LePaRD: A Large-Scale Dataset of Judges Citing Precedents
Paper • 2311.09356 • Published
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4,140,271 | 3,628,546 | 1934-10-17 | United States District Court for the District of Maryland | United States ex rel. Pen Mar Co. v. J. L. Robinson Const. Co. | United States ex rel. Pen Mar Co. v. J. L. Robinson Const. Co., 8 F. Supp. 620 (1934) | 1923-11-22 | United States District Court for the Eastern District of New York | United States ex rel. Ganford Co. v. Conners | United States ex rel. Ganford Co. v. Conners, 295 F. 521 (1923) | 3628546_1 | That in all suits instituted under the provisions of this section such personal notice of the pendency of such suits, informing them of their right to intervene as the court may order, shall be given to all known creditors, and in addition thereto notice of publication in some newspaper of general circulation, publishe... | A letter to the clerk of this court from Alfred G. Bennett, of the Bureau of Liquidations of the Insurance Department of the State of New York under date of December 29, 1933, states that the General Indemnity Corporation had been dissolved and placed in liquidation by an order of the Supreme Court of New York County ... |
4,140,271 | 3,628,546 | 1934-10-17 | United States District Court for the District of Maryland | United States ex rel. Pen Mar Co. v. J. L. Robinson Const. Co. | United States ex rel. Pen Mar Co. v. J. L. Robinson Const. Co., 8 F. Supp. 620 (1934) | 1923-11-22 | United States District Court for the Eastern District of New York | United States ex rel. Ganford Co. v. Conners | United States ex rel. Ganford Co. v. Conners, 295 F. 521 (1923) | 3628546_0 | not the essence of the jurisdiction of the court | As to the latter point it is sufficient to say that the Circuit Court of Appeals for this Circuit has very recently decided to the contrary in the ease of United States, to the Use of Colonial Brick Corporation, v. Federal Surety Company and E. W. Clark, Receiver thereof, 72 F.(2d) 964, decided October 2,1934, where, ... |
4,140,271 | 3,628,546 | 1934-10-17 | United States District Court for the District of Maryland | United States ex rel. Pen Mar Co. v. J. L. Robinson Const. Co. | United States ex rel. Pen Mar Co. v. J. L. Robinson Const. Co., 8 F. Supp. 620 (1934) | 1923-11-22 | United States District Court for the Eastern District of New York | United States ex rel. Ganford Co. v. Conners | United States ex rel. Ganford Co. v. Conners, 295 F. 521 (1923) | 3628546_1 | for at least three successive weeks, the last publication to be at least three months before the time limited therefor. | ” (Italics supplied.)
And the federal cases on the point both before and after this decision of the Supreme Court have quite uniformly held to the same effect. See United States v. United Surety Company (D. C.) 192 F. 992; United States v. Conners (D. C.) 295 F. 521; United States v. Scheurman (D. C.) 218 F. 915; Unite... |
3,836,966 | 5,620,257 | 1899-01-09 | United States Court of Appeals for the Third Circuit | Barnes Cycle Co. v. Reed | Barnes Cycle Co. v. Reed, 91 F. 481 (1899) | 1838-01 | Supreme Court of the United States | Reynolds v. Douglass | Reynolds v. Douglass, 37 U.S. 497 (1838) | 5620257_0 | This notice need not he proved to have been given in writing, or in any particular form, but may be inferred by the jury from facts and circumstances which shall warrant such inference. | ’ ” This witness testified that, before the defendant made this remark, he (Phillips) had mentioned the plaintiff as one of the concerns to which the defendant was liable, and the amount of the indebtedness. The defendant held his judgment note until October 3, 1896, the third day after the maturity of the principal co... |
2,184,156 | 12,043,962 | 1969-06-17 | United States Court of Appeals for the Ninth Circuit | Spillman v. United States | Spillman v. United States, 413 F.2d 527 (1969) | 1966-05-23 | Supreme Court of the United States | Redmond v. United States | Redmond v. United States, 384 U.S. 264 (1966) | 12043962_1 | The memorandum states, in pertinent part, that prosecution for mailing private correspondence which is allegedly obscene ‘should be the exception confined to those cases involving repeated offenders or other circumstances which may fairly be characterized as aggravated.’ |
Shortly before the close of the Government’s case, and upon the representation of the Assistant United States Attorney that the further evidence to be presented could not connect defendant Cucitro with the 8mm film, the court directed a dismissal as to the defendant Cucitro on that count, Count Two of the indictment, ... |
2,049,934 | 12,043,962 | 1967-01-05 | United States Court of Appeals for the Ninth Circuit | Cox v. United States | Cox v. United States, 370 F.2d 563 (1967) | 1966-05-23 | Supreme Court of the United States | Redmond v. United States | Redmond v. United States, 384 U.S. 264 (1966) | 12043962_1 | those cases involving repeated offenders or other circumstances which may fairly be characterized as aggravated. | PER CURIAM:
Appellant Cox was convicted of transmitting obscene material by mail, an offense defined by 18 U.S.C. § 1461. Appellant McGuire was convicted of aiding and abetting. 18 U.S.C. § 2.
One of the appellants lived in Pacoima, California, and the other in San Francisco, California. They became friendly through an... |
2,049,934 | 12,043,962 | 1967-01-05 | United States Court of Appeals for the Ninth Circuit | Cox v. United States | Cox v. United States, 370 F.2d 563 (1967) | 1966-05-23 | Supreme Court of the United States | Redmond v. United States | Redmond v. United States, 384 U.S. 264 (1966) | 12043962_0 | reverse this conviction, not because it violates the policy of the Justice Department, but because it violates the Con? stitution. | ” A minority of three Justices noted that it would “ |
2,034,745 | 12,043,962 | 1967-04-10 | United States Court of Appeals for the Eighth Circuit | Heath v. United States | Heath v. United States, 375 F.2d 521 (1967) | 1966-05-23 | Supreme Court of the United States | Redmond v. United States | Redmond v. United States, 384 U.S. 264 (1966) | 12043962_1 | should be the exception confined to those cases involving repeated offenders or other circumstances which may fairly be characterized as aggravated. | HEANEY, Circuit Judge.
Appellant, Cecil Bailey Heath, with the advice of counsel and after a careful explanation of the charge by District Court Judge Oren Harris, entered a plea of guilty on May 23, 1966, to a charge of transmitting obscene material through the mails in violation of 18 U.S.C. § 1461. A three-year sent... |
2,120,978 | 12,043,962 | 1970-10-20 | United States Court of Appeals for the Second Circuit | United States v. Dellapia | United States v. Dellapia, 433 F.2d 1252 (1970) | 1966-05-23 | Supreme Court of the United States | Redmond v. United States | Redmond v. United States, 384 U.S. 264 (1966) | 12043962_1 | those cases involving repeated offenders or other circumstances which may fairly be characterized as aggravated. |
34
. United States v. Reidel (S.D.Cal., filed June 8, 1970), cert. granted, 39 U.S.L.W. (1970), 400 U.S. 817, 91 S.Ct. 67, 27 L.Ed.2d 44 (unconstitutional to prohibit mailing of obscene matter to one who uses mails for commercial distribution to willing buyers who state they are adults) ; United States v. Thirty-Seven... |
5,585,797 | 12,043,962 | 1971-02-10 | United States District Court for the Eastern District of Louisiana | United States v. New Orleans Book Mart, Inc. | United States v. New Orleans Book Mart, Inc., 328 F. Supp. 136 (1971) | 1966-05-23 | Supreme Court of the United States | Redmond v. United States | Redmond v. United States, 384 U.S. 264 (1966) | 12043962_0 | not because [this conviction] violates the policy of the Justice Department, but because it violates the Constitution. | VOID FOR VAGUENESS
Defendants next assert unconstitutionality of the statutes themselves as violating the First, Fourth, Fifth and Sixth Amendments to the Constitution, because they forbid the doing of acts in terms so vague that men of common intelligence must necessarily guess at their meaning and differ as to their... |
3,423,125 | 12,043,962 | 1973-01-29 | United States District Court for the District of Columbia | Nader v. Kleindienst | Nader v. Kleindienst, 375 F. Supp. 1138 (1973) | 1966-05-23 | Supreme Court of the United States | Redmond v. United States | Redmond v. United States, 384 U.S. 264 (1966) | 12043962_1 | . . . confined to those cases which may fairly be characterized as aggravated. | A declaration that the Act was not enforced during the years before 1968, and upon which the statute of limitations has run, would serve no useful purpose since the Act has now been repealed, and the question is for all practical purposes now moot. Therefore, it is this 29th day of January, 1973,
Ordered, that the act... |
613,312 | 8,895 | 1984-08-08 | United States Court of Appeals for the Seventh Circuit | Alliance to End Repression v. City of Chicago | Alliance to End Repression v. City of Chicago, 742 F.2d 1007 (1984) | 1959-06-08 | Supreme Court of the United States | United States v. Atlantic Refining Co. | United States v. Atlantic Refining Co., 360 U.S. 19 (1959) | 8895_1 | the consent decree is not intended to permit____ | Notice, however, that this does not say “ |
3,525,339 | 8,895 | 1972-07-14 | United States District Court for the Eastern District of Missouri | United States v. Associated Credit Bureaus, Inc. | United States v. Associated Credit Bureaus, Inc., 345 F. Supp. 940 (1972) | 1959-06-08 | Supreme Court of the United States | United States v. Atlantic Refining Co. | United States v. Atlantic Refining Co., 360 U.S. 19 (1959) | 8895_1 | We merely hold that where the language of a consent decree in its normal meaning supports an interpretation; where that interpretation has been adhered to over many years by all the parties, including those government officials who drew up and administered the decree from the start (citation omitted); and where the tri... | It does not prohibit the members from using other organizations as sources of credit information.
