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courtlistener_HTML_Query_640

identifying a finance charge as a fee “imposed as a condition before credit is extended”

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courtlistener_HTML_Query_641

"The Constitution does not require that a criminal suspect know and understand every possible consequence of a waiver of the Fifth Amendment privilege."

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courtlistener_HTML_Query_642

noting that the finality rule should only give way in "unusual circumstances"

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courtlistener_HTML_Query_643

"discrimination by state officials, within the course of their official duties"

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courtlistener_HTML_Query_644

showing price differences of up to 13% where competitors were absent

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courtlistener_HTML_Query_645

noting “it defies logic” to limit consideration of defendant’s attempted escape to avoid prosecution solely to his “lesser offenses” when several other serious charges were pending

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courtlistener_HTML_Query_646

nothing in Brady requires that disclosures be made before trial because, as long as ulti- mate disclosure is made before it is too late for the defen- dant to make use of any benefits of the evidence, due process is satisfied

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courtlistener_HTML_Query_647

"as to the general doctrine that the law does not allow of fractions of a day, it is settled that, when substantial justice requires it, courts may ascertain the precise time when . . . an act [is] done"

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courtlistener_HTML_Query_648

holding that a breach of contract cause of action by an employee who was fired from a state college served as an adequate post-deprivation remedy (citations omitted)

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courtlistener_HTML_Query_649

applying Tatum but expressing disagreement with its rationale

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courtlistener_HTML_Query_650

“[W]here a decision rests on two or more 4 grounds, none can be relegated to the category of obiter dictum.”

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courtlistener_HTML_Query_651

stating that, “[i]t has consistently been recognized that pendent jurisdiction is a doctrine of discretion, not of plaintiff’s right.”

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courtlistener_HTML_Query_652

analyzing a claim under 36 C.F.R. § 261.3(a)

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courtlistener_HTML_Query_653

collecting cases discussing actionable cause and inactionable motive

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courtlistener_HTML_Query_654

noting that "[t]he contours of [judicial estoppel] are hazy, and there is no mechanical test for determining its applicability"

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courtlistener_HTML_Query_655

holding that a restrictive covenant was ancillary to the sale of a business when the purchase of the insurance company and continued employment of the business owner was intended to perpetuate and guarantee future sales

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courtlistener_HTML_Query_656

“Teague . . . situated the rule it announced in th[e] line of cases adjusting the scope of fed- eral habeas relief in accordance with equitable and pruden- tial considerations”

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courtlistener_HTML_Query_657

“Expressio unius est exclusio alterius.”

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courtlistener_HTML_Query_658

holding that § 1983 does not pertain to the “personal pursuits” of government officials

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courtlistener_HTML_Query_659

relying on the language of the statute to determine legislative intent and construing statutory provisions in a manner consistent with related provisions

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courtlistener_HTML_Query_660

holding a defendant can be convicted based only on circumstantial evidence and reasonable inferences arising from it, even without any eyewitness identification

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courtlistener_HTML_Query_661

“In Peterson, this Court held that a service member and his or her family may recover under the state- sponsored terrorism exception to the FSIA only if the service member was a non-combatant not engaged in military hostilities.”

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courtlistener_HTML_Query_662

requiring error for due process claim

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courtlistener_HTML_Query_663

“[I]t is unclear whether the [pragmatic finality] doctrine is still viable.”

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courtlistener_HTML_Query_664

"When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment."

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courtlistener_HTML_Query_665

reviewing age limit for state judges

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courtlistener_HTML_Query_666

stating, in applying Pickering test, that "only matters of public concern . . . are protected by the First Amendment in this context"

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courtlistener_HTML_Query_667

Unlike Mr. Shea, “the primary duty of the law enforcement officers [in Reich] . . . involved ‘preventing, investigating, and detecting violations of criminal laws’ . . . and thus they ‘do not administer the affairs of that bureau.”

