors were unable to comply with the court's instruction\"",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | 4,245,971 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prejudicial remarks, visual displays and a courtroom antic, give us reason to have serious doubt about the jurors' capacity to follow those instructions. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "noting that \"[t]he record lends no support to the suggestion that the jurors were unable to comply with the court's instruction\"",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | 4,245,971 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prejudicial remarks, visual displays and a courtroom antic, give us reason to have serious doubt about the jurors' capacity to follow those instructions. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | 4,245,971 | b |
We recognize that the judge instructed the jury on law and gave an appropriate instruction directing that what he said about the law was controlling. In addition, the judge directed the jurors to rely on their recollection of the evidence, not the summations of counsel. But the sheer quantity and variety of highly prejudicial remarks, visual displays and a courtroom antic, give us reason to have serious doubt about the jurors' capacity to follow those instructions. | {
"signal": "but cf.",
"identifier": null,
"parenthetical": "quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "discussing courts' need to rely on jurors' capacity to follow instructions",
"sentence": "See State v. Manley, 54 N.J. 259, 270, 255 A.2d 193 (1969) (discussing courts’ need to rely on jurors’ capacity to follow instructions); but cf. State v. Winter, 96 N.J. 640, 649, 477 A.2d 323 (1984) (noting that “[t]he record lends no support to the suggestion that the jurors were unable to comply with the court’s instruction”); State v. Catlow, 206 N.J.Super. 186, 193, 502 A.2d 48 (App.Div.1985) (noting that the record revealed “no reason to believe that the jury was unable to follow the court’s sharp and complete curative instruction”), certif. denied, 103 N.J. 465, 511 A.2d 648 (1986) (quoted in Vallejo, supra, 198 N.J. at 135, 965 A.2d 1181)."
} | 4,245,971 | b |
Our case law and that of our sister circuits have treated attachments to an EEO complaint as part of the complaint itself and a basis for articulating claims. | {
"signal": "cf.",
"identifier": "552 U.S. 389, 405-406",
"parenthetical": "holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act",
"sentence": "See Brooks v. District Hosp. Partners, 606 F.3d 800, 808 (D.C. Cir. 2010) (individuals included in a list attached to a complaint were included within the complainant’s reference to similarly situated individuals); accord Asebedo v. Kansas State Univ., 559 Fed.Appx. 668, 672 (10th Cir. 2014) (holding plaintiff exhausted discrimination claim because he had raised it in an attached narrative); Agolli v. Office Depot, Inc., 548 Fed.Appx. 871, 876 (4th Cir. 2013) (holding plaintiff exhausted administrative remedies based on additional sheets attached to EEO complaint); Fantini v. Salem State Coll., 557 F.3d 22, 27 (1st Cir. 2009) (holding plaintiff had exhausted sex discrimination claim because, inter alia, she had identified an instance of disparate treatment in an attachment to her EEO complaint); Dixon v. Ashcroft, 392 F.3d 212, 217-218 (6th Cir. 2004) (holding plaintiff had exhausted claim because his attachment to his EEO complaint set forth sufficient factual details); cf. Federal Express Corp. v. Holowecki, 552 U.S. 389, 405-406, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008) (holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act)."
} | {
"signal": "see",
"identifier": "606 F.3d 800, 808",
"parenthetical": "individuals included in a list attached to a complaint were included within the complainant's reference to similarly situated individuals",
"sentence": "See Brooks v. District Hosp. Partners, 606 F.3d 800, 808 (D.C. Cir. 2010) (individuals included in a list attached to a complaint were included within the complainant’s reference to similarly situated individuals); accord Asebedo v. Kansas State Univ., 559 Fed.Appx. 668, 672 (10th Cir. 2014) (holding plaintiff exhausted discrimination claim because he had raised it in an attached narrative); Agolli v. Office Depot, Inc., 548 Fed.Appx. 871, 876 (4th Cir. 2013) (holding plaintiff exhausted administrative remedies based on additional sheets attached to EEO complaint); Fantini v. Salem State Coll., 557 F.3d 22, 27 (1st Cir. 2009) (holding plaintiff had exhausted sex discrimination claim because, inter alia, she had identified an instance of disparate treatment in an attachment to her EEO complaint); Dixon v. Ashcroft, 392 F.3d 212, 217-218 (6th Cir. 2004) (holding plaintiff had exhausted claim because his attachment to his EEO complaint set forth sufficient factual details); cf. Federal Express Corp. v. Holowecki, 552 U.S. 389, 405-406, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008) (holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act)."
