alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TERRI FREEMAN; EARL FREEMAN,

Plaintiffs

- Appellants,

v. ETHICON, INC.; JOHNSON & JOHNSON,

Defendants

- Appellees. No. 22

- 56037
D.C. No. 2:20

- cv - 10661

- CBM

- SK

MEMORANDUM *

Appeal from the United States District Court for the Central District of California Consuelo B. Marshall, District Judge, Presiding Argued and Submitted November 13, 2023

Pasadena, California
Before: RAWLINSON, CLIFTON, and HURWITZ, Circuit Judges. Plaintiffs Terri and Earl Freeman (“the Freemans”) appeal from a judgment
entered after a jury verdict in favor of Ethicon and Johnson & Johnson (collectively “Ethicon”)

. The Freemans claim that the jury instructions erroneously
conflated the risks of the Prolift+M device with those posed by other Ethicon
devices not at issue in the case . Because it is unlikely that the outcome would have

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3. 

# FILED

NOV 17 2023
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2

differed under the Freemans’ propos ed instructions , we affirm.
E rroneous instruction s do not justify overturning a jury verdict if it is “more probable than not that the jury would have reached the same verdict had it been properly instructed

. ” See Dunlap v. Liberty Nat. Prods., Inc. , 878 F.3d 794, 798 (9th Cir. 2017) (citation and quotations omitted). Here, any hypothetical error in
the district court’s instruction s was harmless. The court’s final instructions were almost identical to the language the Freemans suggested in their initial motion for issue preclusion and again in the joint pretrial conference order , merely changing the scope from “ Defendants’ polypropylene mesh products ( and specifically the Prolift+M)” to “ Defendants’ polypropylene mesh products ( including the Prolift+M).” Although Ethicon took advantage of the final instructions in its closing argument , it could have made the same argument s under the Freemans’ proposal

. Given the similarity of both formulations

— “ and specifically ” and “including”

— it is unlikely that the jury woul d have seen much daylight between
them. The Freemans appear to have noticed that potential vagueness , which is why their final proposed instructions referred solely to “Defendants’ Prolift+M.”
However , the district court ’s rejection of that proposal did not preclude the
Freemans from arguing that Ethicon ’s other products carry some of th e enumerated risks, but that only the Prolift+M features all of them. Indeed, the Freemans3

elicited significant testimony emphasizing the differences between the Prolift+M
and the TVT

- O, another Ethicon product, and their closing argument underscored
those differences. Especially given the opaque nature of a general verdict after a long trial , it does not appear “more probable than not” that the outcome would
have differed under a slightly different instruction.
AFFIRMED.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5119 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 5119

  To prohibit the obligation or expenditure of funds available to any 
Federal department or agency for any fiscal year to purchase or issue a 
       license for the purchase of heavy water produced in Iran.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2016

  Mr. Pompeo (for himself, Mr. Roskam, Mr. Zeldin, Mr. DeSantis, Mr. 
  Lamborn, and Mr. Franks of Arizona) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
  To prohibit the obligation or expenditure of funds available to any 
Federal department or agency for any fiscal year to purchase or issue a 
       license for the purchase of heavy water produced in Iran.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No \2\H<INF>2</INF>O from Iran 
Act''.

SEC. 2. PROHIBITION ON OBLIGATION OR EXPENDITURE OF FUNDS TO PURCHASE 
              OR ISSUE A LICENSE FOR THE PURCHASE OF HEAVY WATER 
              PRODUCED IN IRAN.