If the 1933 decree were equally susceptible to the interpretations the government is now urging, the Court would not accept those interpretations. ACB’s “coupon rules” have been in existence since the establishment of ACB... |
7,850,922 | 8,895 | 1994-08-29 | United States District Court for the District of New Jersey | Educational Testing Service v. Katzman | Educational Testing Service v. Katzman, 157 F.R.D. 235 (1994) | 1959-06-08 | Supreme Court of the United States | United States v. Atlantic Refining Co. | United States v. Atlantic Refining Co., 360 U.S. 19 (1959) | 8895_2 | more nearly effectuate the basic purpose of the [Acts], | Thus the decree itself cannot be said to have a purpose; rather the parties have purposes, generally opposed to each other, and the resultant decree embodies as much of those opposing purposes as the respective parties have the bargaining power and skill to achieve. For these reasons, the scope of a consent decree mus... |
10,518,426 | 8,895 | 1992-11-12 | United States Court of Appeals for the Sixth Circuit | Lorain NAACP v. Lorain Board of Education | Lorain NAACP v. Lorain Board of Education, 979 F.2d 1141 (1992) | 1959-06-08 | Supreme Court of the United States | United States v. Atlantic Refining Co. | United States v. Atlantic Refining Co., 360 U.S. 19 (1959) | 8895_0 | it does not warrant our substantially changing the terms of a decree to which the parties consented without any adjudication of the issues. | In United States v. Atlantic Ref. Co., 360 U.S. 19, 23, 79 S.Ct. 944, 946, 3 L.Ed.2d 1054 (1959), the Court observed that while a proposed interpretation of a consent decree might better effectuate the basic purposes of the statutes the government sought to enforce, “ |
3,928,601 | 1,418 | 1977-04-21 | United States District Court for the Western District of New York | United States v. Brozyna | United States v. Brozyna, 430 F. Supp. 213 (1977) | 1972-12-21 | United States Court of Appeals for the Eighth Circuit | United States v. Peplinski | United States v. Peplinski, 472 F.2d 84 (1972) | 1418_0 | in connection with the acquisition of a firearm |
On March 13, 1975, the grand jury returned a two-count indictment charging the defendant with using a false identification “ |
3,928,601 | 1,418 | 1977-04-21 | United States District Court for the Western District of New York | United States v. Brozyna | United States v. Brozyna, 430 F. Supp. 213 (1977) | 1972-12-21 | United States Court of Appeals for the Eighth Circuit | United States v. Peplinski | United States v. Peplinski, 472 F.2d 84 (1972) | 1418_0 | in connection with the acquisition of a firearm. |
On March 13, 1975, the grand jury returned a two-count indictment charging the defendant with using a false identification “in connection with the acquisition of a firearm” in violation of 18 U.S.C. §§ 922(a)(6) and 924(a), and with bail jumping in violation of 18 U.S.C. § 3150. Subsequently, the defendant was tried a... |
3,928,601 | 1,418 | 1977-04-21 | United States District Court for the Western District of New York | United States v. Brozyna | United States v. Brozyna, 430 F. Supp. 213 (1977) | 1972-12-21 | United States Court of Appeals for the Eighth Circuit | United States v. Peplinski | United States v. Peplinski, 472 F.2d 84 (1972) | 1418_1 | in connection with the acquisition of | 415 U.S., at 820 [94 S.Ct., at 1267].
There is no question that in Huddleston, the Supreme Court indicated a willingness to interpret “acquisition” broadly; however, there is no authority expressed there to construe the word “acquisition” to include “attempted acquisition” which is a separately designated offense. Uni... |
3,928,601 | 1,418 | 1977-04-21 | United States District Court for the Western District of New York | United States v. Brozyna | United States v. Brozyna, 430 F. Supp. 213 (1977) | 1972-12-21 | United States Court of Appeals for the Eighth Circuit | United States v. Peplinski | United States v. Peplinski, 472 F.2d 84 (1972) | 1418_1 | in connection with the acquisition of. | Even though the questionnaire was prepared a few days later, it was held to be “in connection with the acquisition of” the firearm. However, Peplinski does not support the Government’s argument that acquisition also includes an attempted acquisition.
Next, the prosecutor argues that pursuant to Rule 31(c) of the Feder... |
1,377,185 | 302,284 | 1998-12-03 | United States District Court for the Southern District of Texas | Roberson v. Brassell | Roberson v. Brassell, 29 F. Supp. 2d 346 (1998) | 1997-08-08 | United States Court of Appeals for the Eighth Circuit | Williams v. Brimeyer | Williams v. Brimeyer, 122 F.3d 1093 (1997) | 302284_0 | applies to all hours worked in this case after the date of the passage of the Act | See Inmates of D.C. Jail v. Jackson, 158 F.3d 1357, 1358 (D.C.Cir.1998) (finding that “the attorney’s fees limitations in the PLRA apply to all work performed after the effective date of the Act”); Williams v. Brimeyer, 122 F.3d 1093, 1094 (8th Cir.1997) (holding that the PLRA “ |
11,594,515 | 302,284 | 1999-01-25 | United States Court of Appeals for the Eighth Circuit | Winters v. Sissel | Winters v. Sissel, 167 F.3d 413 (1999) | 1997-08-08 | United States Court of Appeals for the Eighth Circuit | Williams v. Brimeyer | Williams v. Brimeyer, 122 F.3d 1093 (1997) | 302284_0 | applies to all hours worked in this case after the date of the passage of the Act. | PER CURIAM.
Section 803(d) of the Prison Litigation Reform Act, 42 U.S.C. § 1997e(d) (“PLRA”), imposes limits on the hourly rate at which attorneys’ fees may be awarded to inmates who prevail in actions brought under 42 U.S.C. § 1983. Iowa inmate Jeff Winters commenced this § 1983 action before passage of the PLRA in A... |
11,594,515 | 302,284 | 1999-01-25 | United States Court of Appeals for the Eighth Circuit | Winters v. Sissel | Winters v. Sissel, 167 F.3d 413 (1999) | 1997-08-08 | United States Court of Appeals for the Eighth Circuit | Williams v. Brimeyer | Williams v. Brimeyer, 122 F.3d 1093 (1997) | 302284_1 | that the PLRA, as applied in this manner, is within the power of Congress. | ” Williams established the law in this circuit, and we must follow it. Other circuits have adopted differing views on this question. In Inmates of D.C. Jail v. Jackson, 158 F.3d 1357, 1360 (D.C.Cir.1998), the court followed our decision in Williams. On the other hand, Madrid v. Gomez, 150 F.3d 1030, 1035 (9th Cir.1998)... |
3,701,778 | 8,198 | 1902-05-05 | United States Court of Appeals for the Ninth Circuit | Lilienthal v. McCormick | Lilienthal v. McCormick, 117 F. 89 (1902) | 1883-11-12 | Supreme Court of the United States | New Orleans National Banking Ass'n v. Adams | New Orleans National Banking Ass'n v. Adams, 109 U.S. 211 (1883) | 8198_0 | We are of the opinion that this contention is not well founded. While it may be conceded that no precise form of words is necessary to constitute a mortgage, yet there must be a present purpose of the mortgagor to pledge his land for the payment of a sum of money, or the performance of some other act, or it cannot be c... | We shall not attempt to do this. In Association v. Adams, 109 U. S. 211, 214. 3 Sup. Ct. 161, 27 L. Ed. 910, cited by complainants, it was insisted that the bank was entitled to the proceeds of a certain sale because the agreement of the parties constituted a mortgage, etc.
