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courtlistener_HTML_Query_940

“[R]easonable foreseeability is not by itself sufficient to establish liability for the acts of coconspirators. To be considered as relevant conduct, such acts also must be in furtherance of ‘jointly undertaken criminal activity.’”

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courtlistener_HTML_Query_941

“Being indebted to the same creditor (unscrupulous or not) is not the kind of group characteris- tic that a person either cannot change or should not be required to change.”

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courtlistener_HTML_Query_942

"A tip from a known informant can suffice by itself to establish reasonable suspicion for a vehicle stop, even if the police do not corroborate the tip prior to the stop with their own independent observation."

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courtlistener_HTML_Query_943

“we stress this Court is limited to reviewing this assignment of error only on the record before us”

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courtlistener_HTML_Query_944

stating that all of the circumstances surrounding the statement should be examined for the admissibility decision

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courtlistener_HTML_Query_945

issues not properly briefed are abandoned

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courtlistener_HTML_Query_946

describing the remaining constitutional claims as "takings claims"

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courtlistener_HTML_Query_947

affirming conviction despite “truth” instruction “in light of the trial judge’s full and forceful charge on the requirement of proof beyond a reasonable doubt”

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courtlistener_HTML_Query_948

―[S]tanding in no way depends on the merits of the plaintiff‘s contention that particular conduct is illegal.‖

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courtlistener_HTML_Query_949

“[t]here is no indication that the legislature intended any substantive change when it repealed former ORS 17.605 and reenacted it as ORCP 64A”

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courtlistener_HTML_Query_950

expressing concern at the vagueness of the standard to be applied in implementing advance-approval requirement

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courtlistener_HTML_Query_951

articulating the standard of review

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courtlistener_HTML_Query_952

noting the 100-to-1 ratio failed to “achieve 13 USCA4 Appeal: 20-16 Doc: 61 Filed: 10/18/2022 Pg: 14 of 22 the ‘proportionality’ goal” of treating low-level dealers and major traffickers differently

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courtlistener_HTML_Query_953

affirming prison hearing panel’s determination requiring sex offender treatment based on 24 police reports and victim’s statements after offender was provided Wolff due process protections

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courtlistener_HTML_Query_954

finding that the plaintiff ―complied with his duties and properly offered the property to the [holders of the right of first refusal]‖ at a price determined without reference to a third party offer

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courtlistener_HTML_Query_955

limiting equitable tolling to cases where the claimant has been institutionalized or adjudicated incompetent

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courtlistener_HTML_Query_956

finding standing to seek pre- enforcement review of statute where no evidence that law would not be enforced

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courtlistener_HTML_Query_957

“Every word used is presumed to have meaning and purpose, and should be given full effect if so doing does not violate the obvious intention of the Legislature.” (quoting Marsh v. Henderson, 424 S.W.2d 193, 196 (1968))

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courtlistener_HTML_Query_958

"[W]hen an administrator violates the statutory deadlines incorporated into the plan, Firestone deference no longer applies."

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courtlistener_HTML_Query_959

agreeing that “[t]he majority of courts across the country addressing the impact of severability clauses on exclusionary language utilizing ‘an insured’ or ‘any insured’ have concluded that the severability clause has no bearing on the application of the exclusionary language.”

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courtlistener_HTML_Query_960

using “crude[]” corpus linguistics to interpret what it means to “carry” a gun

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courtlistener_HTML_Query_961

noting that the harms associated with dissemination of sensitive information "can be eliminated through careful internal procedures"

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courtlistener_HTML_Query_962

rejecting the “automatic companion rule” and noting that our courts require individualized suspicion that a suspect may be armed and dangerous before proceeding to a valid frisk

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courtlistener_HTML_Query_963

"Because courts are presumptively open, the burden of justification should rest on the parties seeking to infringe the public's right."

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courtlistener_HTML_Query_964

"In interpreting any treaty, the opinions of our sister signatories are entitled to considerable weight." (internal quotation marks, ellipsis, and alteration omitted)

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courtlistener_HTML_Query_965

“[F]ailure to file the required transcript involves more than noncompliance with some useful but nonessential procedural admonition of primarily administrative focus. It raises an effective barrier to informed, substantive appellate review.”

