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Witnesses are absolutely immune for the testimony they provide in the course of a judicial proceeding or an adjudication before an administrative agency.
{ "signal": "see also", "identifier": "25 F.3d 83, 83", "parenthetical": "holding that while witnesses enjoy absolute immunity for their actions in testifying they are not immune for extra-judicial actions such as an alleged conspiracy to present false testimony", "sentence": "Malachowski, 787 F.2d at 712; see also Dory, 25 F.3d at 83 (holding that while witnesses enjoy absolute immunity for their actions in testifying they are not immune for extra-judicial actions such as an alleged conspiracy to present false testimony)." }
{ "signal": "but see", "identifier": "17 F.3d 1263, 1267", "parenthetical": "applying absolute immunity not only to allegations of perjury but to claims alleging a conspiracy to present perjured testimony", "sentence": "But see Hunt v. Bennett, 17 F.3d 1263, 1267 (10th Cir.1994) (applying absolute immunity not only to allegations of perjury but to claims alleging a conspiracy to present perjured testimony)." }
11,529,769
a
We exercise de novo review over a district court's decision to grant full faith and credit to a foreign judgment.
{ "signal": "see", "identifier": "489 F.2d 661, 662-63", "parenthetical": "conducting a de novo review in determining the enforceability of a foreign judgment", "sentence": "See Barrows v. Barrows, 489 F.2d 661, 662-63 (3d Cir.1974) (conducting a de novo review in determining the enforceability of a foreign judgment); see also Diorinou v. Mezitis, 237 F.3d 133, 139 (2d Cir.2001) (collecting cases and noting that “domestic courts have not clearly articulated the standard of appellate review of the decision whether to enforce [a] foreign judgment, but appear to be applying a de novo standard”)." }
{ "signal": "see also", "identifier": "237 F.3d 133, 139", "parenthetical": "collecting cases and noting that \"domestic courts have not clearly articulated the standard of appellate review of the decision whether to enforce [a] foreign judgment, but appear to be applying a de novo standard\"", "sentence": "See Barrows v. Barrows, 489 F.2d 661, 662-63 (3d Cir.1974) (conducting a de novo review in determining the enforceability of a foreign judgment); see also Diorinou v. Mezitis, 237 F.3d 133, 139 (2d Cir.2001) (collecting cases and noting that “domestic courts have not clearly articulated the standard of appellate review of the decision whether to enforce [a] foreign judgment, but appear to be applying a de novo standard”)." }
3,821,705
a
We do not, at this time, reach the merits of the issues raised by Palmer, because we hold that our jurisdiction over this premature appeal has not yet been established. See Tuck v. United Servs.
{ "signal": "no signal", "identifier": "859 F.2d 842, 844", "parenthetical": "recognizing federal court's duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking", "sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking), cert. denied, - U.S. -, 109 S.Ct. 1534, 103 L.Ed.2d 839 (1989); see, e.g., In re Watson, 884 F.2d 879, 879-80 (5th Cir.1989) (same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. § 158(d) is questioned)." }
{ "signal": "see", "identifier": "884 F.2d 879, 879-80", "parenthetical": "same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. SS 158(d", "sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking), cert. denied, - U.S. -, 109 S.Ct. 1534, 103 L.Ed.2d 839 (1989); see, e.g., In re Watson, 884 F.2d 879, 879-80 (5th Cir.1989) (same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. § 158(d) is questioned)." }
11,644,198
a
We do not, at this time, reach the merits of the issues raised by Palmer, because we hold that our jurisdiction over this premature appeal has not yet been established. See Tuck v. United Servs.
{ "signal": "no signal", "identifier": null, "parenthetical": "recognizing federal court's duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking", "sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking), cert. denied, - U.S. -, 109 S.Ct. 1534, 103 L.Ed.2d 839 (1989); see, e.g., In re Watson, 884 F.2d 879, 879-80 (5th Cir.1989) (same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. § 158(d) is questioned)." }
{ "signal": "see", "identifier": "884 F.2d 879, 879-80", "parenthetical": "same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. SS 158(d", "sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking), cert. denied, - U.S. -, 109 S.Ct. 1534, 103 L.Ed.2d 839 (1989); see, e.g., In re Watson, 884 F.2d 879, 879-80 (5th Cir.1989) (same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. § 158(d) is questioned)." }
11,644,198
a
We do not, at this time, reach the merits of the issues raised by Palmer, because we hold that our jurisdiction over this premature appeal has not yet been established. See Tuck v. United Servs.
{ "signal": "no signal", "identifier": null, "parenthetical": "recognizing federal court's duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking", "sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking), cert. denied, - U.S. -, 109 S.Ct. 1534, 103 L.Ed.2d 839 (1989); see, e.g., In re Watson, 884 F.2d 879, 879-80 (5th Cir.1989) (same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. § 158(d) is questioned)." }
{ "signal": "see", "identifier": "884 F.2d 879, 879-80", "parenthetical": "same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. SS 158(d", "sentence": "Auto. Ass’n, 859 F.2d 842, 844 (10th Cir. 1988) (recognizing federal court’s duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking), cert. denied, - U.S. -, 109 S.Ct. 1534, 103 L.Ed.2d 839 (1989); see, e.g., In re Watson, 884 F.2d 879, 879-80 (5th Cir.1989) (same principle applied where bankruptcy appellate jurisdiction under 28 U.S.C. § 158(d) is questioned)." }
11,644,198
a
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices.
{ "signal": "see also", "identifier": "317 U.S. 537, 544-45", "parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government\"", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
{ "signal": "no signal", "identifier": "261 F.3d 827, 827", "parenthetical": "doctor caused false claims to be submitted to Medicare where he instructed his clinic's billing service to put false information on Medicare claims", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
9,218,018
b
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices.
{ "signal": "no signal", "identifier": "261 F.3d 827, 827", "parenthetical": "doctor caused false claims to be submitted to Medicare where he instructed his clinic's billing service to put false information on Medicare claims", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
{ "signal": "see also", "identifier": null, "parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government\"", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
9,218,018
a
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices.
{ "signal": "see also", "identifier": null, "parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government\"", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
{ "signal": "no signal", "identifier": "261 F.3d 827, 827", "parenthetical": "doctor caused false claims to be submitted to Medicare where he instructed his clinic's billing service to put false information on Medicare claims", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
9,218,018
b
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices.
{ "signal": "see also", "identifier": "317 U.S. 537, 544-45", "parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government\"", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
{ "signal": "no signal", "identifier": "111 F.3d 943, 943", "parenthetical": "defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
9,218,018
b
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices.
{ "signal": "see also", "identifier": null, "parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government\"", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
{ "signal": "no signal", "identifier": "111 F.3d 943, 943", "parenthetical": "defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
9,218,018
b
To "cause" the presentation of false claims under the FCA, some degree of participation in the claims process is required. As defendants acknowledge, actually delegating the submission of claims to one who then files a false claim suffices.
{ "signal": "see also", "identifier": null, "parenthetical": "construing earlier version of FCA to reach \"any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government\"", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
{ "signal": "no signal", "identifier": "111 F.3d 943, 943", "parenthetical": "defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them", "sentence": "Mackby, 261 F.3d at 827 (doctor caused false claims to be submitted to Medicare where he instructed his clinic’s billing service to put false information on Medicare claims); Krizek, 111 F.3d at 943 (defendant liable where he delegated to his wife authority to submit claims on his .behalf and did not review them); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 544-45, 63 S.Ct. 379, 87 L.Ed. 443 (1943) (construing earlier version of FCA to reach “any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government”)." }
9,218,018
b
R., Vol. 2, at 11. Based on Officer Holloway's on-the-job experience and training -- including having made "roughly ten to [fifteen] actual arrests" in crimes involving PCP, id. -- he knew immediately upon making contact with the driver that PCP was probably inside the vehicle. At that point, considering the totality of the circumstances, it is beyond peradventure that Officer Holloway had reasonable, articulable suspicion that further criminal conduct was occurring.
{ "signal": "see also", "identifier": "376 F.3d 577, 586", "parenthetical": "noting that \"detection of the odor of PCP emanating from [the defendant's] person gave the officers the authority to detain [him] temporarily to determine his identity\"", "sentence": "See United States v. Hill, 199 F.3d 1143, 1148 (10th Cir.1999) (“Deputy Justice had[ ] ... reasonable suspicion that criminal activity was occurring based upon the PCP smell emanating from [the defendant’s] bag.”); see also United States v. Foster, 376 F.3d 577, 586 (6th Cir.2004) (noting that “detection of the odor of PCP emanating from [the defendant’s] person gave the officers the authority to detain [him] temporarily to determine his identity”)." }
{ "signal": "see", "identifier": "199 F.3d 1143, 1148", "parenthetical": "\"Deputy Justice had[ ] ... reasonable suspicion that criminal activity was occurring based upon the PCP smell emanating from [the defendant's] bag.\"", "sentence": "See United States v. Hill, 199 F.3d 1143, 1148 (10th Cir.1999) (“Deputy Justice had[ ] ... reasonable suspicion that criminal activity was occurring based upon the PCP smell emanating from [the defendant’s] bag.”); see also United States v. Foster, 376 F.3d 577, 586 (6th Cir.2004) (noting that “detection of the odor of PCP emanating from [the defendant’s] person gave the officers the authority to detain [him] temporarily to determine his identity”)." }
3,736,231
b
Haaf also contends that Pennsylvania recognizes a cause of action for the negligent procurement of criminal proceedings.
{ "signal": "see also", "identifier": null, "parenthetical": "upholding a verdict against defendant for negligently causing plaintiff's arrest and subsequent five day incarceration after plaintiff had followed defendant's erroneous instructions regarding local tax laws", "sentence": "See Motheral v. Burkhart, 400 Pa.Super. 408, 583 A.2d 1180 (1990) (noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings); see also Little v. York County Earned Income Tax Bureau, 333 Pa.Super. 8, 481 A.2d 1194 (1984) (upholding a verdict against defendant for negligently causing plaintiff’s arrest and subsequent five day incarceration after plaintiff had followed defendant’s erroneous instructions regarding local tax laws)." }
{ "signal": "see", "identifier": null, "parenthetical": "noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings", "sentence": "See Motheral v. Burkhart, 400 Pa.Super. 408, 583 A.2d 1180 (1990) (noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings); see also Little v. York County Earned Income Tax Bureau, 333 Pa.Super. 8, 481 A.2d 1194 (1984) (upholding a verdict against defendant for negligently causing plaintiff’s arrest and subsequent five day incarceration after plaintiff had followed defendant’s erroneous instructions regarding local tax laws)." }
940,021
b
Haaf also contends that Pennsylvania recognizes a cause of action for the negligent procurement of criminal proceedings.
{ "signal": "see", "identifier": null, "parenthetical": "noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings", "sentence": "See Motheral v. Burkhart, 400 Pa.Super. 408, 583 A.2d 1180 (1990) (noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings); see also Little v. York County Earned Income Tax Bureau, 333 Pa.Super. 8, 481 A.2d 1194 (1984) (upholding a verdict against defendant for negligently causing plaintiff’s arrest and subsequent five day incarceration after plaintiff had followed defendant’s erroneous instructions regarding local tax laws)." }
{ "signal": "see also", "identifier": null, "parenthetical": "upholding a verdict against defendant for negligently causing plaintiff's arrest and subsequent five day incarceration after plaintiff had followed defendant's erroneous instructions regarding local tax laws", "sentence": "See Motheral v. Burkhart, 400 Pa.Super. 408, 583 A.2d 1180 (1990) (noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings); see also Little v. York County Earned Income Tax Bureau, 333 Pa.Super. 8, 481 A.2d 1194 (1984) (upholding a verdict against defendant for negligently causing plaintiff’s arrest and subsequent five day incarceration after plaintiff had followed defendant’s erroneous instructions regarding local tax laws)." }
940,021
a
Haaf also contends that Pennsylvania recognizes a cause of action for the negligent procurement of criminal proceedings.
