alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
I 

118TH CONGRESS 

1ST SESSION H. R. 93 

To require a particular jury instruction in Federal civil actions that include 

a claim for damages based on negligence arising from the transmission 

of COVID19. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. BIGGS introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To require a particular jury instruction in Federal civil actions that include a claim for damages based on negligence arising from the transmission of COVID19. 

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 ‘‘Protecting Businesses 

5 From Frivolous COVID Lawsuits Act of 2023’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 93 IH

1 SEC. 2. JURY INSTRUCTION IN FEDERAL CIVIL ACTIONS 

2 THAT INCLUDE A CLAIM ALLEGING NEG3 LIGENCE ARISING FROM THE TRANSMISSION 

4 OF COVID–19. 

5 In a Federal civil action that includes a claim alleging 

6 negligence arising from the transmission of COVID–19 

7 and a request for damages, the court shall instruct a jury 

8 that— 

9 (1) the liability standard is the reasonable per10 son standard, 

11 (2) a person is negligent if the person either 

12 does something that a reasonably careful person 

13 would not do in the same situation, or fails to do 

14 something that a reasonably careful person would 

15 do, in the same situation, 

16 (3) the act of opening a business, by itself, shall 

17 be considered to be reasonable as a matter of law, 

18 and 

19 (4) the negligence may not be found solely on 

20 the basis of holding oneself open for business. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
§ 550.282 Do I have to conduct post-approval monitoring? After approving your EP, DPP, or DOCD, the Regional Supervisor may direct you to conduct monitoring programs, including monitoring in accordance with the ESA and the MMPA. You must retain copies of all monitoring data obtained or derived from your monitoring programs and make them available to the BOEM upon request. The Regional Supervisor may require you to: ( a ) *Monitoring plans.* Submit monitoring plans for approval before you begin the work; and
( b ) *Monitoring reports.* Prepare and submit reports that summarize and analyze data and information obtained or derived from your monitoring programs. The Regional Supervisor will specify requirements for preparing and submitting these reports.
<PAGE>
                                                                    EXHIBIT 10.1


                         AMENDMENT TO JOHN A. MORELLI'S
                              EMPLOYMENT AGREEMENT
                             DATED NOVEMBER 1, 2000

         THIS AMENDMENT, made as of the 30th day of September 2002 by and
between FATS, Inc., a Delaware corporation (the "Company"), and John A. Morelli
(the "Executive").

         THIS AMENDMENT hereby amends certain terms of Mr. Morelli's employment
agreement as follows:

         1.       EMPLOYMENT TERM - the term of this employment agreement is
hereby extended by one year and shall end on October 1, 2004.

         2.       TERMINATION WITHOUT CAUSE - the Executive will be paid an
amount equal to his annual Base Salary as in effect immediately prior to the
Executive's termination of employment, payable in substantially equal bi-weekly
installments during the twelve (12) month period immediately following the
Executive's termination of employment with the Company.

         3.       TERMINATION SEVERANCE PAYMENTS - the severance amount payable
to the Executive during the 12-month period following the Executive's
termination shall not be reduced by any salary, bonus or other compensation
which the Executive receives from any other company as an employee, director or
consultant.

                  All other terms and conditions of Mr. Morelli's employment
remain as stated in the November 1, 2000 Employment Agreement.

                  IN WITNESS WHEREOF, the parties have executed this Amendment
the day and year above written.

                                FATS, INC.


                                By:
                                         --------------------------------------
                                         Ron R. Mohling
                                Its:     Chairman of the Board and CEO


                                Executive:

                                By:
                                         --------------------------------------
                                         John A. Morelli
                                         Chief Financial Officer
### §44112. Limitation of liability

(a) Definitions.—In this section—

(1) "lessor" means a person leasing for at least 30 days a civil aircraft, aircraft engine, or propeller.

(2) "owner" means a person that owns a civil aircraft, aircraft engine, or propeller.

(3) "secured party" means a person having a security interest in, or security title to, a civil aircraft, aircraft engine, or propeller under a conditional sales contract, equipment trust contract, chattel or corporate mortgage, or similar instrument.

