alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued May 19, 2014

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-14-00402-CV

———————————

IN RE STAGG MARINE, INC., RENTROP TUGS, INC.,

AND PATRICK RENTROP, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators Stagg Marine, Inc., Rentrop Tugs, Inc., and Patrick Rentrop have 

filed a petition for writ of mandamus, requesting that we (1) vacate the trial court’s 

order consolidating two civil cases for trial and (2) compel the trial court to rule 

upon relators’ no-evidence summary-judgment motion and motion to strike certain 

disclosures as outside of the discovery period.* We deny the petition.

 * The underlying cases are Apache Corporation v. Timothy Lee, et al. and Stallion 

Oilfield Construction LLC, et al. v. Tommy Angelle, cause numbers 2012-23568 

and 2012-47101, pending in the 270th District Court of Harris County, Texas, the 

Honorable Brent Gamble presiding.
2

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.
§ 115.117 Hiring and promotion decisions. ( a ) The agency shall not hire or promote anyone who may have contact with detainees, and shall not enlist the services of any contractor who may have contact with detainees, who— ( 1 ) Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997);
( 2 ) Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or
( 3 ) Has been civilly or administratively adjudicated to have engaged in the activity described in paragraph (a)(2) of this section.
( b ) The agency shall consider any incidents of sexual harassment in determining whether to hire or promote anyone, or to enlist the services of any contractor, who may have contact with detainees.
( c ) Before hiring new employees who may have contact with detainees, the agency shall: ( 1 ) Perform a criminal background records check; and
( 2 ) Consistent with Federal, State, and local law, make its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse.
( d ) The agency shall also perform a criminal background records check before enlisting the services of any contractor who may have contact with detainees.
( e ) The agency shall either conduct criminal background records checks at least every five years of current employees and contractors who may have contact with detainees or have in place a system for otherwise capturing such information for current employees.
( f ) The agency shall ask all applicants and employees who may have contact with detainees directly about previous misconduct described in paragraph (a) of this section in written applications or interviews for hiring or promotions and in any interviews or written self-evaluations conducted as part of reviews of current employees. The agency shall also impose upon employees a continuing affirmative duty to disclose any such misconduct.
( g ) Material omissions regarding such misconduct, or the provision of materially false information, shall be grounds for termination.
( h ) Unless prohibited by law, the agency shall provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for whom such employee has applied to work.
Exhibit




Exhibit 10.24    


EMPIRE RESORTS, INC. 

2015 EQUITY INCENTIVE PLAN


Award Agreement


This Award Agreement evidences an Award of shares of Restricted Stock pursuant to the provisions of the Empire Resorts, Inc. 2015 Equity Incentive Plan (the “Plan”) to the individual whose name appears below (the “Participant”), pursuant to the provisions of the Plan and on the following express terms and conditions (capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Plan):


1.    Name of Participant:     


		
	2.
	Number of Shares of Restricted Stock:       




3.    Date of Grant: 


		
	4.
	Risk of Forfeiture:




		
	5.
	Change of Control:  




		
	6.
	Miscellaneous:


 
The Participant hereby acknowledges receipt of a copy of the Plan as presently in effect.  The text and all of the terms and provisions of the Plan are incorporated herein by reference, and this grant of Restricted Stock is subject to these terms and provisions in all respects.  Upon lapse of the Risk of Forfeiture set forth above, the Participant shall remit to the Company an amount sufficient to satisfy the required withholding tax obligation of the Company that arises in connection with such lapse.




EMPIRE RESORTS, INC.                 




By:                                                                                   
      [NAME/TITLE]                Dated     




Agreed to and Accepted by:











 
[Name of Participant]                Dated







ELECTION TO INCLUDE IN GROSS INCOME
IN YEAR OF TRANSFER OF PROPERTY
PURSUANT TO SECTION 83(b) OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED




The taxpayer hereby makes an election pursuant to Section 83(b) of the Internal Revenue Code of 1986, as amended, with respect to property described below and supplies the following information in accordance with the regulations promulgated thereunder.




		
	1.
	The name, address and taxpayer identification number of the taxpayer are:




_______________________________________


_______________________________________


_______________________________________ 



		
	2.
	Description of property with respect to which the election is being made: 
 
 



		
	3.
	The date on which the property described in 2. above, was transferred is             , 201_.  The taxable year to which this election relates is 201_. 



		
	4.
	Nature of restrictions to which property is subject: 
 
[described risk of forfeiture] 



		
	5.
	The fair market value at the time of transfer (determined without regard to any restrictions which by their terms will never lapse) of the property with respect to which this election is being made is          dollars ($    ) per share. 



		
	6.
	The taxpayer has [made no payment/paid is          dollars ($    ) per share] for said property. 
 



Dated:                                   
                                                            Taxpayer’s Signature
### IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE July 23 , 2015 Sessio n

EWIN B. JENKINS ET AL



### . V



### . BIG CITY REMODELING ET AL



### .

Appeal from the Circuit Court for Sevier County

No. 13

- CV

- 296

- IV O. Duane Slone , Judge

No. E2014

- 01612

- COA

- R3

- CV

- FILED

- SEPTEMBER 29, 2015

_________________________________

C HARLES D. S USANO

, J R

., C.J.

