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courtlistener_HTML_Query_740

noting that demanding full payment before all installments are due constitutes a sufficiently affirmative act of acceleration

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courtlistener_HTML_Query_741

finding the State Department's 2003 Country Report sufficient to show that circumstances had changed in Albania "so fundamentally since Alibeaj left in 2001 as to obviate her otherwise well-founded fear of future persecution"

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courtlistener_HTML_Query_742

explaining that the Court might have reached a different conclusion “[i]f we were permitted to glean from the mind of [the defendant] his actual intent”

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courtlistener_HTML_Query_743

recognizing that Livingston “rejected a public policy attack on a claims-made policy”

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courtlistener_HTML_Query_744

“The legal standard requires a plaintiff to show that defendants knew that he faced a substantial risk of serious harm and disregarded that risk by failing to take reasonable measures to abate it. See Farmer v. Brennan, 511 U.S. 825, 847 (1994

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courtlistener_HTML_Query_745

upholding a stay order where “[i]t would be a waste of judicial resources for both actions, involving the same set of facts and requesting virtually identical relief, to proceed side-by-side”

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courtlistener_HTML_Query_746

controlling opinion of Alito, J.

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courtlistener_HTML_Query_747

discussing the legislative history of the last- known-address rule

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courtlistener_HTML_Query_748

“A finding that either parent is a suitable legal custodian is an essential predicate to an award of joint custody.”

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courtlistener_HTML_Query_749

"an agency's action is not necessarily final merely because it is binding"

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courtlistener_HTML_Query_750

"We have no quarrel with an insurer's right to limit its exposure"

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courtlistener_HTML_Query_751

explaining that courts applying judicial estoppel typically require that “a party’s later position . . . be ‘clearly 2 inconsistent’ with its earlier position” (citations omitted)

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courtlistener_HTML_Query_752

“This subjective standard requires a high degree of awareness of probable falsity.”

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courtlistener_HTML_Query_753

“all lower courts and tribunals are bound by” a prior decision of the Supreme Court “and must follow it even if they believe that it was wrongly decided or has become obsolete”

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courtlistener_HTML_Query_754

explaining the ruling in Karr

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courtlistener_HTML_Query_755

concluding that "implicit threats employed by the defendant" can suffice to bring his case within the ambit of the guideline

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courtlistener_HTML_Query_756

finding if contract elements met, employee handbook “or other policy statement” creates enforceable contractual rights

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courtlistener_HTML_Query_757

holding that in considering whether a claim fails to state a claim, we need not “‘accept as true 42 allegations that contradict matters properly subject to judicial notice or by exhibit.’” (quoting Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001)

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courtlistener_HTML_Query_758

“[W]e may affirm on any ground supported by the record.”

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courtlistener_HTML_Query_759

excusing failure to exhaust where (1) administrative remedies unavailable to inmate, (2) defendants waive defense of non-exhaustion or are estopped by own conduct inhibiting inmate’s exhaustion, or (3

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courtlistener_HTML_Query_760

finding a challenge to a no-contact order, raised for the first time on appeal, was not waived and should be treated as a challenge to an illegal sentence

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courtlistener_HTML_Query_761

holding that although the use of force below a de minimis threshold ordinarily will not be actionable, even de minimis force will violate the Fourth Amendment if the officer is not entitled to arrest or detain the suspect

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courtlistener_HTML_Query_762

holding that differences in treatment that are explained by nondiscriminatory reasons will not sustain a claim of pretext

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courtlistener_HTML_Query_763

explaining that the burden is 7 on the alien “to establish a sufficiently strong nexus to . . 8 . [a] protected ground”

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courtlistener_HTML_Query_764

“A contract of insurance upon a life in which the insured has no interest is a pure wager that gives the insured a sinister counter interest in having the life come to an end.”

