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Read the following excerpt from a US court opinion:
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was acting to obtain a benefit on behalf of a charitable ... organization.” U.S.S.G. § 2B1.1 cmt. 8(B). As the district court saw it and as the government sees it, Webster deserves the enhancement. He pretended to “act[ ] on behalf of a charitable ... organization... | D | casehold |
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a number of integers must be factored into the calculus— e.g., the nature of the information, the nature and characteristics of the supposed criminal activity, the nature and characteristics of the place to be searched, the nature of the items delineated in the wa... | A | casehold |
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Co., 947 S.W.2d 908, 913-14 (Tex.App.-Dallas 1997, pet. denied), ovemiled on other grounds by Apex Towing Co. v. Tolin, 41 S.W.3d 118, 122-23 (Tex.2001), which held that, when policy gives absolute right to settle third-party claims, courts are not permitted to “e... | E | casehold |
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as a party from this litigation in the attached order. 7 . In the release, Smirman also took responsibility for the delay in the payment of the proceeds. After receiving the release, MetLife sent Smirman his account checkbook. 8 . As support for Plaintiff’s Brief ... | B | casehold |
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because senior managers assign employees major responsibilities, performance standards, and CSFs at their discretion (id. at 15-17, 19). However, Dr. Banks concedes that evaluations and CSFs are not applied consistently between regions or between supervisors in th... | A | casehold |
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38 S.Ct. 254, 257, 62 L.Ed. 664 (1918). On appeal, the Fifth Circuit interpreted the phrase “arising under the instrument” in the declaratory judgment act to mean that the Texas courts could declare invalid only particular provisions of a will that has already bee... | B | casehold |
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GDHI took simultaneous title to both the Boat and its storage location— i.e., the Real Property. The parties therefore simply implied that delivery could occur at the same time as the execution of the Dation. Any additional physical delivery of the Boat was not ne... | E | casehold |
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with cases cited by plaintiffs finding that, in light of the California legislature’s decision to create statutory damages for each violation of CIPA, no separate showing of injury aside from a violation of the privacy rights protected'by CIPA is required. See, e.... | E | casehold |
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involving the bribe, Muhammad maintains that the Government failed to prove that he acted with the specific intent to commit the offense and that it failed to demonstrate that he took a “substantial step” towards completing the crime. The federal bribery statute f... | B | casehold |
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Rochester Folding Box Co., 171 N.Y. 538, 64 N.E. 442 (1902). As such, it is well-established that generally a tort plaintiff is not required to proceed against all joint tortfeasors but may proceed against one, some or all of them. See Bassett v. Mashantucket Pequ... | A | casehold |
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Naturalization Act (“INA”), as amended by IIRIRA. Gonzalez-Oropeza v. United States Attorney Gen., 321 F.3d 1331, 1332 (11th Cir.2003). Petitioner contends that the IJ erred in finding that he was provided proper notice of his removal proceedings because the notic... | B | casehold |
Read the following excerpt from a US court opinion:
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and waived, as indicated by his initials, reads, “I expressly do not desire to consult with either a civilian lawyer retained by me or a military lawyer appointed as my counsel without cost to me prior to questioning.” Appellant also acknowledged waiver of these r... | B | casehold |
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63 L.Ed.2d 427 (1980), cited in Envtl. Protection Info. Ctr., Inc. v. Pac. Lumber Co., 257 F.3d 1071, 1075 (9th Cir.2001). An exception to this general rule permits the prevailing party to cross-appeal from a summary judgment if “the [collateral] adverse ruling ca... | B | casehold |
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proceedings under state statutes prohibiting sexual, racial, religious or similar discriminatory employment practices are preempted. Most of the pertinent state court decisions are in accord with the conclusion in Vaughn that the NLRA does not preempt proceedings ... | A | casehold |
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for unlawfully possessing a firearm, an explosive, and materials for creating fraudulent identifications. Pauckert contends that his sentence was procedurally and substantively unreasonable. We have jurisdiction under 28 U.S.C. § 1291. We vacate the sentence and r... | D | casehold |
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as a waiver of the Eleventh Amendment’s protection. Kennecott Copper Corp. v. State Tax Comm’n, 327 U.S. 573, 577, 66 S.Ct. 745, 747, 90 L.Ed. 862 (1946); Hutto v. Finney, 437 U.S. 678, 693, 98 S.Ct. 2565, 2574-75, 57 L.Ed.2d 522 (1978) (citing Fitzpatrick v. Bitz... | C | casehold |
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of Dodd-Frank delayed the effective date of Title XIV of the Act. Dodd-Frank, Pub. Law No. 111-203, § 1400(c); 124 Stat. 1376, 2136. Thus, the Dodd-Frank changes and resulting regulations are not relevant to this case. 6 . As discussed above, Dodd-Frank made chang... | E | casehold |