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courtlistener_HTML_Query_668

noting that the First Circuit has discussed the state created danger theory but never found it actionable on the facts alleged

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courtlistener_HTML_Query_669

plaintiff organization suffered injury where challenged practices impaired its ability “to provide counseling and referral services for low- and-moderate-income homeseekers”

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courtlistener_HTML_Query_670

appellate court will borrow forum state's statute of limitations governing breach 9 of contract claims for ERISA civil collection actions so long as application of state statute's time period would not impede effectuation of federal policy

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courtlistener_HTML_Query_671

“In DuPont v. Pressman, we held that an employee was entitled to recover damages for wrongful termination based on fictitious grounds, as an application of the good faith and fair dealing exception to the employment-at-will doctrine.”

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courtlistener_HTML_Query_672

contemporaneously created medical records are generally viewed as more reliable that any current assertions, especially when they are supported by other medical record entries

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courtlistener_HTML_Query_673

eyewitness’s testimony “extreme- ly important” to State’s case

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courtlistener_HTML_Query_674

remanding and directing the PCRA court to render “findings of fact and conclusions of law” in support of its disposition of issues turning on credibility

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courtlistener_HTML_Query_675

“Waiver does not arise from forbearance for a reasonable time, but may be inferred from conduct or acts ‘putting one off his guard and leading him to believe that a right has been waived.’” (quoting Gilman v. Butzloff, 22 So. 2d 263, 265 (Fla. 1945))

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courtlistener_HTML_Query_676

finding inadequate notice when warning "came not from OSHA but from the general contractor's safety inspector, and was therefore not an authoritative interpretation of the regulation"

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courtlistener_HTML_Query_677

providing that petitioner bears the burden of showing writ relief is appropriate

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courtlistener_HTML_Query_678

dismissal of breach of contract claim upheld where plaintiff pled only that he “suffered damages in an amount to be proven at trial”

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courtlistener_HTML_Query_679

in determining whether a defendant’s absence is voluntary or involuntary, the superior court must consider all the facts presented to it on the issue

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courtlistener_HTML_Query_680

“[W]e review only issues which are argued specifically and distinctly in a party’s opening brief.” (citation and internal quotation marks omitted)

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courtlistener_HTML_Query_681

sentence of bank employee convicted of embezzlement could have been enhanced if evidence showed that the customers whose checks she stole were particularly vulnerable

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courtlistener_HTML_Query_682

refusing to consider postagreement invalidation of patent because “reasonableness of agreements under the antitrust laws are to be judged at the time the agreements are entered into”

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courtlistener_HTML_Query_683

noting that inadvertence or mistake may make application of judicial estoppel inappropriate, and referencing "considerations of equity" in deciding that judicial estoppel was appropriate in that case

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courtlistener_HTML_Query_684

following Foster in identifying 1798 as the key date for an analysis of the right to trial by jury

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courtlistener_HTML_Query_685

finding a complaint sufficient under Rule E(2)(a

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courtlistener_HTML_Query_686

decision to decline to pursue an appeal constitutes voluntary action

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courtlistener_HTML_Query_687

“A predis- posed person is one ‘who takes advantage of an ordinary opportunity to commit criminal acts—not an extraordinary opportunity, the sort of thing that might entice an otherwise law-abiding person … .’” (quoting United States v. Evans, 924 F.2d 714, 717 (7th Cir. 1991

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courtlistener_HTML_Query_688

"It is a principle of statutory construction that the rules of common law are not to be changed by doubtful implication."

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courtlistener_HTML_Query_689

explaining that adherence to rigid rules ―has been the character of our jurisprudence in this field‖

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courtlistener_HTML_Query_690

FAA advisory circular is reviewable "order" under section 46110(a) but also "fall[s] into the vast category of `informal adjudications' in which agencies routinely engage" and thus is not subject to APA requirements of notice and comment and record proceeding

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courtlistener_HTML_Query_691

suggesting, in dicta, limitation on holding from Worcester

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courtlistener_HTML_Query_692

determining nothing cruel and unusual about punishing person committing two crimes more severely than person com- mitting only one crime, which is effect of consecutive sentenc- ing

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courtlistener_HTML_Query_693

holding similarly in the FCA context

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courtlistener_HTML_Query_694

“It is well-settled that courts are to construe ambiguities against the drafter of a contract . . . .”