“We are of the opinion that this contention ... |
938,787 | 5,706,389 | 1936-01-20 | United States Court of Appeals for the Fifth Circuit | Regents of University System of Georgia v. Page | Regents of University System of Georgia v. Page, 81 F.2d 577 (1936) | 1922-08-07 | United States Court of Appeals for the Ninth Circuit | Pool v. Walsh | Pool v. Walsh, 282 F. 620 (1922) | 5706389_1 | be enforced through the secret findings and summary action of executive officers. | If the tax was due by appellant or it was legally required to collect the same, it is the duty of the collecting agent to pay it over; if the admissions were immune from federal taxation, there was no valid agency and certainly no obligation to pay anything over to the appellee. We find nothing in the conduct of the B... |
918,731 | 5,706,389 | 1932-06-13 | United States Court of Appeals for the Fourth Circuit | Hubbard Inv. Co. v. Brast | Hubbard Inv. Co. v. Brast, 59 F.2d 709 (1932) | 1922-08-07 | United States Court of Appeals for the Ninth Circuit | Pool v. Walsh | Pool v. Walsh, 282 F. 620 (1922) | 5706389_0 | assessment or collection of any tax. | With respect to. the acquisition of the trust property, he stated that the investment company had financed the purchase by the use of a stock certificate and that it had paid certain relatively small installments of interest and an assessment of $500. He produced the checks covering the interest payments and the asses... |
11,689,126 | 11,960,986 | 1998-06-01 | United States District Court for the Southern District of Texas | Sabino v. Reno | Sabino v. Reno, 8 F. Supp. 2d 622 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 241 (a)(2)(A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are, without regard to the date of their commission, otherwise ... | The phrase “shall not be subject to review by any court” applies directly to deportation orders, raising questions of what level of judicial review in deportation proceedings is required by the Constitution. See, e.g., Mbiya, 930 F.Supp. at 612; Yesil, 958 F.Supp. at 839. See also Williams, 114 F.3d at 82. Its prohibi... |
191,473 | 11,960,986 | 1998-05-11 | United States Court of Appeals for the Fifth Circuit | Lerma de Garcia v. IMMIGRATION & NATURALIZATION SERVICE | Lerma de Garcia v. IMMIGRATION & NATURALIZATION SERVICE, 141 F.3d 215 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_4 | completely forecloses our jurisdiction to review decisions of the BIA | The Immigration Judge (“IJ”) deemed Petitioner’s application abandoned and ordered her deportation.
Petitioner filed a motion to reopen, in order to apply for relief under section 212(c). On December 5, 1994, the IJ denied the motion on the grounds that petitioner had failed to demonstrate exceptional circumstances.
P... |
191,473 | 11,960,986 | 1998-05-11 | United States Court of Appeals for the Fifth Circuit | Lerma de Garcia v. IMMIGRATION & NATURALIZATION SERVICE | Lerma de Garcia v. IMMIGRATION & NATURALIZATION SERVICE, 141 F.3d 215 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_0 | criminal deportees retain some opportunity to apply for writs of habeas corpus. | ’ ” Id. (quoting Carlson v. London, 342 U.S. 524, 537, 72 S.Ct. 525, 532-33, 96 L.Ed. 547 (1952)). The court, however, added:
[T]hat Congress’s. power to grant or restrict judicial review in deportation proceedings is subject to judicial intervention under the Constitution does not imply necessarily that a federal cour... |
11,814,520 | 11,960,986 | 1998-12-22 | United States Court of Appeals for the Eleventh Circuit | Richardson v. Reno | Richardson v. Reno, 162 F.3d 1338 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | by reason of having committed a criminal offense | Instead, the language of INA § 106(a)(10) conditioned its restriction on judicial review on there being “an alien” “who is deportable” “ |
11,814,520 | 11,960,986 | 1998-12-22 | United States Court of Appeals for the Eleventh Circuit | Richardson v. Reno | Richardson v. Reno, 162 F.3d 1338 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | against an alien who is deportable by reason of having committed ... any offense covered by [INA] section 241(a)(2)(A)(ii) for which both predicate offenses are covered by [INA] section 241(a)(2)(A)(i). | The Fifth Circuit not ed that under INA § 106(a)(10), “unamended by IIRIRA,” judicial review was precluded if deportation was based on two convictions for a crime involving moral turpitude only if both of the convictions occurred within five years of when the alien entered the United States. Because one of Mr. Anwar’s... |
11,814,520 | 11,960,986 | 1998-12-22 | United States Court of Appeals for the Eleventh Circuit | Richardson v. Reno | Richardson v. Reno, 162 F.3d 1338 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | by reason of having committed a criminal offense covered | First, Congress clearly has the power to repeal § 2241 habeas jurisdiction over immigration decisions in the inferior courts and to provide for judicial review of immigration decisions exclusively under a different jurisdictional statute, to wit: the INA. Congress has the power to remove all immigration decisions from... |
11,814,520 | 11,960,986 | 1998-12-22 | United States Court of Appeals for the Eleventh Circuit | Richardson v. Reno | Richardson v. Reno, 162 F.3d 1338 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | by reason of having committed a criminal offense covered | If review of such questions under INA § 242(a)(2)(C) does not satisfy the Suspension Clause and INA § 242(a)(2)(C) is held to be unconstitutional, then at worst Richardson will be left with the INA’s underlying general judicial review of “all questions of law and fact” available under INA §§ 242(b)(2) and 242(b)(9) in... |
11,814,520 | 11,960,986 | 1998-12-22 | United States Court of Appeals for the Eleventh Circuit | Richardson v. Reno | Richardson v. Reno, 162 F.3d 1338 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | any offense covered by section 241 (a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i) | Auguste v. Reno, 152 F.3d 1325, 1328 (11th Cir.1998). Auguste did not address judicial review under § 2241 habeas because Auguste, a non-criminal alien in custody, filed a habeas petition in the district court pursuant to only INA § 106(a)(10) which provided for habeas review under the old INA. The AEDPA repealed the ... |
11,814,520 | 11,960,986 | 1998-12-22 | United States Court of Appeals for the Eleventh Circuit | Richardson v. Reno | Richardson v. Reno, 162 F.3d 1338 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | any offense covered by section 241 (a)(2)(A)(ii) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 241 (a)(2)(A)(i). | First, IIRIRA § 306(d) eliminated the phrase “any offense covered by section 241 (a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i)” and replaced it with the phrase " |
11,814,520 | 11,960,986 | 1998-12-22 | United States Court of Appeals for the Eleventh Circuit | Richardson v. Reno | Richardson v. Reno, 162 F.3d 1338 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | without regard to the date of their commission | As did the Ninth Circuit in Coronado-Durazo v. INS, 123 F.3d 1322 (9th Cir.1997), the Fifth Circuit in Anwar applied the pre-IIRIRA version of INA § 106(a)(10). 116 F.3d at 144. However, unlike in Coronado-Durazo, the fact that the pre-IIRIRA version of INA § 106(a)(10) applied in Anwar meant that the court could exer... |
11,814,520 | 11,960,986 | 1998-12-22 | United States Court of Appeals for the Eleventh Circuit | Richardson v. Reno | Richardson v. Reno, 162 F.3d 1338 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_0 | criminal deportees retain some opportunity to apply for writs of habeas corpus | But compare Chow v. INS, 113 F.3d 659, 667 (7th Cir.1997) (deciding jurisdictional bar itself, in INA § 106(a)(10) enacted by AEDPA § 440(a), did not violate Article III or Due Process Clause but declining to find sufficient jurisdiction under that jurisdictional bar to consider the alien's other constitutional claims... |
11,626,870 | 11,960,986 | 1999-03-29 | United States District Court for the Western District of Louisiana | Naidoo v. Immigration & Naturalization Service | Naidoo v. Immigration & Naturalization Service, 39 F. Supp. 2d 755 (1999) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_0 | criminal deportees retain some opportunity to apply for writs of habeas corpus. | Lerma de Garcia 141 F.3d at 217, quoting Chow v. INS, 113 F.3d 659, 668 (7th Cir.1997); Rusu, 999 F.Supp. at 1212. As discussed above, Congress has amended ‘NA to limit federal court review of immigration matters by repealing the statutory authority by which federal district courts previously reviewed immigration matt... |
11,582,492 | 11,960,986 | 1999-06-22 | United States District Court for the District of New Jersey | Then v. Immigration & Naturalization Service | Then v. Immigration & Naturalization Service, 58 F. Supp. 2d 422 (1999) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a criminal offense covered in ... [Sjection 241 (a)(2)(A)(iii), (B), (C), or (D) .... | See IIRIRA § 309(c)(4)(G), 110 Stat. 3009-546 (setting forth transitional rules which provide, inter alia, "there shall be no appeal of any discretionary decision under... [Sjection 212(c)” and “there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a... |
11,570,090 | 11,960,986 | 1999-09-15 | United States Court of Appeals for the Fifth Circuit | Requena-Rodriguez v. Pasquarell | Requena-Rodriguez v. Pasquarell, 190 F.3d 299 (1999) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_3 | commence before ... April 1, 1997, and conclude more than thirty days after [IIRIRA’s] passage on September 30, 1996. | The district court, after “carefully reviewing] those objections and the entire file,” found the magistrate judge’s recommendation to be “essentially correct” and denied Requena’s habeas petition.