(b) Liability.—A lessor, owner, or secured party is liable for personal injury, death, or property loss or damage only when a civil aircraft, aircraft engine, or propeller is in the actual possession or operational control of the lessor, owner, or secured party, and the personal injury, death, or property loss or damage occurs because of—

(1) the aircraft, engine, or propeller; or

(2) the flight of, or an object falling from, the aircraft, engine, or propeller.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1167; Pub. L. 115–254, div. B, title V, §514, Oct. 5, 2018, 132 Stat. 3358.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 44112 | 49 App.:1404. | Aug. 23, 1958, Pub. L. 85–726, §504, 72 Stat. 774; restated July 8, 1959, Pub. L. 86–81, §2, 73 Stat. 180. |

Section

In subsection (a), clauses (1) and (3) are derived from 49 App.:1404 (2d–57th words). Clause (2) is added for clarity. In clause (1), the words "bona fide" are omitted as surplus. In clause (3), the word "nature" is omitted as surplus.

In subsection (b), before clause (1), the words "personal injury, death" are substituted for "any injury to or death of persons", and the words "on land or water" are substituted for "on the surface of the earth (whether on land or water)", to eliminate unnecessary words. In clause (2), the words "ascent, descent, or" and "dropping or" are omitted as surplus.

#### **Editorial Notes**

#### Amendments

2018—Subsec. (b). Pub. L. 115–254, in introductory provisions, struck out "on land or water" before "only when" and inserted "operational" before "control".
### §41305. Award of reparations

(a) Definition.—In this section, the term "actual injury" includes the loss of interest at commercial rates compounded from the date of injury.

(b) Basic Amount.—If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part.

(c) Additional Amounts.—On a showing that the injury was caused by an activity prohibited by section subsection 1 (b) or (c) of section 41102, paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury.

(d) Difference Between Rates.—If the injury was caused by an activity prohibited by subparagraph (A) or (B) of section 41104(a)(4), the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper.

(e) Attorney Fees.—In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1546; Pub. L. 113–281, title IV, §402, Dec. 18, 2014, 128 Stat. 3056; Pub. L. 117–146, §§12, 15(c), June 16, 2022, 136 Stat. 1279.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 41305 | 46 App.:1710(g) (less time limit). | Pub. L. 98–237, §11(g) (less time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, §3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, §110, Oct. 14, 1998, 112 Stat. 1911. |

Section

In subsection (b), the words "within the period specified in section 41301(a) of this title" are substituted for "within 3 years after the cause of action accrued" because the time limit is restated in section 41301(a) instead of in this section. The words "upon petition of the complainant" are omitted as unnecessary. The words "after notice and hearing" are omitted as unnecessary because of section 41304(a) of the revised title.

#### **Editorial Notes**

#### Amendments

2022—Subsec. (c). Pub. L. 117–146, §15(c)(1), substituted "paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105" for "41104(3) or (6), or 41105(1) or (3) of this title".

Pub. L. 117–146, §12, substituted "subsection (b) or (c) of section 41102" for "41102(b)".

Subsec. (d). Pub. L. 117–146, §15(c)(2), substituted "subparagraph (A) or (B) of section 41104(a)(4)" for "section 41104(4)(A) or (B) of this title".

2014—Subsec. (b). Pub. L. 113–281, §402(1), struck out ", plus reasonable attorney fees" before period at end.

Subsec. (e). Pub. L. 113–281, §402(2), added subsec. (e).

1 So in original.
#### The People of the State of New York, Respondent, v Raymond *754Coffey, Appellant.

Judgment, Supreme Court, Bronx County, rendered on January 14, 1977, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur—Kupferman, J. P., Lupiano, Yesawich and Sandler, JJ.
#### §§ 550.286-550.295 [Reserved]
### §1451. Deadlines for auction of certain spectrum

#### (a) Clearing certain Federal spectrum

#### (1) In general

The President shall—

(A) not later than 3 years after February 22, 2012, begin the process of withdrawing or modifying the assignment to a Federal Government station of the electromagnetic spectrum described in paragraph (2); and

(B) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete.

#### (2) Spectrum described

The electromagnetic spectrum described in this paragraph is the 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz identified under paragraph (3).

#### (3) Identification by Secretary of Commerce

Not later than 1 year after February 22, 2012, the Secretary of Commerce shall submit to the President a report identifying 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz for reallocation from Federal use to non-Federal use.