{ "signal": "see also", "identifier": null, "parenthetical": "upholding a verdict against defendant for negligently causing plaintiff's arrest and subsequent five day incarceration after plaintiff had followed defendant's erroneous instructions regarding local tax laws", "sentence": "See Motheral v. Burkhart, 400 Pa.Super. 408, 583 A.2d 1180 (1990) (noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings); see also Little v. York County Earned Income Tax Bureau, 333 Pa.Super. 8, 481 A.2d 1194 (1984) (upholding a verdict against defendant for negligently causing plaintiff’s arrest and subsequent five day incarceration after plaintiff had followed defendant’s erroneous instructions regarding local tax laws)." }
{ "signal": "see", "identifier": null, "parenthetical": "noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings", "sentence": "See Motheral v. Burkhart, 400 Pa.Super. 408, 583 A.2d 1180 (1990) (noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings); see also Little v. York County Earned Income Tax Bureau, 333 Pa.Super. 8, 481 A.2d 1194 (1984) (upholding a verdict against defendant for negligently causing plaintiff’s arrest and subsequent five day incarceration after plaintiff had followed defendant’s erroneous instructions regarding local tax laws)." }
940,021
b
Haaf also contends that Pennsylvania recognizes a cause of action for the negligent procurement of criminal proceedings.
{ "signal": "see also", "identifier": null, "parenthetical": "upholding a verdict against defendant for negligently causing plaintiff's arrest and subsequent five day incarceration after plaintiff had followed defendant's erroneous instructions regarding local tax laws", "sentence": "See Motheral v. Burkhart, 400 Pa.Super. 408, 583 A.2d 1180 (1990) (noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings); see also Little v. York County Earned Income Tax Bureau, 333 Pa.Super. 8, 481 A.2d 1194 (1984) (upholding a verdict against defendant for negligently causing plaintiff’s arrest and subsequent five day incarceration after plaintiff had followed defendant’s erroneous instructions regarding local tax laws)." }
{ "signal": "see", "identifier": null, "parenthetical": "noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings", "sentence": "See Motheral v. Burkhart, 400 Pa.Super. 408, 583 A.2d 1180 (1990) (noting that, in order for a plaintiff to prevail in such an action, he/she would have to allege a duty owed, a breach of the duty, and a causal relationship between the negligence and the bringing of criminal proceedings); see also Little v. York County Earned Income Tax Bureau, 333 Pa.Super. 8, 481 A.2d 1194 (1984) (upholding a verdict against defendant for negligently causing plaintiff’s arrest and subsequent five day incarceration after plaintiff had followed defendant’s erroneous instructions regarding local tax laws)." }
940,021
b
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal.
{ "signal": "see also", "identifier": "548 U.S. 521, 528-30", "parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
{ "signal": "see", "identifier": "482 U.S. 78, 89-91", "parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
4,004,973
b
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal.
{ "signal": "see also", "identifier": null, "parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
{ "signal": "see", "identifier": "482 U.S. 78, 89-91", "parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
4,004,973
b
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal.
{ "signal": "see also", "identifier": null, "parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
{ "signal": "see", "identifier": "482 U.S. 78, 89-91", "parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
4,004,973
b
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal.
{ "signal": "see also", "identifier": "548 U.S. 521, 528-30", "parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
{ "signal": "see", "identifier": null, "parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
4,004,973
b
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal.
{ "signal": "see", "identifier": null, "parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
{ "signal": "see also", "identifier": null, "parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
4,004,973
a
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal.
{ "signal": "see also", "identifier": null, "parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
{ "signal": "see", "identifier": null, "parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
4,004,973
b
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal.
{ "signal": "see also", "identifier": "548 U.S. 521, 528-30", "parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
{ "signal": "see", "identifier": null, "parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
4,004,973
b
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal.
{ "signal": "see also", "identifier": null, "parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
{ "signal": "see", "identifier": null, "parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
4,004,973
b
The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendants' actions were not reasonably related to a legitimate correctional goal.
{ "signal": "see", "identifier": null, "parenthetical": "setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
{ "signal": "see also", "identifier": null, "parenthetical": "courts should accord prison officials deference when analyzing the constitutional validity of prison regulations", "sentence": "See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations)." }
4,004,973
a
Accordingly, the Court will not address them. Even if these allegations were included in the complaint, the Court notes that the plaintiff does not allege any harm arising from alleged violations of ERISA reporting procedures and he has not shown any indication that he detrimentally relied or was prejudiced by any violations.
{ "signal": "see also", "identifier": "951 F.2d 739, 743", "parenthetical": "employer's failure to comply with ERISA's reporting procedures excused because no showing of bad faith or active concealment", "sentence": "See Govoni, 732 F.2d at 252 (collecting cases requiring reliance and prejudice to entitle employees to monetary relief for employer’s procedural violations of ERISA); see also Kreutzer v. A.O. Smith Corp., 951 F.2d 739, 743 (7th Cir.1991) (employer’s failure to comply with ERISA’s reporting procedures excused because no showing of bad faith or active concealment)." }
{ "signal": "see", "identifier": "732 F.2d 252, 252", "parenthetical": "collecting cases requiring reliance and prejudice to entitle employees to monetary relief for employer's procedural violations of ERISA", "sentence": "See Govoni, 732 F.2d at 252 (collecting cases requiring reliance and prejudice to entitle employees to monetary relief for employer’s procedural violations of ERISA); see also Kreutzer v. A.O. Smith Corp., 951 F.2d 739, 743 (7th Cir.1991) (employer’s failure to comply with ERISA’s reporting procedures excused because no showing of bad faith or active concealment)." }
1,586,813
b
150 Because, under these cireum-stances, the initial aggressor, combat by agreement, and provocation concepts were superfluous and, as such, neither imposed any extra burden on defendant nor interfered with his self-defense theory, there is no reasonable possibility that their inclusion in the instruction contributed to his conviction. Consequently the error was not plain.
{ "signal": "see", "identifier": "852 P.2d 1307, 1307", "parenthetical": "inclusion of an unnecessary instruction did not require reversal because it \"did not pose any barrier to the jury giving full consideration to the defendant's theory of defense\"", "sentence": "See Baca, 852 P.2d at 1307 (inclusion of an unnecessary instruction did not require reversal because it \"did not pose any barrier to the jury giving full consideration to the defendant's theory of defense\"); see also People v. Manzanares, 942 P.2d 1235, 1241 (Colo.App.1996) (where there was no evidence that the defendant initiated the fight and the prosecutor did not mention the instruction in closing argument, unwarranted initial aggressor instruction was harmless)." }
{ "signal": "see also", "identifier": "942 P.2d 1235, 1241", "parenthetical": "where there was no evidence that the defendant initiated the fight and the prosecutor did not mention the instruction in closing argument, unwarranted initial aggressor instruction was harmless", "sentence": "See Baca, 852 P.2d at 1307 (inclusion of an unnecessary instruction did not require reversal because it \"did not pose any barrier to the jury giving full consideration to the defendant's theory of defense\"); see also People v. Manzanares, 942 P.2d 1235, 1241 (Colo.App.1996) (where there was no evidence that the defendant initiated the fight and the prosecutor did not mention the instruction in closing argument, unwarranted initial aggressor instruction was harmless)." }
6,970,897
a
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have adopted the conjunctive reading.
{ "signal": "no signal", "identifier": "321 F.3d 429, 433", "parenthetical": "presenting in-depth analysis of the plain meaning and legislative history of SS 802(32", "sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the plain meaning and legislative history of § 802(32)(A)); United States v. Klecker, 348 F.3d 69, 71 (4th Cir.2003) (adopting the conjunctive reading); United States v. Washam, 312 F.3d 926, 930 n. 2 (8th Cir.2002) (adopting the conjunctive reading); United States v. McKinney, 79 F.3d 105, 107-08 (8th Cir.1996), vacated on other grounds, 520 U.S. 1226, 117 S.Ct. 1816, 137 L.Ed.2d 1025 (1997) (presenting the test in the conjunctive without further elaboration); United States v. Brown, 279 F.Supp.2d at 1240 (S.D.Ala.2003) (adopting the conjunctive reading); United States v. Vickery, 199 F.Supp.2d at 1371 (N.D.Ga.2002) (same); United States v. Clifford, 197 F.Supp.2d at 519-20. (E.D.Va.2002) (same); United States v. Forbes, 806 F.Supp. 232, 235 (D.Colo.1992) (reviewing the Act’s legislative history and asserting that the conjunctive reading is required to prevent absurd results)." }
{ "signal": "see also", "identifier": "363 F.3d 118, 121", "parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading", "sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctive reading), The only arguable exceptions are United States v. Fisher, 289 F.3d 1329, 1338 (11th Cir.2002), in which the Eleventh Circuit expressly declined to decide the issue, and United States v. Granberry, 916 F.2d 1008, 1010 (5th Cir.1990), in which the Fifth Circuit recited the test in the disjunctive without discussion or elaboration." }
9,010,642
a
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have adopted the conjunctive reading.
{ "signal": "no signal", "identifier": "321 F.3d 429, 433", "parenthetical": "presenting in-depth analysis of the plain meaning and legislative history of SS 802(32", "sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the plain meaning and legislative history of § 802(32)(A)); United States v. Klecker, 348 F.3d 69, 71 (4th Cir.2003) (adopting the conjunctive reading); United States v. Washam, 312 F.3d 926, 930 n. 2 (8th Cir.2002) (adopting the conjunctive reading); United States v. McKinney, 79 F.3d 105, 107-08 (8th Cir.1996), vacated on other grounds, 520 U.S. 1226, 117 S.Ct. 1816, 137 L.Ed.2d 1025 (1997) (presenting the test in the conjunctive without further elaboration); United States v. Brown, 279 F.Supp.2d at 1240 (S.D.Ala.2003) (adopting the conjunctive reading); United States v. Vickery, 199 F.Supp.2d at 1371 (N.D.Ga.2002) (same); United States v. Clifford, 197 F.Supp.2d at 519-20. (E.D.Va.2002) (same); United States v. Forbes, 806 F.Supp. 232, 235 (D.Colo.1992) (reviewing the Act’s legislative history and asserting that the conjunctive reading is required to prevent absurd results)." }
{ "signal": "see also", "identifier": "289 F.3d 1329, 1338", "parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading", "sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctive reading), The only arguable exceptions are United States v. Fisher, 289 F.3d 1329, 1338 (11th Cir.2002), in which the Eleventh Circuit expressly declined to decide the issue, and United States v. Granberry, 916 F.2d 1008, 1010 (5th Cir.1990), in which the Fifth Circuit recited the test in the disjunctive without discussion or elaboration." }
9,010,642
a
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have adopted the conjunctive reading.
{ "signal": "no signal", "identifier": "321 F.3d 429, 433", "parenthetical": "presenting in-depth analysis of the plain meaning and legislative history of SS 802(32", "sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the plain meaning and legislative history of § 802(32)(A)); United States v. Klecker, 348 F.3d 69, 71 (4th Cir.2003) (adopting the conjunctive reading); United States v. Washam, 312 F.3d 926, 930 n. 2 (8th Cir.2002) (adopting the conjunctive reading); United States v. McKinney, 79 F.3d 105, 107-08 (8th Cir.1996), vacated on other grounds, 520 U.S. 1226, 117 S.Ct. 1816, 137 L.Ed.2d 1025 (1997) (presenting the test in the conjunctive without further elaboration); United States v. Brown, 279 F.Supp.2d at 1240 (S.D.Ala.2003) (adopting the conjunctive reading); United States v. Vickery, 199 F.Supp.2d at 1371 (N.D.Ga.2002) (same); United States v. Clifford, 197 F.Supp.2d at 519-20. (E.D.Va.2002) (same); United States v. Forbes, 806 F.Supp. 232, 235 (D.Colo.1992) (reviewing the Act’s legislative history and asserting that the conjunctive reading is required to prevent absurd results)." }
{ "signal": "see also", "identifier": "916 F.2d 1008, 1010", "parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading", "sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctive reading), The only arguable exceptions are United States v. Fisher, 289 F.3d 1329, 1338 (11th Cir.2002), in which the Eleventh Circuit expressly declined to decide the issue, and United States v. Granberry, 916 F.2d 1008, 1010 (5th Cir.1990), in which the Fifth Circuit recited the test in the disjunctive without discussion or elaboration." }
9,010,642
a
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have adopted the conjunctive reading.