This court reviews de novo the district court’s legal conclusions on jurisdiction and on the merits. See United States v. ... |
11,570,090 | 11,960,986 | 1999-09-15 | United States Court of Appeals for the Fifth Circuit | Requena-Rodriguez v. Pasquarell | Requena-Rodriguez v. Pasquarell, 190 F.3d 299 (1999) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | This subsection shall not apply to an alien who is deportable by reason of having committed any criminal offense covered in section 241(a)(2)(A)(iii).... | Fiallo v. Bell, 430 U.S. 787, 794, 793, 97 S.Ct. 1473, 1479, 1478, 52 L.Ed.2d 50 (1977) (internal quotation omitted). Requena’s equal protection rights were not violated by AEDPA § 440(d)’s restriction of § 212(c) relief.
VI. Conclusion
This decision does not determine whether any habeas jurisdiction remains under IIR... |
11,570,090 | 11,960,986 | 1999-09-15 | United States Court of Appeals for the Fifth Circuit | Requena-Rodriguez v. Pasquarell | Requena-Rodriguez v. Pasquarell, 190 F.3d 299 (1999) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_0 | criminal deportees retain some opportunity to apply for writs of habeas corpus | Id., at 285 (citing Parra, 172 F.3d at 957).
13
. See Jurado-Gutierrez v. Greene, 190 F.3d 1135, 1144-46 (10th Cir.1999); Shah, 184 F.3d at 722 (8th Cir.); Mayers v. U.S. Dep’t of INS, 175 F.3d 1289, 1297 (11th Cir.1999). See Lerma de Garcia, 141 F.3d at 217 (repeating notations in prior cases that " |
11,575,685 | 11,960,986 | 1999-05-25 | United States District Court for the Southern District of Texas | Berlanga v. Reno | Berlanga v. Reno, 56 F. Supp. 2d 751 (1999) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | [t]here shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a criminal offense covered in [certain code sections]. | See IIRI-RA §§ 306(d), 671(e)(3), 671(e)(4) (revising materially subsection (a)(1) to § 1105a); and 308(g)(10)(H) (amending AEDPA § 440(a) and IIRIRA § 306(d)), Pub.L. 104-208, 110 Stat. 3009. Section 306(d) of the IIRIRA amended the new AEDPA by eliminating any time restrictions on the predicate offenses that may be ... |
11,575,685 | 11,960,986 | 1999-05-25 | United States District Court for the Southern District of Texas | Berlanga v. Reno | Berlanga v. Reno, 56 F. Supp. 2d 751 (1999) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_0 | criminal deportees retain some opportunity to apply for writs of habeas corpus | ”); Hincapie-Nieto, 92 F.3d at 31 (concluding that § 440(a)'s repeal of direct review is constitutional on the basis of representations by the INS that some avenue of judicial relief remains available for core constitutional concerns); Roister, 101 F.3d at 791 (same). Cf. Duldulao, 90 F.3d at 400 n. 4 (upholding § 440(... |
11,575,685 | 11,960,986 | 1999-05-25 | United States District Court for the Southern District of Texas | Berlanga v. Reno | Berlanga v. Reno, 56 F. Supp. 2d 751 (1999) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a criminal offense covered in [specified sections] | Furthermore, the Lerma de Garcia court characterized the jurisdictional issue before it to be whether there was an exception to the jurisdictional bar set forth in the IIRIRA § 309(c)(4)(G), for claims alleging "substantial constitutional violations.” The Lerma de Garcia court focused on the language of § 309(c)(4)(G)... |
11,582,642 | 11,960,986 | 1999-06-29 | United States District Court for the District of New Jersey | Caballos de Leon v. Reno | Caballos de Leon v. Reno, 58 F. Supp. 2d 463 (1999) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_2 | differ[] only trivially from that of AEDPA § 440(d).... | See Catney v. INS, 178 F.3d at 192 (3d Cir.1999); Morel v. INS, 90 F.3d 833, 837 (3d Cir.) ("Morel I"), vacated on other grounds, 144 F.3d 248 (3d Cir. 1998); Katsis v. INS, 997 F.2d 1067, 1070 (3d Cir.), cert. denied, 510 U.S. 1081, 114 S.Ct. 902, 127 L.Ed.2d 93; Francis v. INS, 532 F.2d 268, 273 (2d Cir. 1976); Matt... |
11,582,642 | 11,960,986 | 1999-06-29 | United States District Court for the District of New Jersey | Caballos de Leon v. Reno | Caballos de Leon v. Reno, 58 F. Supp. 2d 463 (1999) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a criminal offense covered in ... [Sjection 241 (a)(2)(A)(iii), (B), (C), or (D).... | See IIRIRA § 309(c)(4)(G), 110 Stat. 3009-546 (setting forth transitional rules which provide, inter alia, "there shall be no appeal of any discretionary decision under... [Sjection 212(c)” and "there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a... |
11,587,145 | 11,960,986 | 1998-12-14 | United States District Court for the District of New Jersey | Then v. Immigration & Naturalization Service | Then v. Immigration & Naturalization Service, 37 F. Supp. 2d 346 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_2 | differ! ] only trivially from that of AEDPA § 440(d) .... |
Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General....
8 U.S.C. § 1182(c) (1994 ed.)
While Se... |
11,587,145 | 11,960,986 | 1998-12-14 | United States District Court for the District of New Jersey | Then v. Immigration & Naturalization Service | Then v. Immigration & Naturalization Service, 37 F. Supp. 2d 346 (1998) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a criminal offense covered in [Sjection 241 (a)(2)(A)(iii), (B), (C), or (D).... | See IIRIRA § 309(c)(4)(G), 110 Stat. 3009-546 (setting forth transitional rules which provide, inter alia, "there shall be no appeal of any discretionary decision under ®27 [Sjection 212(c)” and “ |
11,456,282 | 11,960,986 | 2000-02-24 | United States Court of Appeals for the Fifth Circuit | Max-George v. Reno | Max-George v. Reno, 205 F.3d 194 (2000) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_0 | some opportunity to apply for a writ of habeas corpus | In 1988, Congress amended the Immigration and Nationality Act by establishing that conviction of an aggravated felony was a ground for deportation, Pub.L. 100-690, 102 Stat. 4470, 4471 (1988), and specified that this change would apply to all convictions occurring after the date of enactment, November 18, 1988. Pub.L.... |
11,451,695 | 11,960,986 | 2000-04-17 | United States Court of Appeals for the Fifth Circuit | Tuan Anh Nguyen v. Immigration & Naturalization Service | Tuan Anh Nguyen v. Immigration & Naturalization Service, 208 F.3d 528 (2000) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_4 | completely forecloses our jurisdiction to review decisions of the BIA. |
While his appeal was pending, Mr. Bou-lais instituted a paternity proceeding in a Texas district court. In February 1998, based on DNA testing results Boulais obtained an “Order of Parentage” adjudging that he is the father of Nguyen. Since the BIA’s briefing schedule called for submission of Nguyen’s brief prior to t... |
11,429,784 | 11,960,986 | 2002-11-11 | United States Court of Appeals for the Fifth Circuit | Renteria-Gonzalez v. Immigration & Naturalization Service | Renteria-Gonzalez v. Immigration & Naturalization Service, 310 F.3d 825 (2002) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_3 | whose deportation proceedings commence before IIRIRA’s general effective date of April 1, 1997, and conclude more than thirty days after its passage on September 30, 1996. | It amends the Immigration and Nationality Act (“INA”) in dozens of important but technical ways. Most importantly for this case, IIRIRA dramatically restricts judicial review of final orders of removal.