    No funds available to any Federal department or agency for any 
fiscal year may be obligated or expended--
            (1) to purchase heavy water produced in Iran; or
            (2) to issue a license for the purchase of heavy water 
        produced in Iran.
                                 <all>
```
[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Corrections]
[Page 71123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: Z4-3122]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Notice of Proposed Information Collection Requests

Correction

    In notice document E4-3122 beginning on page 65153 in the issue of 
Wednesday, November 10, 2004, make the following correction:
    On page 65153, in the second column, in the DATES section, in the 
second and third lines, ``January 10, 2004'' should read ``January 10, 
2005''.

[FR Doc. Z4-3122 Filed 12-7-04; 8:45 am]
BILLING CODE 1505-01-D
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5152 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 5152

To amend the hold harmless provision for career and technical education 
                      assistance grants to States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2016

   Mr. Heck of Nevada (for himself and Mr. Grijalva) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL

 
To amend the hold harmless provision for career and technical education 
                      assistance grants to States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Career and Technical Education 
Equity Act''.

SEC. 2. HOLD HARMLESS.

    Section 111(a)(5)(A) of the Carl D. Perkins Career and Technical 
Education Act of 2006 (20 U.S.C. 2321(a)(5)(A)) is amended to read as 
follows:
                    ``(A) In general.--No State shall receive an 
                allotment under this section for a fiscal year that is 
                less than 90 percent of the allotment the State 
                received under this section for the preceding fiscal 
                year.''.
                                 <all>
```
Travis THURSTON, Appellant, v. STATE of Florida, Appellee.

No. 1D17-2548

District Court of Appeal of Florida, First District.

June 28, 2018

Candice Kaye Brower, Criminal Conflict & Civil Regional Counsel, Gainesville, and Melissa Joy Ford, Assistant Regional Conflict Counsel, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Daniel Krumbholz, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Travis Thurston appeals his convictions for aggravated assault with a firearm, discharging a firearm in public, battery on a law enforcement officer, and resisting arrest. We affirm.

Thurston was arrested in 2015 after he shot a car and bit two police officers in a McDonald's parking lot. Thurston's bizarre behavior led the trial court to appoint an expert to determine whether he was competent to proceed. But before the court could make a competency determination, Thurston was taken into federal custody on unrelated charges. Nearly two years later, he returned to face his state charges. By then, a new judge and prosecutor were assigned, and Thurston had a new public defender.

Two witnesses into Thurston's trial, the new judge realized the previous judge never made a competency finding. So during a continuance, the court appointed another expert to evaluate Thurston. That expert promptly evaluated Thurston, opined that he was competent, and prepared a report. The court then held a hearing and entered an order finding Thurston competent based on the expert's report.

*775Thurston's first argument on appeal is that it was fundamental error to begin the trial without determining his competency. *See**Zern v. State* , 191 So.3d 962, 964 (Fla. 1st DCA 2016) ("[O]nce the court has reasonable grounds to question the defendant's competency, the court has no choice but to conduct a hearing to resolve the question."); *Cotton v. State* , 177 So.3d 666, 667-68 (Fla. 1st DCA 2015) ("It is a due process violation to proceed against an incompetent criminal defendant."). We have held, though, that a conviction can stand if the trial court can retroactively determine competency. *Chester v. State* , 213 So.3d 1080, 1083 (Fla. 1st DCA 2017) ; *see also**Dougherty v. State* , 149 So.3d 672, 679 (Fla. 2014). Here, although the trial was already underway, the court promptly determined Thurston's competency once the issue reappeared. There was no fundamental error.

Thurston's second argument is that his trial counsel was constitutionally ineffective. However, to succeed with this argument on direct appeal, Thurston needed to show "ineffectiveness obvious on the face of the record, indisputable prejudice, and an inconceivable tactical explanation for the conduct." *Morales v. State* , 170 So.3d 63, 67 (Fla. 1st DCA 2015) (on rehearing). He has failed to meet this heavy burden, so he can raise his ineffective-assistance claims only through a rule 3.850 motion.

AFFIRMED .

Wolf, Jay, and Winsor, JJ., concur.
## Breadcrumb

-  Publications 
-  Articles 

#           Restoring a forest icon: Could returning the American chestnut remodel our wildlife landscape?      

      August 31, 2019    

Mother Nature was not making it easy. It was February 18, 2009, and winds were gusting, sleet was falling, and temperatures were hovering around 40° F. Our crew of 9 which consisted of personnel from the USDA Forest Service Southern Research Station, the Cherokee National Forest, and The University of Tennessee’s Tree Improvement Program, was attempting to establish the first test planting of American chestnuts (Castanea dentata) bred for resistance to an exotic fungal pathogen, the chestnut blight (Cryphonectria parasitica). With each hole dug and seedlings tamped into the ground, our hope was that we were one step closer to restoring an important wildlife food to eastern hardwood forests.