{ "signal": "see also", "identifier": "363 F.3d 118, 121", "parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading", "sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctive reading), The only arguable exceptions are United States v. Fisher, 289 F.3d 1329, 1338 (11th Cir.2002), in which the Eleventh Circuit expressly declined to decide the issue, and United States v. Granberry, 916 F.2d 1008, 1010 (5th Cir.1990), in which the Fifth Circuit recited the test in the disjunctive without discussion or elaboration." }
{ "signal": "no signal", "identifier": "806 F.Supp. 232, 235", "parenthetical": "reviewing the Act's legislative history and asserting that the conjunctive reading is required to prevent absurd results", "sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the plain meaning and legislative history of § 802(32)(A)); United States v. Klecker, 348 F.3d 69, 71 (4th Cir.2003) (adopting the conjunctive reading); United States v. Washam, 312 F.3d 926, 930 n. 2 (8th Cir.2002) (adopting the conjunctive reading); United States v. McKinney, 79 F.3d 105, 107-08 (8th Cir.1996), vacated on other grounds, 520 U.S. 1226, 117 S.Ct. 1816, 137 L.Ed.2d 1025 (1997) (presenting the test in the conjunctive without further elaboration); United States v. Brown, 279 F.Supp.2d at 1240 (S.D.Ala.2003) (adopting the conjunctive reading); United States v. Vickery, 199 F.Supp.2d at 1371 (N.D.Ga.2002) (same); United States v. Clifford, 197 F.Supp.2d at 519-20. (E.D.Va.2002) (same); United States v. Forbes, 806 F.Supp. 232, 235 (D.Colo.1992) (reviewing the Act’s legislative history and asserting that the conjunctive reading is required to prevent absurd results)." }
9,010,642
b
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have adopted the conjunctive reading.
{ "signal": "no signal", "identifier": "806 F.Supp. 232, 235", "parenthetical": "reviewing the Act's legislative history and asserting that the conjunctive reading is required to prevent absurd results", "sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the plain meaning and legislative history of § 802(32)(A)); United States v. Klecker, 348 F.3d 69, 71 (4th Cir.2003) (adopting the conjunctive reading); United States v. Washam, 312 F.3d 926, 930 n. 2 (8th Cir.2002) (adopting the conjunctive reading); United States v. McKinney, 79 F.3d 105, 107-08 (8th Cir.1996), vacated on other grounds, 520 U.S. 1226, 117 S.Ct. 1816, 137 L.Ed.2d 1025 (1997) (presenting the test in the conjunctive without further elaboration); United States v. Brown, 279 F.Supp.2d at 1240 (S.D.Ala.2003) (adopting the conjunctive reading); United States v. Vickery, 199 F.Supp.2d at 1371 (N.D.Ga.2002) (same); United States v. Clifford, 197 F.Supp.2d at 519-20. (E.D.Va.2002) (same); United States v. Forbes, 806 F.Supp. 232, 235 (D.Colo.1992) (reviewing the Act’s legislative history and asserting that the conjunctive reading is required to prevent absurd results)." }
{ "signal": "see also", "identifier": "289 F.3d 1329, 1338", "parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading", "sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctive reading), The only arguable exceptions are United States v. Fisher, 289 F.3d 1329, 1338 (11th Cir.2002), in which the Eleventh Circuit expressly declined to decide the issue, and United States v. Granberry, 916 F.2d 1008, 1010 (5th Cir.1990), in which the Fifth Circuit recited the test in the disjunctive without discussion or elaboration." }
9,010,642
a
The word "which" in the beginning of clauses (ii) and (iii) could be construed to refer either to "substance" in the preface of the definition (favoring a disjunctive reading) or to "chemical structure" in clause (i) (favoring a conjunctive reading). Yet the vast majority of federal courts to confront this issue have adopted the conjunctive reading.
{ "signal": "no signal", "identifier": "806 F.Supp. 232, 235", "parenthetical": "reviewing the Act's legislative history and asserting that the conjunctive reading is required to prevent absurd results", "sentence": "United States v. Hodge, 321 F.3d 429, 433 (3d Cir.2003) (presenting in-depth analysis of the plain meaning and legislative history of § 802(32)(A)); United States v. Klecker, 348 F.3d 69, 71 (4th Cir.2003) (adopting the conjunctive reading); United States v. Washam, 312 F.3d 926, 930 n. 2 (8th Cir.2002) (adopting the conjunctive reading); United States v. McKinney, 79 F.3d 105, 107-08 (8th Cir.1996), vacated on other grounds, 520 U.S. 1226, 117 S.Ct. 1816, 137 L.Ed.2d 1025 (1997) (presenting the test in the conjunctive without further elaboration); United States v. Brown, 279 F.Supp.2d at 1240 (S.D.Ala.2003) (adopting the conjunctive reading); United States v. Vickery, 199 F.Supp.2d at 1371 (N.D.Ga.2002) (same); United States v. Clifford, 197 F.Supp.2d at 519-20. (E.D.Va.2002) (same); United States v. Forbes, 806 F.Supp. 232, 235 (D.Colo.1992) (reviewing the Act’s legislative history and asserting that the conjunctive reading is required to prevent absurd results)." }
{ "signal": "see also", "identifier": "916 F.2d 1008, 1010", "parenthetical": "briefly surveying the relevant precedents and accepting the conjunctive reading", "sentence": "See also United States v. Roberts, 363 F.3d 118, 121 (2d Cir.2004) (briefly surveying the relevant precedents and accepting the conjunctive reading), The only arguable exceptions are United States v. Fisher, 289 F.3d 1329, 1338 (11th Cir.2002), in which the Eleventh Circuit expressly declined to decide the issue, and United States v. Granberry, 916 F.2d 1008, 1010 (5th Cir.1990), in which the Fifth Circuit recited the test in the disjunctive without discussion or elaboration." }
9,010,642
a
Title VII specifically requires a federal employee to exhaust his administrative remedies as a precondition to filing suit. Brown v. General Servs.
{ "signal": "see also", "identifier": "628 F.2d 1208, 1211", "parenthetical": "Title VII \"contemplates the invocation of administrative remedies as a condition precedent to litigation\" by a federal employee", "sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.”); see also Cooper v. Bell, 628 F.2d 1208, 1211 (9th Cir.1980) (Title VII “contemplates the invocation of administrative remedies as a condition precedent to litigation” by a federal employee) (citing Brown)." }
{ "signal": "no signal", "identifier": "425 U.S. 820, 832", "parenthetical": "\"Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.\"", "sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.”); see also Cooper v. Bell, 628 F.2d 1208, 1211 (9th Cir.1980) (Title VII “contemplates the invocation of administrative remedies as a condition precedent to litigation” by a federal employee) (citing Brown)." }
10,525,765
b
Title VII specifically requires a federal employee to exhaust his administrative remedies as a precondition to filing suit. Brown v. General Servs.
{ "signal": "no signal", "identifier": "96 S.Ct. 1961, 1961, 1965", "parenthetical": "\"Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.\"", "sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.”); see also Cooper v. Bell, 628 F.2d 1208, 1211 (9th Cir.1980) (Title VII “contemplates the invocation of administrative remedies as a condition precedent to litigation” by a federal employee) (citing Brown)." }
{ "signal": "see also", "identifier": "628 F.2d 1208, 1211", "parenthetical": "Title VII \"contemplates the invocation of administrative remedies as a condition precedent to litigation\" by a federal employee", "sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.”); see also Cooper v. Bell, 628 F.2d 1208, 1211 (9th Cir.1980) (Title VII “contemplates the invocation of administrative remedies as a condition precedent to litigation” by a federal employee) (citing Brown)." }
10,525,765
a
Title VII specifically requires a federal employee to exhaust his administrative remedies as a precondition to filing suit. Brown v. General Servs.
{ "signal": "see also", "identifier": "628 F.2d 1208, 1211", "parenthetical": "Title VII \"contemplates the invocation of administrative remedies as a condition precedent to litigation\" by a federal employee", "sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.”); see also Cooper v. Bell, 628 F.2d 1208, 1211 (9th Cir.1980) (Title VII “contemplates the invocation of administrative remedies as a condition precedent to litigation” by a federal employee) (citing Brown)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "\"Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.\"", "sentence": "Admin., 425 U.S. 820, 832, 96 S.Ct. at 1961, 1965, 48 L.Ed.2d 402 (1976) (“Initially, the complainant must seek relief in the agency that has allegedly discriminated against him.”); see also Cooper v. Bell, 628 F.2d 1208, 1211 (9th Cir.1980) (Title VII “contemplates the invocation of administrative remedies as a condition precedent to litigation” by a federal employee) (citing Brown)." }
10,525,765
b
Based on the current record, it appears that any use of interstate communications was not a regular part of Plaintiffs duties. In addition, this Court must note that the Amended Complaint makes no mention of Plaintiffs alleged "interstate" communications, and Plaintiff has not attached an affidavit or other materials that would support her claim that she regularly spoke to vendors and processed credit card payments.
{ "signal": "cf.", "identifier": "448 F.3d 1264, 1267-68", "parenthetical": "holding that an employee who used his company's credit card failed to adduce enough evidence to avoid the defendant's Rule 50 motion on his FLSA claims", "sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants); cf. Thorne v. All Restoration Servs., Inc., 448 F.3d 1264, 1267-68, 2006 WL 1228863, at *3 (11th Cir.2006) (holding that an employee who used his company’s credit card failed to adduce enough evidence to avoid the defendant’s Rule 50 motion on his FLSA claims); Kitchings v. Florida United Methodist Children’s Home, Inc., 393 F.Supp.2d 1282, 1293 (M.D.Fla.2005) (holding that the plaintiffs were not covered by the FLSA by virtue of the plaintiffs’ purchase of items at local stores using their employer’s credit card)." }
{ "signal": "see", "identifier": "2005 WL 2385724, at *4", "parenthetical": "holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants", "sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants); cf. Thorne v. All Restoration Servs., Inc., 448 F.3d 1264, 1267-68, 2006 WL 1228863, at *3 (11th Cir.2006) (holding that an employee who used his company’s credit card failed to adduce enough evidence to avoid the defendant’s Rule 50 motion on his FLSA claims); Kitchings v. Florida United Methodist Children’s Home, Inc., 393 F.Supp.2d 1282, 1293 (M.D.Fla.2005) (holding that the plaintiffs were not covered by the FLSA by virtue of the plaintiffs’ purchase of items at local stores using their employer’s credit card)." }
6,046,257
b
Based on the current record, it appears that any use of interstate communications was not a regular part of Plaintiffs duties. In addition, this Court must note that the Amended Complaint makes no mention of Plaintiffs alleged "interstate" communications, and Plaintiff has not attached an affidavit or other materials that would support her claim that she regularly spoke to vendors and processed credit card payments.
{ "signal": "see", "identifier": "2005 WL 2385724, at *4", "parenthetical": "holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants", "sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants); cf. Thorne v. All Restoration Servs., Inc., 448 F.3d 1264, 1267-68, 2006 WL 1228863, at *3 (11th Cir.2006) (holding that an employee who used his company’s credit card failed to adduce enough evidence to avoid the defendant’s Rule 50 motion on his FLSA claims); Kitchings v. Florida United Methodist Children’s Home, Inc., 393 F.Supp.2d 1282, 1293 (M.D.Fla.2005) (holding that the plaintiffs were not covered by the FLSA by virtue of the plaintiffs’ purchase of items at local stores using their employer’s credit card)." }
{ "signal": "cf.", "identifier": "2006 WL 1228863, at *3", "parenthetical": "holding that an employee who used his company's credit card failed to adduce enough evidence to avoid the defendant's Rule 50 motion on his FLSA claims", "sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants); cf. Thorne v. All Restoration Servs., Inc., 448 F.3d 1264, 1267-68, 2006 WL 1228863, at *3 (11th Cir.2006) (holding that an employee who used his company’s credit card failed to adduce enough evidence to avoid the defendant’s Rule 50 motion on his FLSA claims); Kitchings v. Florida United Methodist Children’s Home, Inc., 393 F.Supp.2d 1282, 1293 (M.D.Fla.2005) (holding that the plaintiffs were not covered by the FLSA by virtue of the plaintiffs’ purchase of items at local stores using their employer’s credit card)." }
6,046,257
a
Based on the current record, it appears that any use of interstate communications was not a regular part of Plaintiffs duties. In addition, this Court must note that the Amended Complaint makes no mention of Plaintiffs alleged "interstate" communications, and Plaintiff has not attached an affidavit or other materials that would support her claim that she regularly spoke to vendors and processed credit card payments.