Because IIRIRA is complicated, and its jurisdictional sections especially so, we first examine the relevant sections... |
11,429,784 | 11,960,986 | 2002-11-11 | United States Court of Appeals for the Fifth Circuit | Renteria-Gonzalez v. Immigration & Naturalization Service | Renteria-Gonzalez v. Immigration & Naturalization Service, 310 F.3d 825 (2002) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | as in effect as of the date of the enactment of [IIRIRA]. | We therefore must apply the definition of “aggravated felony” in effect on September 30, 1996, to determine whether IIRIRA § 309(c)(4)(G) withdraws our jurisdiction in this ease.
Congress has amended the definition of “aggravated felony” in the INA four times since Renteria-Gonzalez’s conviction. Unlike IIRIRA, howeve... |
11,429,784 | 11,960,986 | 2002-11-11 | United States Court of Appeals for the Fifth Circuit | Renteria-Gonzalez v. Immigration & Naturalization Service | Renteria-Gonzalez v. Immigration & Naturalization Service, 310 F.3d 825 (2002) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_4 | completely forecloses our jurisdiction to review decisions of the [BIA]. | INTCA § 222(b). Thus, the older definition of "aggravated felony” still governed Renteria-Gonzalez's conviction, notwithstanding the INTCA, AEDPA, and IIR-IRA amendments.
Even if the AEDPA amendments controlled under IIRIRA § 309(c)(4)(G), however, our conclusion would be no different. AEDPA included a § 1324(a) convi... |
9,371,366 | 11,960,986 | 2002-11-11 | United States Court of Appeals for the Fifth Circuit | Renteria-Gonzalez v. Immigration & Naturalization Service | Renteria-Gonzalez v. Immigration & Naturalization Service, 322 F.3d 804 (2002) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_3 | whose deportation proceedings commence before IIRIRA’s general effective date of April 1, 1997, and conclude more than thirty days after its passage on September 30, 1996. | It amends the Immigration and Nationality Act (“INA”) in dozens of important but technical ways. Most importantly for this case, IIRIRA dramatically restricts judicial review of final orders of removal.
Because IIRIRA is complicated, and its jurisdictional sections especially so, we first examine the relevant sections... |
9,371,366 | 11,960,986 | 2002-11-11 | United States Court of Appeals for the Fifth Circuit | Renteria-Gonzalez v. Immigration & Naturalization Service | Renteria-Gonzalez v. Immigration & Naturalization Service, 322 F.3d 804 (2002) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_1 | as in effect as of the date of the enactment of [IIRIRA]. | We therefore must apply the definition of “aggravated felony” in effect on September 30, 1996, to determine whether IIRIRA § 309(c)(4)(G) withdraws our jurisdiction in this case.
Congress has amended the definition of “aggravated felony” in the INA four times since Renteria-Gonzalez’s conviction. Unlike IIRIRA, howeve... |
9,371,366 | 11,960,986 | 2002-11-11 | United States Court of Appeals for the Fifth Circuit | Renteria-Gonzalez v. Immigration & Naturalization Service | Renteria-Gonzalez v. Immigration & Naturalization Service, 322 F.3d 804 (2002) | 1997-07-02 | United States Court of Appeals for the Fifth Circuit | Nguyen v. Immigration & Naturalization Service | Nguyen v. Immigration & Naturalization Service, 117 F.3d 206 (1997) | 11960986_4 | completely forecloses our jurisdiction to review decisions of the [BIA]. | INTCA § 222(b). Thus, the older definition of "aggravated felony” still governed Renteria-Gonzalez’s conviction, notwithstanding the INTCA, AEDPA, and IIR-IRA amendments.
Even if the AEDPA amendments controlled under IIRIRA § 309(c)(4)(G), however, our conclusion would be no different. AEDPA included a § 1324(a) convi... |
3,794,361 | 553,580 | 2010-10-22 | United States Court of Appeals for the Fifth Circuit | Gene & Gene, LLC v. Biopay, LLC | Gene & Gene, LLC v. Biopay, LLC, 624 F.3d 698 (2010) | 1975-06-06 | United States Court of Appeals for the Fifth Circuit | Luhrsen v. Vantage Steamship Corp. | Luhrsen v. Vantage Steamship Corp., 514 F.2d 105 (1975) | 553580_0 | there is a complete lack of any showing that the ‘newly discovered’ evidence could not have been discovered by proper diligence. | Gene contends that it “now knows” that “an objective methodology exists to identify all class members who gave their consent” as a result of the disclosure of the database in its native format. But the screenshot printouts of the FileMaker Pro database produced in 2006 show every field needed to determine whether a pa... |
6,745,056 | 11,975,546 | 1911-07-31 | United States District Court for the Eastern District of South Carolina | The Ester | The Ester, 190 F. 216 (1911) | 1870-12 | United States District Court for the Eastern District of New York | The Elwin Kreplin | The Elwin Kreplin, 8 F. Cas. 592 (1870) | 11975546_1 | The consuls, vice consuls or commercial agents, or the'persons duly authorized to supply their places, shall have the right as such to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, witho... | ”
“The consuls, vice consuls or commercial agents, or the'persons duly authorized to supply their places, shall have the right as such to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, wi... |
3,894,993 | 11,975,546 | 1915-05-19 | United States District Court for the Southern District of Georgia | The Albergen | The Albergen, 223 F. 443 (1915) | 1870-12 | United States District Court for the Eastern District of New York | The Elwin Kreplin | The Elwin Kreplin, 8 F. Cas. 592 (1870) | 11975546_0 | to all cases of admiralty and maritime jurisdiction, |
In other words, the position of the libelant in this case is that by the-express terms of paragraph 1 of section 2 of article 3 of the Constitution of the United States the judicial power of the District Courts of the United States extends “ |
11,836,361 | 377,765 | 1998-05-01 | United States District Court for the Central District of California | California Franchise Tax Board v. Jackson (In re Jackson) | California Franchise Tax Board v. Jackson (In re Jackson), 220 B.R. 683 (1998) | 1997-05-13 | United States Bankruptcy Appellate Panel for the Ninth Circuit | California, Franchise Tax Board v. Rowley (In re Rowley) | California, Franchise Tax Board v. Rowley (In re Rowley), 208 B.R. 942 (1997) | 377765_0 | We fully agree with the reasoning and holding in Jerauld_ | In re Jerauld, 208 B.R. 183 (9th Cir. BAP 1997), appeal docketed, No. 97-55872 (9th Cir.1997); In re Rowley, 208 B.R. 942, 944 (9th Cir. BAP 1997) (“ |
4,137,860 | 4,258 | 1934-11-16 | United States District Court for the Southern District of Florida | Bankers’ Trust Co. v. Florida East Coast Ry. Co. | Bankers’ Trust Co. v. Florida East Coast Ry. Co., 8 F. Supp. 874 (1934) | 1922-08-18 | United States District Court for the Northern District of Georgia | Haverty Furniture Co. v. United States | Haverty Furniture Co. v. United States, 286 F. 985 (1922) | 4258_0 | and for each renewal of the same | ” The language which follows “ |
3,674,389 | 869,178 | 2007-10-10 | United States Bankruptcy Appellate Panel for the Tenth Circuit | In re Union Home & Industrial, Inc. | In re Union Home & Industrial, Inc., 375 B.R. 912 (2007) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_2 | [ajfter an estate is fully administered and the court has discharged the trustee, the court shall close the case. | ” Pierce, 487 U.S. at 558, 108 S.Ct. 2541.