Read the following excerpt from a US court opinion:
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CIT Group/Factoring Mfr. Hanover, Inc. v. Srour (In re Srour), 138 B.R. 413 (Bankr.S.D.N.Y.1992)). Moreover, the debtor must have more than a mere derivative interest in the property in question because the term “property of the debtor,” as expressed in 11 U.S.C. ... | D | casehold |
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(sanctions imposed upon revocation are to be “served consecutively to any other term of imprisonment imposed for any criminal conduct that is the basis of the revocation”); U.S.S.G. § 5G1.3(e) (p.s.) (recognizing that a sentence for an instant offense should “run ... | C | casehold |
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jet airplanes, and from the period of steam and gas powered energy to that of atom propulsion, we should keep pace with the times and apply new and modern principles, better suited for our changed and changing world. We answer the argument by pointing out that we ... | E | casehold |
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Tanner v. United States, 483 U.S. 107, 107 S.Ct. 2739, 2752, 97 L.Ed.2d 90 (1987). Since the Court could not dismiss Count I on the grounds that the government had failed to allege means necessary to state a violation of § 371 there are no grounds to dismiss becau... | E | casehold |
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explicit requirements — the “necessity ... of private enforcement” of the public interest. Awarding attorney fees for litigation when those rights could have been vindicated by reasonable efforts short of litigation does not advance that objective and encourages l... | B | casehold |
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those seven products of the snap action claims. First, we note that proof of infringement by collateral estoppel is only appropriate in limited circumstances, where it is shown that a close identity exists between the relevant features of the accused device and th... | C | casehold |
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complained of on appeal pursuant to Pa.R.A.P. 1925(b). 5 . We note the trial court found it significant that the jury’s verdict did not include any award for past medical expenses. Seiwell argues that the jury verdict’s failure to specify an award for past medical... | B | casehold |
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individual litigation.” Id. To ensure that (b)(2) classes are cohesive in nature, the Third Circuit has explicitly “committed to the district court the discretion to deny certification in Rule 23(b)(2) cases in the presence of ‘disparate factual circumstances.’ ” ... | D | casehold |
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to demonstrate that she is a resident of Alabama. One must be a resident of Alabama in order to serve as an administrator of an estate here; § 43-2-22, Ala.Code 1975, provides, in part: “(a) No person must be deemed a fit person to serve as executor who is under t... | E | casehold |
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the results of the investigation conducted by the Conference, into the factual findings that formed the basis for .the resolution, and into the Conference’s decision to remove [the pastor and his son] from [the church]. ... For these reasons, the trial court did n... | C | casehold |
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excepted from discharge any debts "created by ... fraud, embezzlement, misappropriation, or defalcation while acting as an officer, or in any fiduciary capacity.” Ch. 541, § 17, 30 Stat. 544, 550-51 (repealed 1978). 3 . See also In re Barton, 465 F.Supp. 918, 923 ... | C | casehold |
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a final judgment that U.S. D.I.D. is liable on the injunction bond (absent future proceedings between the parties), the Court will and hereby does grant Plaintiffs request and stays any release of funds for fourteen days. Accordingly, on January 22, 2013, the Cler... | B | casehold |
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See Arkansas Supreme Court Rule l-2(a)(6). The Commission’s Rule of Procedure 12 addresses the procedure by which the Arkansas Supreme Court reviews Commission decisions. Specifically, Rule 12(F) provides that “The Supreme Court may bring up for review any action ... | B | casehold |
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benefit. Hartbarger argues that nothing he did is encompassed by any of the categories in that list. We see no reason why the list should be deemed inclusive of all reasons for which an employee might be disciplined or terminated, or indeed, why the list should pr... | C | casehold |
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in a limited fashion); Takacs v. Engle, 768 F.2d 122, 124 (6th Cir.1985) (“Coleman’s harmless error analysis remains good law”). Because we cannot conclude that the denial of counsel at the preliminary hearing necessarily undermined the entire criminal proceeding,... | B | casehold |
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the parties, the plain, clear meaning of its terms must be given effect, and ‘the parties must be legally presumed to have intended what is plainly and clearly set out.’ Camp v. Milam, 201 Ala. 12, 16, 277 So.2d 95, 98 (1973). Accord, Financial Investment Corp. v.... | A | casehold |
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a prisoner must surmount on 7 (4th Cir.), cert. denied,-U.S.-, 124 S.Ct. 496, 157 L.Ed.2d 395 (2003) ("We emphasize that we do not require that all Rule 60(b) motions be treated as successive applications; instead, the proper treatment of the motion depends on the... | A | casehold |