## Citation Information

## Related Content

                  -              Connect           

#### Joseph Clark, Ph.D.

##### Supervisory Research Ecologist

Northern Rocky Mountain Science Center

jclark1@usgs.gov

865-974-4790

## Related Content

#### Joseph Clark, Ph.D.

##### Supervisory Research Ecologist

Northern Rocky Mountain Science Center

jclark1@usgs.gov

865-974-4790

### Study Area

### Contact

####               Eastern Ecological Science Center at the Leetown Research Laboratory          

11649 Leetown RoadKearneysville, WV25430United States

####               Northern Rocky Mountain Science Center (NOROCK) Headquarters          

2327 University WaySuite 2Bozeman, MT59715United States

406-994-7544

406-994-6556

### Explore Search

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View All **
[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Page 39961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: Z9-18545]


=======================================================================
-----------------------------------------------------------------------

FEDERAL HOUSING FINANCE AGENCY

[No. 2009-N-10]


 Federal Home Loan Bank Collateral for Advances and Interagency 
Guidance on Nontraditional Mortgage Products

Correction

    In Notice document E9-18545 beginning on page 38618 in the issue of 
August 4, 2009, make the following correction:
    On page 38618, the DATES: section should read: ``Comments must be 
received on or before October 5, 2009.''

[FR Doc. Z9-18545 Filed 8-7-09; 8:45 am]
BILLING CODE 1505-01-D
STATE of Florida, Department of Revenue, etc., Appellant, v. Milton TOMLIN, Appellee.

No. 3D16-2772

District Court of Appeal of Florida, Third District.

Opinion filed May 16, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
##### 



---

---

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

Amendment No. 1 to
FORM 10-Q
on FORM 10-Q/A

(Mark One)

|     |  |                                                                                         
|---- |  | ----------------------------------------------------------------------------------------
|[X]  |  | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934 
|    
|     |  | For the quarterly period ended June 30, 2002                                            
|    
|     |  | OR                                                                                      
|    
|[  ] |  | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934

For the transition period from _____ to _____

Commission file number 000-28473

TRUETIME, INC.

|                                  |  |                                                
|--------------------------------- |  | -----------------------------------------------
|DELAWARE
(State of
Incorporation) |  | 94-3343279
(I.R.S. Employer
Identification No.)

3750 Westwind Blvd.

SANTA ROSA, CALIFORNIA 95403

(707) 528-1230

(Address of principal executive offices)



---



Indicate by check mark whether the registrant (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange Act of
1934 during the preceding 12 months (or for such shorter period that the
registrant was required to file such reports), and (2) has been subject to such
filing requirements for the past 90 days. Yes [X ] No [   ]

There were 5,950,000 shares of the Registrants Common Stock outstanding
as of the close of business on August 12, 2002.



---

---





---



##### 



The undersigned
registrant is filing this amendment to file Exhibit 2.1 listed
in Part II, Item 6, which exhibit was inadvertently omitted
from the original filing.



---



##### 



SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this Amendment No. 1 to be signed on its behalf by the
undersigned hereunto duly authorized.

| |                |     |  |                                                                                   
| | -------------- | --- |  | ----------------------------------------------------------------------------------
| | TRUETIME, INC.
|
| |                | By: |  | /s/ John E. Dutil                                                                 
| |                |     |  |                                                                                   
| |                |     |  | John E. Dutil
Chief Financial Officer
(Principal Financial and Accounting Officer)

Date: August 15, 2002
## Breadcrumb

-  Publications 
-  Reports 

#           Pocahontas folio, Virginia-West Virginia      

      January 1, 1896    

View Document

View Plate

View Plate

View Plate

View Plate

The territory represented by the Pocahontas atlas sheet is one-quater of a square degree of the earth's surface, extending from latitude 37° on the south to 37° 30' on the north, and from longitude 81° on the east to 81° 30' on the west.  Its average width is 27.5 miles, its length 34.5 miles, and its area 951 square miles.

