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In fact, as plaintiffs' affidavits make clear, none of the plaintiffs ever attempted to file a grievance or asked that a grievance be filed and pursued. Under these circumstances, the court cannot conclude that plaintiffs are excused from first exhausting their remedies under the collective bargaining agreement, i.e., from filing and pursuing grievances, as a prerequisite to seeking judicial relief.
{ "signal": "see", "identifier": null, "parenthetical": "fact that union representative stated. to employee that union could do nothing did not establish that any attempt by employee to file grievance would have been futile", "sentence": "See Janik v. Buhrke Tech Int'l, 1997 WL 285763, Slip op. at 5 (N.D.Ill. May 22, 1997) (fact that union representative stated. to employee that union could do nothing did not establish that any attempt by employee to file grievance would have been futile); cf. Glover v. St. Louis-San Francisco Ry. Co., 393 U.S. 324, 89 S.Ct. 548, 21 L.Ed.2d 519 (1969) (exhaustion not required where employees complained to representatives of union and called upon union to process grievance on her behalf yet union representatives refused and treated plaintiff-employees with condescension); Woodward Iron Co. v. Ware, 261 F.2d 138 (5th Cir.1958) (two employees excused from exhaustion where one filed grievance which union voted not to pursue). Accordingly, with the exception of plaintiffs’ fraud claim, the court must dismiss each of plaintiffs’ claims against GM without prejudice for their failure to exhaust." }
{ "signal": "cf.", "identifier": null, "parenthetical": "exhaustion not required where employees complained to representatives of union and called upon union to process grievance on her behalf yet union representatives refused and treated plaintiff-employees with condescension", "sentence": "See Janik v. Buhrke Tech Int'l, 1997 WL 285763, Slip op. at 5 (N.D.Ill. May 22, 1997) (fact that union representative stated. to employee that union could do nothing did not establish that any attempt by employee to file grievance would have been futile); cf. Glover v. St. Louis-San Francisco Ry. Co., 393 U.S. 324, 89 S.Ct. 548, 21 L.Ed.2d 519 (1969) (exhaustion not required where employees complained to representatives of union and called upon union to process grievance on her behalf yet union representatives refused and treated plaintiff-employees with condescension); Woodward Iron Co. v. Ware, 261 F.2d 138 (5th Cir.1958) (two employees excused from exhaustion where one filed grievance which union voted not to pursue). Accordingly, with the exception of plaintiffs’ fraud claim, the court must dismiss each of plaintiffs’ claims against GM without prejudice for their failure to exhaust." }
1,140,585
a
In fact, as plaintiffs' affidavits make clear, none of the plaintiffs ever attempted to file a grievance or asked that a grievance be filed and pursued. Under these circumstances, the court cannot conclude that plaintiffs are excused from first exhausting their remedies under the collective bargaining agreement, i.e., from filing and pursuing grievances, as a prerequisite to seeking judicial relief.
{ "signal": "see", "identifier": null, "parenthetical": "fact that union representative stated. to employee that union could do nothing did not establish that any attempt by employee to file grievance would have been futile", "sentence": "See Janik v. Buhrke Tech Int'l, 1997 WL 285763, Slip op. at 5 (N.D.Ill. May 22, 1997) (fact that union representative stated. to employee that union could do nothing did not establish that any attempt by employee to file grievance would have been futile); cf. Glover v. St. Louis-San Francisco Ry. Co., 393 U.S. 324, 89 S.Ct. 548, 21 L.Ed.2d 519 (1969) (exhaustion not required where employees complained to representatives of union and called upon union to process grievance on her behalf yet union representatives refused and treated plaintiff-employees with condescension); Woodward Iron Co. v. Ware, 261 F.2d 138 (5th Cir.1958) (two employees excused from exhaustion where one filed grievance which union voted not to pursue). Accordingly, with the exception of plaintiffs’ fraud claim, the court must dismiss each of plaintiffs’ claims against GM without prejudice for their failure to exhaust." }
{ "signal": "cf.", "identifier": null, "parenthetical": "exhaustion not required where employees complained to representatives of union and called upon union to process grievance on her behalf yet union representatives refused and treated plaintiff-employees with condescension", "sentence": "See Janik v. Buhrke Tech Int'l, 1997 WL 285763, Slip op. at 5 (N.D.Ill. May 22, 1997) (fact that union representative stated. to employee that union could do nothing did not establish that any attempt by employee to file grievance would have been futile); cf. Glover v. St. Louis-San Francisco Ry. Co., 393 U.S. 324, 89 S.Ct. 548, 21 L.Ed.2d 519 (1969) (exhaustion not required where employees complained to representatives of union and called upon union to process grievance on her behalf yet union representatives refused and treated plaintiff-employees with condescension); Woodward Iron Co. v. Ware, 261 F.2d 138 (5th Cir.1958) (two employees excused from exhaustion where one filed grievance which union voted not to pursue). Accordingly, with the exception of plaintiffs’ fraud claim, the court must dismiss each of plaintiffs’ claims against GM without prejudice for their failure to exhaust." }
1,140,585
a
In fact, as plaintiffs' affidavits make clear, none of the plaintiffs ever attempted to file a grievance or asked that a grievance be filed and pursued. Under these circumstances, the court cannot conclude that plaintiffs are excused from first exhausting their remedies under the collective bargaining agreement, i.e., from filing and pursuing grievances, as a prerequisite to seeking judicial relief.