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courtlistener_HTML_Query_765

district court not required to explicitly recite Federal Rule of Evidence 403 balancing “if this court can conclude, based on a review of the record, that the district court considered Rule 403’s requirements”

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courtlistener_HTML_Query_766

“[I]t is well settled that in reading regulatory MAZZEI V. CIR 27 and taxation statutes, ‘form should be disregarded for substance and the emphasis should be on economic reality.’” (citation omitted)

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courtlistener_HTML_Query_767

“Although the enhancement is based on the conduct in the underlying offense, such double-counting is . . . authorized” because “the plain, unambiguous language of § 3147 and the Guidelines permit the enhancement.”

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courtlistener_HTML_Query_768

rejecting the State’s argument that the trial court did not find a witness credible where the trial court never said that

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courtlistener_HTML_Query_769

characterizing § 4 of the Clayton Act, 15 U.S.C. § 15, which permits recovery of treble damages, as “in essence a remedial provision”

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courtlistener_HTML_Query_770

holding that subsequent to an invocation of counsel, the Edwards per se rule does not apply if an “accused himself initiates further communication, exchanges, or conversations with the police”

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courtlistener_HTML_Query_771

explaining that federal law may preempt state law when there is “a conflict between federal and state law”

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courtlistener_HTML_Query_772

deciding that a challenge to the Corps’s annual operating plan was moot because the plan had lapsed

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courtlistener_HTML_Query_773

holding that trial court did not abuse its discretion in allowing into evidence videotape that assisted jury in determining the credibility and accuracy of an expert's diagnosis

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courtlistener_HTML_Query_774

holding that if a trial court denies a motion for judgment nunc pro tunc, relief may be sought by filing a petition for writ of mandamus

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courtlistener_HTML_Query_775

noting that it was “not bound to adopt the Attorney General’s Formal Opinion as a correct statement of law” although “it is nonetheless entitled to a degree of deference”

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courtlistener_HTML_Query_776

“The . . . ‘aggravated felony’ statute, unlike ACCA, contains some language that refers to generic crimes and some language that almost certainly refers to the specific circumstances in which a crime was committed. The question before us then is to which category subparagraph (M)(i

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courtlistener_HTML_Query_777

“[A] district court may properly deny a motion to amend if the amended pleading would not survive”

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courtlistener_HTML_Query_778

substantial evidence exists even if a court “were to reach a different result approaching the matter de novo”

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courtlistener_HTML_Query_779

considering an argument abandoned when “a party seeking to raise a claim or issue on appeal [fails to] plainly and prominently so indicate.”

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courtlistener_HTML_Query_780

“We think defendants made a sufficient prima facie showing . . . and that the government, being in possession of the facts . . . , should have come forward with evidence . . . .”

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courtlistener_HTML_Query_781

holding invalid, under prong one of Chevron, a BIA interpretation that limited the Attorney General’s discretion in ways contrary to the will of Congress

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courtlistener_HTML_Query_782

allowing evidence of past physical abuse to demonstrate the victim's fear of the defendant and explain the apparent inconsistency of the victim not reporting the full extent of the abuse earlier

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courtlistener_HTML_Query_783

interpreting parallel language in Rehabilitation Act, stating that plaintiff need only show he seeks a “method of accommodation that is reasonable in the run of cases” (emphasis in original)

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courtlistener_HTML_Query_784

recognizing that child pornography constitutes a “thing of value” under the Guidelines

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courtlistener_HTML_Query_785

“The risk of physical injury in [generic burglary] occurs when there is a confrontation between the criminal and another person, whether an occupant of the structure, a law enforcement officer or security guard, or someone else.”

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courtlistener_HTML_Query_786

"[T]he term `meritless' is to be understood as meaning groundless or without foundation, rather than simply that the plaintiff has ultimately lost his case. . . ."