{ "signal": "cf.", "identifier": "393 F.Supp.2d 1282, 1293", "parenthetical": "holding that the plaintiffs were not covered by the FLSA by virtue of the plaintiffs' purchase of items at local stores using their employer's credit card", "sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants); cf. Thorne v. All Restoration Servs., Inc., 448 F.3d 1264, 1267-68, 2006 WL 1228863, at *3 (11th Cir.2006) (holding that an employee who used his company’s credit card failed to adduce enough evidence to avoid the defendant’s Rule 50 motion on his FLSA claims); Kitchings v. Florida United Methodist Children’s Home, Inc., 393 F.Supp.2d 1282, 1293 (M.D.Fla.2005) (holding that the plaintiffs were not covered by the FLSA by virtue of the plaintiffs’ purchase of items at local stores using their employer’s credit card)." }
{ "signal": "see", "identifier": "2005 WL 2385724, at *4", "parenthetical": "holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants", "sentence": "See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants); cf. Thorne v. All Restoration Servs., Inc., 448 F.3d 1264, 1267-68, 2006 WL 1228863, at *3 (11th Cir.2006) (holding that an employee who used his company’s credit card failed to adduce enough evidence to avoid the defendant’s Rule 50 motion on his FLSA claims); Kitchings v. Florida United Methodist Children’s Home, Inc., 393 F.Supp.2d 1282, 1293 (M.D.Fla.2005) (holding that the plaintiffs were not covered by the FLSA by virtue of the plaintiffs’ purchase of items at local stores using their employer’s credit card)." }
6,046,257
b
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil sanctions with burdens much more onerous than those at issue here.
{ "signal": "no signal", "identifier": null, "parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
{ "signal": "see also", "identifier": null, "parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
11,116,442
a
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil sanctions with burdens much more onerous than those at issue here.
{ "signal": "see also", "identifier": null, "parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
11,116,442
b
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil sanctions with burdens much more onerous than those at issue here.
{ "signal": "no signal", "identifier": null, "parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
{ "signal": "see also", "identifier": null, "parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
11,116,442
a
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil sanctions with burdens much more onerous than those at issue here.
{ "signal": "see also", "identifier": null, "parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
11,116,442
b
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil sanctions with burdens much more onerous than those at issue here.
{ "signal": "no signal", "identifier": null, "parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
{ "signal": "see also", "identifier": null, "parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
11,116,442
a
Other Factors None of the other Mendoza-Martinez factors supports a finding that the CT-SORA is punitive in fact. The burdens of registration and ongoing address verification are not the type of affirmative disability or restraint suggestive of a punitive sanction. As Doe pointed out, the Supreme Court has upheld civil sanctions with burdens much more onerous than those at issue here.
{ "signal": "no signal", "identifier": null, "parenthetical": "upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
{ "signal": "see also", "identifier": null, "parenthetical": "rejecting an \"as applied\" challenge to Washington's civil commitment statute", "sentence": "Doe, 120 F.3d at 1279 (citing, inter alia, Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997) (upholding involuntary civil commitment sanction against an Ex Post Facto Clause challenge)); see also Seling v. Young, — U.S. -, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001) (rejecting an “as applied” challenge to Washington’s civil commitment statute)." }
11,116,442
a
In short, there is nothing in the record that shows that this internal investigation materially altered Officer Lewis' employment at all. Nor could Officer Lewis' counsel cite a single case that held that the mere participation in an internal investigation-standing alone-was an adverse employment action. Indeed, case law on this subject holds precisely the opposite.
{ "signal": "see", "identifier": "388 F.3d 984, 988", "parenthetical": "employee put on paid administrative leave pending the outcome of an internal investigation, who was restored to her position upon the termination of the investigation, suffered no adverse employment action", "sentence": "See, e.g., Peltier v. United States, 388 F.3d 984, 988 (6th Cir.2004) (employee put on paid administrative leave pending the outcome of an internal investigation, who was restored to her position upon the termination of the investigation, suffered no adverse employment action); O’Dell v. Trans World Entm’t Corp., 153 F.Supp.2d 378, 396 (S.D.N.Y.2001) (\"[A]n alleged deficiency in an employer’s internal complaint procedure or internal investigation of a sexual harassment complaint'— even if the deficiency is little more than an attempt to strengthen an employer’s defense-is not a retaliatory adverse employment action.”)." }
{ "signal": "cf.", "identifier": "285 F.3d 705, 715", "parenthetical": "an internal investigation is no adverse employment action where employee \"suffered no material disadvantage in a term or condition of employment as a result of the investigations\" in First Amendment Retaliation context", "sentence": "Cf. Jones v. Fitzgerald, 285 F.3d 705, 715 (8th Cir.2002) (an internal investigation is no adverse employment action where employee “suffered no material disadvantage in a term or condition of employment as a result of the investigations” in First Amendment Retaliation context); Benningfield v. City of Houston, 157 F.3d 369, 376 (5th Cir.1998) (same); Richards v. State of Connecticut Dep’t of Corr., 349 F.Supp.2d 278, 289-90 (D.Conn.2004) (same)." }
4,067,493
a
In short, there is nothing in the record that shows that this internal investigation materially altered Officer Lewis' employment at all. Nor could Officer Lewis' counsel cite a single case that held that the mere participation in an internal investigation-standing alone-was an adverse employment action. Indeed, case law on this subject holds precisely the opposite.
{ "signal": "see", "identifier": "153 F.Supp.2d 378, 396", "parenthetical": "\"[A]n alleged deficiency in an employer's internal complaint procedure or internal investigation of a sexual harassment complaint'-- even if the deficiency is little more than an attempt to strengthen an employer's defense-is not a retaliatory adverse employment action.\"", "sentence": "See, e.g., Peltier v. United States, 388 F.3d 984, 988 (6th Cir.2004) (employee put on paid administrative leave pending the outcome of an internal investigation, who was restored to her position upon the termination of the investigation, suffered no adverse employment action); O’Dell v. Trans World Entm’t Corp., 153 F.Supp.2d 378, 396 (S.D.N.Y.2001) (\"[A]n alleged deficiency in an employer’s internal complaint procedure or internal investigation of a sexual harassment complaint'— even if the deficiency is little more than an attempt to strengthen an employer’s defense-is not a retaliatory adverse employment action.”)." }
{ "signal": "cf.", "identifier": "285 F.3d 705, 715", "parenthetical": "an internal investigation is no adverse employment action where employee \"suffered no material disadvantage in a term or condition of employment as a result of the investigations\" in First Amendment Retaliation context", "sentence": "Cf. Jones v. Fitzgerald, 285 F.3d 705, 715 (8th Cir.2002) (an internal investigation is no adverse employment action where employee “suffered no material disadvantage in a term or condition of employment as a result of the investigations” in First Amendment Retaliation context); Benningfield v. City of Houston, 157 F.3d 369, 376 (5th Cir.1998) (same); Richards v. State of Connecticut Dep’t of Corr., 349 F.Supp.2d 278, 289-90 (D.Conn.2004) (same)." }
4,067,493
a
Defendant cites several cases in support of its argument that the City is absolutely immune from civil liability in this action. These cases are inapposite, however, since they hold that the city officials are immune, but do not deal with the liability of the municipality itself.
{ "signal": "see", "identifier": null, "parenthetical": "members of municipal council acting in legislative capacity are absolutely immune from damages suits under SS 1983", "sentence": "See, e.g., Aitchison v. Raffiani, 708 F.2d 96 (3rd Cir.1983) (members of municipal council acting in legislative capacity are absolutely immune from damages suits under § 1983); Espanola Way Corp. v. Meyerson, 690 F.2d 827 (11th Cir.1982) (city commissioners absolutely immune for legislative acts), cert. denied, 460 U.S. 1039, 103 S.Ct. 1431, 75 L.Ed.2d 791 (1983); Bruce v. Riddle, 631 F.2d 272 (4th Cir.1980) (council members, as individuals, have absolute immunity in passing ordinances); Gorman Towers, Inc. v. Bogoslavsky, 626 F.2d 607 (8th Cir.1980) (state and regional legislators have absolute federal common law immunity from liability for damages occasioned by their legislative acts)." }
{ "signal": "but see", "identifier": null, "parenthetical": "members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county", "sentence": "But see Reed v. Village of Shorewood, 704 F.2d 943 (7th Cir.1983) (municipal officers are absolutely immune when acting in legislative capacity; municipality itself is liable when agents act pursuant to established policy or custom); Kuzinich v. County of Santa Clara, 689 F.2d 1345 (9th Cir.1982) (members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county); Hernandez v. City of Lafayette, 643 F.2d 1188 (5th Cir.1981) (local legislators, including mayor, are entitled to absolute immunity from suit under § 1983 for conduct in the furtherance of their duties; city itself, however, is not immune), cert. denied, 455 U.S. 907, 102 S.Ct. 1251, 71 L.Ed.2d 444 (1982)." }
7,400,731
a
Defendant cites several cases in support of its argument that the City is absolutely immune from civil liability in this action. These cases are inapposite, however, since they hold that the city officials are immune, but do not deal with the liability of the municipality itself.
{ "signal": "see", "identifier": null, "parenthetical": "council members, as individuals, have absolute immunity in passing ordinances", "sentence": "See, e.g., Aitchison v. Raffiani, 708 F.2d 96 (3rd Cir.1983) (members of municipal council acting in legislative capacity are absolutely immune from damages suits under § 1983); Espanola Way Corp. v. Meyerson, 690 F.2d 827 (11th Cir.1982) (city commissioners absolutely immune for legislative acts), cert. denied, 460 U.S. 1039, 103 S.Ct. 1431, 75 L.Ed.2d 791 (1983); Bruce v. Riddle, 631 F.2d 272 (4th Cir.1980) (council members, as individuals, have absolute immunity in passing ordinances); Gorman Towers, Inc. v. Bogoslavsky, 626 F.2d 607 (8th Cir.1980) (state and regional legislators have absolute federal common law immunity from liability for damages occasioned by their legislative acts)." }
{ "signal": "but see", "identifier": null, "parenthetical": "members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county", "sentence": "But see Reed v. Village of Shorewood, 704 F.2d 943 (7th Cir.1983) (municipal officers are absolutely immune when acting in legislative capacity; municipality itself is liable when agents act pursuant to established policy or custom); Kuzinich v. County of Santa Clara, 689 F.2d 1345 (9th Cir.1982) (members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county); Hernandez v. City of Lafayette, 643 F.2d 1188 (5th Cir.1981) (local legislators, including mayor, are entitled to absolute immunity from suit under § 1983 for conduct in the furtherance of their duties; city itself, however, is not immune), cert. denied, 455 U.S. 907, 102 S.Ct. 1251, 71 L.Ed.2d 444 (1982)." }
7,400,731
a
Defendant cites several cases in support of its argument that the City is absolutely immune from civil liability in this action. These cases are inapposite, however, since they hold that the city officials are immune, but do not deal with the liability of the municipality itself.
