Subset (8)

all · 237k rows

Split (3)

train · 189k rows

input stringlengths 15 850k	references listlengths 5 46	gold listlengths 1 15
or during the Daubert hearing, that Mr. Lindsey failed to test his theory. Additionally, Defendant never cross-examined Mr. Lindsey regarding whether he tested his theories. Instead, Defendant argued Mr. Lindsey’s testimony was unreliable because he failed to rule out all other possible ignition sources, because the fi...	[ "4", "3", "0", "1", "2" ]	[ "2" ]
case has considered the precise issue posed by this case, courts in other states have recognized that liability may be imposed in the absence of a doctor-patient relationship. In Green, 910 F.2d at 296, for example, the Fifth Circuit found, between an employee and the doctor conducting an annual physical, a limited doc...	[ "2", "0", "3", "4", "1" ]	[ "1" ]
action under subsection (d) of this section or section 311(b) of this title or section 1365 of this title [33 U.S.C. § 1321(b) or 1365]. 33 U.S.C. § 1319(g)(6)(A). Under this provision of the Act, private citizens are precluded from bringing a particular civil penalty action when the EPA is diligently prosecuting an ad...	[ "0", "4", "2", "3", "1" ]	[ "1" ]
455, 535 S.E.2d 438, 442 (2000). Because these issues have not been properly considered by the Commission, the Commission having included admittedly excluded evidence on one and having failed to make any findings whatsoever on the other, the circuit court was correct in remanding the matters to the Commission. See Bald...	[ "4", "1", "3", "2", "0" ]	[ "0" ]
applies simply because a reviewing court concludes that, even in the absence of any formal arrest or restraint on freedom of movement, the questioning took place in a “coercive environment.” Any interview of one suspected of a crime by a police officer will have coercive aspects to it, simply by virtue of the fact that...	[ "2", "0", "4", "3", "1" ]	[ "1" ]
that the acquisition of a new claim of homestead defeats and discharges a previously-filed claim of homestead. The court agreed with Citizens, holding that the plain language of § 2 meant that Garran’s § 1A declaration and corresponding homestead exemption was defeated and discharged by his wife’s subsequent § 1 declar...	[ "1", "3", "2", "0", "4" ]	[ "4" ]
in favor of their client. NY CLS Jud § 475. The charging lien of an attorney under § 475 comes into being at the commencement of an action or proceeding. In re Brooklyn Bridge Southwest Urban Renewal Project, 31 A.D.2d 895, 297 N.Y.S.2d 835 (1st Dept. 1969). A charging lien is based upon an equitable doctrine that an a...	[ "2", "3", "1", "4", "0" ]	[ "0" ]
USA, Inc., 564 F.3d 1256, 1274-75 (11th Cir. 2009) (stating that “common questions will rarely, if ever, predominate [in] an unjust enrichment claim, the resolution of which turns on individualized facts” and concluding there was a commonality problem because employees who understood the commission policy “cannot claim...	[ "2", "0", "4", "1", "3" ]	[ "3" ]
Pinson seeks is freely available to the public as she implies, “there would be no reason to invoke the FOIA to obtain access to the information.” Id. The Court thus proceeds to balance the private interest in privacy and the public interest in disclosure. Upon consideration of Pinson’s articulated public interest and i...	[ "3", "1", "2", "4", "0" ]	[ "0" ]
other hand, this assertion, without more, does not sufficiently allege that Siemens Austria is financially dependent on its parent, ie., that Siemens Austria cannot run its businesses without the financial backing of its parent. Plaintiffs fail to allege any facts to support the third factor, the “degree to which the p...	[ "3", "0", "1", "2", "4" ]	[ "4" ]
of employment are actionable under § 1981. Id. Similarly, other courts that have interpreted § 1981(b) overwhelmingly indicate that retaliation claims are actionable under § 1981. See, e.g., Steverson v. Goldstein, 24 F.3d 666, 670 (5th Cir.1994), cert. denied, - U.S. -, 115 S.Ct. 731, 130 L.Ed.2d 634 (1995) (affirming...	[ "1", "2", "0", "3", "4" ]	[ "4" ]
1964) (<HOLDING>); see also Hornblower v. Cobb, 932 So.2d 402 Holdings: 0: holding that a right to be released when a joint tortfeasor has been released is a vested right 1: holding that the workers compensation act is to be liberally construed in the employees favor and any doubt in its construction is thus resolved i...	[ "0", "3", "2", "1", "4" ]	[ "4" ]
(Id. at 32). He has no affiliations with professional organizations dealing with' GPS systems. (Id. at 34). Prior to this case, he has never served or been asked to serve as an expert in the field. (Id.) Accordingly, we find that Williams does not have the specialized knowledge required of an expert witness. B. Does th...	[ "0", "3", "4", "1", "2" ]	[ "2" ]
that the district court committed reversible error by defining “knowingly” in Instruction No. 10. We generally review challenges to jury instructions for abuse of discretion, United States v. Rush-Richardson, 574 F.3d 906, 910 (8th Cir.2009), but our review is for plain error where, as here, the defendant failed to obj...	[ "0", "2", "3", "1", "4" ]	[ "4" ]
on the part of the lessee to do this can only be an implied one, in which instance said lessee has a reasonable time, after completion of the well, to comply with such covenant. Id. at 1012 (quoting McVicker v. Horn, Robinson and Nathan, 322 P.2d 410, 411 (Okla.1958)). Gazin held that, although the lessors would normal...	[ "3", "1", "2", "4", "0" ]	[ "0" ]
between medical judgment and the standard of care, our courts have often struggled in determining whether the facts of a particular case call for the application of the judgment charge. We have generally limited the application of the judgment charge to medical malpractice actions concerning misdiagnosis or the selecti...	[ "3", "2", "1", "4", "0" ]	[ "0" ]