} | 12,275,208 | b |
Our case law and that of our sister circuits have treated attachments to an EEO complaint as part of the complaint itself and a basis for articulating claims. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act",
"sentence": "See Brooks v. District Hosp. Partners, 606 F.3d 800, 808 (D.C. Cir. 2010) (individuals included in a list attached to a complaint were included within the complainant’s reference to similarly situated individuals); accord Asebedo v. Kansas State Univ., 559 Fed.Appx. 668, 672 (10th Cir. 2014) (holding plaintiff exhausted discrimination claim because he had raised it in an attached narrative); Agolli v. Office Depot, Inc., 548 Fed.Appx. 871, 876 (4th Cir. 2013) (holding plaintiff exhausted administrative remedies based on additional sheets attached to EEO complaint); Fantini v. Salem State Coll., 557 F.3d 22, 27 (1st Cir. 2009) (holding plaintiff had exhausted sex discrimination claim because, inter alia, she had identified an instance of disparate treatment in an attachment to her EEO complaint); Dixon v. Ashcroft, 392 F.3d 212, 217-218 (6th Cir. 2004) (holding plaintiff had exhausted claim because his attachment to his EEO complaint set forth sufficient factual details); cf. Federal Express Corp. v. Holowecki, 552 U.S. 389, 405-406, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008) (holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act)."
} | {
"signal": "see",
"identifier": "606 F.3d 800, 808",
"parenthetical": "individuals included in a list attached to a complaint were included within the complainant's reference to similarly situated individuals",
"sentence": "See Brooks v. District Hosp. Partners, 606 F.3d 800, 808 (D.C. Cir. 2010) (individuals included in a list attached to a complaint were included within the complainant’s reference to similarly situated individuals); accord Asebedo v. Kansas State Univ., 559 Fed.Appx. 668, 672 (10th Cir. 2014) (holding plaintiff exhausted discrimination claim because he had raised it in an attached narrative); Agolli v. Office Depot, Inc., 548 Fed.Appx. 871, 876 (4th Cir. 2013) (holding plaintiff exhausted administrative remedies based on additional sheets attached to EEO complaint); Fantini v. Salem State Coll., 557 F.3d 22, 27 (1st Cir. 2009) (holding plaintiff had exhausted sex discrimination claim because, inter alia, she had identified an instance of disparate treatment in an attachment to her EEO complaint); Dixon v. Ashcroft, 392 F.3d 212, 217-218 (6th Cir. 2004) (holding plaintiff had exhausted claim because his attachment to his EEO complaint set forth sufficient factual details); cf. Federal Express Corp. v. Holowecki, 552 U.S. 389, 405-406, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008) (holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act)."
} | 12,275,208 | b |
Our case law and that of our sister circuits have treated attachments to an EEO complaint as part of the complaint itself and a basis for articulating claims. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act",
"sentence": "See Brooks v. District Hosp. Partners, 606 F.3d 800, 808 (D.C. Cir. 2010) (individuals included in a list attached to a complaint were included within the complainant’s reference to similarly situated individuals); accord Asebedo v. Kansas State Univ., 559 Fed.Appx. 668, 672 (10th Cir. 2014) (holding plaintiff exhausted discrimination claim because he had raised it in an attached narrative); Agolli v. Office Depot, Inc., 548 Fed.Appx. 871, 876 (4th Cir. 2013) (holding plaintiff exhausted administrative remedies based on additional sheets attached to EEO complaint); Fantini v. Salem State Coll., 557 F.3d 22, 27 (1st Cir. 2009) (holding plaintiff had exhausted sex discrimination claim because, inter alia, she had identified an instance of disparate treatment in an attachment to her EEO complaint); Dixon v. Ashcroft, 392 F.3d 212, 217-218 (6th Cir. 2004) (holding plaintiff had exhausted claim because his attachment to his EEO complaint set forth sufficient factual details); cf. Federal Express Corp. v. Holowecki, 552 U.S. 389, 405-406, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008) (holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act)."
} | {
"signal": "see",
"identifier": "606 F.3d 800, 808",
"parenthetical": "individuals included in a list attached to a complaint were included within the complainant's reference to similarly situated individuals",
"sentence": "See Brooks v. District Hosp. Partners, 606 F.3d 800, 808 (D.C. Cir. 2010) (individuals included in a list attached to a complaint were included within the complainant’s reference to similarly situated individuals); accord Asebedo v. Kansas State Univ., 559 Fed.Appx. 668, 672 (10th Cir. 2014) (holding plaintiff exhausted discrimination claim because he had raised it in an attached narrative); Agolli v. Office Depot, Inc., 548 Fed.Appx. 871, 876 (4th Cir. 2013) (holding plaintiff exhausted administrative remedies based on additional sheets attached to EEO complaint); Fantini v. Salem State Coll., 557 F.3d 22, 27 (1st Cir. 2009) (holding plaintiff had exhausted sex discrimination claim because, inter alia, she had identified an instance of disparate treatment in an attachment to her EEO complaint); Dixon v. Ashcroft, 392 F.3d 212, 217-218 (6th Cir. 2004) (holding plaintiff had exhausted claim because his attachment to his EEO complaint set forth sufficient factual details); cf. Federal Express Corp. v. Holowecki, 552 U.S. 389, 405-406, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008) (holding that plaintiffs filing with the EEOC constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act)."
