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courtlistener_HTML_Query_540

reviewing issues addressed in BIA’s merits decision on petition for review of BIA’s denial of motion to reconsider

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courtlistener_HTML_Query_541

seller sold business to buyer; buyer sued seller for breach of contract, misrepresentation, and fraud, and seller counterclaimed for breach of contract and balances due on a promissory note and an open account

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courtlistener_HTML_Query_542

recognizing that “failure to make a further inquiry when a reasonable person would have done so may be evidence of lack of probable cause” (internal quotation marks omitted)

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courtlistener_HTML_Query_543

holding that Bank's damages were benefit of the bargain type damages that "fail to constitute a substantial and independent injury sufficient to remove Borrower's claim from the operation of the Statute of Frauds."

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courtlistener_HTML_Query_544

holding that issues not raised before the trial court cannot be raised for the first time on appeal

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courtlistener_HTML_Query_545

“Given the substantial similarity between the [ACCA’s] definition of ‘violent felony’ and the [Guidelines’] definition of ‘crime of violence,’ authority interpreting one phrase frequently is found to be persuasive in interpreting the other phrase.”

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courtlistener_HTML_Query_546

exploring scope of immunity provided by § 11111(a)

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courtlistener_HTML_Query_547

holding due process accorded even when the order to show cause stated Rule 9011 as basis for sanctions when attorney was ultimately sanctioned under inherent sanction authority because sanctionee was aware that he was accused of acting in bad faith

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courtlistener_HTML_Query_548

holding that mandamus re- view of an improper-venue decision was inappropriate and noting it was not clear that an adequate remedy could not be afforded

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courtlistener_HTML_Query_549

holding that “the ‘reasonably necessary’ test requires an assessment of the likely utility of the services requested”

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courtlistener_HTML_Query_550

declining to decide whether such an element exists because the claims at issue would easily qualify

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courtlistener_HTML_Query_551

holding that § 25‑223 applies to claims concerning negligent construc- tion of improvement on real estate brought against contractors or builders, whether based on negligence or breach of war- ranty

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courtlistener_HTML_Query_552

“[A]n accused must, at a minimum, demonstrate some plausible nexus between the challenged government conduct and the absence of certain testimony.”

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courtlistener_HTML_Query_553

“[F]or any claim that was required to be preserved, this Court cannot review a legal theory in support - 14 - J-S46023-20 of that claim unless that particular legal theory was presented to the trial court.”

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courtlistener_HTML_Query_554

holding that it is “beyond dispute” that banning discrimi- nation “ ‘on the ground of race’ ” “prohibits only intentional discrimination”

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courtlistener_HTML_Query_555

noting that effects-based jurisdiction was proper where Jones's claims arose out of the California effects of the defendants' actions

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courtlistener_HTML_Query_556

“Only when, at the time that money is exchanged pursuant to the contract, the accused either intends not to, or at least knows he will not, perform his part of the bargain may he be held criminally liable for theft.”

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courtlistener_HTML_Query_557

“[I]ssues which are not specifically and distinctly argued and raised in a party’s opening brief are waived.”

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courtlistener_HTML_Query_558

no cumulative error where defendant failed to identify single error

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courtlistener_HTML_Query_559

“[E]xclusion may not be premised on the mere fact that a constitutional violation was a ‘but-for’ cause of obtaining evidence.” (emphasis added)

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courtlistener_HTML_Query_560

explaining that screening and recording spectators’ identification was a constitutional response to the potential witness intimidation

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courtlistener_HTML_Query_561

affirming denial of acceptance-of-responsibility reduction because defendant committed perjury at sentencing

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courtlistener_HTML_Query_562

“[A] request for injunctive relief is a remedy and does not assert any separate cause of action[.]”

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courtlistener_HTML_Query_563

"While other circuits have applied the McDonnell Douglas framework to FMLA termination [interference] cases, this Circuit ... explicitly declined to apply this framework [to interference claims]."