{ "signal": "cf.", "identifier": null, "parenthetical": "two employees excused from exhaustion where one filed grievance which union voted not to pursue", "sentence": "See Janik v. Buhrke Tech Int'l, 1997 WL 285763, Slip op. at 5 (N.D.Ill. May 22, 1997) (fact that union representative stated. to employee that union could do nothing did not establish that any attempt by employee to file grievance would have been futile); cf. Glover v. St. Louis-San Francisco Ry. Co., 393 U.S. 324, 89 S.Ct. 548, 21 L.Ed.2d 519 (1969) (exhaustion not required where employees complained to representatives of union and called upon union to process grievance on her behalf yet union representatives refused and treated plaintiff-employees with condescension); Woodward Iron Co. v. Ware, 261 F.2d 138 (5th Cir.1958) (two employees excused from exhaustion where one filed grievance which union voted not to pursue). Accordingly, with the exception of plaintiffs’ fraud claim, the court must dismiss each of plaintiffs’ claims against GM without prejudice for their failure to exhaust." }
{ "signal": "see", "identifier": null, "parenthetical": "fact that union representative stated. to employee that union could do nothing did not establish that any attempt by employee to file grievance would have been futile", "sentence": "See Janik v. Buhrke Tech Int'l, 1997 WL 285763, Slip op. at 5 (N.D.Ill. May 22, 1997) (fact that union representative stated. to employee that union could do nothing did not establish that any attempt by employee to file grievance would have been futile); cf. Glover v. St. Louis-San Francisco Ry. Co., 393 U.S. 324, 89 S.Ct. 548, 21 L.Ed.2d 519 (1969) (exhaustion not required where employees complained to representatives of union and called upon union to process grievance on her behalf yet union representatives refused and treated plaintiff-employees with condescension); Woodward Iron Co. v. Ware, 261 F.2d 138 (5th Cir.1958) (two employees excused from exhaustion where one filed grievance which union voted not to pursue). Accordingly, with the exception of plaintiffs’ fraud claim, the court must dismiss each of plaintiffs’ claims against GM without prejudice for their failure to exhaust." }
1,140,585
b
Therefore, the Agreement remains as originally signed, unmodified. "As a matter of elementary contract law, [a party] cannot unilaterally modify the existing agreement."