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courtlistener_HTML_Query_966

interpreting Supreme Court precedent as “ma[king] it clear that the intent must be to obtain money or property from the one who is deceived”

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courtlistener_HTML_Query_967

“We agree that plaintiff’s status as an employee entitled him to more protection from insultive or abusive treatment than would be expected in interactions between two strangers.”

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courtlistener_HTML_Query_968

“The willing buyer-willing seller test of fair market value is nearly as old as the federal income, estate, and gifts taxes themselves . . . .”

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courtlistener_HTML_Query_969

"A subjective qualification assessment does not convert an otherwise legitimate reason into an illegitimate one."

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courtlistener_HTML_Query_970

expanding the class of potential 8 No. 1-13-0744 defendants to include a builder-vendor that is not in the business of building

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courtlistener_HTML_Query_971

concluding that the President is not an “officer[]” under § 1581(i) and dismissing claim against the President

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courtlistener_HTML_Query_972

holding that general embarrassment and humiliation do not satisfy this standard

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courtlistener_HTML_Query_973

“[I]t is fundamental to the integrity of the criminal justice process that property involved in the proceeding against which No. 02-1503 15 no Government claim lies, be returned promptly to its rightful owner.”

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courtlistener_HTML_Query_974

explaining that a complaint tendering "naked assertions" devoid of "further factual enhancement" does not suffice under Rule 8

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courtlistener_HTML_Query_975

finding the witness who allegedly committed perjury was critical

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courtlistener_HTML_Query_976

stating it used the “month when the 5 services were rendered,” but instead using the last month of the year in which services were rendered

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courtlistener_HTML_Query_977

stating that the petitioner’s general allegations that the allergy medication he consumed affected the test results could not be used to invalidate his alcohol-concentration test results “without specific proof that it occurred”

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courtlistener_HTML_Query_978

finding reasonable grounds for delay where the FAA affirmatively represented to petitioners that it would revise the order at issue, creating confusion about the order’s finality

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courtlistener_HTML_Query_979

restitution is appropriate measure of damages with respect to CUTPA claim predicated on theory of misrep- resentation

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courtlistener_HTML_Query_980

finding exclusion from fourteen meetings was an adverse employment action when the plaintiff described the alleged purpose of each meeting in detail and claimed that she was deprived of information critical to her duties and thus that her exclusion interfered with her job performance

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courtlistener_HTML_Query_981

"It is not clear, under DeShaney, how large a role the state must play in the creation of danger and in the creation of vulnerability before it assumes a corresponding constitutional duty to protect."

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courtlistener_HTML_Query_982

“Fed- eral courts have long recognized that they have an obligation to look behind the label of a motion filed by a pro se inmate and de- termine whether the motion is, in effect, cognizable under a differ- ent remedial statutory framework.”

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courtlistener_HTML_Query_983

“A broad, all encompassing argument is insufficient to identify error in cases of de novo review.”

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courtlistener_HTML_Query_984

out-of-time appeal from final felony conviction may be sought by filing writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure

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courtlistener_HTML_Query_985

“[A] party who has the opportunity to object to the terms of a government solicitation containing a patent error and fails to do so prior to the close of the bidding process waives its ability to raise the same objection subsequently in a bid protest action in the Court of Federal Claims.”

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courtlistener_HTML_Query_986

a defendant’s “status and assigned tasks” are factors properly considered in deciding whether to grant a minor role reduction

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courtlistener_HTML_Query_987

noting an insurer has thirty days to verify a claim and becomes subject to specific penalties for an overdue payment, which are “intended to promote the prompt resolution of PIP claims”

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courtlistener_HTML_Query_988

linking start of FHA’s limitations period to plain- tiffs’ assertions that they were “deprived . . . of the benefits of interracial association” and suffered “injury to [their] coun- seling and referral services”