} | 12,275,208 | b |
See PL AF Ex. B (entries for 7/22/05, 11/18/05, and 2/20/06). Therefore, although the original FOIA request was not made "in connection with the court proceeding," it is reasonable to conclude that the FOIA-related work after the date of the refund claim was "solely" related to the case filed in this court. | {
"signal": "see",
"identifier": "827 F.2d 735, 744",
"parenthetical": "\"Expenses of an attorney that are not incurred or expended solely or exclusively in connection with the case before the court ... cannot be awarded under the EAJA.\"",
"sentence": "See Oliveira v. United States, 827 F.2d 735, 744 (Fed.Cir.1987) (“Expenses of an attorney that are not incurred or expended solely or exclusively in connection with the case before the court ... cannot be awarded under the EAJA.”); see also Larsen, 39 Fed.Cl. 162, 167 n. 9 (“Although the EAJA and [Section] 7430 differ slightly, the court has held that case law on the EAJA may be instructive in interpreting [Section] 7430, which was promulgated to remedy a gap in the EAJA’s coverage of tax suits.”)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Although the EAJA and [Section] 7430 differ slightly, the court has held that case law on the EAJA may be instructive in interpreting [Section] 7430, which was promulgated to remedy a gap in the EAJA's coverage of tax suits.\"",
"sentence": "See Oliveira v. United States, 827 F.2d 735, 744 (Fed.Cir.1987) (“Expenses of an attorney that are not incurred or expended solely or exclusively in connection with the case before the court ... cannot be awarded under the EAJA.”); see also Larsen, 39 Fed.Cl. 162, 167 n. 9 (“Although the EAJA and [Section] 7430 differ slightly, the court has held that case law on the EAJA may be instructive in interpreting [Section] 7430, which was promulgated to remedy a gap in the EAJA’s coverage of tax suits.”)."
} | 3,325,632 | a |
Officer Bilyard was investigated, and it was found that he did not use excessive force. While Plaintiff asserts the investigation was not conducted as thoroughly as the "secret" investigation against him, such is mere speculation on Plaintiffs part and is not sufficient evidence to survive Defendant's Motion for Summary Judgment. | {
"signal": "see also",
"identifier": "423 F.Supp.2d 550, 556",
"parenthetical": "\"Plaintiff must come forward with admissible evidence that is more than self-serving opinions or speculation.\"",
"sentence": "See Holland, 487 F.3d at 217 (“[A]lthough a reasonable trier of fact would conclude that [the defendant] reported a different reason and date, when combined with the company’s innocuous reasoning for these decisions and [plaintiffs] failure to present any other evidence — beyond baseless speculation — that ... [the] stated reason was pretextual, the trier of fact would be hard-pressed to conclude that this established pretext.”); see also Guseh v. N.C. Cent. Univ., 423 F.Supp.2d 550, 556 (M.D.N.C.2005) (“Plaintiff must come forward with admissible evidence that is more than self-serving opinions or speculation.”); Middlebrooks v. Univ. of Md. at College Park, 980 F.Supp. 824, 831 (D.Md.1997) (“‘Speculation and belief are insufficient to create a fact issue as to pretext .... ’ ” (quoting Baldwin v. Univ. of Tex. Med. Branch at Galveston, 945 F.Supp. 1022, 1032 (S.D.Tex.1996)))."
} | {
"signal": "see",
"identifier": "487 F.3d 217, 217",
"parenthetical": "\"[A]lthough a reasonable trier of fact would conclude that [the defendant] reported a different reason and date, when combined with the company's innocuous reasoning for these decisions and [plaintiffs] failure to present any other evidence -- beyond baseless speculation -- that ... [the] stated reason was pretextual, the trier of fact would be hard-pressed to conclude that this established pretext.\"",
"sentence": "See Holland, 487 F.3d at 217 (“[A]lthough a reasonable trier of fact would conclude that [the defendant] reported a different reason and date, when combined with the company’s innocuous reasoning for these decisions and [plaintiffs] failure to present any other evidence — beyond baseless speculation — that ... [the] stated reason was pretextual, the trier of fact would be hard-pressed to conclude that this established pretext.”); see also Guseh v. N.C. Cent. Univ., 423 F.Supp.2d 550, 556 (M.D.N.C.2005) (“Plaintiff must come forward with admissible evidence that is more than self-serving opinions or speculation.”); Middlebrooks v. Univ. of Md. at College Park, 980 F.Supp. 824, 831 (D.Md.1997) (“‘Speculation and belief are insufficient to create a fact issue as to pretext .... ’ ” (quoting Baldwin v. Univ. of Tex. Med. Branch at Galveston, 945 F.Supp. 1022, 1032 (S.D.Tex.1996)))."