Fortunately, the Supreme Court’s decision in Pierce does provide us with certain factors to consider in determining the appropriate standard of review. These factors include: (1) the language and structure of the governing statute; (2) whether one judicial actor is better posi... |
3,674,389 | 869,178 | 2007-10-10 | United States Bankruptcy Appellate Panel for the Tenth Circuit | In re Union Home & Industrial, Inc. | In re Union Home & Industrial, Inc., 375 B.R. 912 (2007) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_0 | [ajfter an estate is fully administered in a chapter 11 reorganization case, the court, on its own motion or on a motion of a party in interest, shall enter a final decree closing the case. | Similarly, Federal Rule of Bankruptcy Procedure 3022 provides that “ |
4,131,541 | 869,178 | 2009-11-24 | United States Bankruptcy Appellate Panel for the Eighth Circuit | Shotkoski v. Fokkena (In re Shotkoski) | Shotkoski v. Fokkena (In re Shotkoski), 420 B.R. 479 (2009) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_2 | [ajffcer an estate is fully administered and the court has discharged the trustee, the court shall close the case. | ” Id.
Hoffman v. Bullmore (In re Nat’l Warranty Ins. Risk Retention Group), 384 F.3d 959, 962 (8th Cir.2004).
DISCUSSION
We begin with a review of the applicable Code sections and Rules. Section 1141(d)(5) of the Bankruptcy Code describes the circumstances under which an individual Chapter 11 debtor may receive a disch... |
4,131,541 | 869,178 | 2009-11-24 | United States Bankruptcy Appellate Panel for the Eighth Circuit | Shotkoski v. Fokkena (In re Shotkoski) | Shotkoski v. Fokkena (In re Shotkoski), 420 B.R. 479 (2009) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_0 | [ajfter an estate is fully administered in a chapter 11 reorganization case, the court, on its own motion or on motion of a party in interest, shall enter a final decree closing the case. | Bankruptcy Rule 3022 implements § 350(a) in the Chapter 11 context by providing “ |
11,533,995 | 869,178 | 1999-09-09 | United States Bankruptcy Court for the Eastern District of New York | In re Kliegl Bros. Universal Elec. Stage Lighting | In re Kliegl Bros. Universal Elec. Stage Lighting, 238 B.R. 531 (1999) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_2 | Title 11 U.S.C. § 350(a) instructs that after an estate is fully administered and the court has discharged the trustee, the court shall close the case. |
While the motion to reopen the original Kliegl case was pending, DLNI moved in this court pursuant to Fed.R.Bankr.Proc. 1014(b) to transfer venue of the Maine case to this district. A pre-hearing order (Docket Doc. # 230) was issued directing the parties to frame issues raised by DLNI’s two motions. The motions to reo... |
11,533,995 | 869,178 | 1999-09-09 | United States Bankruptcy Court for the Eastern District of New York | In re Kliegl Bros. Universal Elec. Stage Lighting | In re Kliegl Bros. Universal Elec. Stage Lighting, 238 B.R. 531 (1999) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_0 | after an estate is fully administered in a chapter 11 reorganization case, the court, on its own motion or on motion of a party in interest, shall enter a final decree closing the case. | Fed.R.Bankr.P. 3022 provides that “ |
11,533,995 | 869,178 | 1999-09-09 | United States Bankruptcy Court for the Eastern District of New York | In re Kliegl Bros. Universal Elec. Stage Lighting | In re Kliegl Bros. Universal Elec. Stage Lighting, 238 B.R. 531 (1999) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_3 | [e]ntry of a final decree closing a chapter 11 case should not be delayed solely because the payments required by the plan have not been completed | (In re IDC Services Inc.), 1998 WL 547085, No. 97 Civ 3081(TPG), 93 B 45992(SMB) (S.D.N.Y. Aug. 28, 1998) (“the Second Circuit has not defined the term ‘fully administered’ ”), and since the entry of a final decree is essentially an administrative task, any analysis or enunciation of the standards applicable to the fi... |
11,533,995 | 869,178 | 1999-09-09 | United States Bankruptcy Court for the Eastern District of New York | In re Kliegl Bros. Universal Elec. Stage Lighting | In re Kliegl Bros. Universal Elec. Stage Lighting, 238 B.R. 531 (1999) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_1 | [t]he court should not keep the case open only because of the possibility that the court’s jurisdiction may be invoked : in the future. A final decree closing the case after the estate is fully administered does not deprive the court of jurisdiction to enforce or interpret its own orders and does not prevent the court ... | The most compelling comment in the Note advises that: “[e]ntry of a final decree closing a chapter 11 case should not be delayed solely because the payments required by the plan have not been completed” and further that
, “[t]he court should not keep the case open only because of the possibility that the court’s juris... |
11,533,995 | 869,178 | 1999-09-09 | United States Bankruptcy Court for the Eastern District of New York | In re Kliegl Bros. Universal Elec. Stage Lighting | In re Kliegl Bros. Universal Elec. Stage Lighting, 238 B.R. 531 (1999) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_0 | Final Decree in Chapter 11 Reorganization Case. |
This omission is very significant. Section 350 is entitled “Closing and Reopening cases. Fed.R.Bankr.P. 3022 is entitled “ |
11,533,995 | 869,178 | 1999-09-09 | United States Bankruptcy Court for the Eastern District of New York | In re Kliegl Bros. Universal Elec. Stage Lighting | In re Kliegl Bros. Universal Elec. Stage Lighting, 238 B.R. 531 (1999) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_2 | .. after an estate is fully administered ... | In defending his application, Gottlieb relies on case law that utilizes “substantial consummation” as an aide in determining compliance with the “fully administered” standard of § 350(a) and Rule 3022 but he does not adequately explain his failure to seek out, find and then analyze the appro priate statute or rule, or... |
11,533,995 | 869,178 | 1999-09-09 | United States Bankruptcy Court for the Eastern District of New York | In re Kliegl Bros. Universal Elec. Stage Lighting | In re Kliegl Bros. Universal Elec. Stage Lighting, 238 B.R. 531 (1999) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_4 | a court of the United States; | This will be done in three stages: 1) is the bankruptcy court “ |
11,533,995 | 869,178 | 1999-09-09 | United States Bankruptcy Court for the Eastern District of New York | In re Kliegl Bros. Universal Elec. Stage Lighting | In re Kliegl Bros. Universal Elec. Stage Lighting, 238 B.R. 531 (1999) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_4 | a court of the United States | This will be done in three stages: 1) is the bankruptcy court “ |
5,675,927 | 869,178 | 2009-03-04 | United States Bankruptcy Court for the Northern District of Indiana | In re Johnson | In re Johnson, 402 B.R. 851 (2009) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_2 | the court shall close the case | Nonetheless, the similarities in the two chapters do not make them identical and there continue to be important differences between them: differences which counsel against adopting the U.S. Trustee’s position that cases should remain open until the plan payments have been completed.
The primary weakness in the U.S. Tr... |
5,675,927 | 869,178 | 2009-03-04 | United States Bankruptcy Court for the Northern District of Indiana | In re Johnson | In re Johnson, 402 B.R. 851 (2009) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_2 | after an estate is fully administered and the court has discharged the trustee. | Section 350(a), which applies to cases under all chapters of the Bankruptcy Code, provides that “the court shall close the case” “ |
5,675,927 | 869,178 | 2009-03-04 | United States Bankruptcy Court for the Northern District of Indiana | In re Johnson | In re Johnson, 402 B.R. 851 (2009) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_0 | After an estate is fully administered in a chapter 11 reorganization case, the court ... shall enter a final decree closing the case. | Here there is no trustee to discharge, so the only question is whether the estate can be considered “fully administered. While Rule 3022 says little more than that, see, Fed. R. Bankr.P. Rule 3022 (“After an estate is fully administered in a chapter 11 reorganization case, the court... shall enter a final decree closi... |
5,675,927 | 869,178 | 2009-03-04 | United States Bankruptcy Court for the Northern District of Indiana | In re Johnson | In re Johnson, 402 B.R. 851 (2009) | 1997-03-07 | United States Bankruptcy Court for the Eastern District of Kentucky | In re Jay Bee Enterprises, Inc. | In re Jay Bee Enterprises, Inc., 207 B.R. 536 (1997) | 869178_1 | The court should not keep the case open only because of the possibility that the court’s jurisdiction may be invoked in the future. |
The nature of these considerations calls for a flexible, case-by-case evaluation of a number of procedural and practical factors. In re Union Home & Industrial, Inc., 375 B.R. 912, 917 (10th Cir. BAP 2007). In this case, they persuade the court that the estate should be considered fully administered.