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courtlistener_HTML_Query_695

holding that for the Court of Appeals to draw inferences from known facts was an "inappropriate" exercise in factfinding

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courtlistener_HTML_Query_696

noting the standard for determining ineffective assistance of counsel applied in federal cases is also applied in Tennessee

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courtlistener_HTML_Query_697

“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”

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courtlistener_HTML_Query_698

rejecting government’s threshold argument that this Court lacks jurisdiction under 18 U.S.C. § 3742(a

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courtlistener_HTML_Query_699

remanding where “we lack the clairvoyance necessary to confidently infer the reasoning behind the BIA’s conclusion”

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courtlistener_HTML_Query_700

exhaustion requires “using all steps that the agency holds out, and doing so properly” (quoting Pozo v. McCaughtry, 286 F.3d 1022, 1024 (7th Cir. 2002))

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courtlistener_HTML_Query_701

defendant’s irrational behavior and difficulties communicating with his lawyer was not substantial evidence of incompetence

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courtlistener_HTML_Query_702

“Where the officers’ entitlement to qualified immunity depends on the resolution of disputed issues of fact in their favor, and against the non-moving party, 5 summary judgment is not appropriate.”

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courtlistener_HTML_Query_703

“Clients generally are presumed to be accountable for and bound by their attorneys” conduct.”

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courtlistener_HTML_Query_704

union defendants do not breach their duty of fair representation by failing to “process a meritless grievance”

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courtlistener_HTML_Query_705

denying jurisdiction because Iraq, where arbitration took place, “was not a signatory to the New York Convention or (to the best of the Court’s knowledge

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courtlistener_HTML_Query_706

wearing United States military uniforms as part of theatrical presentation opposing Vietnam War

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courtlistener_HTML_Query_707

“[I]t is well-settled that issues not included in an appellant’s statement of questions involved and concise statement of errors complained of on appeal are waived.”

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courtlistener_HTML_Query_708

"We do not mean to suggest that any plaintiff may challenge the constitutionality of a statute on First Amendment grounds by nakedly asserting that his or her speech was chilled by the statute. The self-censorship door to standing does not open for every plaintiff."

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courtlistener_HTML_Query_709

“When our jurisdiction is based upon diversity, we apply state substantive law and federal procedural law. See Hanna v. Plumer, 380 U.S. 460, 471-74 (1965).”

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courtlistener_HTML_Query_710

holding that the cumulative effect of a beating, threatening phone calls, and a kidnapping constituted persecution

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courtlistener_HTML_Query_711

holding pro se inmate’s notice of appeal deemed filed when he gives it to prison officials

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courtlistener_HTML_Query_712

“[I]t is certain that a find- ing of unconstitutionality would redress the plaintiffs’ injury, as it would . . . end[ ] the practice of verbal prayer in their schools.”

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courtlistener_HTML_Query_713

acknowledging, however, that ―cases involving attorney-client agreements are of limited utility when analyzing agreements that do not involve assignments to an attorney‖

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courtlistener_HTML_Query_714

declaring Williams “persuasive, fair to crew and vessel owners alike” because “[c]ompliance with orders from supervisors will promote vessel safety and will aid efficacy of command at sea”

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courtlistener_HTML_Query_715

stating that a defendant can, “by cross-examination of a witness[,] . . . open the door for the admission on redirect examination of matters tending to support the case, which would not have been admissible on the case in chief”

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courtlistener_HTML_Query_716

"In response to a summary judgment motion . . . the plaintiff can no longer rest on . . . `mere allegations,' but must `set forth' . . . `specific facts.'" (citations omitted)

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courtlistener_HTML_Query_717

evaluating an affidavit claiming non-receipt of a notice against the clerk of court’s records of mailing with the recipient’s subsequent conduct

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courtlistener_HTML_Query_718

"The trial court . . . properly attempted to analyze white-white elections, as well as to evaluate the success of white candidates in black-white elections, to determine whether whites voted as a bloc to defeat blacks' preferred candi- dates."