} | 5,565,605 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": "502 U.S. 389, 389",
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see also",
"identifier": "478 U.S. 501, 525",
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | a |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see",
"identifier": "502 U.S. 389, 389",
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": "502 U.S. 389, 389",
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | a |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see also",
"identifier": "478 U.S. 501, 525",
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | a |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"But we have no doubt that, to 'save themselves the time, expense, and inevitable risk of litigation,' [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | a |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": "540 U.S. 437, 437-38",
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see also",
"identifier": "478 U.S. 501, 525",
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | a |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see",
"identifier": "540 U.S. 437, 437-38",
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see",
"identifier": "540 U.S. 437, 437-38",
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": "478 U.S. 501, 525",
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | b |
Significantly for purposes of the present case, Rufo and Frew establish that a consent decree may appropriately go beyond the bare bones of what a court could order without the local government's consent. | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting argument that consent decree violates the Eleventh Amendment on the ground that \"state officials [may agree] to bind state governments to significantly more commitments than what federal law requires\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "consent decree may properly \"providef] broader relief than the court could have awarded after a trial\"",
"sentence": "See Rufo, 502 U.S. at 389, 112 S.Ct. 748 (“But we have no doubt that, to ‘save themselves the time, expense, and inevitable risk of litigation,’ [the defendants] could settle the dispute over the proper remedy for the constitutional violations that had been found by undertaking to do more than the Constitution itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also more than what a court would have ordered absent the settlement.” (citation omitted)); Frew, 540 U.S. at 437-38, 124 S.Ct. 899 (rejecting argument that consent decree violates the Eleventh Amendment on the ground that “state officials [may agree] to bind state governments to significantly more commitments than what federal law requires”); see also Local No. 93, Int’l Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 525, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986) (consent decree may properly “providef] broader relief than the court could have awarded after a trial”). Indeed, that is one reason why consent decrees are a valuable tool for resolving such cases."
} | 3,935,696 | a |
Nonetheless, the treaty reservations say nothing about whether a particular "period of confinement" is "constitutional." And this Court has long considered as relevant and informative the way in which foreign courts have applied standards roughly comparable to our own constitutional standards in roughly comparable circumstances. In doing so, the Court has found particularly instructive opinions of former Commonwealth nations insofar as those opinions reflect a legal tradition that also underlies our own Eighth Amendment. | {
"signal": "see also",
"identifier": "103 U. S. 168, 183-189",
"parenthetical": "referring to the practices of Parliament in determining whether the House of Representatives has the power to hold a witness in contempt",
"sentence": "See also Washington v. Glucksberg, 521 U. S. 702, 710, n. 8, and 718-719, n. 16 (1997) (surveying other nations' laws regarding assisted suicide); Culombe v. Connecticut, 367 U. S. 568, 583-584, n. 25, and 588 (1961) (considering English practice concerning police interrogation of suspects); Kilbourn v. Thompson, 103 U. S. 168, 183-189 (1881) (referring to the practices of Parliament in determining whether the House of Representatives has the power to hold a witness in contempt). Willingness to consider foreign judicial views in comparable cases is not surprising in a Nation that from its birth has given a “decent respect to the opinions of mankind.”"
} | {
"signal": "no signal",
"identifier": "458 U. S. 782, 796-797, n. 22",
"parenthetical": "noting that the doctrine of felony murder has been eliminated or restricted in England, India, Canada, and a \"number of other Commonwealth countries\"",
"sentence": "Thompson v. Oklahoma, supra, at 830-831 (opinion of Stevens, J.) (considering practices of Anglo-American nations regarding executing juveniles); Enmund v. Florida, 458 U. S. 782, 796-797, n. 22 (1982) (noting that the doctrine of felony murder has been eliminated or restricted in England, India, Canada, and a “number of other Commonwealth countries”); Coker v. Georgia, 433 U. S. 584, 596, n. 10 (1977) (observing that only 3 of 60 nations surveyed in 1965 retained the death penalty for rape); Trop v. Dulles, 356 U. S. 86, 102-103 (1958) (noting that only 2 of 84 countries surveyed imposed denationalization as a penalty for desertion)."
} | 9,584,962 | b |
Nonetheless, the treaty reservations say nothing about whether a particular "period of confinement" is "constitutional." And this Court has long considered as relevant and informative the way in which foreign courts have applied standards roughly comparable to our own constitutional standards in roughly comparable circumstances. In doing so, the Court has found particularly instructive opinions of former Commonwealth nations insofar as those opinions reflect a legal tradition that also underlies our own Eighth Amendment. | {
"signal": "see also",
"identifier": "103 U. S. 168, 183-189",
"parenthetical": "referring to the practices of Parliament in determining whether the House of Representatives has the power to hold a witness in contempt",
"sentence": "See also Washington v. Glucksberg, 521 U. S. 702, 710, n. 8, and 718-719, n. 16 (1997) (surveying other nations' laws regarding assisted suicide); Culombe v. Connecticut, 367 U. S. 568, 583-584, n. 25, and 588 (1961) (considering English practice concerning police interrogation of suspects); Kilbourn v. Thompson, 103 U. S. 168, 183-189 (1881) (referring to the practices of Parliament in determining whether the House of Representatives has the power to hold a witness in contempt). Willingness to consider foreign judicial views in comparable cases is not surprising in a Nation that from its birth has given a “decent respect to the opinions of mankind.”"