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courtlistener_HTML_Query_564

noting that appellate court may access district court pleadings via the district court’s electronic filing system or otherwise, should it choose to do so

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courtlistener_HTML_Query_565

rejecting an alternative definition of “modify” that “not only supplements the meaning contained in all other dictionaries, but contradicts one of the meanings contained in virtually all other dictionaries”

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courtlistener_HTML_Query_566

“[Mead] suggests that not every formal agency act involving interpretation of a federal statute is entitled to deference.”

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courtlistener_HTML_Query_567

“Unless the tax returns were substantial verbatim recitals they were not clearly statements within the meaning of the Jencks Act.” (footnote omitted)

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courtlistener_HTML_Query_568

recognizing that “it is improper for counsel to comment on the credibility of witnesses from personal knowledge or from evidence not in the record.”

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courtlistener_HTML_Query_569

setting forth standard of review and explaining that leave to amend may denied if amendment would be futile

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courtlistener_HTML_Query_570

noting that we review the “last reasoned decision” of a state court addressing the issue at hand

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courtlistener_HTML_Query_571

disbarring attorney who was found to have engaged in repeated unwanted and coercive sexual contact with a number of clients, most of whom were incarcerated inmates

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courtlistener_HTML_Query_572

“This Court does not have jurisdiction to review per curiam decisions of the district courts of appeal that merely affirm with citations to cases not pending review in this Court.” (quoting Persaud v. State, 838 So. 2d 529, 532 (Fla. 2003)

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courtlistener_HTML_Query_573

pr osecutor's reference to murder victim as "cold in his grave" was impr oper appeal to emotion but not sufficient to render trial unfair because it was "likely the crime itself produced sympathy before [the] pr osecutor made [the] comments"

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courtlistener_HTML_Query_574

“Because Balsewicz cannot demonstrate the actual innocence necessary to pass through this “gateway,” we will not reach the merits of his ineffective assistance of counsel claims.”

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courtlistener_HTML_Query_575

“[A] duplicitous or multiplicitous indictment is remediable by the court’s instruction to the jury particularizing the distinct offense charged in each count in the indictment.”

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courtlistener_HTML_Query_576

"An insurance carrier may not insist upon adherence to the terms of its policy after it has repudiated liability on the claim by sending a letter disclaiming coverage...." (citations omitted)

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courtlistener_HTML_Query_577

“This Court will not address an argument raised by a party for the first time on appeal . . . unless it meets the plain error standard.”

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courtlistener_HTML_Query_578

finding a Confrontation Clause violation where the trial court barred all questioning about an event that might have demonstrated a motive to lie

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courtlistener_HTML_Query_579

recognizing that certain claims cannot be waived by plea agreement

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courtlistener_HTML_Query_580

district judge told jury anonymity was designed to avoid any contact between the jurors and the parties to ensure that both sides received a fair and impartial trial

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courtlistener_HTML_Query_581

finding reasonable suspicion to frisk defendant who “repeatedly reached behind himself, touching the waistband of his pants”

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courtlistener_HTML_Query_582

holding that Fed. R. Crim. P. 11(e)(6)(D) only excludes evidence of “statements” made in course of plea discussions and “makes no reference to anything other than evidence of ‘statements’ as being excludable”

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courtlistener_HTML_Query_583

noting that “a statute written in the disjunctive is generally construed as ‘setting out separate and distinct alternatives’”

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courtlistener_HTML_Query_584

listing, as an example of sanctionable conduct under § 1927, instances when attorneys are “cavalier or bent on misleading the court”

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courtlistener_HTML_Query_585

limiting Yates to cases in which one of the grounds is legally, not merely factually, inadequate

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courtlistener_HTML_Query_586

“When a petitioner complains EPA is requiring a state to eliminate more than its significant contribution, it is inadequate for EPA to respond that it never measured individual states’ significant contributions.”