{ "signal": "see", "identifier": null, "parenthetical": "state and regional legislators have absolute federal common law immunity from liability for damages occasioned by their legislative acts", "sentence": "See, e.g., Aitchison v. Raffiani, 708 F.2d 96 (3rd Cir.1983) (members of municipal council acting in legislative capacity are absolutely immune from damages suits under § 1983); Espanola Way Corp. v. Meyerson, 690 F.2d 827 (11th Cir.1982) (city commissioners absolutely immune for legislative acts), cert. denied, 460 U.S. 1039, 103 S.Ct. 1431, 75 L.Ed.2d 791 (1983); Bruce v. Riddle, 631 F.2d 272 (4th Cir.1980) (council members, as individuals, have absolute immunity in passing ordinances); Gorman Towers, Inc. v. Bogoslavsky, 626 F.2d 607 (8th Cir.1980) (state and regional legislators have absolute federal common law immunity from liability for damages occasioned by their legislative acts)." }
{ "signal": "but see", "identifier": null, "parenthetical": "members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county", "sentence": "But see Reed v. Village of Shorewood, 704 F.2d 943 (7th Cir.1983) (municipal officers are absolutely immune when acting in legislative capacity; municipality itself is liable when agents act pursuant to established policy or custom); Kuzinich v. County of Santa Clara, 689 F.2d 1345 (9th Cir.1982) (members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county); Hernandez v. City of Lafayette, 643 F.2d 1188 (5th Cir.1981) (local legislators, including mayor, are entitled to absolute immunity from suit under § 1983 for conduct in the furtherance of their duties; city itself, however, is not immune), cert. denied, 455 U.S. 907, 102 S.Ct. 1251, 71 L.Ed.2d 444 (1982)." }
7,400,731
a
We cannot agree. Jurors are presumed to follow jury instructions but are not presumed to follow the law as recited by counsel during closing argument.
{ "signal": "see", "identifier": "581 N.E.2d 1233, 1237", "parenthetical": "holding that it is presumed that the jury obeyed the trial court's instructions", "sentence": "See Chandler v. State, 581 N.E.2d 1233, 1237 (Ind.1991) (holding that it is presumed that the jury obeyed the trial court’s instructions); Hudgins v. State, 451 N.E.2d 1087, 1091 (Ind.1983) (holding that “[a]ny misstatements of law during closing argument are presumed cured by final instruction”); Barnes v. State, 435 N.E.2d 235, 242 (Ind.1982) (same); see also Gray v. Lynn, 6 F.3d 265, 271 (5th Cir.1993) (rejecting an argument that a Spradlin-like instructional error was harmless because both parties argued during closing that the State was required to prove intent to kill, reasoning that “we cannot conclude that the jurors ignored the court’s erroneous instructions and chose, instead, to apply the law as stated correctly by counsel”). Consequently, this argument must fail." }
{ "signal": "see also", "identifier": "6 F.3d 265, 271", "parenthetical": "rejecting an argument that a Spradlin-like instructional error was harmless because both parties argued during closing that the State was required to prove intent to kill, reasoning that \"we cannot conclude that the jurors ignored the court's erroneous instructions and chose, instead, to apply the law as stated correctly by counsel\"", "sentence": "See Chandler v. State, 581 N.E.2d 1233, 1237 (Ind.1991) (holding that it is presumed that the jury obeyed the trial court’s instructions); Hudgins v. State, 451 N.E.2d 1087, 1091 (Ind.1983) (holding that “[a]ny misstatements of law during closing argument are presumed cured by final instruction”); Barnes v. State, 435 N.E.2d 235, 242 (Ind.1982) (same); see also Gray v. Lynn, 6 F.3d 265, 271 (5th Cir.1993) (rejecting an argument that a Spradlin-like instructional error was harmless because both parties argued during closing that the State was required to prove intent to kill, reasoning that “we cannot conclude that the jurors ignored the court’s erroneous instructions and chose, instead, to apply the law as stated correctly by counsel”). Consequently, this argument must fail." }
8,209,754
a
We cannot agree. Jurors are presumed to follow jury instructions but are not presumed to follow the law as recited by counsel during closing argument.
{ "signal": "see", "identifier": "451 N.E.2d 1087, 1091", "parenthetical": "holding that \"[a]ny misstatements of law during closing argument are presumed cured by final instruction\"", "sentence": "See Chandler v. State, 581 N.E.2d 1233, 1237 (Ind.1991) (holding that it is presumed that the jury obeyed the trial court’s instructions); Hudgins v. State, 451 N.E.2d 1087, 1091 (Ind.1983) (holding that “[a]ny misstatements of law during closing argument are presumed cured by final instruction”); Barnes v. State, 435 N.E.2d 235, 242 (Ind.1982) (same); see also Gray v. Lynn, 6 F.3d 265, 271 (5th Cir.1993) (rejecting an argument that a Spradlin-like instructional error was harmless because both parties argued during closing that the State was required to prove intent to kill, reasoning that “we cannot conclude that the jurors ignored the court’s erroneous instructions and chose, instead, to apply the law as stated correctly by counsel”). Consequently, this argument must fail." }
{ "signal": "see also", "identifier": "6 F.3d 265, 271", "parenthetical": "rejecting an argument that a Spradlin-like instructional error was harmless because both parties argued during closing that the State was required to prove intent to kill, reasoning that \"we cannot conclude that the jurors ignored the court's erroneous instructions and chose, instead, to apply the law as stated correctly by counsel\"", "sentence": "See Chandler v. State, 581 N.E.2d 1233, 1237 (Ind.1991) (holding that it is presumed that the jury obeyed the trial court’s instructions); Hudgins v. State, 451 N.E.2d 1087, 1091 (Ind.1983) (holding that “[a]ny misstatements of law during closing argument are presumed cured by final instruction”); Barnes v. State, 435 N.E.2d 235, 242 (Ind.1982) (same); see also Gray v. Lynn, 6 F.3d 265, 271 (5th Cir.1993) (rejecting an argument that a Spradlin-like instructional error was harmless because both parties argued during closing that the State was required to prove intent to kill, reasoning that “we cannot conclude that the jurors ignored the court’s erroneous instructions and chose, instead, to apply the law as stated correctly by counsel”). Consequently, this argument must fail." }
8,209,754
a
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "no signal", "identifier": null, "parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"", "sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on “virtually every aspect of forest management”); see also White Mountain Apache Tribe, 537 U.S. at 475, 123 S.Ct. 1126 (finding specific fiduciary duties to maintain and preserve property that is “actually administered]” in trust). But where the relevant statute cannot be fairly read as imposing the specific fiduciary duty alleged to be breached, the Court has refused to impose the obligation on the government." }
{ "signal": "see also", "identifier": "537 U.S. 475, 475", "parenthetical": "finding specific fiduciary duties to maintain and preserve property that is \"actually administered]\" in trust", "sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on “virtually every aspect of forest management”); see also White Mountain Apache Tribe, 537 U.S. at 475, 123 S.Ct. 1126 (finding specific fiduciary duties to maintain and preserve property that is “actually administered]” in trust). But where the relevant statute cannot be fairly read as imposing the specific fiduciary duty alleged to be breached, the Court has refused to impose the obligation on the government." }
4,256,041
a
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "no signal", "identifier": null, "parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"", "sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on “virtually every aspect of forest management”); see also White Mountain Apache Tribe, 537 U.S. at 475, 123 S.Ct. 1126 (finding specific fiduciary duties to maintain and preserve property that is “actually administered]” in trust). But where the relevant statute cannot be fairly read as imposing the specific fiduciary duty alleged to be breached, the Court has refused to impose the obligation on the government." }
{ "signal": "see also", "identifier": null, "parenthetical": "finding specific fiduciary duties to maintain and preserve property that is \"actually administered]\" in trust", "sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on “virtually every aspect of forest management”); see also White Mountain Apache Tribe, 537 U.S. at 475, 123 S.Ct. 1126 (finding specific fiduciary duties to maintain and preserve property that is “actually administered]” in trust). But where the relevant statute cannot be fairly read as imposing the specific fiduciary duty alleged to be breached, the Court has refused to impose the obligation on the government." }
4,256,041
a
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "no signal", "identifier": null, "parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"", "sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on “virtually every aspect of forest management”); see also White Mountain Apache Tribe, 537 U.S. at 475, 123 S.Ct. 1126 (finding specific fiduciary duties to maintain and preserve property that is “actually administered]” in trust). But where the relevant statute cannot be fairly read as imposing the specific fiduciary duty alleged to be breached, the Court has refused to impose the obligation on the government." }
{ "signal": "see", "identifier": "537 U.S. 507, 507-13", "parenthetical": "finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
4,256,041
a
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "see", "identifier": null, "parenthetical": "finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"", "sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on “virtually every aspect of forest management”); see also White Mountain Apache Tribe, 537 U.S. at 475, 123 S.Ct. 1126 (finding specific fiduciary duties to maintain and preserve property that is “actually administered]” in trust). But where the relevant statute cannot be fairly read as imposing the specific fiduciary duty alleged to be breached, the Court has refused to impose the obligation on the government." }
4,256,041
b
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "see", "identifier": null, "parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"", "sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on “virtually every aspect of forest management”); see also White Mountain Apache Tribe, 537 U.S. at 475, 123 S.Ct. 1126 (finding specific fiduciary duties to maintain and preserve property that is “actually administered]” in trust). But where the relevant statute cannot be fairly read as imposing the specific fiduciary duty alleged to be breached, the Court has refused to impose the obligation on the government." }
4,256,041
b
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "no signal", "identifier": null, "parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"", "sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on “virtually every aspect of forest management”); see also White Mountain Apache Tribe, 537 U.S. at 475, 123 S.Ct. 1126 (finding specific fiduciary duties to maintain and preserve property that is “actually administered]” in trust). But where the relevant statute cannot be fairly read as imposing the specific fiduciary duty alleged to be breached, the Court has refused to impose the obligation on the government." }
{ "signal": "see", "identifier": "131 S.Ct. 2313, 2329-30", "parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
4,256,041
a
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "see", "identifier": null, "parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"", "sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on “virtually every aspect of forest management”); see also White Mountain Apache Tribe, 537 U.S. at 475, 123 S.Ct. 1126 (finding specific fiduciary duties to maintain and preserve property that is “actually administered]” in trust). But where the relevant statute cannot be fairly read as imposing the specific fiduciary duty alleged to be breached, the Court has refused to impose the obligation on the government." }
4,256,041
b
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "no signal", "identifier": null, "parenthetical": "finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on \"virtually every aspect of forest management\"", "sentence": "Mitchell, 463 U.S. at 226, 103 S.Ct. 2961; id. at 220, 103 S.Ct. 2961 (finding specific fiduciary duties of timber management in light of a statutory and regulatory'scheme creating obligations on “virtually every aspect of forest management”); see also White Mountain Apache Tribe, 537 U.S. at 475, 123 S.Ct. 1126 (finding specific fiduciary duties to maintain and preserve property that is “actually administered]” in trust). But where the relevant statute cannot be fairly read as imposing the specific fiduciary duty alleged to be breached, the Court has refused to impose the obligation on the government." }
{ "signal": "see also", "identifier": "782 F.3d 668, 668-71", "parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
4,256,041
a
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "see also", "identifier": "782 F.3d 668, 668-71", "parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
{ "signal": "see", "identifier": "537 U.S. 507, 507-13", "parenthetical": "finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
4,256,041
b
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "see", "identifier": null, "parenthetical": "finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
{ "signal": "see also", "identifier": "782 F.3d 668, 668-71", "parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
4,256,041
a
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "see also", "identifier": "782 F.3d 668, 668-71", "parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
{ "signal": "see", "identifier": null, "parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
4,256,041
b
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "see", "identifier": "131 S.Ct. 2313, 2329-30", "parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
{ "signal": "see also", "identifier": "782 F.3d 668, 668-71", "parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
4,256,041
a
The Supreme Court has found that some "statutes and regulations ... clearly establish fiduciary obligations of the Government."
{ "signal": "see", "identifier": null, "parenthetical": "finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
{ "signal": "see also", "identifier": "782 F.3d 668, 668-71", "parenthetical": "finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation", "sentence": "See Navajo Nation I, 537 U.S. at 507-13, 123 S.Ct. 1079 (finding no specific fiduciary duties to ensure a specific rate of return on coal leases or to proscribe ex parte communications in an administrative appeal process); United States v. Jicarilla Apache Nation, 564 U.S. 162, 131 S.Ct. 2313, 2329-30, 180 L.Ed.2d 187 (201-1) (finding no specific fiduciary duty to disclose, all information related to the administration of Indian trusts); see also Hopi Tribe, 782 F.3d at 668-71 (finding no specific fiduciary duty to ensure adequate water quality on the Hopi reservation)." }
4,256,041
a
Because it is clear'that a petitioner in a New York State habeas proceeding is not entitled to damages, this case is controlled by the analysis in Davidson, which involved the preclusive effect under New York law of a prior Article 78 proceeding for a subsequent SS 1983 claim. In Davidson, we initially found that the plaintiff's ultimately successful claims in the Article 78 proceeding were indistinguishable from his SS 1983 action.