} | {
"signal": "no signal",
"identifier": "433 U. S. 584, 596, n. 10",
"parenthetical": "observing that only 3 of 60 nations surveyed in 1965 retained the death penalty for rape",
"sentence": "Thompson v. Oklahoma, supra, at 830-831 (opinion of Stevens, J.) (considering practices of Anglo-American nations regarding executing juveniles); Enmund v. Florida, 458 U. S. 782, 796-797, n. 22 (1982) (noting that the doctrine of felony murder has been eliminated or restricted in England, India, Canada, and a “number of other Commonwealth countries”); Coker v. Georgia, 433 U. S. 584, 596, n. 10 (1977) (observing that only 3 of 60 nations surveyed in 1965 retained the death penalty for rape); Trop v. Dulles, 356 U. S. 86, 102-103 (1958) (noting that only 2 of 84 countries surveyed imposed denationalization as a penalty for desertion)."
} | 9,584,962 | b |
Nonetheless, the treaty reservations say nothing about whether a particular "period of confinement" is "constitutional." And this Court has long considered as relevant and informative the way in which foreign courts have applied standards roughly comparable to our own constitutional standards in roughly comparable circumstances. In doing so, the Court has found particularly instructive opinions of former Commonwealth nations insofar as those opinions reflect a legal tradition that also underlies our own Eighth Amendment. | {
"signal": "no signal",
"identifier": "356 U. S. 86, 102-103",
"parenthetical": "noting that only 2 of 84 countries surveyed imposed denationalization as a penalty for desertion",
"sentence": "Thompson v. Oklahoma, supra, at 830-831 (opinion of Stevens, J.) (considering practices of Anglo-American nations regarding executing juveniles); Enmund v. Florida, 458 U. S. 782, 796-797, n. 22 (1982) (noting that the doctrine of felony murder has been eliminated or restricted in England, India, Canada, and a “number of other Commonwealth countries”); Coker v. Georgia, 433 U. S. 584, 596, n. 10 (1977) (observing that only 3 of 60 nations surveyed in 1965 retained the death penalty for rape); Trop v. Dulles, 356 U. S. 86, 102-103 (1958) (noting that only 2 of 84 countries surveyed imposed denationalization as a penalty for desertion)."
} | {
"signal": "see also",
"identifier": "103 U. S. 168, 183-189",
"parenthetical": "referring to the practices of Parliament in determining whether the House of Representatives has the power to hold a witness in contempt",
"sentence": "See also Washington v. Glucksberg, 521 U. S. 702, 710, n. 8, and 718-719, n. 16 (1997) (surveying other nations' laws regarding assisted suicide); Culombe v. Connecticut, 367 U. S. 568, 583-584, n. 25, and 588 (1961) (considering English practice concerning police interrogation of suspects); Kilbourn v. Thompson, 103 U. S. 168, 183-189 (1881) (referring to the practices of Parliament in determining whether the House of Representatives has the power to hold a witness in contempt). Willingness to consider foreign judicial views in comparable cases is not surprising in a Nation that from its birth has given a “decent respect to the opinions of mankind.”"
} | 9,584,962 | a |
The district court could not have reduced Barrera's criminal history score simply to make him eligible for safety-valve relief. Other circuits have reached the same conclusion. | {
"signal": "see also",
"identifier": "425 F.3d 157, 157",
"parenthetical": "holding that the \"district court was plainly correct when it decided that it did not have the discretion to award [appellant] only one point under the Guidelines once it had determined, by the process provided by the Guidelines, that [appellant] had two such points\"",
"sentence": "See United States v. Hunt, 503 F.3d 34, 37 (1 st Cir.2007) (holding that the plain language of the Guidelines precludes appellant from receiving the benefit of the safety valve regardless of whether the district court wanted to grant a downward departure because appellant had two criminal history points); see also Barrero, 425 F.3d at 157 (holding that the “district court was plainly correct when it decided that it did not have the discretion to award [appellant] only one point under the Guidelines once it had determined, by the process provided by the Guidelines, that [appellant] had two such points”)."