#### (b) Reallocation and auction

#### (1) In general

Notwithstanding paragraph (15)(A) of section 309(j) of this title, not later than 3 years after February 22, 2012, the Commission shall, except as provided in paragraph (4)—

(A) allocate the spectrum described in paragraph (2) for commercial use; and

(B) through a system of competitive bidding under such section, grant new initial licenses for the use of such spectrum, subject to flexible-use service rules.

#### (2) Spectrum described

The spectrum described in this paragraph is the following:

(A) The frequencies between 1915 megahertz and 1920 megahertz.

(B) The frequencies between 1995 megahertz and 2000 megahertz.

(C) The frequencies described in subsection (a)(2).

(D) The frequencies between 2155 megahertz and 2180 megahertz.

(E) Fifteen megahertz of contiguous spectrum to be identified by the Commission.

#### (3) Proceeds to cover 110 percent of Federal relocation or sharing costs

Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of this title.

#### (4) Determination by Commission

If the Commission determines that the band of frequencies described in paragraph (2)(A) or the band of frequencies described in paragraph (2)(B) cannot be used without causing harmful interference to commercial mobile service licensees in the frequencies between 1930 megahertz and 1995 megahertz, the Commission may not—

(A) allocate such band for commercial use under paragraph (1)(A); or

(B) grant licenses under paragraph (1)(B) for the use of such band.

#### (c) Omitted

(Pub. L. 112–96, title VI, §6401, Feb. 22, 2012, 126 Stat. 222.)

#### **Editorial Notes**

#### Codification

Section is comprised of section 6401 of Pub. L. 112–96. Subsec. (c) of section 6401 of Pub. L. 112–96 amended section 309 of this title.
### §§1272 to 1272g. Transferred

#### **Editorial Notes**

#### Codification

Sections 1272 to 1272g of this title were transferred to section 1341 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the Code.

Section 1272, act Apr. 30, 1946, ch. 244, title IV, §401, 60 Stat. 151, related to authorization of an executive agreement between the Philippines and the United States, and was transferred to section 1341 of Title 22.

Section 1272a, act Apr. 30, 1946, ch. 244, title IV, §402, 60 Stat. 152, related to obligations of the Philippines, and was transferred to section 1342 of Title 22.

Section 1272b, act Apr. 30, 1946, ch. 244, title IV, §403, 60 Stat. 153, related to obligations of the United States, and was transferred to section 1343 of Title 22.

Section 1272c, act Apr. 30, 1946, ch. 244, title IV, §404, 60 Stat. 153, related to termination of agreement, and was transferred to section 1344 of Title 22.

Section 1272d, act Apr. 30, 1946, ch. 244, title IV, §405, 60 Stat. 154, related to effect of termination of agreement, and was transferred to section 1345 of Title 22.

Section 1272e, act Apr. 30, 1946, ch. 244, title IV, §406, 60 Stat. 154, related to interpretation of agreement, and was transferred to section 1346 of Title 22.

Section 1272f, act Apr. 30, 1946, ch. 244, title IV, §407, 60 Stat. 154, related to termination of authority to make agreement, and was transferred to section 1347 of Title 22.

Section 1272g, act Apr. 30, 1946, ch. 244, title IV, §408, 60 Stat. 154, related to effective date of agreement, and was transferred to section 1348 of Title 22.
### §218. Management of business; inquiries by Commission

The Commission may inquire into the management of the business of all carriers subject to this chapter, and shall keep itself informed as to the manner and method in which the same is conducted and as to technical developments and improvements in wire and radio communication and radio transmission of energy to the end that the benefits of new inventions and developments may be made available to the people of the United States. The Commission may obtain from such carriers and from persons directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created.

(June 19, 1934, ch. 652, title II, §218, 48 Stat. 1077.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.530 What if my casing pressure request is denied? ( a ) If your casing pressure request is denied, then the operating company must submit plans for corrective action to the respective District Manager within 30 days of receiving the denial. The District Manager will establish a specific time period in which this corrective action will be taken. You must notify the respective District Manager within 30 days after completion of your corrected action.
( b ) You must submit the casing diagnostic test data to the appropriate Regional Supervisor, Field Operations, within 14 days of completion of the diagnostic test required under § 250.523(e).
[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012, as amended at 84 FR 21976, May 15, 2019]
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21
- 6430

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ALVIN ANDRAE DRUMMOND , Defendant

- Appellant

.