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courtlistener_HTML_Query_587

adverse credibility determination supported under the totality of circumstances

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courtlistener_HTML_Query_588

granting in part and denying in part Plaintiff's motion for discovery

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courtlistener_HTML_Query_589

insurer "abandoned" insured when it refused to defend on the ground that the policy had been revoked for false statements on the application

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courtlistener_HTML_Query_590

reviewing the defendants’ sentences under preserved error review because the defendants “raised their constitutional objections to their sentences during the sentencing hearing”

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courtlistener_HTML_Query_591

refusing to review an ineffective assistance of counsel claim on direct appeal without sufficient record to dispose of the claim

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courtlistener_HTML_Query_592

holding that a new rule requiring a jury instruction on eyewitness identification in certain circumstances would have prospective effect only

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courtlistener_HTML_Query_593

“There is no element of the folders that can be separated out and exist independently of their utilitarian aspects.”

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courtlistener_HTML_Query_594

statutory requirement is satisfied so long as the petitioner is in custody at the time the petition is filed

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courtlistener_HTML_Query_595

nine-month period begins on date of adjudication order, not dispositional order

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courtlistener_HTML_Query_596

where defendant grabbed a female victim, held a gun to her head, and threatened to shoot her, "abduction was established as a fact once the Commonwealth proved that [defendant] had deprived the victim of her liberty by threats of violence and use of force"

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courtlistener_HTML_Query_597

“When the client’s only fault is his poor choice of counsel, dismissal of the action has been deemed a disproportionate sanction.”

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courtlistener_HTML_Query_598

defining special damages as “damages that are unusual for the type of claim in question—that are not the natural damages associated with such a claim”

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courtlistener_HTML_Query_599

claim preclusion did not apply where “the operative facts between the current litigation and the previous litigation are not the same” and the “the nucleus of facts in the current action concern[ed] allegations . . . that did not occur at the time of the previous action”

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courtlistener_HTML_Query_600

“Any additional incapacitation pay under 37 U.S.C. § 204(g) is wholly at the discretion of the Air Force, and courts lack jurisdiction over such a claim[.]”

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courtlistener_HTML_Query_601

acquittal on 9 counts ran counter to presumption of prejudice

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courtlistener_HTML_Query_602

“[t]he Palace decision applies directly to the issue the Court is deciding here. As the Tenth Circuit held, this exculpatory clause bars suit 6 (...continued

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courtlistener_HTML_Query_603

taking occurred when government required transfer of title of an unfinished boat, making a lien unenforceable

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courtlistener_HTML_Query_604

considering whether punitive damages were recoverable under state law to determine if amount in controversy requirement was met

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courtlistener_HTML_Query_605

“Prior disclosure of similar information does not suffice; instead the 32 Case: 17-13787 Date Filed: 09/23/2019 Page: 33 of 79 specific information sought by the plaintiff must already be in the public domain by official disclosure.”

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courtlistener_HTML_Query_606

noting that routine booking questions and questions attendant to legitimate police procedures do not require Miranda warnings

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courtlistener_HTML_Query_607

one who conspires to assault a person who turns out to be a federal officer may, in the case of an actual assault, be convicted without proof that he knew the federal status of the victim

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courtlistener_HTML_Query_608

considering the weight of authority from other jurisdictions in determining whether the court retained jurisdiction to award attorney fees after the death of one spouse abated divorce proceedings

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courtlistener_HTML_Query_609

"[R]egulations allowing regional charter schools are a legitimate means of effectuating the Act's purpose of encouraging the establishment of charter schools."

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courtlistener_HTML_Query_610

“It is well-established that ‘issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.’”

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courtlistener_HTML_Query_611

“Apart from two very limited exceptions [which do not apply here], however, the APA is not applicable to the exercise of the powers of the Postal Service.”

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courtlistener_HTML_Query_612

“According to the general rule, in the absence of circumstances indicating otherwise, it can be inferred that a person who requests another to perform service of value to him thereby bargains and by implication agrees to pay for such services.”