{ "signal": "cf.", "identifier": "819 F.2d 12, 15", "parenthetical": "finding that prior state proceeding barred SS 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief", "sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991) (applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action); Fay v. South Colonie Central School District, 802 F.2d 21, 29-30 (2d Cir.1986) (following Davidson, holding that prior Article 78 proceeding does not bar subsequent federal § 1983 action); Koncelik v. East Hampton, 781 F.Supp. 152, 156 (E.D.N.Y.1991) (following Davidson, finding that res judicata does not apply where initial litigation was Article 78 proceeding); cf. Pasterczyk v. Fair, 819 F.2d 12, 15 (1st Cir.1987) (finding that prior state proceeding barred § 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief)." }
{ "signal": "see also", "identifier": "943 F.2d 198, 203-04", "parenthetical": "applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action", "sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991) (applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action); Fay v. South Colonie Central School District, 802 F.2d 21, 29-30 (2d Cir.1986) (following Davidson, holding that prior Article 78 proceeding does not bar subsequent federal § 1983 action); Koncelik v. East Hampton, 781 F.Supp. 152, 156 (E.D.N.Y.1991) (following Davidson, finding that res judicata does not apply where initial litigation was Article 78 proceeding); cf. Pasterczyk v. Fair, 819 F.2d 12, 15 (1st Cir.1987) (finding that prior state proceeding barred § 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief)." }
10,528,600
b
Because it is clear'that a petitioner in a New York State habeas proceeding is not entitled to damages, this case is controlled by the analysis in Davidson, which involved the preclusive effect under New York law of a prior Article 78 proceeding for a subsequent SS 1983 claim. In Davidson, we initially found that the plaintiff's ultimately successful claims in the Article 78 proceeding were indistinguishable from his SS 1983 action.
{ "signal": "see also", "identifier": "802 F.2d 21, 29-30", "parenthetical": "following Davidson, holding that prior Article 78 proceeding does not bar subsequent federal SS 1983 action", "sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991) (applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action); Fay v. South Colonie Central School District, 802 F.2d 21, 29-30 (2d Cir.1986) (following Davidson, holding that prior Article 78 proceeding does not bar subsequent federal § 1983 action); Koncelik v. East Hampton, 781 F.Supp. 152, 156 (E.D.N.Y.1991) (following Davidson, finding that res judicata does not apply where initial litigation was Article 78 proceeding); cf. Pasterczyk v. Fair, 819 F.2d 12, 15 (1st Cir.1987) (finding that prior state proceeding barred § 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief)." }
{ "signal": "cf.", "identifier": "819 F.2d 12, 15", "parenthetical": "finding that prior state proceeding barred SS 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief", "sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991) (applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action); Fay v. South Colonie Central School District, 802 F.2d 21, 29-30 (2d Cir.1986) (following Davidson, holding that prior Article 78 proceeding does not bar subsequent federal § 1983 action); Koncelik v. East Hampton, 781 F.Supp. 152, 156 (E.D.N.Y.1991) (following Davidson, finding that res judicata does not apply where initial litigation was Article 78 proceeding); cf. Pasterczyk v. Fair, 819 F.2d 12, 15 (1st Cir.1987) (finding that prior state proceeding barred § 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief)." }
10,528,600
a
Because it is clear'that a petitioner in a New York State habeas proceeding is not entitled to damages, this case is controlled by the analysis in Davidson, which involved the preclusive effect under New York law of a prior Article 78 proceeding for a subsequent SS 1983 claim. In Davidson, we initially found that the plaintiff's ultimately successful claims in the Article 78 proceeding were indistinguishable from his SS 1983 action.
{ "signal": "cf.", "identifier": "819 F.2d 12, 15", "parenthetical": "finding that prior state proceeding barred SS 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief", "sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991) (applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action); Fay v. South Colonie Central School District, 802 F.2d 21, 29-30 (2d Cir.1986) (following Davidson, holding that prior Article 78 proceeding does not bar subsequent federal § 1983 action); Koncelik v. East Hampton, 781 F.Supp. 152, 156 (E.D.N.Y.1991) (following Davidson, finding that res judicata does not apply where initial litigation was Article 78 proceeding); cf. Pasterczyk v. Fair, 819 F.2d 12, 15 (1st Cir.1987) (finding that prior state proceeding barred § 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief)." }
{ "signal": "see also", "identifier": "781 F.Supp. 152, 156", "parenthetical": "following Davidson, finding that res judicata does not apply where initial litigation was Article 78 proceeding", "sentence": "See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991) (applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action); Fay v. South Colonie Central School District, 802 F.2d 21, 29-30 (2d Cir.1986) (following Davidson, holding that prior Article 78 proceeding does not bar subsequent federal § 1983 action); Koncelik v. East Hampton, 781 F.Supp. 152, 156 (E.D.N.Y.1991) (following Davidson, finding that res judicata does not apply where initial litigation was Article 78 proceeding); cf. Pasterczyk v. Fair, 819 F.2d 12, 15 (1st Cir.1987) (finding that prior state proceeding barred § 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief)." }
10,528,600
b
No. 70.) Surely a qui tarn claim is no longer "valid" once it has been dismissed.
{ "signal": "see", "identifier": "232 F.Supp.3d 587, 587-89", "parenthetical": "finding that relator's voluntary dismissal of his qui tarn suit precluded him from recovering, under \"alternate remedy\" theory, a portion of the proceeds the government ultimately obtained", "sentence": "See L-3 Commc’ns, 232 F.Supp.3d at 587-89, 2017 WL 464431, at *4-5 (finding that relator’s voluntary dismissal of his qui tarn suit precluded him from recovering, under “alternate remedy” theory, a portion of the proceeds the government ultimately obtained); see also N. Adult Daily Health Care Ctr., 174 F.Supp.3d at 700 (finding relators’ motion for a share of proceeds recovered “premature” because a motion to dismiss the qui tarn action was pending and, thus, relators “may ultimately lack a valid qui tarn claim”)." }
{ "signal": "see also", "identifier": "174 F.Supp.3d 700, 700", "parenthetical": "finding relators' motion for a share of proceeds recovered \"premature\" because a motion to dismiss the qui tarn action was pending and, thus, relators \"may ultimately lack a valid qui tarn claim\"", "sentence": "See L-3 Commc’ns, 232 F.Supp.3d at 587-89, 2017 WL 464431, at *4-5 (finding that relator’s voluntary dismissal of his qui tarn suit precluded him from recovering, under “alternate remedy” theory, a portion of the proceeds the government ultimately obtained); see also N. Adult Daily Health Care Ctr., 174 F.Supp.3d at 700 (finding relators’ motion for a share of proceeds recovered “premature” because a motion to dismiss the qui tarn action was pending and, thus, relators “may ultimately lack a valid qui tarn claim”)." }
12,274,826
a
No. 70.) Surely a qui tarn claim is no longer "valid" once it has been dismissed.
{ "signal": "see also", "identifier": "174 F.Supp.3d 700, 700", "parenthetical": "finding relators' motion for a share of proceeds recovered \"premature\" because a motion to dismiss the qui tarn action was pending and, thus, relators \"may ultimately lack a valid qui tarn claim\"", "sentence": "See L-3 Commc’ns, 232 F.Supp.3d at 587-89, 2017 WL 464431, at *4-5 (finding that relator’s voluntary dismissal of his qui tarn suit precluded him from recovering, under “alternate remedy” theory, a portion of the proceeds the government ultimately obtained); see also N. Adult Daily Health Care Ctr., 174 F.Supp.3d at 700 (finding relators’ motion for a share of proceeds recovered “premature” because a motion to dismiss the qui tarn action was pending and, thus, relators “may ultimately lack a valid qui tarn claim”)." }
{ "signal": "see", "identifier": "2017 WL 464431, at *4-5", "parenthetical": "finding that relator's voluntary dismissal of his qui tarn suit precluded him from recovering, under \"alternate remedy\" theory, a portion of the proceeds the government ultimately obtained", "sentence": "See L-3 Commc’ns, 232 F.Supp.3d at 587-89, 2017 WL 464431, at *4-5 (finding that relator’s voluntary dismissal of his qui tarn suit precluded him from recovering, under “alternate remedy” theory, a portion of the proceeds the government ultimately obtained); see also N. Adult Daily Health Care Ctr., 174 F.Supp.3d at 700 (finding relators’ motion for a share of proceeds recovered “premature” because a motion to dismiss the qui tarn action was pending and, thus, relators “may ultimately lack a valid qui tarn claim”)." }
12,274,826
b
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation.
{ "signal": "see also", "identifier": "495 U.S. 711, 717", "parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
{ "signal": "see", "identifier": "837 F.2d 1249, 1261", "parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
3,900,500
b
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation.
{ "signal": "see also", "identifier": null, "parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
{ "signal": "see", "identifier": "837 F.2d 1249, 1261", "parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
3,900,500
b
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation.
{ "signal": "see also", "identifier": null, "parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
{ "signal": "see", "identifier": "837 F.2d 1249, 1261", "parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
3,900,500
b
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation.
{ "signal": "see", "identifier": "448 F.3d 444, 444", "parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
{ "signal": "see also", "identifier": "495 U.S. 711, 717", "parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
3,900,500
a
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation.
{ "signal": "see also", "identifier": null, "parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
{ "signal": "see", "identifier": "448 F.3d 444, 444", "parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
3,900,500
b
Even assuming arguendo that the arrests did violate the Mansfield Amendment, moreover, suppression of defendants' subsequent statements is nonetheless unwarranted. The Mansfield Amendment is silent as to remedies for its breach, and no court has ever implied a remedy for a defendant alleging its violation.
{ "signal": "see", "identifier": "448 F.3d 444, 444", "parenthetical": "\"Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of SS 2291(c", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.\"", "sentence": "See United States v. Zabaneh, 837 F.2d 1249, 1261 (5th Cir.1988) (“Congress has not provided sanctions or penalties by way of relief for persons arrested in contravention of § 2291(c)(1).”), cited in Mejia, 448 F.3d at 444; United States v. Bridgewater, 175 F.Supp.2d 141, 146 (D.P.R.2001) (“The Mansfield Amendment regulates government action prescriptively; it does not provide repercussions for violations of the Amendment.”); see also United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990) (“There is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”)." }
3,900,500
a
Other jurisdictions similarly have held that the depositing of waste into a landfill triggers an unalterable and injurious process. Although the initial exposure to the contaminants caused by the Borough's depositing of municipal waste was not "an immediate and discrete injury, the fact that it is part of an injurious process is enough for it to constitute 'injury' under the policies."
{ "signal": "no signal", "identifier": "667 F.2d 1046, 1046", "parenthetical": "\"The injury and attendant liability became predictable precisely because it was discovered that past occurrences were likely to have set in motion injurious processes for which Keene could be held liable.\"", "sentence": "Keene Corp., supra, 667 F.2d at 1046 (“The injury and attendant liability became predictable precisely because it was discovered that past occurrences were likely to have set in motion injurious processes for which Keene could be held liable.”)." }
{ "signal": "see also", "identifier": "89 F.3d 995, 995-96", "parenthetical": "holding that insured's initial discharge of contaminated rinsewater began \"continuous indivisible process resulting in damage\"", "sentence": "See also Chemical Leaman, supra, 89 F.3d at 995-96 (holding that insured’s initial discharge of contaminated rinsewater began “continuous indivisible process resulting in damage”); New Castle County, supra, 725 F.Supp. at 812 (holding that “injurious process” was initiated before leachate contamination); DeYoung & Hickman, supra, 17 N. Ky. L.Rev. at 295 (concluding that dumping of waste in landfill is directly analogous to inhalation of asbestos); Aetna Cas. & Surety Co., 28 F.Supp.2d at 454 (recognizing that coverage could be triggered by need to prevent imminent contamination of groundwater)." }
199,561
a
Other jurisdictions similarly have held that the depositing of waste into a landfill triggers an unalterable and injurious process. Although the initial exposure to the contaminants caused by the Borough's depositing of municipal waste was not "an immediate and discrete injury, the fact that it is part of an injurious process is enough for it to constitute 'injury' under the policies."