, concurring in part and dissenting in part.

What was the proximate cause of the fire and explosion that led to this lawsuit? That was the central question before the trial court. The plaintiffs‟ theory on this subject is correctly set forth in the majority‟s opinion:

. . . [the plaintiffs] asserted that Flooring Subcontractors [(the subcontractors)] allowed flammable rags to remain on or near the exterior deck and also smoked cigarette s in the area. As claimed by [the plaintiffs], the improper disposal of cigarette

butts resulted in the stain

- soaked rags igniting, thereby causing the fire.

The subcontractors were on the construction site to “stain[ ] . . . the hardwood floors.”

In m y judgment, the problem in this case is an absence of evidence showing a
nexus between the subcontractors‟ conduct

– negligent as it certainly was

– and the fire.

In a negligence claim, there must be evidence of “causation in fact,” sometimes

referred to as “but for” causation. King v. Anderson Cnty. , 419 S.W.3d 232, 246 (Tenn. 2013). In the case at bar, the plaintiffs were required to present evidence showing that “but for” the negligence of the subcontractors, there would not have been a fire. The

ma jority is correct when it says “[the plaintiffs‟] expert witness testified that the spontaneous combustion of flammable rags could have caused the fire.” (Emphasis added.) I agree ; however, the word “could ” involves a “possibility” while “but for causation” requires “more likely than not” evidence. A possibility is not enough to make out a genuine issue of material fact.

Regrettably, the record does not contain evidence to support “but for” causation. We do not know why the house caught on fire.2

I concur in the trial court‟s determination that Big City Remodeling is entitled to summary judgment on its “own negligence and res ipsa loquitur .” (Italics in majority opinion.) I would affirm the trial court‟s grant of summary judgment as to the

subc ontractors. As a consequence of my decision as to the subcontractors, I would also affirm the trial court‟s grant of summary judgment to Big City Remodeling on the plaintiffs‟ theory of its culpability under an “implied duty contained in the construction contract to perform the work „skillfully, carefully, diligently, and in a workmanlike

manner.‟ ”

Accordingly, I concur in part and respectfully dissent in part.

_____________________________________ CHARLES D. SUSANO, JR., CHIEF JUDGE
II 

116TH CONGRESS 

1ST SESSION S. 939 

To establish limitations regarding Confucius Institutes, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2019 

Mr. KENNEDY introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish limitations regarding Confucius Institutes, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Concerns Over Nations 

5 Funding University Campus Institutes in the United 

6 States Act’’ or the ‘‘CONFUCIUS Act’’. 

7 SEC. 2. RESTRICTIONS ON CONFUCIUS INSTITUTES. 

8 (a) DEFINITION.—In this section, the term ‘‘Confu9 cius Institute’’ means a cultural institute directly or indiVerDate Sep 11 2014 23:36 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S939.IS S939

pbinns on DSK79D2C42PROD with BILLS
2 

•S 939 IS

1 rectly funded by the Government of the People’s Republic 

2 of China. 

3 (b) RESTRICTIONS ON CONFUCIUS INSTITUTES.—An 

4 institution of higher education or other postsecondary edu5 cational institution (referred to in this section as an ‘‘insti6 tution’’) shall not be eligible to receive Federal funds from 

7 the Department of Education (except funds under title IV 

8 of the Higher Education Act of 1965 (20 U.S.C. 1070 

9 et seq.) or other Department of Education funds that are 

10 provided directly to students) unless the institution en11 sures that any contract or agreement between the institu12 tion and a Confucius Institute includes clear provisions 

13 that— 

14 (1) protect academic freedom at the institution; 

15 (2) prohibit the application of any foreign law 

16 on any campus of the institution; and 

17 (3) grant full managerial authority of the Con18 fucius Institute to the institution, including full con19 trol over what is being taught, the activities carried 

20 out, the research grants that are made, and who is 

21 employed at the Confucius Institute. 

Æ 


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#### Natalie Barnhard, Respondent, v Cybex International, Inc., Appellant.

[823 NYS2d 750]

Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered August 4, 2005 in a personal injury action. The order denied defendant’s motion to disqualify plaintiffs counsel.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, A.EJ., Martoche, Centra and Pine, JJ.
###### Editorial Note on Part 0

#### Editorial Note:

Nomenclature changes to part 0 appear at 73 FR 73 FR 54947, Sept. 24, 2008.

#### § 0.69a Delegation respecting approval of conveyances.

The Assistant Attorney General in charge of the Environment and Natural Resources Division, and such members of his staff as he may specifically designate in writing, are authorized to exercise the power and authority vested in the Attorney General by the Act of June 4, 1934, 48 Stat. 836, with respect to approving the making or acceptance of conveyances by the Secretary of the Interior on behalf of the United States.