Although the debt... |
57,545 | 11,955,908 | 1984-02-23 | United States Court of Appeals for the Seventh Circuit | Prairie Central Railway Co. v. Interstate Commerce Commission | Prairie Central Railway Co. v. Interstate Commerce Commission, 728 F.2d 907 (1984) | 1983-09-15 | United States Court of Appeals for the Seventh Circuit | Cisco Cooperative Grain Co. v. Interstate Commerce Commission | Cisco Cooperative Grain Co. v. Interstate Commerce Commission, 717 F.2d 401 (1983) | 11955908_0 | a reasonable interpretation of the statute. | Prairie Central has never contended that Illinois Central failed to meet the filing and publication requirements. Accordingly, the Commission granted Illinois Central’s motions to strike Prairie Central’s notices of intent to purchase.
Prairie Central has petitioned this court for review to annul the Commission decisi... |
57,545 | 11,955,908 | 1984-02-23 | United States Court of Appeals for the Seventh Circuit | Prairie Central Railway Co. v. Interstate Commerce Commission | Prairie Central Railway Co. v. Interstate Commerce Commission, 728 F.2d 907 (1984) | 1983-09-15 | United States Court of Appeals for the Seventh Circuit | Cisco Cooperative Grain Co. v. Interstate Commerce Commission | Cisco Cooperative Grain Co. v. Interstate Commerce Commission, 717 F.2d 401 (1983) | 11955908_1 | or any required preliminary filing with respect to such application | Thus, the Commission’s jurisdiction now vests whenever a railroad line is in category 1 on a system diagram map and there is an application to purchase “ |
57,545 | 11,955,908 | 1984-02-23 | United States Court of Appeals for the Seventh Circuit | Prairie Central Railway Co. v. Interstate Commerce Commission | Prairie Central Railway Co. v. Interstate Commerce Commission, 728 F.2d 907 (1984) | 1983-09-15 | United States Court of Appeals for the Seventh Circuit | Cisco Cooperative Grain Co. v. Interstate Commerce Commission | Cisco Cooperative Grain Co. v. Interstate Commerce Commission, 717 F.2d 401 (1983) | 11955908_2 | read literally, the statutory requirement of removal from the carrier’s system diagram map could only occur when the carrier actually abandoned a line and ceased to operate it. | Thus, the Commission’s jurisdiction now vests whenever a railroad line is in category 1 on a system diagram map and there is an application to purchase “or any required preliminary filing with respect to such application” filed before the owner of the lines files an application to abandon. 49 U.S.C. § 10910(b)(l)(A)(i... |
57,545 | 11,955,908 | 1984-02-23 | United States Court of Appeals for the Seventh Circuit | Prairie Central Railway Co. v. Interstate Commerce Commission | Prairie Central Railway Co. v. Interstate Commerce Commission, 728 F.2d 907 (1984) | 1983-09-15 | United States Court of Appeals for the Seventh Circuit | Cisco Cooperative Grain Co. v. Interstate Commerce Commission | Cisco Cooperative Grain Co. v. Interstate Commerce Commission, 717 F.2d 401 (1983) | 11955908_2 | removal from the system diagram map | 717 F.2d at 405. A footnote indicates, however, that the court did not de cide whether “ |
1,111,648 | 616,202 | 1975-08-18 | United States Temporary Emergency Court of Appeals | Spinetti v. Atlantic Richfield Co. | Spinetti v. Atlantic Richfield Co., 522 F.2d 1401 (1975) | 1975-06-20 | United States Temporary Emergency Court of Appeals | Gulf Oil Corp. v. Federal Energy Administration | Gulf Oil Corp. v. Federal Energy Administration, 521 F.2d 810 (1975) | 616202_0 | [S]ection 211(d)(2) of the Economic Stabilization Act of 1970, as amended, 12 U.S.C. § 1904 note, which defines our appellate jurisdiction, does not permit an appeal of right to this court from an order granting or denying a preliminary injunction. | ” (3 CCH Energy Management at p. 26,175.) “ |
974,966 | 616,202 | 1976-10-29 | United States Temporary Emergency Court of Appeals | Spinetti v. Atlantic Richfield Co. | Spinetti v. Atlantic Richfield Co., 552 F.2d 927 (1976) | 1975-06-20 | United States Temporary Emergency Court of Appeals | Gulf Oil Corp. v. Federal Energy Administration | Gulf Oil Corp. v. Federal Energy Administration, 521 F.2d 810 (1975) | 616202_0 | [S]ection 211(d)(2) of the Economic Stabilization Act of 1970, as amended, 12 U.S.C. § 1904 note, which defines our appellate jurisdiction, does not permit an appeal of right to this court from an order granting or denying a preliminary injunction. | Under FRAP 5, to appeal an interlocutory order certified by the district court pursuant to § 1292(b), a petition for permission to appeal must be filed with the clerk of the court of appeals within 10 days after the entry of the order. The time for filing a petition for permission to appeal may not be enlarged under F... |
10,527,887 | 1,310,349 | 1988-08-15 | United States Court of Appeals for the Seventh Circuit | Harrison v. Commissioner | Harrison v. Commissioner, 854 F.2d 263 (1988) | 1988-02-09 | United States Court of Appeals for the Sixth Circuit | Mearkle v. Commissioner | Mearkle v. Commissioner, 838 F.2d 880 (1988) | 1310349_2 | which he knew, or should have known, was patently invalid | ” Id. at 836.
Although the Harrisons apparently did not refuse to extend the statute of limitations, the Tax Court found that the IRS did not receive their consent form. Therefore, the government acted reasonably in attempting to preserve its right to conduct a full investigation before making a final determination on ... |
10,527,887 | 1,310,349 | 1988-08-15 | United States Court of Appeals for the Seventh Circuit | Harrison v. Commissioner | Harrison v. Commissioner, 854 F.2d 263 (1988) | 1988-02-09 | United States Court of Appeals for the Sixth Circuit | Mearkle v. Commissioner | Mearkle v. Commissioner, 838 F.2d 880 (1988) | 1310349_0 | establishes that the position of the United States in the civil proceeding was not substantially justified. | CONCLUSION
The Harrisons have failed to demonstrate that the IRS took an unreasonable position either before or during litigation of their claim. Therefore, we affirm the Tax Court’s denial of litigation costs to the Har-risons under section 7430.
Affirmed.
1
. The IRS would no longer be able to assess a deficiency ag... |
7,412,625 | 1,310,349 | 1995-06-20 | United States Court of Appeals for the Fifth Circuit | Nalle v. Commissioner | Nalle v. Commissioner, 55 F.3d 189 (1995) | 1988-02-09 | United States Court of Appeals for the Sixth Circuit | Mearkle v. Commissioner | Mearkle v. Commissioner, 838 F.2d 880 (1988) | 1310349_2 | the Commissioner cannot be said to have reasonably relied upon a proposed regulation which he knew, or should have known, was patently invalid | Accordingly, while the Commissioner’s use of legislative history may have been " 'the equivalent of entering a crowded cocktail party and looking over the heads of the guests for one's friends,'” Nalle I, 997 F.2d at 1137 (quoting Conroy v. Aniskoff,-U.S.-,-, 113 S.Ct. 1562, 1567, 123 L.Ed.2d 229 (1993)), the legislat... |
7,412,625 | 1,310,349 | 1995-06-20 | United States Court of Appeals for the Fifth Circuit | Nalle v. Commissioner | Nalle v. Commissioner, 55 F.3d 189 (1995) | 1988-02-09 | United States Court of Appeals for the Sixth Circuit | Mearkle v. Commissioner | Mearkle v. Commissioner, 838 F.2d 880 (1988) | 1310349_3 | the Commissioner could thwart the intent of Congress through the device of promulgating a proposed regulation which has no reasonable support in the unambiguous statute upon which it is said to be based, but instead, is manifestly in conflict with that statute | See Mearkle, 838 F.2d at 883 (rejecting position under which " |
3,768,791 | 1,310,349 | 1992-10-06 | United States District Court for the Southern District of New York | United States v. Davis | United States v. Davis, 803 F. Supp. 830 (1992) | 1988-02-09 | United States Court of Appeals for the Sixth Circuit | Mearkle v. Commissioner | Mearkle v. Commissioner, 838 F.2d 880 (1988) | 1310349_1 | [P]roposed regulations are not entitled to the same deference as are final regulations. In the instance of a proposed regulation, the promulgating agency has not had the benefit of administrative hearings or of comments from interested persons concerning the advisability of modifying the proposed regulation or adopting... | Thus, analogously, even though MarAd was not bound by the price agreement until the Maritime Subsidy Board approved GD’s CDS application, the record was for support purposes in all respects complete, and the mere lack of formal Board approval did not in any way affect QSD’s duty to update its proposal support.