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preempted and could not be removed from state court); Shafii 83 F.3d at 568-70 (similar). Second, Hernandez also alleges that Conriv promised that if he left the union, he “would continue to receive all of the benefits that he had been receiving as a union member,... | B | casehold |
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actions are not discretionary and even define what a ministerial action is, the key to whether official immunity is applicable is whether the defendant has proven that they are a public employee and that the allegedly tortious acts were discretionary. 5 . The Plai... | C | casehold |
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imprisonment, below the 24-month sentence recommended by Probation. II Federal Rule of Criminal Procedure 11 prohibits “[t]he court” from participating in plea discussions. Fed.R.Crim.P. 11(c)(1). The Federal Rules broadly define “[c]ourt” to “mean[ ] a federal ju... | A | casehold |
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Id. We found that the child’s credibility “became increasingly unimpeachable as each adult added his or her personal eloquence, maturity, emotion, and professionalism to [the child’s] out-of-court statements,” so that the “presumption of innocence was overcome lon... | E | casehold |
Read the following excerpt from a US court opinion:
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Washington state prisoner Craig F. Weighall appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo... | D | casehold |
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failed to request a jury shuffle thereafter, the court of criminal appeals reversed, holding appellant had waived any “claim that his shuffle improperly included persons who did not ultimately sit on the jury panel.” Sanders v. State, 942 S.W.2d 3, 5 (Tex.Crim.App... | E | casehold |
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the possibility that the appointed attorney may appear in court before the judge who appointed him.” Id. at 677 n. 14, 108 S.Ct. 2597. This history is directly relevant to our analysis. In context, the appointment of defense counsel for indigent criminal defendant... | B | casehold |
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courts have uniformly held that state agencies are not “persons” for purposes of § 1983. See Cronen v. Texas Dep’t of Human Serv., 977 F.2d 934, 936 (5th Cir.1992); Kroll v. Board of Trustees, 934 F.2d 904, 910 n.. 7 (7th Cir.), cert. denied, — U.S. -, 112 S.Ct. 3... | C | casehold |
Read the following excerpt from a US court opinion:
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Litig., 503 F.Supp.2d 666, 678 (S.D.N.Y.2007) ("In each of the cases in which the Second Circuit has employed a materialization of the risk analysis, it has considered a particular risk that was allegedly concealed by the defendant’s actions and which then materia... | D | casehold |
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Hamlet, 312 N.C. 162, 175, 321 S.E.2d 837, 846 (1984). A third type exists where “the killing demonstrates an unusual depravity of mind on the part of the defen t the murder was conscienceless and pitiless, leaving the victim in his last moments aware of but helpl... | C | casehold |
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893.80(4), which limits immunity to "acts done in the exercise of legislative, quasi-legislative, judicial or quasi-judicial functions." Beginning with the injury that Showers has alleged, we note that Showers' allegations are different in kind from the allegation... | D | casehold |
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to the drug taxing and trafficking conspiracies charged in counts three and four. Even if Appellants had raised an accurate multiple conspiracies challenge to count two, it would be unavailing. The several conspiracies that were predicate acts for the substantive ... | C | casehold |
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contentions by Kimler both ignore and misconstrue the evidence in this case. As set out above, there was sufficient direct evidence, even in the abbreviated record before us, that, using his computer, Kimler received and transmitted proscribed images over the inte... | B | casehold |
Read the following excerpt from a US court opinion:
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to be read his Miranda rights before the school police questioned him and, given their failure to do so, we find that Appellant’s Fifth Amendment privilege against self incrimination was violated. Accordingly, the Superior Court’s order is reversed and the matter ... | C | casehold |
Read the following excerpt from a US court opinion:
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“imputed income from the distribution is a relevant factor if the parent chooses to deal with the distribution other than as an investment vehicle.” Id. (citing Croak, supra note 4, 856 N.E.2d at 906). “The trial court retains that discretion in part because ‘[a] ... | B | casehold |
Read the following excerpt from a US court opinion:
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transfers by assignment made to May after the Amendment, including the assignment of income to Berghini Consulting, were ignored by the Bankruptcy Court. A reading of the Bankruptcy Court’s final judgment indicates that the United States’ allegation is well founde... | B | casehold |
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of treatment. It only requires that the distinction have some relevance to the purpose for which the classification is made, and that the different treatments be not so disparate as to be wholly arbitrary.” State v. Andersen, 208 So.2d 814, 820 (Fla.1968). “Where ... | E | casehold |