[Order No. 947-81, 46 FR 29931, June 4, 1981]
```
                               POWER OF ATTORNEY

KNOW ALL BY THESE PRESENTS that the undersigned hereby makes, constitutes,

designates and appoints Dave Downing, Tim Paymal and Rick Parod as the undersigned's

true and lawful attorney-in-fact to act for and on behalf of the undersigned for and

limited to the following purposes:

a.  To execute for and on behalf of the undersigned, in the undersigned's

capacity as an officer and/or director of Lindsay Manufacturing Co., a Deleware

corporation (the "Company"), Forms 3, 4 and 5 in accordance with Section 16(a)

of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and

the rules thereunder;

b.  To do and perform any and all acts for and on behalf of the undersigned

which may be necessary or desirable to complete and execute any individual or

group filings under Section 16(a) of the Exchange Act and timely file such

forms with the United States Securities and Exchange Commission and any stock

exchange or similar authority; and

c.  To take any other action of any type whatsoever in connection with the

foregoing which, in the opinion of such attorney-in-fact, may be of benefit to,

in the best interest of, or legally required by, the undersigned, it being

understood that the documents executed by such attorney-in-fact on behalf of

the undersigned pursuant to this Power of Attorney shall be in such form and

shall contain such terms and conditions as such attorney-in-fact may approve in

such attorney-in-fact's discretion.

The undersigned hereby grants to each such attorney-in-fact full power and

authority ot do and perform any and every act and thing whatsoever requisite,

necessary, or proper to be done in the exercise of any of the rights and powers

herein granted, as fully to all intents and purposes as the undersigned might

or could do if personally present, with full power of substitution or

revocation, hereby ratifying and confirming all that such attorney-in-fact shall

lawfully do or cause to be done by virtue of theis Power of Attorney and the

righs and powers herein granted.  The undersigned acknowledges that the

foregoing attorneys-in-fact, in serving in such capacity at the request of the

undersigned, are not assuming, nor is the Company assuming, any of

the undersigned's responsibilities to comply with Section 16 of the

Exchange Act.

This Power of Attorney shall remain in full force and effect until the

undersigned is no longer required to make filings uner Section 16(a) of the

Exchange Act with the respect to the undersigned's holdings of the

transactions in securities issued by the Company, unless earlier revoked by

the undersigned in a signed writing delivered to the foregoing attorneys-

in-fact and the Secretary of the Company.

IN WITNESS WHEREOF the undersigned has caused this Power of Attorney to be

executed as of theis 8th day of November, 2005.

Charlie Meis

-----------

signature
```
#### § 388.103 Notice and publication of decisions, rules, statements of policy, organization and operations.

Service of intermediate and final decisions upon parties to the proceedings is governed by Rule 2010 (service) in part 385 of this chapter. Descriptions of the Commission's organization, its methods of operation, statements of policy and interpretations, procedural and substantive rules, and amendments thereto will be filed with and published in the Federal Register. Commission opinions together with accompanying orders, Commission orders, and intermediate decisions will be released to the press and made available to the public promptly. Copies of Commission opinions, orders in the nature of opinions, rulemakings and selected procedural orders, and intermediate decisions which have become final are published in the *Federal Energy Guidelines* and upon payment of applicable charges, may be obtained from: Commerce Clearing House, Inc. 4025 West Peterson Avenue, Chicago, Illinois 60646. Attention: Order Department.
### §1612. Public participation

#### (a) Adequate notice and opportunity to comment

In exercising his authorities under this subchapter and other laws applicable to the Forest Service, the Secretary, by regulation, shall establish procedures, including public hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards, criteria, and guidelines applicable to Forest Service programs.

#### (b) Advisory boards

In providing for public participation in the planning for and management of the National Forest System, the Secretary, pursuant to chapter 10 of title 5 and other applicable law, shall establish and consult such advisory boards as he deems necessary to secure full information and advice on the execution of his responsibilities. The membership of such boards shall be representative of a cross section of groups interested in the planning for and management of the National Forest System and the various types of use and enjoyment of the lands thereof.

(Pub. L. 93–378, §14, as added Pub. L. 94–588, §11, Oct. 22, 1976, 90 Stat. 2958; amended Pub. L. 117–286, §4(a)(114), Dec. 27, 2022, 136 Stat. 4318.)

#### **Editorial Notes**

#### Amendments

2022—Subsec. (b). Pub. L. 117–286 substituted "chapter 10 of title 5" for "the Federal Advisory Committee Act (86 Stat. 770)".

#### **Statutory Notes and Related Subsidiaries**

#### Forest Service Decisionmaking and Appeals Reform

Pub. L. 102–381, title III, §322, Oct. 5, 1992, 106 Stat. 1419, which provided for the establishment of a notice and comment process for proposed actions of the Forest Service relating to certain land and resource management projects and required modification of the procedure for appeals of decisions concerning such projects, was repealed by Pub. L. 113–79, title VIII, §8006(a), Feb. 7, 2014, 128 Stat. 913.

#### **Executive Documents**

#### Transfer of Functions

For transfer of certain enforcement functions of Secretary or other official in Department of Agriculture under this subchapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 1601 of this title.
### §2005b. Repealed. Pub. L. 107–171, title II, §2502(b), May 13, 2002, 116 Stat. 267

Section, Pub. L. 104–127, title III, §386, Apr. 4, 1996, 110 Stat. 1017, related to conservation of private grazing land. See section 3839bb of this title.