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courtlistener_HTML_Query_989

holding that a finding of contradictions between a doctor’s recorded observations and later opinion regarding a claimant’s limitations is a clear and convincing reason for discounting a doctor’s opinion

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courtlistener_HTML_Query_990

“Where statutory language is plain, ‘the sole function of the courts—at least where the disposition required by the text is not absurd—is to enforce it according to its terms.’ ” (quoting Lamie v. United States Tr., 540 U.S. 526, 534 (2004)

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courtlistener_HTML_Query_991

construing settlement stipulation not to allow recovery over $50,000 in view of state statutory limit

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courtlistener_HTML_Query_992

stating "judicial estoppel prevents a party from asserting a position in a legal proceeding that is contrary to a position previously taken in ... some earlier proceeding"

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courtlistener_HTML_Query_993

stating that mandatory sanctions are "unduly harsh, overly punitive, and inconsistent with the purposes of the [] rules" and "the relevant question must be whether [a violation] is harmful to the opposing party or to the justice system"

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courtlistener_HTML_Query_994

holding “[m]unicipalities ... are not ‘persons’ within the meaning of the Due Process Clause” of the Fifth or Fourteenth Amendments

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courtlistener_HTML_Query_995

declining to address the defendant's arguments concerning the district courts rulings under the Sentencing Guidelines because the district court did not err by sentencing the defendant under 21 U.S.C. § 841(b)(1)(A)

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courtlistener_HTML_Query_996

holding conduct must be extreme

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courtlistener_HTML_Query_997

reiterating that under Metropolitan Life, if discretionary authority is granted to the plan administrator, “a deferential standard of review remains appropriate even in the face of a conflict”

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courtlistener_HTML_Query_998

“ [W]hen it is necessary in order to prevent an evil to m ake the law embrace more than the precise thing to be prevented C it may do so.”

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courtlistener_HTML_Query_999

"the Supreme Court held in Faretta v. California that a criminal defendant has the right to appear pro se if he voluntarily, knowingly, and intelligently waives his Sixth Amendment right to counsel"

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courtlistener_HTML_Query_1000

concluding that thirty-five year sentences for a Range I offender for -2- second degree murder and robbery by use of a deadly weapon are not permitted by the 1989 Sentencing Act and are therefore illegal

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courtlistener_HTML_Query_1001

holding that senior centers were designated as public fora because the city had “permitted lectures and classes on a broad range of subjects by both members and non-members”

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courtlistener_HTML_Query_1002

“[T]he Due Process Clause protects inmates from unauthorized deductions.” (emphasis added)

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courtlistener_HTML_Query_1003

"The issue of the agreement's 'validity' is different from the issue whether any agreement between the parties 'was ever concluded . . . .'" (quoting Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 444 n.1 (2006))

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courtlistener_HTML_Query_1004

upholding the bankruptcy court’s determination that claimant’s two- and-a-half month delay in filing motion for leave to file late proof of claim favored the debtor

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courtlistener_HTML_Query_1005

"A loss of consortium claim against an [insurer] alleging negligent or fraudulent administration of the plan is preempted by ERISA."

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courtlistener_HTML_Query_1006

rejecting county attorney’s argument that he had right to participate in appeal based on contention that section 232.90 authorized the county attorney to “represent the state in proceedings arising from a [CINA petition]” (emphasis added) (alteration in original

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courtlistener_HTML_Query_1007

stating that an owner’s opinion as to value “must have a rational foundation” (citations omitted)

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courtlistener_HTML_Query_1008

holding that actual guilt or later acquittal are “irrelevant to the validity of the arrest”

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courtlistener_HTML_Query_1009

concluding an anonymous tip exhibited sufficient indicia of reliability to justify an investigatory stop

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courtlistener_HTML_Query_1010

“[g]iven the inconsistencies between petitioner's testimony and his contemporaneous medical records, the special master's decision to rely on petitioner's medical records was rational and consistent with applicable law”

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courtlistener_HTML_Query_1011

“[W]here a criminal conspirator commits an act in one district which is intended to further a conspiracy by virtue of its effect in another district, the act has been committed in both districts and venue is properly laid in either.”