## Citation Information

### Study Area

### Explore Search

                  - United States
                  - Virginia
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View All **
26 August 2014 DOH/EPA Request for Additional Information of 01 August 2014

Red Hill Bulk Fuel Storage Facility

Questions 9 through 12, (DOH/EPA Request 1c.): Describe all monitoring efforts from 2009

‐ present of

groundwater and/or drinking water. Provide any supporting documents (including monitoring data,

sampling methods, and analytical methods exercised).

Response : In general, fuel product monitoring has been conducted at wells RHMW01, RHMW02, and

RHMW03 monthly since January 2009. Fuel product monitoring has been conducted at well RHMW05

since July 2009, following completion of the well installation. Results of the monthly oil/water interface

measurements have been submitted to the DOH, as shown on the list of regulatory correspondence.

(Results of the January, February, and March 2009 measurements are included in the Quarterly

[February 2009] Groundwater Monitoring Report.)

In general, groundwater samples from wells RHMW01, RHMW02, RHMW03, RHMW05, OWDFMW01,

HDMW2253

‐ 03, and sampling point RHMW2254

‐ 01 (Red Hill Shaft) have been collected and analyzed

quarterly. Four quarterly samples were collected from well RHMW04 from August 2009 through April

2010. Due to the non

‐ detect analytical results, and with concurrence from the DOH, no additional

samples were collected from RHMW04 until July 2014.

Monitoring data was submitted to the DOH as shown on the list of regulatory correspondence.

Sampling methods and analytical methods that were exercised were described in the following

documents:

 Quarterly Groundwater Monitoring Reports

 Groundwater Protection Plan of January 2008, revised December 2009

 Work Plan, Long

‐ Term Monitoring of September 2010

 Work Plan/ Sampling and Analysis Plan, Long

‐ Term Groundwater and Soil Vapor Monitoring of

October 2012

Note : Drinking water monitoring information will be provided separately.
LaRonald SPEAR, Appellant, v. STATE of Florida, Appellee.

No. 1D16-5504

District Court of Appeal of Florida, First District.

July 17, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 32.2

**CERTIFICATION**

          In connection with the periodic report of 724 Solutions Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2005, as filed with the Securities and Exchange Commission (the “Report”), I, Glenn Barrett, Chief Financial Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:

|   | (1)  the Report fully complies with the   requirements of Section 13(a) or 15(d), as applicable, of the Securities   Exchange Act of 1934, and                                                             |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                            |
|   | (2)  the information contained in the Report   fairly presents, in all material respects, the financial condition and   results of operations of the Company at the dates and for the periods   indicated. |

          This Certification has not been, and shall not be deemed, “filed” with the Securities and Exchange Commission.

| Date:  November 14, 2005 | /s/ Glenn   Barrett |
|-------------------------------|---------------------|
|                          |                     |  |
|                          | Name:               | Glenn Barrett |
|                          | Title:              | Chief Financial Officer and Senior Vice-President, Corporate Services |
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5162 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
114th CONGRESS
  2d Session
                                H. R. 5162

_______________________________________________________________________

                                 AN ACT

 
 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to disclose to non-Department of Veterans Affairs 
 health care providers certain medical records of veterans who receive 
                    health care from such providers.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vet Connect Act of 2016''.

SEC. 2. AUTHORITY TO DISCLOSE CERTAIN MEDICAL RECORDS OF VETERANS WHO 
              RECEIVE NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE.

    Section 7332(b)(2) of title 38, United States Code, is amended by 
adding at the end the following new subparagraph:
            ``(H) To a non-Department entity (including private 
        entities and other departments or agencies of the Federal 
        Government) that provides hospital care or medical treatment to 
        veterans.''.

            Passed the House of Representatives September 26, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 5162

_______________________________________________________________________

                                 AN ACT

 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to disclose to non-Department of Veterans Affairs 
 health care providers certain medical records of veterans who receive 
                    health care from such providers.
```
Callie Ann Elliott VICE v. Patrick Charles VICE

NO. 2018-CJ-1259

Supreme Court of Louisiana.

August 31, 2018

Denied.