if fact’s existence was “more likely than not”). That finding was supported here by evidence of Hilson’s history of drug trafficking and his possession of the money at a time when he was known to be selling crack, as evidenced by his three recent sales to the confidential informant. It was further supported by evidence...	[ "1", "0", "2", "3", "4" ]	[ "4" ]
CURIAM In this appeal from a decision of the Oregon Tax Court, Gary Allan Clark (taxpayer) challenges both the Tax Court’s conclusion that he is liable for 1996 personal income taxes based on wages that he earned in that tax year and the Tax Court’s assessment of damages against him for pursuing a frivolous appeal. See...	[ "1", "0", "2", "4", "3" ]	[ "3" ]
sets the limits placed on the compensation of chapter 7 and chapter 11 trustees, is based on “moneys disbursed.” 11 U.S.C. § 326(a). The use of the term “moneys” in § 326(a) circumscribes the word “disbursed” and suggests that disbursement means something more than monies. See, e.g., In re Lan Assocs. XI, L.P., 192 F.3...	[ "3", "1", "0", "2", "4" ]	[ "4" ]
v. Brown, 7 Vet.App. 476, 481 (1995). Although § 7722 does, by its terms, require VA to inform veterans of “all benefits and services to which they may be entitled” and to assist veterans “to the maximum extent possible ... in the preparation and presentation of claims,” the extent of such a duty will depend on the fac...	[ "2", "1", "0", "4", "3" ]	[ "3" ]
v. United States, 599 A.2d 1094, 1102 (D.C.1991)). Accordingly, the judgment on appeal herein with respect to R. J. is affirmed, and the judgment with respect to B.J. is reversed. So ordered. 1 . There is no petition for K.J.'s adoption involved in this case. 2 . There is also sufficient evidence to hold that the mothe...	[ "3", "4", "2", "0", "1" ]	[ "1" ]
Jiang Yu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed...	[ "3", "2", "4", "1", "0" ]	[ "0" ]
has also presented evidence that creates a reasonable inference that age discrimination was the determinative factor in her termination. The district court found that the firing of older employees during the reorganization period of September 1994 to October 1995 was not sufficient to create an inference of impermissib...	[ "3", "4", "0", "2", "1" ]	[ "1" ]
to make substantive exclusions in the hospital’s interest. E.g., Peterson, 559 P.2d at 191(allowing exclusions based on rules that “comport[ ] with the legitimate goals of the hospital and the rights of the individual and the public”). Moreover, Arizona explicitly gives all hospitals the right to refuse to allow aborti...	[ "4", "2", "0", "1", "3" ]	[ "3" ]
after surveying California court decisions, that “courts generally presume that the fourth element of the applicable test has been established if there is sufficient evidence to prove the first three elements.” Del Amo v. Baccash, No. CV 07-663-PSG, 2008 WL 4414514, at *6 (C.D.Cal. Sept. 16, 2008) (presuming that injur...	[ "2", "0", "1", "3", "4" ]	[ "4" ]
of the saliva swabs and DNA evidence, which the trial court similarly overruled. After completion of the trial — which began and concluded on October 15, 2003 — the jury convicted Wyche as to all three counts of the information. On November 12, 2003, the trial court imposed a ten-year sentence as to Counts I and III, c...	[ "1", "3", "2", "0", "4" ]	[ "4" ]
A recent Eighth Circuit decision applying Hodari confirms this interpretation. In Cole v. Bone, 993 F.2d 1328 (8th Cir.1993), the Eighth Circuit applied Hodari to determine when a “seizure” occurs for purposes of a Fourth Amendment excessive force claim. David Cole, driving an 18-wheel tractor-trailer truck eastbound o...	[ "0", "1", "2", "3", "4" ]	[ "4" ]
Size shall be 38 mm thick by 400 mm in height by 1 meter in length, unless othenoise indicated [,]” while paragraph 2.2.2 provides that: “Precast concrete units shall have a compressive strength of no less than 17 MPa, reinforced with 150 mm by 150 mm by W1.4 WWF wire mesh, and 300 mm (height) by 1 m (length) by 40 mm ...	[ "1", "3", "0", "4", "2" ]	[ "2" ]
eventually be dismissed if they fail to conform to Federal Rule of Civil Procedure 8 after the court gives the plaintiffs an opportunity to amend. See id. 2 . The plaintiffs typed the heading "Motion for a TRO” on their pleading but crossed it out before filing the document and indicated that they would file a separate...	[ "4", "0", "3", "2", "1" ]	[ "1" ]
three counts of first-degree CSC with a minor, in violation of South Carolina Code section 16-3-655. Another statute, section 16-3-657, provides that “[t]he testimony of the victim need not be corroborated in prosecutions under §§ 16-3-652 through 16-3-658.” The circuit court charged the jury the above quoted language ...	[ "0", "3", "1", "4", "2" ]	[ "2" ]
or interests.” Johnson v. Lodge # 93 of the Fraternal Order of Police, 393 F.3d 1096, 1107 (10th Cir.2004)(citing United States v. City of Hialeah, 140 F.3d 968, 975 (11th Cir.1998)). The NMCGA has not demonstrated that the Proposed Settlement Agreement imposes any legal obligations on it or adversely affects its legal...	[ "2", "3", "4", "0", "1" ]	[ "1" ]
that foster parents have standing under federal law to raise foster child’s rights). We should join the growing number of our sister jurisdictions who have conferred standing to be heard to foster parents in proceedings related to children that have been in their care. Some states, such as Delaware, Nebraska, South Car...	[ "2", "0", "1", "3", "4" ]	[ "4" ]

Subsets and Splits

No community queries yet

The top public SQL queries from the community will appear here once available.