} | {
"signal": "see",
"identifier": "503 F.3d 34, 37",
"parenthetical": "holding that the plain language of the Guidelines precludes appellant from receiving the benefit of the safety valve regardless of whether the district court wanted to grant a downward departure because appellant had two criminal history points",
"sentence": "See United States v. Hunt, 503 F.3d 34, 37 (1 st Cir.2007) (holding that the plain language of the Guidelines precludes appellant from receiving the benefit of the safety valve regardless of whether the district court wanted to grant a downward departure because appellant had two criminal history points); see also Barrero, 425 F.3d at 157 (holding that the “district court was plainly correct when it decided that it did not have the discretion to award [appellant] only one point under the Guidelines once it had determined, by the process provided by the Guidelines, that [appellant] had two such points”)."
} | 5,894,462 | b |
The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the information comprising the contents of the report." | {
"signal": "cf.",
"identifier": "847 F.Supp. 1086, 1095",
"parenthetical": "regarding \"state of the art\" defense: \"Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.\"",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996)."
} | {
"signal": "see",
"identifier": "765 F.2d 456, 465",
"parenthetical": "minutes of committee meetings of Asbestos Textile Institute admissible to show \"state of the art,\" absent showing that defendant either was a member of the institute or had knowledge of its meetings",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996)."
} | 11,686,401 | b |
The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the information comprising the contents of the report." | {
"signal": "cf.",
"identifier": null,
"parenthetical": "regarding \"state of the art\" defense: \"Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.\"",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996)."
} | {
"signal": "see",
"identifier": "765 F.2d 456, 465",
"parenthetical": "minutes of committee meetings of Asbestos Textile Institute admissible to show \"state of the art,\" absent showing that defendant either was a member of the institute or had knowledge of its meetings",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996)."
} | 11,686,401 | b |
The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the information comprising the contents of the report." | {
"signal": "see",
"identifier": "765 F.2d 456, 465",
"parenthetical": "minutes of committee meetings of Asbestos Textile Institute admissible to show \"state of the art,\" absent showing that defendant either was a member of the institute or had knowledge of its meetings",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996)."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "regarding \"state of the art\" defense: \"Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.\"",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996)."
} | 11,686,401 | a |
The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the information comprising the contents of the report." | {
"signal": "cf.",
"identifier": null,
"parenthetical": "regarding \"state of the art\" defense: \"Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.\"",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996)."
} | {
"signal": "see",
"identifier": "765 F.2d 456, 465",
"parenthetical": "minutes of committee meetings of Asbestos Textile Institute admissible to show \"state of the art,\" absent showing that defendant either was a member of the institute or had knowledge of its meetings",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996)."
} | 11,686,401 | b |
The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the information comprising the contents of the report." | {
"signal": "cf.",
"identifier": null,
"parenthetical": "regarding \"state of the art\" defense: \"Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.\"",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996)."
} | {
"signal": "see",
"identifier": "765 F.2d 456, 465",
"parenthetical": "minutes of committee meetings of Asbestos Textile Institute admissible to show \"state of the art,\" absent showing that defendant either was a member of the institute or had knowledge of its meetings",
"sentence": "See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996)."
} | 11,686,401 | b |
With regard to nonaction, "the general rule [is] that when a civil statute is silent as to the applicable standard of proof, the preponderance of the evidence standard governs factual determinations required by that statute." This rule applies equally to statutes that provide for multiple damages. | {
"signal": "see",
"identifier": null,
"parenthetical": "applying preponderance of evidence standard to claim for statutory punitive damages under General Statutes SSSS 47a-43 and 47a-46 and stating that \"[a]bsent evidence of legislative intent to the contrary, we continue to presume that when a statutory private right of action includes multiple damages, the plaintiffs burden of proof is the same as that in other tort cases\"",
"sentence": "See Freeman v. Alamo Management Co., supra, 221 Conn. 683 (applying preponderance of evidence standard to claim for statutory punitive damages under General Statutes §§ 47a-43 and 47a-46 and stating that “[a]bsent evidence of legislative intent to the contrary, we continue to presume that when a statutory private right of action includes multiple damages, the plaintiffs burden of proof is the same as that in other tort cases”); see also Nielsen v. Wisniewski, 32 Conn. App. 133, 137-38, 628 A.2d 25 (1993) (applying preponderance of evidence standard to claim for punitive damages under Connecticut Unfair Trade Practices Act pursuant to General Statutes § 42-110g). Accordingly, when the legislature has intended to impose a different standard of proof in a civil statute, it has seen fit to include explicit language in the statute to effectuate that intent."
