alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dobbs, administrator, *v.*McCandless.

February 11, 1915.

Equitable petition. Before Judge Patterson. Cherokee superior court. August 8, 1913.

*J. P. Brooke*and *Dorsey, Brewster, Howell & Heyman,*for plaintiff. *J. Z. Foster,*for defendant.

Per Curiam.

1. The case was brought to this court by direct bill of exceptions. It did not contain any brief of the evidence, nor was any such brief made a part of the record. Most of the errors complained of involve a consideration of the evidence, and can not be properly decided without reference thereto. In several instances the bill of exceptions recites that evidence of a certain character and tending to prove certain things was introduced; but the judge declined to certify that such was the fact. None of the assignments of error of this character or which would involve a consideration of the evidence for their correct determination will be considered by this court.

2. Where an amendment to the plaintiff’s petition was prepared on the fifth day of the month, and was not tendered until the eighth thereof, after the plaintiff had closed his testimony and after nearly all of the defendant’s witnesses had been examined, and no sufficient reason was shown why it should not have been tendered sooner, there was no abuse of discretion in declining to-allow it except upon the payment of cost. Civil Code (1910), § 5685. The statements in the bill of exceptions were not sufficient to show an abuse of discretion in such ruling.

3. While there may have been some slight inaccuracy in the charge in stating the contentions of the parties, yet, when the pleadings are considered as a whole and the charge is viewed in its entirety, there is nothing which requires a reversal.

*Judgment affirmed.*

*All the Justices concur, except Fish, G. J., absent.*
#### Caridad Cuevas et al., Respondents, v St. Luke’s Roosevelt Hospital Center, Appellant.

[945 NYS2d 2]—

Order, Supreme Court, New York County (Carol E. Huff, J.), entered October 12, 2010, which, to the extent appealed from as limited by the briefs, denied defendant hospital’s motion for judgment notwithstanding the verdict or a new trial on all issues, and granted the alternative relief of a new trial on damages only to the extent of ordering a new trial on damages for future pain and suffering and future loss of services unless the parties stipulated to reduce the award for future pain and suffering from $1 million to $500,000 over a period of 55 years, and for future loss of services from $200,000 to $100,000, unanimously affirmed, without costs.

The jury’s verdict was supported by sufficient evidence and was not against the weight of the evidence (see *Cohen v Hallmark Cards,*45 NY2d 493, 498-499 [1978]; *Lolik v Big V Supermarkets,*86 NY2d 744, 746 [1995]). Indeed, there was sufficient evidence that defendant’s anesthesiologist overstretched plaintiffs jaw during intubation, resulting in TMJ dysfunction. That the parties’ experts disagreed on causation simply presented an issue for the jury, and the jury’s resolution of the issue is entitled to deference *(see Feldman v Levine,*90 AD3d 477, 478 [2011], *lv granted*18 NY3d 809 [2012]; *Warren v New York Presbyt. Hosp., 88*AD3d 591, 592 [2011]).

The trial court properly refused to charge the jury with a *581missing witness charge concerning one of plaintiffs doctors. The physician’s notes and records had been entered into evidence by stipulation; thus, his testimony would have been cumulative *(see Jellema v 66 W. 84th St. Owners Corp.,*248 AD2d 117 [1998]). Plaintiffs counsel’s questioning of defendant’s expert with respect to medical literature was not unduly prejudicial.

The reduced awards for future pain and suffering and future loss of services do not materially deviate from what is reasonable compensation *(see*CPLR 5501[c]). Plaintiff, 27 years old at the time of trial, could not open her mouth more than 15 millimeters without pain, eat without pain or cutting food into very small pieces, or kiss her husband normally, and she had to wear a mouth guard at all times, which caused her to lisp *(compare Beauvais v City of New York,*21 Misc 3d 127[A], 2008 NY Slip Op 51920[U], **2*[2008]; *Thomas-Vasciannie v State of New York,*14 Misc 3d 1228[A], 2006 NY Slip Op 52563[U], *13 [2006]). Concur — Friedman, J.P., Sweeny, Freedman and Román, JJ. [Prior Case History: 2010 NY Slip Op 32818(U).]
#### The People of the State of New York, Respondent, v Nicholas Rosa, Appellant.

Upon remittitur from the Court of Appeals, judgment, Supreme Court, New York County (Joseph Marro, J.), rendered on May 17, 1977, unanimously *490affirmed. No opinion. Concur&emdash;Kupferman, J. P., Sullivan, Carro and Lynch, JJ.
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

March 31, 2010 

p0324 

Order 

 

March 31, 2010 

140349 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 140349 

 COA: 286046 

Mason CC: 07-001876-FC 

WILLIAM FRANCIS COCKREAM, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the November 19, 2009 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
#### **Exhibit 12.2**

#### ** **

#### **CERTIFICATION**

 

 

I, Maarten Henderson, certify that:

 

1.                         I have reviewed this annual report on Form 20-Fof Koninklijke KPN N.V.;

 

2.                         Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.                         Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the company as of, and for, the periods presented in thisreport;

 

4.                         The company’s other certifying officer(s) and Iare responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for thecompany and have:

 

(a)    Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the company, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

(b)    Evaluated the effectivenessof the company’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

(c)    Disclosed in this report anychange in the company’s internal control over financial reporting that occurredduring the period covered by the annual report that has materially affected, oris reasonably likely to materially affect, the company’s internal control overfinancial reporting; and

 

5.                         The company’s other certifying officer(s) and Ihave disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the company’s auditors and the audit committee of thecompany’s board of directors (or persons performing the equivalent functions):

 

(a)    all significant deficiencies and materialweaknesses in the design or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the company’s ability torecord, process, summarize and report financial information; and

 

(b)    Any fraud, whether or not material, that involves management orother employees who have a significant role in the company’s internal controlover financial reporting.

 
| Date: March 8, 2004                   |
|--------------------------------------------|
|                                       |
| /s/ Maarten Henderson                      |   |
| Member  of the Board of Management and CFO |

 

----
trip-ex101_88.htm



Exhibit 10.1

TRIPADVISOR, INC. 

AMENDMENT NO. 1 TO 

2018 STOCK AND ANNUAL INCENTIVE PLAN 

This Amendment No. 1 dated June 8, 2021 (this “Amendment”) amends the 2018 Stock and Annual Incentive Plan (the “Plan”) of Tripadvisor, Inc., a Delaware corporation (the “Company”). Except as otherwise explicitly set forth herein, all provisions of the Plan shall remain in full force and effect. Capitalized terms used in this Amendment without definition shall have the meanings set forth in the Plan. 

WHEREAS, the Company desires to amend the Plan as hereinafter provided in order to increase the number of shares of Common Stock issuable under the Plan by an additional 10,000,000 shares; and 

WHEREAS, the Board of Directors approved the substance of this Amendment as of April 13, 2021 and, accordingly, the Company desires to amend the Plan as hereinafter provided. 

NOW, THEREFORE, the Plan is hereby amended as follows: 

1.Increase in Number of Shares Subject to the Plan. Section 4(a) of the Plan is amended to read in its entirety as follows: 

(a)    Shares Available for Awards.  The maximum number of Shares that may be delivered pursuant to Awards under the Plan shall be (i) 10,000,000, plus (ii) any Shares available for issuance under the Plan not issued or subject to outstanding Awards under such plan as of the Effective Date.  For purposes of this limitation, Shares underlying any Awards that are forfeited, canceled, held back upon exercise of an Option or settlement of an Award to cover the exercise price or tax withholding, reacquired by the Company prior to vesting, satisfied without the issuance of Common Stock or otherwise terminated (other than by exercise) under the Plan shall be added back to the Shares available for issuance under the Plan and, to the extent permitted under Section 422 of the Code and the regulations promulgated thereunder, the Shares that may be issued as Incentive Stock Options. The Shares available for delivery under this Plan may consist of authorized and unissued Shares, Shares held in treasury, Shares of Common Stock purchased or held by the Company for purposes of this Plan, or any combination thereof.  

2.Ratification.  In all other respects, the terms and conditions of the Plan shall remain the same and the Plan is hereby ratified, confirmed and approved. 

 

 IN WITNESS WHEREOF, the Company has adopted this Amendment, effective as of June 8, 2021.

 

 


	
 
	
 
	
TRIPADVISOR, INC. 

 

	
 
	
 
	
By:
	
 
	
 /s/ Seth J. Kalvert

	
 
	
 
	
 
	
 
	
Name:  Seth J. Kalvert

	
 
	
 
	
 
	
 
	
Title:  Chief Legal Officer
### THE THIRTEENTH COURT OF APPEALS

13

- 14

- 00345

- CV

COLUMBIA VALLEY HEAL THCARE SYSTEM, L.P. v. RODOLFO J. WALSS, M. D., P.A.
On Appeal from the 138th District Court of Cameron County , Texas Trial Cause No. 2013

- DCL

- 7133

- B

JUDGMENT THE THIRTEENTH COURT O F APPEALS, having considered this cause on appeal, concludes the judgment of the trial court should be reversed and the cause remanded to the trial court . The Court orders the judgment of the trial court REVERSED and REMANDED for further proceedings consi stent with its opinion . Costs of the appeal are adjudged against appell ee

. We further order this decision certified below for observance. December 29, 2015
|   | 1. | The      Annual Report fully complies with the requirements of Section 13(a) or      15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));      and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | The      information contained in the Annual Report fairly presents, in all      material respects, the financial condition and results of operations of      the Company. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |    /s/  Daniel      R. Baty |
|--------|------------------------------------------------------|
|   | Daniel      R. Baty                                  |
|   | Co-Chief      Executive Officer                      |
|   | March      15, 2010                                  |
#### STATE EX REL TURNER V. COMMISSIONERS’ COURT OF SHELBY CO.

*Mandamus.*

(Decided Feb. 16, 1906.

42 South. 126.,

Appeal from Shelby Circuit Court.

Heard before Hon. John Pelham.

Thomas L. Bulger, for appellant.

Cecil Browne, Browne & Deeper, and Whitson & Dryer, for appellee.

Affirmed.