Besides... |
624,356 | 11,233 | 1998-09-30 | United States District Court for the District of South Dakota | Calhoon v. Sell | Calhoon v. Sell, 71 F. Supp. 2d 990 (1998) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_0 | any Act of Congress or treaty | “And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void* * *.” The Secretary did not even attempt to describe the grant or convey... |
624,356 | 11,233 | 1998-09-30 | United States District Court for the District of South Dakota | Calhoon v. Sell | Calhoon v. Sell, 71 F. Supp. 2d 990 (1998) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_0 | of any civil action involving the right of any person * * * to any allotment of land * * *. | This suit involves the rights of persons of Indian blood or descent to allotments of land under “any Act of Congress or treaty” and jurisdiction thus exists under 28 U.S.C. § 1353. This section is a recodification of the jurisdictional portion of 25 U.S.C. § 345 and it is the latter section upon which most courts have... |
675,222 | 11,233 | 1985-03-12 | United States Court of Appeals for the Ninth Circuit | Christensen v. United States | Christensen v. United States, 755 F.2d 705 (1985) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_3 | every civil action commenced against the United States, | Standard of Review
In reviewing a grant of summary judgment, we decide whether there exists any material disputed fact and whether the substantive law was correctly applied. Amaro v. Continental Can Co., 724 F.2d 747, 749 (9th Cir.1984). The parties do not contest the fact that the appellants’ cause of action accrued ... |
348,883 | 11,233 | 1985-07-31 | United States Court of Appeals for the Ninth Circuit | Big Spring v. United States | Big Spring v. United States, 767 F.2d 614 (1985) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_3 | every civil action commenced against the United States, | Christensen, 755 F.2d at 707 (suit for right of way over federal land to landlocked allotment); Loring v. United States, 610 F.2d 649, 650 (9th Cir.1979) (inverse condemnation of allotted lands); United States v. Pierce, 235 F.2d 885, 888-89 (9th Cir.1956) (suit to compel allotment of land and appurtenant water rights... |
1,825,514 | 11,233 | 1988-11-29 | United States Court of Appeals for the Ninth Circuit | Pinkham v. Lewiston Orchards Irrigation District | Pinkham v. Lewiston Orchards Irrigation District, 862 F.2d 184 (1988) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_4 | gave rise to rights appurtenant to the allotted lands, | United States v. Mottaz, 476 U.S. 834, 845, 106 S.Ct. 2224, 2231, 90 L.Ed.2d 841 (1986) (quoting Scholder v. United States, 428 F.2d 1123, 1129 (9th Cir.), cert. denied, 400 U.S. 942, 91 S.Ct. 240, 27 L.Ed.2d 246 (1970)); see also Christensen v. United States, 755 F.2d 705, 707 (9th Cir.1985), cert. denied, 476 U.S. 1... |
1,825,514 | 11,233 | 1988-11-29 | United States Court of Appeals for the Ninth Circuit | Pinkham v. Lewiston Orchards Irrigation District | Pinkham v. Lewiston Orchards Irrigation District, 862 F.2d 184 (1988) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_6 | to entertain an action brought to preserve these rights. | Because such provisions “gave rise to rights appurtenant to the allotted lands,” federal jurisdiction under sections 345 and 1353 existed “ |
3,620,154 | 11,233 | 1983-12-15 | United States District Court for the District of Nevada | Christensen v. United States | Christensen v. United States, 575 F. Supp. 735 (1983) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_1 | who claim to have been unlawfully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully entitled by virtue of any Act of Congress | ORDER
EDWARD C. REED, Jr., District Judge.
Defendants have moved pursuant to Fed. R.Civ.P. 12(c) for judgment on the pleadings denying Plaintiffs all the relief they have sought against Defendants in this case.
Plaintiffs, according to the complaint, are American Indians and the surviving heirs of Katie Martinez, decea... |
3,657,050 | 11,233 | 1984-04-23 | United States District Court for the District of Nevada | Christensen v. United States | Christensen v. United States, 583 F. Supp. 1539 (1984) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_3 | ... every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues. |
The defendants have moved for summary judgment on the grounds that the action is barred by the applicable statute of limitations and that the complaint fails to state a claim upon which relief can be granted against them.
In 1933, the United States granted a trust allotment to Katie Martinez, a Wash oe Indian. The gra... |
122,905 | 11,233 | 1988-05-03 | United States District Court for the District of Montana | Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Indian Reservation v. United States | Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Indian Reservation v. United States, 686 F. Supp. 831 (1988) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_3 | every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues. | The essence of the Tribes’ position lies in their assertion that where there exists an Indian tribe that represents the interests of the aboriginal tribe who owned the lands, the taking of which by the United States necessitated the entry of a judgment for monetary compensation by the Indian Claims Commission, only th... |
10,536,081 | 11,233 | 1988-06-14 | United States Court of Appeals for the Ninth Circuit | Morongo Band of Mission Indians v. California State Board of Equalization | Morongo Band of Mission Indians v. California State Board of Equalization, 858 F.2d 1376 (1988) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_0 | jurisdiction of any civil action involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any Act of Congress or treaty. | Similarly, 28 U.S.C. § 1353 confers the district courts with “ |
1,643,475 | 11,233 | 1987-01-15 | United States Court of Appeals for the Eighth Circuit | Nichols v. Rysavy | Nichols v. Rysavy, 809 F.2d 1317 (1987) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_0 | involving the right of any person, in whole or in part of Indian blood or descent, to any allotment under any law or treaty, | The government sold the land to the United States Forest Service, allegedly without her consent, pursuant to 25 U.S.C. § 483, which allowed the Secretary of the Interior “upon application of the Indian owners * * * to approve conveyances, with respect to lands or interests in lands held by individual Indians * * She s... |
1,643,475 | 11,233 | 1987-01-15 | United States Court of Appeals for the Eighth Circuit | Nichols v. Rysavy | Nichols v. Rysavy, 809 F.2d 1317 (1987) | 1979-12-17 | United States Court of Appeals for the Ninth Circuit | Loring v. United States | Loring v. United States, 610 F.2d 649 (1979) | 11233_5 | ‘the interests and rights of the Indian in his allotment or patent after he has acquired it’ | Section 345 thus contemplates two types of suits involving allotments: suits seeking the issuance of an allotment * * * and suits involving “ |
End of preview. Expand in Data Studio
LePaRD is a massive collection of U.S. federal judicial citations to precedent in context. LePaRD builds on millions of expert decisions by extracting quotations to precedents from judicial opinions along with the preceding context. Each row of the dataset corresponds to a quoted passage from prior case law used in a certain context.
The distribution of passage citation frequency is long tailed, a small number of passages appear thousands of times in the data while many are cited just once of twice. As a result, the passage retrieval task becomes harder as we consider more data.
We provide four versions of LePaRD:
- top_10000_data.csv.gz: Contains the data corresponding to the 10,000 most cited passages
- top_20000_data.csv.gz: Contains the data corresponding to the 20,000 most cited passages
- top_50000_data.csv.gz: Contains the data corresponding to the 50,000 most cited passages
- all_data.csv.gz: Contains data associated with all passages.
Each row of LePaRD contains the following features:
- passage_id: A unique identifier for each passage
- destination_context: The preceding context before the quotation
- quote: The text of the passage that was quoted
- court: The court from which the passage originated
- date: The date when the opinion from which the passage originated was published
Passage_ids are mapped to the passage text in passage_dict.json. Note that multiple slightly different quotes can map to the same passage as judges will sometimes cite different parts of the same sentence.
In the vocabulary of information retrieval, the destination_context can be seen as a query, and the predicted passage_id (or the actual text of a passage in passage_dict.json) can be seen as the targets.
LePaRD was created by Mahari et al.. More information on using LePaRD and a replication package for our paper can be found in the LePaRD Github Repo.
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