Read the following excerpt from a US court opinion:
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to limit the jurisdiction of this court or the Commission to inquire into wrongful judicial conduct. In re Fadeley, supra, 310 Or at 558. 8 In context, the term “should” is used in the canon in order to allow for the fact that Canon 3D provides for certain cases i... | B | casehold |
Read the following excerpt from a US court opinion:
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which applied the ordinance — not any state-court judgment. Similarly, in Count II, Plaintiff alleges that “[t]he City” may not deprive Get Back Up due process of law under the Fourteenth Amendment. (Compl. II56.) Therefore, neither count stems from any judgment o... | A | casehold |
Read the following excerpt from a US court opinion:
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for his conclusion that Mrs. Kyle developed blood clots and pulmonary emboli that were the cause of her respiratory arrest as a result of failure [t]o provide appropriate post operative drugs. Because Hillery objected only on the grounds that the report was conclu... | D | casehold |
Read the following excerpt from a US court opinion:
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it may award full attorney’s fees; we will set such an award aside only if it is “manifestly unreasonable and amounts to a clear abuse of discretion.” Given Mr. Song’s failure to argue this issue, we find no reason to disturb the award of full fees to Ms. Song for... | D | casehold |
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defend, despite controlling authority that the duty to defend is determined by allegations of the underlying complaint, because further factual development was warranted to determine whether damage, as alleged in the complaint, occurred while the premises were bei... | C | casehold |
Read the following excerpt from a US court opinion:
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While the additional facts added to the evidence are relevant to an analysis of Colvin's credibility, "the very persuasive pieces of physical corroboration" cited by Judge Andrews still remain. Based on our analysis of the evidence presented to Judge Andrews and t... | B | casehold |
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criminal convictions and, thus, support the conclusion that the prosecution of the resisting arrest charge ended in plaintiffs favor. Under similar circumstances, other courts have found no bar to a malicious prosecution claim. See, e.g., Ahern v. City of Syracuse... | A | casehold |
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bent are highly relevant. A third situation involves a claim of accidental death, where, for ex ample, defendant’s version of the facts is that the victim picked up defendant’s gun and was accidentally killed while toying with it. In such cases the deceased’s stat... | C | casehold |
Read the following excerpt from a US court opinion:
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grant the relief R2 seeks without requiring a significant revision of Charter’s reorganization. R2’s argument is, in effect, an attack on the bankruptcy court’s determination that it was appropriate for the Plan to consider all the Charter entities together, even ... | A | casehold |
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serious crime and should be deterred by the imposition of a separate penalty through a consecutive sentence. See United States v. Packer, 70 F.3d 357, 360 (5th Cir.1995) (interpreting the statute’s intent), cert. denied, — U.S. -, 117 S.Ct. 75, 136 L.Ed.2d 34 (199... | C | casehold |
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failed to notify the Union before granting higher rates of pay to less senior members and did not mention the issue of obtaining the Union’s consent. Meanwhile, the Union argues that the grievance more broadly claimed a violation of Article 14 and that the issue o... | A | casehold |
Read the following excerpt from a US court opinion:
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misconduct depend on factual determinations that were resolved against him, we will not substitute our judgment for that of the hearing committee on questions of fact. See Bristol, 2006-NMSC-041, ¶ 15, 140 N.M. 317, 142 P.3d 905 (“Because the hearing committee dir... | B | casehold |
Read the following excerpt from a US court opinion:
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desire to speak does not negate Fautenberry’s pri- or, unambiguous initiation of further communication. To be sure, had Fautenberry reinvoked his Fifth Amendment right to counsel after initiating communication with Agent Ott, he would have been protected from furt... | D | casehold |
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a court to examine the circumstances surrounding an assertion of lawful authority to search to determine whether the consent was sufficiently independent of the assertion to remove its taint. If not, the consent was not freely and voluntarily given. ¶ 18 Although ... | D | casehold |
Read the following excerpt from a US court opinion:
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permitted to participate.” Id. at 229-30, 74 S.Ct. 450 (emphasis added); cf. Maj. Op. 347-48 (omitting italicized language). Remmer thus imposes on a district court two distinct obligations: a duty to investigate allegations of a juror’s exposure to an unauthorize... | D | casehold |
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held in Mingo v. Sugar Cane Growers Co-op. of Florida, findings satisfying both prongs of our standard are essential before dismissal with prejudice is appropriate. 864 F.2d 101, 102-03 (11th Cir.1989). And, although “we occasionally have found implicit in an orde... | A | casehold |
