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courtlistener_HTML_Query_840

“The diversity statute does not confer subject matter jurisdiction over a lawsuit between an alien on one side, and an alien and a U.S. citizen on the other side”

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courtlistener_HTML_Query_841

explaining that plaintiff could not demonstrate reliance on a statement in making an investment because the investment predated the statement

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courtlistener_HTML_Query_842

entitling a defendant in a criminal case to an evidentiary hearing on the voluntariness of a statement

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courtlistener_HTML_Query_843

providing that for a content-based restriction on commercial speech, the government must show that it has a substan- tial interest, the regulation directly advances that interest, and the reg- ulation is not more extensive than necessary to serve that interest

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courtlistener_HTML_Query_844

noting that "the use of a deadly weapon may transform a lesser degree of force into the necessary 'violent force'"

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courtlistener_HTML_Query_845

“Under the FSIA, a solatium claim is indistinguishable from an [intentional infliction of emotional distress] claim.”

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courtlistener_HTML_Query_846

adverse credibility determination was reasonable under the REAL ID Act’s “totality of the circumstances”

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courtlistener_HTML_Query_847

“[I]f a district containing available land has been zoned to permit a particular use, one may not later base a claim that the use is excluded on the fact that the land has been used for another purpose instead.”

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courtlistener_HTML_Query_848

noting that mandated exchanges of documentation, rather than "searching discovery," are appropriate where only attorney fees and expenses are at issue

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courtlistener_HTML_Query_849

“In general, a false statement is material if it has a natural tendency to influence, or [is] capable of influencing, the decision of the decisionmaking body to which it was addressed.” (internal quotation marks omitted)

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courtlistener_HTML_Query_850

Ginsburg, Stevens, Souter, & Breyer, JJ., dissenting

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courtlistener_HTML_Query_851

holding that § 2241 relief was warranted in light of “the BOP’s failure to implement the sentence imposed by the sentencing court”

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courtlistener_HTML_Query_852

material fact is one that affects the outcome of the litigation

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courtlistener_HTML_Query_853

finding that the government has a substantial interest in providing for public safety in national parks

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courtlistener_HTML_Query_854

noting that, in a case where a rule required action by a private individual, the word "shall," is primarily mandatory

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courtlistener_HTML_Query_855

even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group”

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courtlistener_HTML_Query_856

"[P]ersecution may be on account of a political opinion the applicant actually holds or on account of one the [persecutor] has imputed to him."

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courtlistener_HTML_Query_857

reiterating that we will not “substitute [our] judgment for that of the agency” (internal quotation marks omitted)

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courtlistener_HTML_Query_858

"Regarding the erroneous admission of evidence by a trial court, this court has said that[, e]ven if the trial court erred in admitting evidence, a defendant's conviction will not be overturned if the error was harmless beyond a reasonable doubt[.]"

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courtlistener_HTML_Query_859

finding the plaintiff’s case “legally more compli- cated than a typical failure-to-treat claim because it requires an assessment of the adequacy of the treatment … re- ceive[d], a question that will likely require expert testimo- ny”

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courtlistener_HTML_Query_860

holding that, for this reason, issue pre- clusion is generally not applicable in patent validity judgments

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courtlistener_HTML_Query_861

“The statistics [the defendant] cites are bare numbers without context and, therefore, do not persuade us that his sentences are unreasonable.”