{ "signal": "see also", "identifier": "28 F.Supp.2d 454, 454", "parenthetical": "recognizing that coverage could be triggered by need to prevent imminent contamination of groundwater", "sentence": "See also Chemical Leaman, supra, 89 F.3d at 995-96 (holding that insured’s initial discharge of contaminated rinsewater began “continuous indivisible process resulting in damage”); New Castle County, supra, 725 F.Supp. at 812 (holding that “injurious process” was initiated before leachate contamination); DeYoung & Hickman, supra, 17 N. Ky. L.Rev. at 295 (concluding that dumping of waste in landfill is directly analogous to inhalation of asbestos); Aetna Cas. & Surety Co., 28 F.Supp.2d at 454 (recognizing that coverage could be triggered by need to prevent imminent contamination of groundwater)." }
{ "signal": "no signal", "identifier": "667 F.2d 1046, 1046", "parenthetical": "\"The injury and attendant liability became predictable precisely because it was discovered that past occurrences were likely to have set in motion injurious processes for which Keene could be held liable.\"", "sentence": "Keene Corp., supra, 667 F.2d at 1046 (“The injury and attendant liability became predictable precisely because it was discovered that past occurrences were likely to have set in motion injurious processes for which Keene could be held liable.”)." }
199,561
b
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide professors two opportunities to challenge decisions to terminate their employment and a professor who relied on that promise forwent the first opportunity to raise his challenge, the university could not deprive him of the second opportunity without violating due process. This would be the case even though the due process clause itself guarantees the professor only one hearing.
{ "signal": "see also", "identifier": "360 U.S. 423, 437-38", "parenthetical": "due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer", "sentence": "See also Raley v. Ohio, 360 U.S. 423, 437-38, 79 S.Ct. 1257, 1265-67, 3 L.Ed.2d 1344 (1959) (due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer); Cox v. Louisiana, 379 U.S. 559, 569-71, 85 S.Ct. 476, 483-84, 13 L.Ed.2d 487 (1965) (state could not punish individuals for demonstrating “near” a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations “near” the courthouse)." }
{ "signal": "no signal", "identifier": "745 F.2d 950, 951", "parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures", "sentence": "Compare Villegas v. INS, 745 F.2d 950, 951 (5th Cir.1984) (where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures)." }
388,278
b
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide professors two opportunities to challenge decisions to terminate their employment and a professor who relied on that promise forwent the first opportunity to raise his challenge, the university could not deprive him of the second opportunity without violating due process. This would be the case even though the due process clause itself guarantees the professor only one hearing.
{ "signal": "no signal", "identifier": "745 F.2d 950, 951", "parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures", "sentence": "Compare Villegas v. INS, 745 F.2d 950, 951 (5th Cir.1984) (where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures)." }
{ "signal": "see also", "identifier": "79 S.Ct. 1257, 1265-67", "parenthetical": "due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer", "sentence": "See also Raley v. Ohio, 360 U.S. 423, 437-38, 79 S.Ct. 1257, 1265-67, 3 L.Ed.2d 1344 (1959) (due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer); Cox v. Louisiana, 379 U.S. 559, 569-71, 85 S.Ct. 476, 483-84, 13 L.Ed.2d 487 (1965) (state could not punish individuals for demonstrating “near” a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations “near” the courthouse)." }
388,278
a
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide professors two opportunities to challenge decisions to terminate their employment and a professor who relied on that promise forwent the first opportunity to raise his challenge, the university could not deprive him of the second opportunity without violating due process. This would be the case even though the due process clause itself guarantees the professor only one hearing.
{ "signal": "see also", "identifier": null, "parenthetical": "due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer", "sentence": "See also Raley v. Ohio, 360 U.S. 423, 437-38, 79 S.Ct. 1257, 1265-67, 3 L.Ed.2d 1344 (1959) (due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer); Cox v. Louisiana, 379 U.S. 559, 569-71, 85 S.Ct. 476, 483-84, 13 L.Ed.2d 487 (1965) (state could not punish individuals for demonstrating “near” a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations “near” the courthouse)." }
{ "signal": "no signal", "identifier": "745 F.2d 950, 951", "parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures", "sentence": "Compare Villegas v. INS, 745 F.2d 950, 951 (5th Cir.1984) (where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures)." }
388,278
b
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide professors two opportunities to challenge decisions to terminate their employment and a professor who relied on that promise forwent the first opportunity to raise his challenge, the university could not deprive him of the second opportunity without violating due process. This would be the case even though the due process clause itself guarantees the professor only one hearing.
{ "signal": "see also", "identifier": "379 U.S. 559, 569-71", "parenthetical": "state could not punish individuals for demonstrating \"near\" a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations \"near\" the courthouse", "sentence": "See also Raley v. Ohio, 360 U.S. 423, 437-38, 79 S.Ct. 1257, 1265-67, 3 L.Ed.2d 1344 (1959) (due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer); Cox v. Louisiana, 379 U.S. 559, 569-71, 85 S.Ct. 476, 483-84, 13 L.Ed.2d 487 (1965) (state could not punish individuals for demonstrating “near” a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations “near” the courthouse)." }
{ "signal": "no signal", "identifier": "745 F.2d 950, 951", "parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures", "sentence": "Compare Villegas v. INS, 745 F.2d 950, 951 (5th Cir.1984) (where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures)." }
388,278
b
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide professors two opportunities to challenge decisions to terminate their employment and a professor who relied on that promise forwent the first opportunity to raise his challenge, the university could not deprive him of the second opportunity without violating due process. This would be the case even though the due process clause itself guarantees the professor only one hearing.
{ "signal": "see also", "identifier": "85 S.Ct. 476, 483-84", "parenthetical": "state could not punish individuals for demonstrating \"near\" a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations \"near\" the courthouse", "sentence": "See also Raley v. Ohio, 360 U.S. 423, 437-38, 79 S.Ct. 1257, 1265-67, 3 L.Ed.2d 1344 (1959) (due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer); Cox v. Louisiana, 379 U.S. 559, 569-71, 85 S.Ct. 476, 483-84, 13 L.Ed.2d 487 (1965) (state could not punish individuals for demonstrating “near” a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations “near” the courthouse)." }
{ "signal": "no signal", "identifier": "745 F.2d 950, 951", "parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures", "sentence": "Compare Villegas v. INS, 745 F.2d 950, 951 (5th Cir.1984) (where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures)." }
388,278
b
The additions to the "constitutional minimum" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide professors two opportunities to challenge decisions to terminate their employment and a professor who relied on that promise forwent the first opportunity to raise his challenge, the university could not deprive him of the second opportunity without violating due process. This would be the case even though the due process clause itself guarantees the professor only one hearing.
{ "signal": "see also", "identifier": null, "parenthetical": "state could not punish individuals for demonstrating \"near\" a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations \"near\" the courthouse", "sentence": "See also Raley v. Ohio, 360 U.S. 423, 437-38, 79 S.Ct. 1257, 1265-67, 3 L.Ed.2d 1344 (1959) (due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer); Cox v. Louisiana, 379 U.S. 559, 569-71, 85 S.Ct. 476, 483-84, 13 L.Ed.2d 487 (1965) (state could not punish individuals for demonstrating “near” a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory pro scription against demonstrations “near” the courthouse)." }
{ "signal": "no signal", "identifier": "745 F.2d 950, 951", "parenthetical": "where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures", "sentence": "Compare Villegas v. INS, 745 F.2d 950, 951 (5th Cir.1984) (where INS notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the INS failed to follow its own procedures)." }
388,278
b
In several cases decided after Harris and Ring, this court maintained its reliance on McMillan to uphold the constitutionality of the hard 40/50 sentencing scheme, noting that Harris reaffirmed McMillan even after Apprendi.
{ "signal": "see", "identifier": "295 Kan. 339, 354", "parenthetical": "\"We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga's invitation to reconsider our prior decisions.\"", "sentence": "See State v. Astorga, 295 Kan. 339, 354, 284 P.3d 279 (2012), (“We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga’s invitation to reconsider our prior decisions.”), cert. granted, judgment vacated by Astorga v. Kansas, 133 S. Ct. 2877 (2013); State v. McCaslin, 291 Kan. 697, 729-30, 245 P.3d 1030 (2011) (citing cases); State v Albright, 283 Kan. 418, 423-24, 153 P.3d 497 (2007) (same); see also Johnson, 284 Kan. at 23 (upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences)." }
{ "signal": "see also", "identifier": "284 Kan. 23, 23", "parenthetical": "upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences", "sentence": "See State v. Astorga, 295 Kan. 339, 354, 284 P.3d 279 (2012), (“We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga’s invitation to reconsider our prior decisions.”), cert. granted, judgment vacated by Astorga v. Kansas, 133 S. Ct. 2877 (2013); State v. McCaslin, 291 Kan. 697, 729-30, 245 P.3d 1030 (2011) (citing cases); State v Albright, 283 Kan. 418, 423-24, 153 P.3d 497 (2007) (same); see also Johnson, 284 Kan. at 23 (upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences)." }
12,417,227
a
In several cases decided after Harris and Ring, this court maintained its reliance on McMillan to uphold the constitutionality of the hard 40/50 sentencing scheme, noting that Harris reaffirmed McMillan even after Apprendi.
{ "signal": "see also", "identifier": "284 Kan. 23, 23", "parenthetical": "upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences", "sentence": "See State v. Astorga, 295 Kan. 339, 354, 284 P.3d 279 (2012), (“We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga’s invitation to reconsider our prior decisions.”), cert. granted, judgment vacated by Astorga v. Kansas, 133 S. Ct. 2877 (2013); State v. McCaslin, 291 Kan. 697, 729-30, 245 P.3d 1030 (2011) (citing cases); State v Albright, 283 Kan. 418, 423-24, 153 P.3d 497 (2007) (same); see also Johnson, 284 Kan. at 23 (upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences)." }
{ "signal": "see", "identifier": null, "parenthetical": "\"We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga's invitation to reconsider our prior decisions.\"", "sentence": "See State v. Astorga, 295 Kan. 339, 354, 284 P.3d 279 (2012), (“We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga’s invitation to reconsider our prior decisions.”), cert. granted, judgment vacated by Astorga v. Kansas, 133 S. Ct. 2877 (2013); State v. McCaslin, 291 Kan. 697, 729-30, 245 P.3d 1030 (2011) (citing cases); State v Albright, 283 Kan. 418, 423-24, 153 P.3d 497 (2007) (same); see also Johnson, 284 Kan. at 23 (upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences)." }
12,417,227
b
In several cases decided after Harris and Ring, this court maintained its reliance on McMillan to uphold the constitutionality of the hard 40/50 sentencing scheme, noting that Harris reaffirmed McMillan even after Apprendi.
{ "signal": "see", "identifier": null, "parenthetical": "\"We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga's invitation to reconsider our prior decisions.\"", "sentence": "See State v. Astorga, 295 Kan. 339, 354, 284 P.3d 279 (2012), (“We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga’s invitation to reconsider our prior decisions.”), cert. granted, judgment vacated by Astorga v. Kansas, 133 S. Ct. 2877 (2013); State v. McCaslin, 291 Kan. 697, 729-30, 245 P.3d 1030 (2011) (citing cases); State v Albright, 283 Kan. 418, 423-24, 153 P.3d 497 (2007) (same); see also Johnson, 284 Kan. at 23 (upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences)." }
{ "signal": "see also", "identifier": "284 Kan. 23, 23", "parenthetical": "upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences", "sentence": "See State v. Astorga, 295 Kan. 339, 354, 284 P.3d 279 (2012), (“We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga’s invitation to reconsider our prior decisions.”), cert. granted, judgment vacated by Astorga v. Kansas, 133 S. Ct. 2877 (2013); State v. McCaslin, 291 Kan. 697, 729-30, 245 P.3d 1030 (2011) (citing cases); State v Albright, 283 Kan. 418, 423-24, 153 P.3d 497 (2007) (same); see also Johnson, 284 Kan. at 23 (upholding constitutionality of hard 50 scheme after noting McMillan had not been overruled despite several post -Apprendi decisions invalidating judicial factfinding exposing defendants to increased maximum sentences)." }
12,417,227
a
On appeal, Relators argue that the email attachment should have been admitted because it was not being offered for the truth of the matter asserted, cf. Fed.R.Evid. 801(c), and because the attachment was admissible under the hearsay exemption for party admissions, see Fed.R.Evid. 801(d)(2)(D). Upon our review of the record, we conclude that Relators did not sufficiently raise these arguments in the district court and, accordingly, have waived them.