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courtlistener_HTML_Query_719

"In this case, there is forensic evidence that the same gun was used in both the barbershop and cab driver shootings. This fact establishes a substantial connection between the two crimes that supports the admission of evidence regarding the cab driver murder." (emphases added)

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courtlistener_HTML_Query_720

“It is the interested party’s obligation to create an accurate record and provide Commerce with the information requested to ensure an accurate dumping margin.”

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courtlistener_HTML_Query_721

“[I]n a prosecution for simple assault under [18 U.S.C.] § 113(a)(5

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courtlistener_HTML_Query_722

per 1 Kennedy first attempted to serve Bell South on April 16 in South Florida, but did not perfect service because Kennedy tried to serve the company in South Florida, and it no longer conducted business there. 3 Case: 12-15869 Date Filed: 10/18/2013 Page: 4 of 6 curiam

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courtlistener_HTML_Query_723

record created at a Rule 11 colloquy is accorded a presumption of verity; district court may hold defendant to admissions made at the hearing

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courtlistener_HTML_Query_724

finding that an EIS with only two alternatives studied in detail was sufficient

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courtlistener_HTML_Query_725

alluding to the famous aphorism of Anatole France

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courtlistener_HTML_Query_726

holding that the “use of undisclosed information in adjudications should be presumptively unconstitutional”

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courtlistener_HTML_Query_727

“Alford tells us that strong evidence on the record can show that a plea is voluntary; it does not hold that only strong evidence on the record permits a finding of voluntariness. And it certainly does not imply that the factual-basis requirement of Fed. R. Crim. P. 11(f

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courtlistener_HTML_Query_728

concluding that the district court did not abuse its 13 discretion by finding a seven-month delay to be unreasonable

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courtlistener_HTML_Query_729

holding only if an extraordinary reason, such as a question of significant public interest or an emergency, exists will this Court determine a matter in its original jurisdiction

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courtlistener_HTML_Query_730

reminding that “the Supreme Court has repeatedly held that a state court’s interpretation of state law, including one announced on direct appeal of the challenged conviction, binds a federal court sitting in habeas corpus”

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courtlistener_HTML_Query_731

"[T]rial judges must make some effort to protect a party [proceeding pro se ] from waiving a right to be heard because of his or her lack of legal knowledge."

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courtlistener_HTML_Query_732

“The prosecution cannot use the defendant’s exercise of specific fundamental constitutional guarantees against him at trial”

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courtlistener_HTML_Query_733

explaining that misunderstanding the effect of filing a prior unexhausted federal habeas petition does not warrant equitable tolling

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courtlistener_HTML_Query_734

examining constitutional adequacy of notice, pre-removal conference, and post-removal hearing in administrative action to remove child from custody of foster parents

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courtlistener_HTML_Query_735

no reversible error where “prosecutor accused [defendant] of intentionally disguising his handwriting while giving an exemplar”

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courtlistener_HTML_Query_736

“ to the extent that statutes can be harmonized, they should be, but in case of an irreconcilable inconsistency between them the later and more specific statute usually controls the earlier and more general one”

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courtlistener_HTML_Query_737

stating that something more than a child's speculation is needed to establish the number of incidents that occurred

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courtlistener_HTML_Query_738

holding testimony about other "temporally proximate" drug deals could be admitted to counter defendant's version of events

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courtlistener_HTML_Query_739

elements of bankruptcy concealment are knowing concealment of property of one's bankruptcy estate from the bankruptcy trustee, with specific intent to defraud creditors

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