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be awarded only to compensate actual injury or, in the case of exemplary or punitive damages, to deter or punish malicious deprivations of rights. Carey, 435 U.S. at 266, 98 S.Ct. 1042. The FTCA’s waiver of sovereign immunity is limited to damages “for injury or l... | A | casehold |
Read the following excerpt from a US court opinion:
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1 . 29 U.S.C. § 106. 2 . The district court set aside the verdict against Gilmartin for intentional infliction of emotional distress, indicating that it believed the evidence was insufficient. Whether or not the court was correct to do so is an issue we do not rea... | E | casehold |
Read the following excerpt from a US court opinion:
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officer, in violation of 26 [U.S.C. § 7214], for making and signing fraudulent entries, and failing] to perform their duties, making them personally liable for damages.” Id. Any fraud, therefore, “is not one perpetrated by [Plaintiffs], but one by color of law, ab... | C | casehold |
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Underwriting Association ... NJ.Stat.Ann. 17:29A-35b(2). The plain language of the statute makes clear that at least 10% of the surcharge bill or the actual collection fees incurred in recovering unpaid surcharges are to be paid to the DMV for its costs of adminis... | C | casehold |
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payment amounts that Durham must follow in connection with the court-ordered restitution. The essence of this claim is that decisions such as the amount and timing of IFRP payments constitute core judicial functions under Article III, and therefore a district cour... | A | casehold |
Read the following excerpt from a US court opinion:
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state action for the purposes of the Fourteenth Amendment and section 1983. The second theory is the so-called “public function” theory: that the State of Illinois has allowed hotel proprietors to perform a governmental function in enforcing their lien, and theref... | D | casehold |
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that she had been shot; in August 2001, a woman reported an assault (without injury); in February 2002, a woman reported that her car was stolen from her in the parking lot; in April 2002, one customer intentionally hit another customer’s vehicle in the drive-thro... | B | casehold |
Read the following excerpt from a US court opinion:
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Petitioner Gustavo Escobedo-Fernandez (Escobedo) seeks review of the reinstatement by the Department of Homeland Security (DHS) of his 1997 order of deportation. He also challenges the dismissal by the Board of Immigration Appeals (BIA) of his two motions to reope... | D | casehold |
Read the following excerpt from a US court opinion:
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the Statute of Elizabeth Ross has also argued that PCS may not set aside conveyances under the Statute of Elizabeth where PCS has not established the precise amount of the underlying debt. See, e.g., ECF No. 343 at 12-13 (“PCS has not established its ability to se... | A | casehold |
Read the following excerpt from a US court opinion:
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'only expressly in a state statute or constitution' or by overwhelming implication from the text of that state statute or constitution). Thus, KSU argues that-in this case a waiver may only be found if the text of Kan. Stat. Ann. § 76-723 overwhelmingly implies no... | B | casehold |
Read the following excerpt from a US court opinion:
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§ 2254’s exhaustion requirement, but, more importantly for our purposes, also constitutes an adjudication on the merits that is ripe for federal habeas review. See Comer v. Schriro, 463 F.3d 934, 956 (9th Cir.2006) (concluding, for purposes of federal habeas revie... | C | casehold |
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testified at the evidentiary hearing that he had resided at the same residence for the past fifteen years: 1712 26th Street in Orlando, Florida. This address matched the address listed for Coleman on the State’s witness list. Nevertheless, Corporal Payne testified... | A | casehold |
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the challenged conduct did not violate a constitutional right (the objective element) and the official undertook the challenged conduct in a good-faith belief that the conduct was valid (the subjective element). However, on further consideration, the Court in Harl... | C | casehold |
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of counsel that occurred around November 15, 2002, when the State allegedly withdrew the 20-year plea-bargain offer that appellant had purportedly accepted. Waiver of Right to Appeal In its reply brief, the State contends that any alleged errors concerning the “pl... | C | casehold |
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is a reasonable deduction from facts in evidence; it was not “speculation.” Detective Reynolds saw the ligatures tied to Jeff Wright’s wrists and leg, at the death scene, at the morgue, and in photographs. Although Detective Reynolds admittedly did not know where ... | D | casehold |
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10 . In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), this Court adopted as binding precedent' all decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. 11 . Courts have construed this ... | A | casehold |