Appeal from the United States District Court for the District of South Carolina , at Greenville

. Henry M. Herlong, Jr. , Senior District Judge. ( 6:17

- cr - 00517

- HMH

- 1; 6:20

- cv - 03125

- HMH )

Submitted : April 2 5 , 2023 Decided: April 27, 2023

Before GREGORY, Chief Judge, THACKER , Circuit Judge , and MOTZ , Senior Circuit Judge

.
Dismissed by un published per curiam opinion

. Alvin Andrae Drummond, Appellant Pro Se. Maxwell B. Cauthen, III, Assistant United States Attorney, OFFICE OF THE UNITE D STATES ATTORNEY, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-6430 Doc: 7 Filed: 04/27/2023 Pg: 1 of 22 PER CURIAM: Alvin Andrae Drummond seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 225 5 motion . Th e order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)( B ). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U. S.C. § 2253(c)(2). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists c ould find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Da vis , 580 U.S. 100, 115

- 17 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the motion states a debatable claim of the denial of a constitut ional right. Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473,
484 (2000))

. We have independently reviewed the record and conclude that Drummond has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 21-6430 Doc: 7 Filed: 04/27/2023 Pg: 2 of 2
### SUBCHAPTER III—LEGISLATIVE BRANCH
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsThermal Contact ConductanceThe performance of cryogenic instruments is often a function of their operating temperature. Thus, designers of cryogenic instruments often are required to predict the operating temperature of each instrument they design. This requires accurate thermal models of cryogenic components which include the properties of the materials and assembly techniques used. When components are bolted or otherwise pressed together, a knowledge of the thermal performance of such joints are also needed. In some cases, the temperature drop across these joints represents a significant fraction of the total temperature difference between the instrument and its cooler. While extensive databases exist on the thermal properties of bulk materials, similar databases for pressed contacts do not. This has often lead to instrument designs that avoid pressed contacts or to the over-design of such joints at unnecessary expense. Although many people have made measurements of contact conductances at cryogenic temperatures, this data is often very narrow in scope and even more often it has not been published in an easily retrievable fashion, if published at all. This paper presents a summary of the limited pressed contact data available in the literature.Document ID19970026086Acquisition SourceAmes Research CenterDocument TypeTechnical Memorandum (TM)AuthorsSalerno, Louis J.*(NASA Ames Research Center Moffett Field, CA United States)*Kittel, Peter*(NASA Ames Research Center Moffett Field, CA United States)*Date AcquiredSeptember 6, 2013Publication DateFebruary 1, 1997Subject CategoryPhysics (General)Report/Patent NumberA-975428NASA-TM-110429NAS 1.15:110429Accession Number97N25435Funding Number(s)PROJECT: RTOP 632-30-34Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19970026086.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
§ 56.9300 Berms or guardrails. ( a ) Berms or guardrails shall be provided and maintained on the banks of roadways where a drop-off exists of sufficient grade or depth to cause a vehicle to overturn or endanger persons in equipment.
( b ) Berms or guardrails shall be at least mid-axle height of the largest self-propelled mobile equipment which usually travels the roadway.
( c ) Berms may have openings to the extent necessary for roadway drainage.
( d ) Where elevated roadways are infrequently traveled and used only by service or maintenance vehicles, berms or guardrails are not required when all of the following are met: ( 1 ) Locked gates are installed at the entrance points to the roadway.
( 2 ) Signs are posted warning that the roadway is not bermed.
( 3 ) Delineators are installed along the perimeter of the elevated roadway so that, for both directions of travel, the reflective surfaces of at least three delineators along each elevated shoulder are always visible to the driver and spaced at intervals sufficient to indicate the edges and attitude of the roadway.
( 4 ) A maximum speed limit is posted and observed for the elevated unbermed portions of the roadway. Factors to consider when establishing the maximum speed limit shall include the width, slope and alignment of the road, the type of equipment using the road, the road material, and any hazardous conditions which may exist.
( 5 ) Road surface traction is not impaired by weather conditions, such as sleet and snow, unless corrective measures are taken to improve traction.
( e ) This standard is not applicable to rail beds.
[53 FR 32520, Aug. 25, 1988, as amended at 55 FR 37218, Sept. 7, 1990]