} | {
"signal": "see also",
"identifier": "32 Conn. App. 133, 137-38",
"parenthetical": "applying preponderance of evidence standard to claim for punitive damages under Connecticut Unfair Trade Practices Act pursuant to General Statutes SS 42-110g",
"sentence": "See Freeman v. Alamo Management Co., supra, 221 Conn. 683 (applying preponderance of evidence standard to claim for statutory punitive damages under General Statutes §§ 47a-43 and 47a-46 and stating that “[a]bsent evidence of legislative intent to the contrary, we continue to presume that when a statutory private right of action includes multiple damages, the plaintiffs burden of proof is the same as that in other tort cases”); see also Nielsen v. Wisniewski, 32 Conn. App. 133, 137-38, 628 A.2d 25 (1993) (applying preponderance of evidence standard to claim for punitive damages under Connecticut Unfair Trade Practices Act pursuant to General Statutes § 42-110g). Accordingly, when the legislature has intended to impose a different standard of proof in a civil statute, it has seen fit to include explicit language in the statute to effectuate that intent."
} | 4,088,355 | a |
With regard to nonaction, "the general rule [is] that when a civil statute is silent as to the applicable standard of proof, the preponderance of the evidence standard governs factual determinations required by that statute." This rule applies equally to statutes that provide for multiple damages. | {
"signal": "see",
"identifier": null,
"parenthetical": "applying preponderance of evidence standard to claim for statutory punitive damages under General Statutes SSSS 47a-43 and 47a-46 and stating that \"[a]bsent evidence of legislative intent to the contrary, we continue to presume that when a statutory private right of action includes multiple damages, the plaintiffs burden of proof is the same as that in other tort cases\"",
"sentence": "See Freeman v. Alamo Management Co., supra, 221 Conn. 683 (applying preponderance of evidence standard to claim for statutory punitive damages under General Statutes §§ 47a-43 and 47a-46 and stating that “[a]bsent evidence of legislative intent to the contrary, we continue to presume that when a statutory private right of action includes multiple damages, the plaintiffs burden of proof is the same as that in other tort cases”); see also Nielsen v. Wisniewski, 32 Conn. App. 133, 137-38, 628 A.2d 25 (1993) (applying preponderance of evidence standard to claim for punitive damages under Connecticut Unfair Trade Practices Act pursuant to General Statutes § 42-110g). Accordingly, when the legislature has intended to impose a different standard of proof in a civil statute, it has seen fit to include explicit language in the statute to effectuate that intent."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "applying preponderance of evidence standard to claim for punitive damages under Connecticut Unfair Trade Practices Act pursuant to General Statutes SS 42-110g",
"sentence": "See Freeman v. Alamo Management Co., supra, 221 Conn. 683 (applying preponderance of evidence standard to claim for statutory punitive damages under General Statutes §§ 47a-43 and 47a-46 and stating that “[a]bsent evidence of legislative intent to the contrary, we continue to presume that when a statutory private right of action includes multiple damages, the plaintiffs burden of proof is the same as that in other tort cases”); see also Nielsen v. Wisniewski, 32 Conn. App. 133, 137-38, 628 A.2d 25 (1993) (applying preponderance of evidence standard to claim for punitive damages under Connecticut Unfair Trade Practices Act pursuant to General Statutes § 42-110g). Accordingly, when the legislature has intended to impose a different standard of proof in a civil statute, it has seen fit to include explicit language in the statute to effectuate that intent."
} | 4,088,355 | a |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exclusion would create a strong incentive for companies to prevent their directors and officers from providing information to securities fraud plaintiffs in order to avoid the loss of insurance coverage. "Agreements to suppress evidence have been held void as against public policy." | {
"signal": "no signal",
"identifier": "21 Cal.3d 829, 836",
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | 9,064,046 | a |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exclusion would create a strong incentive for companies to prevent their directors and officers from providing information to securities fraud plaintiffs in order to avoid the loss of insurance coverage. "Agreements to suppress evidence have been held void as against public policy." | {
"signal": "no signal",
"identifier": "21 Cal.3d 829, 836",
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | 9,064,046 | a |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exclusion would create a strong incentive for companies to prevent their directors and officers from providing information to securities fraud plaintiffs in order to avoid the loss of insurance coverage. "Agreements to suppress evidence have been held void as against public policy." | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | 9,064,046 | b |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exclusion would create a strong incentive for companies to prevent their directors and officers from providing information to securities fraud plaintiffs in order to avoid the loss of insurance coverage. "Agreements to suppress evidence have been held void as against public policy." | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | 9,064,046 | b |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exclusion would create a strong incentive for companies to prevent their directors and officers from providing information to securities fraud plaintiffs in order to avoid the loss of insurance coverage. "Agreements to suppress evidence have been held void as against public policy." | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | 9,064,046 | b |
The unreasonableness of Gulfs interpretation of the exclusion is further demonstrated by the fact that, if the Court were to adopt Gulfs interpretation, the exclusion would tread dangerously close to violating the public policy of the State of California. As Gulf admitted at oral argument, its interpretation of the exclusion would create a strong incentive for companies to prevent their directors and officers from providing information to securities fraud plaintiffs in order to avoid the loss of insurance coverage. "Agreements to suppress evidence have been held void as against public policy." | {
"signal": "no signal",
"identifier": null,
"parenthetical": "allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products",
"sentence": "Williamson v. Super. Ct., 21 Cal.3d 829, 836, 148 Cal.Rptr. 39, 582 P.2d 126 (1978) (allowing plaintiff to discover an expert report even though the defendant who employed the expert subsequently withdrew him as a witness, because that withdrawal was based on a promise of indemnification from the co-defendant regarding whom the expert report was unfavorable); see also Smith v. Super. Ct., 41 Cal.App.4th 1014, 49 Cal.Rptr.2d 20 (1996) (refusing to enforce a permanent injunction entered by a court in another State in which a former employee promised not to testify against his former employer in any proceeding involving allegedly defective products)."