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courtlistener_HTML_Query_862

information charging refusal of chemical test is sufficient if it alleges facts or elements necessary to constitute offense described in statute and intended to be punished

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courtlistener_HTML_Query_863

holding broad argument was insufficient to identify errors

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courtlistener_HTML_Query_864

noting that “[b]ecause the remedy is remedial rather than punitive, the court may not order disgorgement above” “the amount of money acquired through wrongdoing”

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courtlistener_HTML_Query_865

noting that an attorney who had assisted taxpayer- defendant in concealing his income and who prepared and executed false notes was guilty of violating § 7201

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courtlistener_HTML_Query_866

finding that the court order must be based on a judicial finding of dependency, neglect, or abuse

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courtlistener_HTML_Query_867

holding that petition for -3- review was timely “filed” when received by clerk within the time fixed for filing even though it was not stamped as filed until clerk received filing fee and certificate of service after filing period

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courtlistener_HTML_Query_868

reversing sentence violating due process because it relied upon “materially untrue” assumptions

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courtlistener_HTML_Query_869

holding that a defen- dant in a multi-drug conspiracy cannot receive a sentence exceeding the statutory maximum applicable to the least-punished conspiracy of which he might have been convicted

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courtlistener_HTML_Query_870

upholding a prisoner release order to remedy the California legislature’s delay in ameliorating a prison system unable to provide constitutional care

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courtlistener_HTML_Query_871

explaining that where arbitrator confines himself to plain language of contract, arbitration award should be confirmed unless “wholly baseless and completely without reason”

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courtlistener_HTML_Query_872

explaining that allocated marital debts should be included in assessments of the parties’ needs and abilities to provide alimony

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courtlistener_HTML_Query_873

"Higher costs of capital injure the firm, making [plaintiffs] the right plaintiffs."

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courtlistener_HTML_Query_874

Rule 60(b) motion for reconsideration is not a substitute for appeal

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courtlistener_HTML_Query_875

concluding that search warrant was not stale when, among other factors, “the nature of the activities alleged were long-term drug trafficking and money laundering”

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courtlistener_HTML_Query_876

‘‘[although] the existence of an actual controversy is an essential requisite to appellate jurisdiction . . . [t]he mootness doctrine does not preclude a court from addressing an issue that is capable of repetition, yet evading review’’ [internal quotation marks omitted]

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courtlistener_HTML_Query_877

“‘Maryland law has long allowed plaintiffs to sue for injuries caused by fraudulent misrepresentations made to third parties,’ so long as the plaintiff could reasonably have been expected to act or refrain from action in reliance upon the misrepresentation.”

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courtlistener_HTML_Query_878

federal courts may look to sources including restatements of law, law reviews, and majority rules among other states

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courtlistener_HTML_Query_879

describing this as the “core judicial inquiry”

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courtlistener_HTML_Query_880

explaining that the requisite knowledge and intent may be inferred from examination of the totality of the circumstances surrounding the case

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courtlistener_HTML_Query_881

holding that a proper hypothetical need only include restrictions that are supported by substantial evidence

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courtlistener_HTML_Query_882

“the facts as alleged . . . are to be taken as true and compared to the language of the insurance policy”

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courtlistener_HTML_Query_883

"Our cases have established that the free exercise inquiry asks whether government has placed a substantial burden on the observation of a central religious belief or practice and, if so, whether a compelling governmental interest justifies the burden."

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courtlistener_HTML_Query_884

\nje Marriage of Sheffer. 60 Wn. App. 51, 57, 802 P.2d 817 (1990)

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courtlistener_HTML_Query_885

“Most people would not say that they knocked over a bank, spit on a policeman, or shoved their mother if it wasn’t true.”

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courtlistener_HTML_Query_886

recognizing district court's responsibility to decide what weight to accord § 3553(a) factors

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courtlistener_HTML_Query_887

noting that an agency acts intentionally or willfully “either by committing the act without grounds for believing it to be lawful, or by flagrantly disregarding others’ rights under the Act”

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courtlistener_HTML_Query_888

rural landowner owed no duty of care, due to facts regarding the size and type of road, the use of the road, the volume of traffic, the bordering land use, and the defendant’s notice of the tree’s condition

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courtlistener_HTML_Query_889

retaliation for claim of discrimination based on national origin

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courtlistener_HTML_Query_890

Copyright Act of 1976, 17 U.S.C. § 101

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courtlistener_HTML_Query_891

order identifying the wrong Government official as authorizing the application

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courtlistener_HTML_Query_892

“The primary object of the [Confrontation Clause] was to prevent depositions or ex parte affidavits . . . being used against the prisoner in lieu of personal examination and cross-examination of the witness . . . .”