{ "signal": "cf.", "identifier": "132 F.Supp.2d 989, 1001", "parenthetical": "\"If a party, knowing of an alteration that discharges his duty, .. manifests a willingness to remain subject to the original contract or to forgive the alteration, the original contract is revived\"", "sentence": "Popovich v. McDonald’s Corp., 189 F.Supp.2d 772, 779 (N.D.Ill.2002); see also Perez, 253 F.3d at 1284 n. 2 (refusing to consider employer’s unilateral offer to use less expensive private arbitration since such offer was rejected by employee, leaving agreement as originally signed); Flyer Printing Company, Inc. v. Hill, 805 So.2d 829, 833 (Fla.App. 2 Dist.2001) (refusing to remake parties’ contract when employee rejected employer’s offer to pay all costs of arbitration, contrary to agreement’s language); cf. Restatement (Second) of Contracts § 287(2) (“If a party, knowing of an alteration that discharges his duty, .. manifests a willingness to remain subject to the original contract or to forgive the alteration, the original contract is revived”). “Principles of justice and fair play ... lead to the conclusion that one party cannot alter post litem mo-tam terms of an agreement so that a case is dismissed.” In re Managed Care Litigation, 132 F.Supp.2d 989, 1001 (S.D.Fla.2000)." }
{ "signal": "see also", "identifier": null, "parenthetical": "refusing to consider employer's unilateral offer to use less expensive private arbitration since such offer was rejected by employee, leaving agreement as originally signed", "sentence": "Popovich v. McDonald’s Corp., 189 F.Supp.2d 772, 779 (N.D.Ill.2002); see also Perez, 253 F.3d at 1284 n. 2 (refusing to consider employer’s unilateral offer to use less expensive private arbitration since such offer was rejected by employee, leaving agreement as originally signed); Flyer Printing Company, Inc. v. Hill, 805 So.2d 829, 833 (Fla.App. 2 Dist.2001) (refusing to remake parties’ contract when employee rejected employer’s offer to pay all costs of arbitration, contrary to agreement’s language); cf. Restatement (Second) of Contracts § 287(2) (“If a party, knowing of an alteration that discharges his duty, .. manifests a willingness to remain subject to the original contract or to forgive the alteration, the original contract is revived”). “Principles of justice and fair play ... lead to the conclusion that one party cannot alter post litem mo-tam terms of an agreement so that a case is dismissed.” In re Managed Care Litigation, 132 F.Supp.2d 989, 1001 (S.D.Fla.2000)." }
9,369,892
b
Therefore, the Agreement remains as originally signed, unmodified. "As a matter of elementary contract law, [a party] cannot unilaterally modify the existing agreement."
{ "signal": "see also", "identifier": "805 So.2d 829, 833", "parenthetical": "refusing to remake parties' contract when employee rejected employer's offer to pay all costs of arbitration, contrary to agreement's language", "sentence": "Popovich v. McDonald’s Corp., 189 F.Supp.2d 772, 779 (N.D.Ill.2002); see also Perez, 253 F.3d at 1284 n. 2 (refusing to consider employer’s unilateral offer to use less expensive private arbitration since such offer was rejected by employee, leaving agreement as originally signed); Flyer Printing Company, Inc. v. Hill, 805 So.2d 829, 833 (Fla.App. 2 Dist.2001) (refusing to remake parties’ contract when employee rejected employer’s offer to pay all costs of arbitration, contrary to agreement’s language); cf. Restatement (Second) of Contracts § 287(2) (“If a party, knowing of an alteration that discharges his duty, .. manifests a willingness to remain subject to the original contract or to forgive the alteration, the original contract is revived”). “Principles of justice and fair play ... lead to the conclusion that one party cannot alter post litem mo-tam terms of an agreement so that a case is dismissed.” In re Managed Care Litigation, 132 F.Supp.2d 989, 1001 (S.D.Fla.2000)." }
{ "signal": "cf.", "identifier": "132 F.Supp.2d 989, 1001", "parenthetical": "\"If a party, knowing of an alteration that discharges his duty, .. manifests a willingness to remain subject to the original contract or to forgive the alteration, the original contract is revived\"", "sentence": "Popovich v. McDonald’s Corp., 189 F.Supp.2d 772, 779 (N.D.Ill.2002); see also Perez, 253 F.3d at 1284 n. 2 (refusing to consider employer’s unilateral offer to use less expensive private arbitration since such offer was rejected by employee, leaving agreement as originally signed); Flyer Printing Company, Inc. v. Hill, 805 So.2d 829, 833 (Fla.App. 2 Dist.2001) (refusing to remake parties’ contract when employee rejected employer’s offer to pay all costs of arbitration, contrary to agreement’s language); cf. Restatement (Second) of Contracts § 287(2) (“If a party, knowing of an alteration that discharges his duty, .. manifests a willingness to remain subject to the original contract or to forgive the alteration, the original contract is revived”). “Principles of justice and fair play ... lead to the conclusion that one party cannot alter post litem mo-tam terms of an agreement so that a case is dismissed.” In re Managed Care Litigation, 132 F.Supp.2d 989, 1001 (S.D.Fla.2000)." }
9,369,892
a
Further, while father may be inconvenienced financially by the order to pay the amount due for the child's past support, we are unable to conclude that an undue hardship or substantial injustice is created merely by enforcing his properly calculated obligation to support his child.