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courtlistener_HTML_Query_787

stating that a parent’s “efforts may be insufficient to remedy parental incapacity under [Section 2511(a)(2)]”

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courtlistener_HTML_Query_788

noting proof of one previous traffic violation grossly inadequate to establish incompetency or recklessness

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courtlistener_HTML_Query_789

noting that, “where real estate is actually invaded by superinduced additions of water, earth, sand, or other material . . . so as to effectually destroy or impair its usefulness, it is a taking, within the meaning of the Constitution”

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courtlistener_HTML_Query_790

parties cannot raise issue for the first time before the appellate court, including some constitutional issues

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courtlistener_HTML_Query_791

‘‘The fact that [the witness] was a key witness made his credibility crucial to the state’s case. In assessing his credibility the jury [was] entitled to know that he was testifying under false colors. Such knowledge could have affected the result.’’

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courtlistener_HTML_Query_792

noting that the granting of a driveway permit application is a regulatory action that does not vest an irrevocable property right in the owner

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courtlistener_HTML_Query_793

“Appellant does not attempt to identify any good reason for not filing his 60(b)(4) motion until more than eleven months after he was properly served with the complaint and the default-judgment motion”

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courtlistener_HTML_Query_794

stating sovereign immunity does not bar mandamus under § 29-3528 against public officer

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courtlistener_HTML_Query_795

noting that a party challenging a natural gas rate order “carries the heavy burden of making a convincing showing that it is invalid because it is unjust and unreasonable”

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courtlistener_HTML_Query_796

presumption of a public trial under 6th amendment applied to a hearing to determine admissibility of wiretap evidence

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courtlistener_HTML_Query_797

consulting attorney to institute a CPA claim is insufficient to show injury to business or property and is not compensable under the CPA

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courtlistener_HTML_Query_798

“If [an officer] did not violate any right, he is hardly in need of any immunity and the analysis ends right then and there.”

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courtlistener_HTML_Query_799

"We will ... `uphold a decision of less than ideal clarity if the agency's path may reasonably be discerned.'" (quoting Bowman Transp., Inc. v. Arkansas-Best Freight Sys., Inc., 419 U.S. 281, 286, 95 S.Ct. 438, 42 L.Ed.2d 447 (1974))

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courtlistener_HTML_Query_800

contrasting the close relationships between the agreements at issue in Ozdeger and Staley Manufacturing with the somewhat more disjointed relationship between the agreements before the court

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courtlistener_HTML_Query_801

“[A]fter giving both parties an opportunity to argue for whatever sentence they deem appropriate, the district judge should then consider all of the § 3553(a) factors to determine whether they support the sentence requested by a party.”

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courtlistener_HTML_Query_802

holding that an improper jury instruction was harmless where the defendant’s fingerprints were found on plastic bags containing drug residue and a trial witness testified that the defendant sold drugs out of the home that was searched

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courtlistener_HTML_Query_803

concluding that except for purposes of § 1692f(6

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courtlistener_HTML_Query_804

“[A]n employer is not required to accommodate an employee in any manner in which that employee desires.”

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courtlistener_HTML_Query_805

agency's reasoning is sufficient if it shows that a new policy "is permissible under the statute, that there are good reasons for it, and that the agency believes it to be better"

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courtlistener_HTML_Query_806

recognizing that the jury, not a reviewing court, determines whether evidence is credible (citation omitted)

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courtlistener_HTML_Query_807

stating that the review of an extradition order presents a legal question concerning the interpretation of a treaty and is subject to plenary review

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courtlistener_HTML_Query_808

considering dictionary definition of “individual”

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courtlistener_HTML_Query_809

requiring a "positive award" to the offeree to trigger Rule 68

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courtlistener_HTML_Query_810

discussing the district court’s imposition of alternate sentences

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courtlistener_HTML_Query_811

requiring error to prevail on a due process claim

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courtlistener_HTML_Query_812

“[T]he ordinary rules of tort causation apply to constitutional tort suits.”

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courtlistener_HTML_Query_813

noting that the absence of prejudice “is not an independent basis” to equitably toll the running of a limitations period but is only a factor in the inquiry

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courtlistener_HTML_Query_814

the rule in criminal cases is that, if judgment is in part beyond the power of the court to render, it is void as to the excess

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courtlistener_HTML_Query_815

"Without approval of the form, SGI is not entitled to the conclusive presumption of knowing acceptance."