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courtlistener_HTML_Query_893

upholding a sentencing enhancement despite the defendant’s assertion that his gun was kept for “personal home protection”

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courtlistener_HTML_Query_894

“A presumption of validity attaches to the agency action and the burden of proof rests with the appellants who challenge such action.”

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courtlistener_HTML_Query_895

identifying, as a requirement of Rule 702, that “the subject matter at issue must be beyond the common knowledge of the average layman”

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courtlistener_HTML_Query_896

“Infringement can be based upon confusion that creates initial consumer interest, even though no actual sale is finally completed as a result of the confusion.” (quoting 3 J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition § 23:6 (4th ed. 1997)

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courtlistener_HTML_Query_897

concluding that district court erred in giving self-interest instruction because the “testimony of the accused should not be ‘singled out’ in the 4 court’s charge,” but that the error “did not substantially influence the judgment of conviction”

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courtlistener_HTML_Query_898

noting “quasi-legislative power of the [Sentencing] Commission”

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courtlistener_HTML_Query_899

noting both elements must be satisfied for a plaintiff to proceed under § 1983

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courtlistener_HTML_Query_900

finding discretionary the decision of a corrections officer regarding how to respond to an inmate’s suicide attempt

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courtlistener_HTML_Query_901

noting child's life “simply cannot be put on hold in the hope that [a parent] will summon the ability to handle the responsibilities of parenting.”

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courtlistener_HTML_Query_902

observing that “difficulty in defining a workable cause of action” may be a special factor

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courtlistener_HTML_Query_903

“It is a fundamental doctrine of appellate review that issues must ordinarily be both raised and decided by the district court before we will decide them on appeal.”

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courtlistener_HTML_Query_904

district court&s decision not to depart downward under § 4A1.3 is unreviewable if court is aware of its authority to do so

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courtlistener_HTML_Query_905

“[W]hen a district court makes a determination of sentencing facts by a preponderance test under the now-advisory Guidelines, it is not bound by jury determinations reached through application of the more onerous reasonable doubt standard.”

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courtlistener_HTML_Query_906

“Where a sale is prohibited, it is necessary, for a conviction, to allege in the bill of indictment the name of the person to whom the sale was made or that his name is unknown, unless some statute eliminates that requirement.”

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courtlistener_HTML_Query_907

“‘[a]llegations of negligence or innocent mistake are insufficient’ to satisfy the Franks test which requires intentional or reckless disregard for the truth.” (quoting Franks, 438 U.S. at 171)

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courtlistener_HTML_Query_908

“[I]n considering ‘all relevant circumstances,’ courts may consider distinctions such as [a venireperson’s] attorney status in de- termining whether the inference of discrimination is demon- strated.”

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courtlistener_HTML_Query_909

“This court reviews the tax court’s legal conclusions -6- de novo and its findings of fact under the ‘clearly erroneous’ standard.”

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courtlistener_HTML_Query_910

time stop rule had improper retroactive effect

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courtlistener_HTML_Query_911

describing preliminary injunction as “extraordinary remedy”

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courtlistener_HTML_Query_912

according weight to the fact that a suspect’s car was parked near the entered home

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courtlistener_HTML_Query_913

“[T]his equitable remedy is only available when an inmate [1] diligently pursues his claims and [2] demonstrates that failure to timely file was caused by extraordinary circumstances beyond his control.”