{ "signal": "see also", "identifier": null, "parenthetical": "financial inconvenience caused by a reinstatement of maintenance does not amount to prejudice", "sentence": "See In re Marriage of Nielsen, 794 P.2d 1097 (Colo.App.1990) (deviation from the guideline amount of support is not justified by hardship resulting solely from application of the guideline, absent other unusual or unique financial circumstances); see also In re Marriage of Cargill, 843 P.2d 1335 (Colo.1993) (financial inconvenience caused by a reinstatement of maintenance does not amount to prejudice)." }
{ "signal": "see", "identifier": null, "parenthetical": "deviation from the guideline amount of support is not justified by hardship resulting solely from application of the guideline, absent other unusual or unique financial circumstances", "sentence": "See In re Marriage of Nielsen, 794 P.2d 1097 (Colo.App.1990) (deviation from the guideline amount of support is not justified by hardship resulting solely from application of the guideline, absent other unusual or unique financial circumstances); see also In re Marriage of Cargill, 843 P.2d 1335 (Colo.1993) (financial inconvenience caused by a reinstatement of maintenance does not amount to prejudice)." }
10,349,142
b
Under the facts alleged in this case, Secretary Detzner is an appropriate defendant for a Section 5 enforcement action because his office adopted and is responsible for administrating the Database Matching Program.
{ "signal": "see also", "identifier": null, "parenthetical": "enforcement action brought against governor, attorney general, secretary of state, and board of elections", "sentence": "See Bone Shirt, 200 F.Supp.2d at 1156 (holding that “[ujnder the plain meaning of the Voting Rights Act, the State of South Dakota is an entity that must secure preclearance from the Attorney General or bring a declaratory judgment action” for review of a law passed by the state legislature that impacts voting in covered counties); see also Haith v. Martin, 618 F.Supp. 410 (D.N.C.1985) (enforcement action brought against governor, attorney general, secretary of state, and board of elections); Clayton v. North Carolina Bd. of Elections, 317 F.Supp. 915, 919 (E.D.N.C.1970) (enjoining, in covered counties, an unprecleared state law in a partially covered state in a case filed against state actors)." }
{ "signal": "see", "identifier": "200 F.Supp.2d 1156, 1156", "parenthetical": "holding that \"[ujnder the plain meaning of the Voting Rights Act, the State of South Dakota is an entity that must secure preclearance from the Attorney General or bring a declaratory judgment action\" for review of a law passed by the state legislature that impacts voting in covered counties", "sentence": "See Bone Shirt, 200 F.Supp.2d at 1156 (holding that “[ujnder the plain meaning of the Voting Rights Act, the State of South Dakota is an entity that must secure preclearance from the Attorney General or bring a declaratory judgment action” for review of a law passed by the state legislature that impacts voting in covered counties); see also Haith v. Martin, 618 F.Supp. 410 (D.N.C.1985) (enforcement action brought against governor, attorney general, secretary of state, and board of elections); Clayton v. North Carolina Bd. of Elections, 317 F.Supp. 915, 919 (E.D.N.C.1970) (enjoining, in covered counties, an unprecleared state law in a partially covered state in a case filed against state actors)." }
4,275,713
b
Under the facts alleged in this case, Secretary Detzner is an appropriate defendant for a Section 5 enforcement action because his office adopted and is responsible for administrating the Database Matching Program.
{ "signal": "see", "identifier": "200 F.Supp.2d 1156, 1156", "parenthetical": "holding that \"[ujnder the plain meaning of the Voting Rights Act, the State of South Dakota is an entity that must secure preclearance from the Attorney General or bring a declaratory judgment action\" for review of a law passed by the state legislature that impacts voting in covered counties", "sentence": "See Bone Shirt, 200 F.Supp.2d at 1156 (holding that “[ujnder the plain meaning of the Voting Rights Act, the State of South Dakota is an entity that must secure preclearance from the Attorney General or bring a declaratory judgment action” for review of a law passed by the state legislature that impacts voting in covered counties); see also Haith v. Martin, 618 F.Supp. 410 (D.N.C.1985) (enforcement action brought against governor, attorney general, secretary of state, and board of elections); Clayton v. North Carolina Bd. of Elections, 317 F.Supp. 915, 919 (E.D.N.C.1970) (enjoining, in covered counties, an unprecleared state law in a partially covered state in a case filed against state actors)." }
{ "signal": "see also", "identifier": "317 F.Supp. 915, 919", "parenthetical": "enjoining, in covered counties, an unprecleared state law in a partially covered state in a case filed against state actors", "sentence": "See Bone Shirt, 200 F.Supp.2d at 1156 (holding that “[ujnder the plain meaning of the Voting Rights Act, the State of South Dakota is an entity that must secure preclearance from the Attorney General or bring a declaratory judgment action” for review of a law passed by the state legislature that impacts voting in covered counties); see also Haith v. Martin, 618 F.Supp. 410 (D.N.C.1985) (enforcement action brought against governor, attorney general, secretary of state, and board of elections); Clayton v. North Carolina Bd. of Elections, 317 F.Supp. 915, 919 (E.D.N.C.1970) (enjoining, in covered counties, an unprecleared state law in a partially covered state in a case filed against state actors)." }
4,275,713
a
With the increased prominence of jet airplanes, noise and vibrations have replaced physical encumbrance as the primary complaint of claimants seeking compensation.