} | 9,064,046 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lease) expires by its own terms during the postpetition, pre-assumption/rejection period, the trustee will have nothing to assume or reject."). Scattered is certainly correct in contending that the susceptibility of a claim (or argument) to sanctions under Bankruptcy Rule 9011 or Federal Rule of Civil Procedure 11 does not necessarily require resolution of the merits of the underlying claim. | {
"signal": "see",
"identifier": "496 U.S. 384, 396",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | 3,581,355 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lease) expires by its own terms during the postpetition, pre-assumption/rejection period, the trustee will have nothing to assume or reject."). Scattered is certainly correct in contending that the susceptibility of a claim (or argument) to sanctions under Bankruptcy Rule 9011 or Federal Rule of Civil Procedure 11 does not necessarily require resolution of the merits of the underlying claim. | {
"signal": "see",
"identifier": "496 U.S. 384, 396",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | 3,581,355 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lease) expires by its own terms during the postpetition, pre-assumption/rejection period, the trustee will have nothing to assume or reject."). Scattered is certainly correct in contending that the susceptibility of a claim (or argument) to sanctions under Bankruptcy Rule 9011 or Federal Rule of Civil Procedure 11 does not necessarily require resolution of the merits of the underlying claim. | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | {
"signal": "see",
"identifier": "496 U.S. 384, 396",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | 3,581,355 | b |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lease) expires by its own terms during the postpetition, pre-assumption/rejection period, the trustee will have nothing to assume or reject."). Scattered is certainly correct in contending that the susceptibility of a claim (or argument) to sanctions under Bankruptcy Rule 9011 or Federal Rule of Civil Procedure 11 does not necessarily require resolution of the merits of the underlying claim. | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | {
"signal": "see",
"identifier": "110 S.Ct. 2447, 2456",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | 3,581,355 | b |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lease) expires by its own terms during the postpetition, pre-assumption/rejection period, the trustee will have nothing to assume or reject."). Scattered is certainly correct in contending that the susceptibility of a claim (or argument) to sanctions under Bankruptcy Rule 9011 or Federal Rule of Civil Procedure 11 does not necessarily require resolution of the merits of the underlying claim. | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | {
"signal": "see",
"identifier": "110 S.Ct. 2447, 2456",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | 3,581,355 | b |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lease) expires by its own terms during the postpetition, pre-assumption/rejection period, the trustee will have nothing to assume or reject."). Scattered is certainly correct in contending that the susceptibility of a claim (or argument) to sanctions under Bankruptcy Rule 9011 or Federal Rule of Civil Procedure 11 does not necessarily require resolution of the merits of the underlying claim. | {
"signal": "see",
"identifier": "110 S.Ct. 2447, 2456",
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | 3,581,355 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lease) expires by its own terms during the postpetition, pre-assumption/rejection period, the trustee will have nothing to assume or reject."). Scattered is certainly correct in contending that the susceptibility of a claim (or argument) to sanctions under Bankruptcy Rule 9011 or Federal Rule of Civil Procedure 11 does not necessarily require resolution of the merits of the underlying claim. | {
"signal": "see",
"identifier": null,
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | 3,581,355 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lease) expires by its own terms during the postpetition, pre-assumption/rejection period, the trustee will have nothing to assume or reject."). Scattered is certainly correct in contending that the susceptibility of a claim (or argument) to sanctions under Bankruptcy Rule 9011 or Federal Rule of Civil Procedure 11 does not necessarily require resolution of the merits of the underlying claim. | {
"signal": "see",
"identifier": null,
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | 3,581,355 | a |
Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lease) expires by its own terms during the postpetition, pre-assumption/rejection period, the trustee will have nothing to assume or reject."). Scattered is certainly correct in contending that the susceptibility of a claim (or argument) to sanctions under Bankruptcy Rule 9011 or Federal Rule of Civil Procedure 11 does not necessarily require resolution of the merits of the underlying claim. | {
"signal": "see also",
"identifier": null,
"parenthetical": "court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "order imposing Rule 11 sanctions \"does not signify a district court's assessment of the legal merits of the complaint\"",
"sentence": "See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case)."
} | 3,581,355 | b |
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