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courtlistener_HTML_Query_914

sentence was reasonable with regard to 18 U.S.C. § 3553(a) factors that district court considered, including criminal history

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courtlistener_HTML_Query_915

noting, in interpreting the predecessor statute to section 2036, that "we look to substance, not to form" in determining the effect of a transaction (quoting Helvering v. Hallock, 309 U.S. 106, 114, 60 S.Ct. 444, 84 L.Ed. 604 (1940))

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courtlistener_HTML_Query_916

concluding that search of publicly exposed garbage did not violate the Fourth Amendment

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courtlistener_HTML_Query_917

inquiry about identification, warrant check, direct question about drug possession, and request to search constituted seizure

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courtlistener_HTML_Query_918

discussing factual showing required to demonstrate standing in pleadings and at summary judgement

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courtlistener_HTML_Query_919

Appellant failed to establish expert assistance sought, pursuant to Ake, in selecting a jury was essential to defense by offering nothing but undeveloped assertions that the requested assistance would be beneficial

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courtlistener_HTML_Query_920

holding that “at the present time” means at the time of the termination hearing

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courtlistener_HTML_Query_921

1997 amendments to IDEA are to be applied "only to events occurring after [their] effective date"

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courtlistener_HTML_Query_922

holding that suppression by the prosecution of favorable evidence to an accused upon request violates due process where the evidence is material either to guilt or to punishment

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courtlistener_HTML_Query_923

parole for sex offenders, under various Colorado parole schemes, is discretionary

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courtlistener_HTML_Query_924

stating that a hotel clerk could not consent to a search of a guest's room because the guest had not waived his rights "by word or deed, either directly or through an agent"

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courtlistener_HTML_Query_925

petitioner’s “desire to be free from harassment by criminals motivated by theft or random violence . . . bears no nexus to a protected ground”

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courtlistener_HTML_Query_926

“Due process does not prevent use in sentencing of out-of-court declarations” by a person whose true identity is not disclosed “where there is good cause for the nondisclosure of [her] identity and there is sufficient corroboration by other means.”

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courtlistener_HTML_Query_927

“Counsel cannot be deemed ineffective for failing to pursue a meritless claim.” (citing Ferrell v. State, 29 So. 3d 959, 975 (Fla. 2010); Mungin v. State, 932 So. 2d 986, 997 (Fla. 2006))

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courtlistener_HTML_Query_928

There must be “procedural regularity” in a bindover proceeding “sufficient in the particular circumstances to satisfy the basic requirements of due process and fairness.”

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courtlistener_HTML_Query_929

affirming sentence of union president who defrauded union through kickback scheme with lender to union members; loss calculation based on defendant’s gain

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courtlistener_HTML_Query_930

“Put simply, being regulated by the State does not make one a state actor.”

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courtlistener_HTML_Query_931

plaintiff argued that negligence action against employer for failure to provide adequate medical care to employee suffering heart attack was not barred by WCA

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courtlistener_HTML_Query_932

granting motion for Rule 12 disclosure and requiring government to notify defendant of evidence to be offered in its case-in- chief from broad categories of evidence identified by defendant

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courtlistener_HTML_Query_933

“[T]he decision whether to grant or deny an extension of time to file a notice of appeal should be entrusted to the discretion of the district court . . . .”

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courtlistener_HTML_Query_934

agreeing with the proposition that “where a case is tried wholly upon documents or stipulations, the appellate tribunal is in as good a position as the trial court to determine the force and effect of the evidence.”

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courtlistener_HTML_Query_935

affirming dismissal of constitutional claims against DOJ officials as “encompassed within the remedial scheme of the Privacy Act.”

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courtlistener_HTML_Query_936

discussing parallel 7 removal notice for criminal proceedings

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courtlistener_HTML_Query_937

holding that the state supreme court acted in a legislative capacity when it promulgated its disciplinary rules

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courtlistener_HTML_Query_938

ruling that Rule 404(b) evidence “need not involve the same illegal drug as the charged offense” (internal quotation marks omitted); United States v. Hernandez, 84 F.3d 931, 935 (7th Cir. 1995) (concluding that prior marijuana conviction could be admitted under Rule 404(b

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courtlistener_HTML_Query_939

holding that this Court does not have jurisdiction to review claims that have not been exhausted before the BIA

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