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courtlistener_HTML_Query_1012

“As this court has repeatedly stated, the ‘substantial evidence in the record as a whole’ standard is not synonymous with the less rigorous ‘substantial evidence’ standard.”

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courtlistener_HTML_Query_1013

holding that the party seeking modification of a judgment bears the burden of proof

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courtlistener_HTML_Query_1014

"[T]he physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed." (quotation marks omitted)

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courtlistener_HTML_Query_1015

recognizing the exception in the firearms industry

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courtlistener_HTML_Query_1016

directing the parties to consider whether Lee v. Macomb Co. Bd. of Comm'rs, 464 Mich. 726, 629 N.W.2d 900 (2001), was correctly decided

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courtlistener_HTML_Query_1017

declining to find a speedy trial right violation even after a defendant on bail waited four years for trial

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courtlistener_HTML_Query_1018

as part of history and characteristics of the defendant, district court could consider defendant’s prior offenses in deciding to impose an upward variance, even though those offenses were already included in the defendant’s criminal history score

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courtlistener_HTML_Query_1019

finding ineffective assistance of counsel where counsel failed to investigate known potential alibi witnesses

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courtlistener_HTML_Query_1020

holding that arbitration clauses are "not destructive of jurisdiction"

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courtlistener_HTML_Query_1021

framing the question as "whether plaintiff's mental condition rendered her incapable of rationally cooperating with any counsel, and/or pursuing her claim on her own during the limitations period"

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courtlistener_HTML_Query_1022

affirming denial of collateral motion to withdraw guilty plea

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courtlistener_HTML_Query_1023

refusing to reach the merits of an appeal when doing so “would require us to assume a partisan role and undertake the appellant’s research and advocacy”

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courtlistener_HTML_Query_1024

stating ineffective-assistance claimant must make prejudice showing with something more than self-serving statements

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courtlistener_HTML_Query_1025

recognizing that classifications predicated on discriminatory animus can never be legitimate because the Government has no legitimate interest in exploiting “mere negative attitudes, or fear” toward a disfavored group

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courtlistener_HTML_Query_1026

dismissing failure to report claim against teacher for failure to establish proximate cause because teacher learned of abuse after it had been perpetrated

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courtlistener_HTML_Query_1027

“Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.”

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courtlistener_HTML_Query_1028

display of the suspects' photographs

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courtlistener_HTML_Query_1029

“The MPPAA’s definition of an ‘employer’ encompasses not merely the entity making contributions to the pension plan, but all trades and businesses that are under common control along with that entity.” (quotations omitted)

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courtlistener_HTML_Query_1030

“[Defen- dant’s] statements of his own activities further support the ALJ’s finding that he was capable of performing a full range of sedentary work.”

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courtlistener_HTML_Query_1031

petitioner must exhaust issues or claims in administrative proceedings below

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courtlistener_HTML_Query_1032

“Ownership springs from JAMES v. J2 CLOUD SERVICES, LLC 7 invention.”

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courtlistener_HTML_Query_1033

“The law never requires a useless and fruitless thing to be done, or an unnecessary and meaningless ceremony to be performed.”

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courtlistener_HTML_Query_1034

acknowledging that duty of fair representation “applies to all union activity, including contract negotiation”

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courtlistener_HTML_Query_1035

“[W]e do not address arguments raised for the first time in a pro se litigant’s reply brief.”

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courtlistener_HTML_Query_1036

finding a special relationship between INS agents and a detainee whom they released from custody to act as an informant

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courtlistener_HTML_Query_1037

requiring movant to produce material evidence that conditions in the country of nationality had changed

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courtlistener_HTML_Query_1038

stating “only a party to the insurance contract could affect cancellation and it would be nonsensical to suggest that [defendants] have any right to cancel the policy”

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courtlistener_HTML_Query_1039

summarizing the findings of an Internal Medicine Advisory Committee and noting that the appellant doctor was found to have "(1) poor clinical judgment; (2) inadequate skills . . . ; (3) unsatisfactory documentation of medical records; and (4) substandard patient care"

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