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testimony of the government’s witnesses. Unless the district court is given an opportunity to correct the error, an appellate court cannot review evidence presented at trial which casts doubt upon a pre-trial suppression motion. See United States v. Longmire, 761 ... | E | casehold |
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may be “used” in violation of § 924(c), not only as instruments of intimidation or enforcement, but also as tender in a barter transaction, in exchange for drugs. In Bailey v. United States, 516 U.S. 137, 143, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), the Court held ... | C | casehold |
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of the trial court and will be sustained’ on review absent' an abuse of discretion. Id. The State is correct that Johnson’s cooperation with the police is an insufficient statutory ground to justify the downward departure sentence. The statutory mitigating factor ... | E | casehold |
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very approach our court adopted in Pro-Snax, concluding that it departed from the statute by imposing a “heightened standard” and requiring evaluation “by hindsight.” In re Top Grade Sausage, Inc., 227 F.3d 123, 132 (3d Cir.2000) abrogated on other grounds by Lami... | C | casehold |
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the application of Blakely in Foster [therefore] di appellate counsel performed deficiently by failing to raise a Blakely claim, he could not prevail without also showing that counsel’s deficient performance prejudiced him. In this context, a showing of prejudice ... | A | casehold |
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as a file, URL, IP address, telephone number, television channel, radio station, application, or service.” '002 Patent, col. 10, lines 8-10. Although the term pointer is used in the field of computing, it is analogous to any tag that directs a person to an object ... | E | casehold |
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were screen captures of the chat, including an image of an adult male masturbating. Moreover, the application explained that records obtained from the Internet provider identified Gentles as the Internet service account holder. From this information, the issuing j... | A | casehold |
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any felony defined by Illinois law. 96 Ill.App.3d at 724, 52 Ill.Dec. at 327, 422 N.E.2d at 8 (quoting Ill.Rev.Stat. ch. 38, para. 33A-2 (1978)). The court held that “where the commission of an underlying offense is a requisite for the commission of a second offen... | D | casehold |
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methamphetamine and five counts of distribution of methamphetamine. Herrera now appeals his conviction and sentence. This court has jurisdiction pursuant to 28 U.S.C. § 1291 (appeal of a final decision of a district court); and 18 U.S.C. § 3742(a) (appeal of a fin... | C | casehold |
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costs because it used the contract’s incorrect prevailing wage schedules, which the City’s bid documents designated, in calculating its bid for the project and determining its lump sum contract price for the project. According to SES, the City’s breach — i.e., spe... | B | casehold |
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(emphasis added) (internal citations omitted). Here, Appellant did not request a limiting instruction concerning Appellant’s assault of Ms. Kurt until the State had completed its direct examination of Randy. And it was during the State’s direct examination of Rand... | D | casehold |
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in determining whether the false light tort had been committed; their interest hi the subject matter was determinative. Here, the report was not distributed to the public. The report was only distributed to those individuals with a professional interest in the val... | E | casehold |
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before he filed his EEOC complaint, and Count I is dismissed as time-barred. B. Title III of the ADA Claims Defendants move to dismiss Counts II and III, both of which allege ADA Title III violations. Count II alleges that Prudential discriminated against Wilson b... | E | casehold |
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has been “convicted of any prior or subsequent crime.” This language contrasts with the language of N.J.S.A. 2C:52-3 that bars expungement of disorderly persons offenses only for those “convicted of any prior or subsequent crime * *, or of another three disorderly... | E | casehold |
Read the following excerpt from a US court opinion:
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of movement; their initial contact was not a stop. Nor was Officer Robinson’s observation of the inside of defendant’s pickup a search for constitutional purposes. In State v. Orlovski, 146 Or App 632, 933 P2d 976 (1997), we explained, “It is well settled that a p... | A | casehold |
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punishment. The court’s instruction is designed to prevent a jury from committing jury misconduct by speculating on the amount of time that a convict may serve, or by considering what the Parole Board may do relative to the accused’s sentence. A juror’s ability to... | E | casehold |
Read the following excerpt from a US court opinion:
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focus on conduct, which almost doomed the defendants’ constitutional Challenge from the outset, has returned to extinguish their argument based on R.AV. Because R.AV. does not apply to statutes that are “directed at conduct,” it does not apply to FACE, which is pr... | E | casehold |
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