Opinion by

Anderson, J.

McClellan, C. J., Haralson, Simpson and Denson, JJ., concur.

Tyson and Dowdell, JJ., dissent.
Case: 1:03-cv-09416 Document #: 17 Filed: 03/18/04 Page 1 of 2 PageID #:105

Case: 1:03-cv-09416 Document #: 17 Filed: 03/18/04 Page 2 of 2 PageID #:106
Consent of Independent Certified Public Accountants


Shareholders and Board of Directors of
Holiday RV Superstores, Inc.


We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statement on Form S-8 (File No.  333-46822) of Holiday RV  Superstores,  Inc. of
our report  dated  January 26,  2001,  except as to Notes 2 and 9, for which the
date is February 12, 2001, we also consent to the  incorporation by reference of
our  report  dated  February  12,  2001,  relating  to the  financial  statement
schedule, which appears in this Form 10-K/A.




/s/PricewaterhouseCoopers LLP
Orlando, Florida
September 17, 2001
Exhibit 32

Certification Furnished Pursuant to

18 U.S.C. Section 1350, as adopted pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report on Form 10-Q of Gulf Island Fabrication, Inc. (the Company) for the period ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, who are the Chief Executive Officer and Chief Financial Officer of the Company, certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | the Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------



| | 2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company for the period covered by the
Report.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ Kerry J. ChauvinKerry J. ChauvinChief Executive OfficerJuly 24, 2008By:

/s/ Robin A. SeibertRobin A. SeibertChief Financial OfficerJuly 24, 2008


A signed original of this written statement required by Section 906 has been provided to Gulf Island
Fabrication, Inc. and will be retained by Gulf Island Fabrication, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1378 Referred in House (RFH)]

  1st Session
                                S. 1378

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 1997

 Referred to the Committee on Government Reform and Oversight, and in 
   addition to the Committee on House Oversight, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 AN ACT

 
To extend the authorization of use of official mail in the location and 
         recovery of missing children, and for other purposes.

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

SECTION 1. EXTENSION OF AUTHORIZATION OF USE OF OFFICIAL MAIL IN THE 
              LOCATION AND RECOVERY OF MISSING CHILDREN.

    The Act entitled ``An Act to amend title 3, United States Code, to 
authorize the use of penalty and franked mail in efforts relating to 
the location and recovery of missing children'', approved August 9, 
1985 (39 U.S.C. 3220 note; Public Law 99-87), is amended--
            (1) in section 3(a) by striking ``June 30, 1997'' and 
        inserting ``June 30, 2002''; and
            (2) in section 5 by striking ``December 31, 1997'' and 
        inserting ``December 31, 2002''.

            Passed the Senate November 5, 1997.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.
```
NOTE: This order is nonprecedential. 

 

United States Court of Appeals 

for the Federal Circuit ______________________ 

SANOFI-AVENTIS U.S. LLC, SANOFI-AVENTIS 

DEUTSCHLAND GMBH, SANOFI WINTHROP 

INDUSTRIE,

Plaintiffs-Appellants

v.

MYLAN GMBH, BIOCON LTD., BIOCON 

RESEARCH LTD., BIOCON SDN.BHD, BIOCON 

S.A.,

Defendants-Appellees

______________________ 

2021-1262

______________________ 

Appeal from the United States District Court for the 

District of New Jersey in No. 2:17-cv-09105-SRC-CLW, 

Judge Stanley R. Chesler.

______________________ 

SUA SPONTE

______________________ 

Before DYK, CLEVENGER, and TARANTO, Circuit Judges. 

PER CURIAM. 

O R D E R

Case: 21-1262 Document: 64 Page: 1 Filed: 12/29/2021
2 SANOFI-AVENTIS U.S. LLC v. MYLAN GMBH

Sanofi-Aventis U.S. LLC, Sanofi-Aventis Deutschland 

GmbH, Sanofi Winthrop Industrie (collectively, “Sanofi”)

filed a patent infringement suit against Mylan GmbH, Biocon Ltd., Biocon Research Ltd., Biocon Sdn.Bhd., and Biocon S.A. (collectively, “Mylan”) in the District Court for 

the District of New Jersey asserting Mylan infringed 

claims 21, 22, 25, and 30 of Sanofi’s U.S. Patent No. 

9,526,844 (“the ’844 Patent”). The district court found no 

infringement of the asserted claims and that the asserted 

claims are invalid for lack of written description. Sanofi appeals. 

We affirmed today in a related appeal, Sanofi-Aventis 

U.S. LLC, et al. v. Mylan GmbH, et al., No. 2020-2068, the

final written decision by the U.S. Patent Trial and Appeal 

Board in IPR2018-01680 holding that claims 21–30 of the 

’844 Patent would have been unpatentable as anticipated 

and/or obvious. Accordingly, Sanofi’s appeal from the district court’s ruling is moot.

 IT IS ORDERED THAT: 

Sanofi’s appeal in Appeal No. 2021-1262 is dismissed 

as moot. 

 

December 29, 2021

 Date

FOR THE COURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 21-1262 Document: 64 Page: 2 Filed: 12/29/2021
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