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courtlistener_HTML_Query_613

judge was required to investigate whether "juror would be impartial in his or her determination of the evidence" after juror expressed concern regarding convicting based on defendant's race

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courtlistener_HTML_Query_614

“The scrutiny of Unocal is not limited to the adoption of a defensive measure during a hostile contest for control.”

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courtlistener_HTML_Query_615

"If a `forcible' sexual offense is not associated with physical compulsion, it must therefore mean a sexual act that is committed against the victim's will or consent."

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courtlistener_HTML_Query_616

bill of complaint to perpetuate testimony

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courtlistener_HTML_Query_617

asking whether “the proceedings resulted in a fair and reliable determination of . . . guilt”

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courtlistener_HTML_Query_618

recognizing the role of standardized contracts and that most contracts are no longer individually negotiated and handwritten

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courtlistener_HTML_Query_619

holding that the agency’s “failure to use computer experts to No. 09-4084 CareToLive v. The Food and Drug Administration Page 10 search for these [deleted] files does not render the search inadequate”

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courtlistener_HTML_Query_620

denying the use of an NOL carryback deduction to reduce an addition to tax for fraud

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courtlistener_HTML_Query_621

noting intent “may be shown by circumstantial evidence and the reasonable inferences drawn from that evidence”

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courtlistener_HTML_Query_622

"If a submissible case is made under a negligence per se cause of action, a plaintiff could recover if a jury concluded that a statute was violated and the violation was the proximate cause of the injury."

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courtlistener_HTML_Query_623

holding that “Wicker is a satisfactory precedent to deal with violations of orders requiring pretrial disclosure of witnesses.”

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courtlistener_HTML_Query_624

“refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure”

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courtlistener_HTML_Query_625

noting that such statutes “must be interpreted with the commands of the First Amendment clearly in mind” and that a “threat must be distinguished from what is constitutionally protected speech.”

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courtlistener_HTML_Query_626

holding that the reasonable suspicion analysis precludes a “divide-and-conquer” approach in which the court gives no weight to a factor that is “by itself readily susceptible to an innocent explanation”

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courtlistener_HTML_Query_627

holding that Colorado bad faith law, which was specifically directed at the insurance industry, does not spread policyholder risk

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courtlistener_HTML_Query_628

“Generally, a claim which was previously raised and rejected on direct appeal is not cognizable on habeas corpus.”

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courtlistener_HTML_Query_629

using a “closely drawn” rather than a strict scrutiny standard

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courtlistener_HTML_Query_630

a court may “issue such commands under the All Writs Act as may be necessary or appropriate to effectuate and prevent the frustration of orders it has previously issued in its exercise of jurisdiction otherwise obtained”

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courtlistener_HTML_Query_631

“[I]n most cases, . . . the error must have been prejudicial: It must have affected the outcome of the district court proceedings.”

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courtlistener_HTML_Query_632

“a defendant may not insist on representation by an attorney he cannot afford or who for other reasons declines to represent the defendant”

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courtlistener_HTML_Query_633

concluding that the jury is presumed to understand the terms, “probability,” “criminal acts of violence,” and “continuing threat to society” without an instruction

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courtlistener_HTML_Query_634

patients were victims where unnecessary treatment was frequently ineffective and in some cases harmful to the patients

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courtlistener_HTML_Query_635

affirming admission of defense expert’s opinions

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courtlistener_HTML_Query_636

measuring prosecutorial misconduct according to “the extent to which the testimony misled the jury” (citing Napue v. Illinois, 360 U.S. 264, 270 (1959))

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courtlistener_HTML_Query_637

“Rather than introducing new substantive provisions protecting the rights of pregnant women, the PDA brought discrimination on the basis of pregnancy within the existing statutory framework prohibiting sex-based discrimination.”

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courtlistener_HTML_Query_638

holding that the arbitrator’s retention of jurisdiction was a procedural matter within the exclusive province of the arbitrator

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courtlistener_HTML_Query_639

accountant’s ‘review and approval’ of financial statements and prospectuses insufficient

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