{ "signal": "see", "identifier": "269 F.3d 439, 453", "parenthetical": "evidence is properly excluded when alternative theory of admissibility is not timely offered", "sentence": "See Jimenez v. Daimler-Chrysler Corp., 269 F.3d 439, 453 (4th Cir.2001) (evidence is properly excluded when alternative theory of admissibility is not timely offered); see also Wheatley v. Wicomico Cnty., 390 F.3d 328, 334 (4th Cir.2004) (issues raised for the first time on appeal are generally not considered absent exceptional circumstances)." }
{ "signal": "see also", "identifier": "390 F.3d 328, 334", "parenthetical": "issues raised for the first time on appeal are generally not considered absent exceptional circumstances", "sentence": "See Jimenez v. Daimler-Chrysler Corp., 269 F.3d 439, 453 (4th Cir.2001) (evidence is properly excluded when alternative theory of admissibility is not timely offered); see also Wheatley v. Wicomico Cnty., 390 F.3d 328, 334 (4th Cir.2004) (issues raised for the first time on appeal are generally not considered absent exceptional circumstances)." }
4,005,126
a
An alleged failure to warn swimmers of dangerous conditions in a popular swimming area does not implicate any social, economic, or political policy judgments with which the discretionary function exception properly is concerned. The government's alleged omission in this case "simply does not involve the exercise of such judgment."
{ "signal": "cf.", "identifier": "716 F.2d 418, 423", "parenthetical": "government did not argue its failure to warn of dangerous diving conditions was discretionary", "sentence": "Berkovitz, 108 S.Ct. at 1964; see Indian Towing, 350 U.S. at 69, 76 S.Ct. at 127; see also Ducey v. United States, 713 F.2d 504, 515 (9th Cir.1983) (“While the government’s decision to encourage recreation at Eldorado Canyon is the exercise of a discretionary function, the government’s duty to warn of or guard against hazards resulting from that decision may nonetheless be actionable”); Smith v. United States, 546 F.2d 872, 876-77 (10th Cir.1976) (government’s failure to warn about hazards of thermal heated pool not discretionary, even though decision to leave some park areas undeveloped and hazardous was discretionary); cf. Davis v. United States, 716 F.2d 418, 423 (7th Cir.1983) (government did not argue its failure to warn of dangerous diving conditions was discretionary)." }
{ "signal": "see also", "identifier": "713 F.2d 504, 515", "parenthetical": "\"While the government's decision to encourage recreation at Eldorado Canyon is the exercise of a discretionary function, the government's duty to warn of or guard against hazards resulting from that decision may nonetheless be actionable\"", "sentence": "Berkovitz, 108 S.Ct. at 1964; see Indian Towing, 350 U.S. at 69, 76 S.Ct. at 127; see also Ducey v. United States, 713 F.2d 504, 515 (9th Cir.1983) (“While the government’s decision to encourage recreation at Eldorado Canyon is the exercise of a discretionary function, the government’s duty to warn of or guard against hazards resulting from that decision may nonetheless be actionable”); Smith v. United States, 546 F.2d 872, 876-77 (10th Cir.1976) (government’s failure to warn about hazards of thermal heated pool not discretionary, even though decision to leave some park areas undeveloped and hazardous was discretionary); cf. Davis v. United States, 716 F.2d 418, 423 (7th Cir.1983) (government did not argue its failure to warn of dangerous diving conditions was discretionary)." }
11,291,589
b
An alleged failure to warn swimmers of dangerous conditions in a popular swimming area does not implicate any social, economic, or political policy judgments with which the discretionary function exception properly is concerned. The government's alleged omission in this case "simply does not involve the exercise of such judgment."
{ "signal": "see also", "identifier": "546 F.2d 872, 876-77", "parenthetical": "government's failure to warn about hazards of thermal heated pool not discretionary, even though decision to leave some park areas undeveloped and hazardous was discretionary", "sentence": "Berkovitz, 108 S.Ct. at 1964; see Indian Towing, 350 U.S. at 69, 76 S.Ct. at 127; see also Ducey v. United States, 713 F.2d 504, 515 (9th Cir.1983) (“While the government’s decision to encourage recreation at Eldorado Canyon is the exercise of a discretionary function, the government’s duty to warn of or guard against hazards resulting from that decision may nonetheless be actionable”); Smith v. United States, 546 F.2d 872, 876-77 (10th Cir.1976) (government’s failure to warn about hazards of thermal heated pool not discretionary, even though decision to leave some park areas undeveloped and hazardous was discretionary); cf. Davis v. United States, 716 F.2d 418, 423 (7th Cir.1983) (government did not argue its failure to warn of dangerous diving conditions was discretionary)." }
{ "signal": "cf.", "identifier": "716 F.2d 418, 423", "parenthetical": "government did not argue its failure to warn of dangerous diving conditions was discretionary", "sentence": "Berkovitz, 108 S.Ct. at 1964; see Indian Towing, 350 U.S. at 69, 76 S.Ct. at 127; see also Ducey v. United States, 713 F.2d 504, 515 (9th Cir.1983) (“While the government’s decision to encourage recreation at Eldorado Canyon is the exercise of a discretionary function, the government’s duty to warn of or guard against hazards resulting from that decision may nonetheless be actionable”); Smith v. United States, 546 F.2d 872, 876-77 (10th Cir.1976) (government’s failure to warn about hazards of thermal heated pool not discretionary, even though decision to leave some park areas undeveloped and hazardous was discretionary); cf. Davis v. United States, 716 F.2d 418, 423 (7th Cir.1983) (government did not argue its failure to warn of dangerous diving conditions was discretionary)." }
11,291,589
a
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misleading information in the statements. To immunize the type of conduct alleged here would be to give companies a license to issue groundless appraisals to investors so long as they include a modest footnote or appendix with a kernel of truth that might enable an analyst or accountant to spot the inconsistencies.
{ "signal": "see", "identifier": "8 F.3d 1358, 1362-63", "parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations", "sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative press releases containing a “grain of truth” did not prevent deception of the market due to previous misrepresentations); cf. Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow”); Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281, 1297 (2d Cir.1973) (stating that “it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts”); cf. Smallwood v. Pearl Brewing Co., 489 F.2d 579, 603 (5th Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 113 (1974) (noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”)." }
{ "signal": "cf.", "identifier": "501 U.S. 1097, 1097", "parenthetical": "stating that \"[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow\"", "sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative press releases containing a “grain of truth” did not prevent deception of the market due to previous misrepresentations); cf. Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow”); Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281, 1297 (2d Cir.1973) (stating that “it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts”); cf. Smallwood v. Pearl Brewing Co., 489 F.2d 579, 603 (5th Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 113 (1974) (noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”)." }
3,428,636
a
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misleading information in the statements. To immunize the type of conduct alleged here would be to give companies a license to issue groundless appraisals to investors so long as they include a modest footnote or appendix with a kernel of truth that might enable an analyst or accountant to spot the inconsistencies.
{ "signal": "cf.", "identifier": "111 S.Ct. 2760, 2760-61", "parenthetical": "stating that \"[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow\"", "sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative press releases containing a “grain of truth” did not prevent deception of the market due to previous misrepresentations); cf. Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow”); Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281, 1297 (2d Cir.1973) (stating that “it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts”); cf. Smallwood v. Pearl Brewing Co., 489 F.2d 579, 603 (5th Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 113 (1974) (noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”)." }
{ "signal": "see", "identifier": "8 F.3d 1358, 1362-63", "parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations", "sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative press releases containing a “grain of truth” did not prevent deception of the market due to previous misrepresentations); cf. Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow”); Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281, 1297 (2d Cir.1973) (stating that “it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts”); cf. Smallwood v. Pearl Brewing Co., 489 F.2d 579, 603 (5th Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 113 (1974) (noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”)." }
3,428,636
b
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misleading information in the statements. To immunize the type of conduct alleged here would be to give companies a license to issue groundless appraisals to investors so long as they include a modest footnote or appendix with a kernel of truth that might enable an analyst or accountant to spot the inconsistencies.
{ "signal": "see", "identifier": "8 F.3d 1358, 1362-63", "parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations", "sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative press releases containing a “grain of truth” did not prevent deception of the market due to previous misrepresentations); cf. Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow”); Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281, 1297 (2d Cir.1973) (stating that “it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts”); cf. Smallwood v. Pearl Brewing Co., 489 F.2d 579, 603 (5th Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 113 (1974) (noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”)." }
{ "signal": "cf.", "identifier": "478 F.2d 1281, 1297", "parenthetical": "stating that \"it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts\"", "sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative press releases containing a “grain of truth” did not prevent deception of the market due to previous misrepresentations); cf. Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow”); Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281, 1297 (2d Cir.1973) (stating that “it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts”); cf. Smallwood v. Pearl Brewing Co., 489 F.2d 579, 603 (5th Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 113 (1974) (noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”)." }
3,428,636
a
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misleading information in the statements. To immunize the type of conduct alleged here would be to give companies a license to issue groundless appraisals to investors so long as they include a modest footnote or appendix with a kernel of truth that might enable an analyst or accountant to spot the inconsistencies.
{ "signal": "see", "identifier": "8 F.3d 1358, 1362-63", "parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations", "sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative press releases containing a “grain of truth” did not prevent deception of the market due to previous misrepresentations); cf. Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow”); Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281, 1297 (2d Cir.1973) (stating that “it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts”); cf. Smallwood v. Pearl Brewing Co., 489 F.2d 579, 603 (5th Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 113 (1974) (noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”)." }
{ "signal": "cf.", "identifier": "489 F.2d 579, 603", "parenthetical": "noting that \"burying the facts, or giving them less than significant emphasis\" in a proxy statement can deprive shareholders of \"full and honest disclosure\"", "sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative press releases containing a “grain of truth” did not prevent deception of the market due to previous misrepresentations); cf. Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow”); Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281, 1297 (2d Cir.1973) (stating that “it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts”); cf. Smallwood v. Pearl Brewing Co., 489 F.2d 579, 603 (5th Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 113 (1974) (noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”)." }
3,428,636
a
The Court cannot agree with defendants that the release of an inconspicuous addendum renders misleading financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misleading information in the statements. To immunize the type of conduct alleged here would be to give companies a license to issue groundless appraisals to investors so long as they include a modest footnote or appendix with a kernel of truth that might enable an analyst or accountant to spot the inconsistencies.
{ "signal": "cf.", "identifier": null, "parenthetical": "noting that \"burying the facts, or giving them less than significant emphasis\" in a proxy statement can deprive shareholders of \"full and honest disclosure\"", "sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative press releases containing a “grain of truth” did not prevent deception of the market due to previous misrepresentations); cf. Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow”); Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281, 1297 (2d Cir.1973) (stating that “it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts”); cf. Smallwood v. Pearl Brewing Co., 489 F.2d 579, 603 (5th Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 113 (1974) (noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”)." }
{ "signal": "see", "identifier": "8 F.3d 1358, 1362-63", "parenthetical": "holding that curative press releases containing a \"grain of truth\" did not prevent deception of the market due to previous misrepresentations", "sentence": "See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (holding that curative press releases containing a “grain of truth” did not prevent deception of the market due to previous misrepresentations); cf. Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “[i]f it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow”); Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281, 1297 (2d Cir.1973) (stating that “it is not sufficient that overtones might have been picked up by the sensitive antennae of investment analysts”); cf. Smallwood v. Pearl Brewing Co., 489 F.2d 579, 603 (5th Cir.), cert. denied, 419 U.S. 873, 95 S.Ct. 134, 42 L.Ed.2d 113 (1974) (noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”)." }
3,428,636
b

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