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courtlistener_HTML_Query_816

overruling prior adoption of doctrine and adopting reasonable and prudent parent test

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courtlistener_HTML_Query_817

expression that is “naturally associated with the treatment of a given idea” is not copyrightable

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courtlistener_HTML_Query_818

stating that, post-Booker, district courts need not conduct an accounting of every § 3553(a) factor and expound on how each factor played a role in the sentencing decision

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courtlistener_HTML_Query_819

holding that "court clerks, like judges, should be immune from damage suits for performing tasks that are integrally related to the judicial process."

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courtlistener_HTML_Query_820

explaining that, where the trial court erroneously overrules an objection to improper prosecutorial comments, this Court reviews the comments for harmless error and the denial of the motion for mistrial based upon the comments for abuse of discretion

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courtlistener_HTML_Query_821

“The language of Title VII makes plain the purpose of Congress to assure equality of employment opportunities and to eliminate those discriminatory practices and devices which have fostered racially stratified job environments to the disadvantage of minority citizens.”

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courtlistener_HTML_Query_822

“We hold in the circumstances of this case that the absence of a formal finding of default by the arbitrators does not preclude the district court from making that determination under [Section] 3.”

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courtlistener_HTML_Query_823

“Even when one does not prove any compensable damages from a due process violation, under Section 1983 a cause of action and nominal damages remain available.”

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courtlistener_HTML_Query_824

“Jurisdiction over actions . . . to recover benefits or enforce rights under a plan . . . is vested concurrently in state and federal courts.”

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courtlistener_HTML_Query_825

“A mixed question of law and fact is one involv[ing] an examination of the legal effect of a given set of facts.” (Internal quotation marks omitted.)

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courtlistener_HTML_Query_826

"Evidence intrinsic to the crime for which the defendant is on trial, accordingly, is not governed by Rule 404(b)."

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courtlistener_HTML_Query_827

"It is a bedrock tenet of patent law that an invention presumptively belongs to its creator." (internal quotations omitted)

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courtlistener_HTML_Query_828

observing that "in assessing whether reliance on a search warrant was objectively rea- sonable under the totality of the circumstances, it is appropriate to take into account the knowledge that an officer in the searching offi- cer's position would have possessed"

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courtlistener_HTML_Query_829

the Prison Litigation Reform Act allows for an amended complaint to allege new and newly exhausted claims addressing incidents that had not yet transpired at the original time of filing

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courtlistener_HTML_Query_830

considering a conviction for aggravated robbery and stating that one of its “essential elements” is that the “taking was with force or violence or that such taking was by putting [the victim] in fear” (alteration added)

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courtlistener_HTML_Query_831

“We recognize that acts attributable to third parties are not subject to the same level of scrutiny as acts attributable to the union or employer.”

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courtlistener_HTML_Query_832

"'no particular type of personnel action [is] automatically excluded from serving as the basis of a cause of action' under Title VII, as long as the plaintiff is 'aggrieved' by the action" (citation omitted)

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courtlistener_HTML_Query_833

"Precise questioning is imperative as a predicate for the offense of perjury."

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courtlistener_HTML_Query_834

“[C]ourts have uniformly held, and we agree, that the rationales underlying the filed rate doctrine apply equally strongly to regulation by state agencies.”

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courtlistener_HTML_Query_835

“Plaintiffs cite to no case that specifically recognizes intentional spoliation of evidence as a tort in Illinois. Neither have we found such an Illinois case.”

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courtlistener_HTML_Query_836

interpreting “filed” to mean “‘in the possession of’ a particular person or agency, as the circumstance dictates”

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courtlistener_HTML_Query_837

setting forth the elements of a retaliation claim

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courtlistener_HTML_Query_838

“It is well established that ‘an inferior court has no power or authority to deviate from the mandate issued by an appellate court.’” (quoting Briggs v. Penn. R.R., 334 U.S. 304, 306 (1948))

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courtlistener_HTML_Query_839

recognizing that the Eleventh Amendment bars suits in federal court by a citizen against agencies or departments of his state

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