{ "signal": "see also", "identifier": null, "parenthetical": "noting that prior to the introduction of jet airplanes, propeller-driven airplanes operating at the same altitudes were not such a nuisance", "sentence": "See Branning, 654 F.2d at 101 (noting that “[t]he real source of interference with plaintiffs’ use of their property in Lacey was not the altitude of the flights, but the noise”); see also Highland Park, Inc. v. United States, 142 Ct.Cl. 269, 161 F.Supp. 597, 600 (1958) (noting that prior to the introduction of jet airplanes, propeller-driven airplanes operating at the same altitudes were not such a nuisance). With sufficiently egregious factual showings, our predecessor court ordered compensation for the effects produced by jet aircraft, despite the claimant’s inability to allege any flights under 500 feet." }
{ "signal": "see", "identifier": "654 F.2d 101, 101", "parenthetical": "noting that \"[t]he real source of interference with plaintiffs' use of their property in Lacey was not the altitude of the flights, but the noise\"", "sentence": "See Branning, 654 F.2d at 101 (noting that “[t]he real source of interference with plaintiffs’ use of their property in Lacey was not the altitude of the flights, but the noise”); see also Highland Park, Inc. v. United States, 142 Ct.Cl. 269, 161 F.Supp. 597, 600 (1958) (noting that prior to the introduction of jet airplanes, propeller-driven airplanes operating at the same altitudes were not such a nuisance). With sufficiently egregious factual showings, our predecessor court ordered compensation for the effects produced by jet aircraft, despite the claimant’s inability to allege any flights under 500 feet." }
969,450
b
With the increased prominence of jet airplanes, noise and vibrations have replaced physical encumbrance as the primary complaint of claimants seeking compensation.
{ "signal": "see also", "identifier": "161 F.Supp. 597, 600", "parenthetical": "noting that prior to the introduction of jet airplanes, propeller-driven airplanes operating at the same altitudes were not such a nuisance", "sentence": "See Branning, 654 F.2d at 101 (noting that “[t]he real source of interference with plaintiffs’ use of their property in Lacey was not the altitude of the flights, but the noise”); see also Highland Park, Inc. v. United States, 142 Ct.Cl. 269, 161 F.Supp. 597, 600 (1958) (noting that prior to the introduction of jet airplanes, propeller-driven airplanes operating at the same altitudes were not such a nuisance). With sufficiently egregious factual showings, our predecessor court ordered compensation for the effects produced by jet aircraft, despite the claimant’s inability to allege any flights under 500 feet." }
{ "signal": "see", "identifier": "654 F.2d 101, 101", "parenthetical": "noting that \"[t]he real source of interference with plaintiffs' use of their property in Lacey was not the altitude of the flights, but the noise\"", "sentence": "See Branning, 654 F.2d at 101 (noting that “[t]he real source of interference with plaintiffs’ use of their property in Lacey was not the altitude of the flights, but the noise”); see also Highland Park, Inc. v. United States, 142 Ct.Cl. 269, 161 F.Supp. 597, 600 (1958) (noting that prior to the introduction of jet airplanes, propeller-driven airplanes operating at the same altitudes were not such a nuisance). With sufficiently egregious factual showings, our predecessor court ordered compensation for the effects produced by jet aircraft, despite the claimant’s inability to allege any flights under 500 feet." }
969,450
b
Our second major point of disagreement with the district court is its holding that the various statutes under which this action is brought require a showing that the Patels' actions, in conjunction with McLean's, succeeded in ac tually establishing a going business of supplying third parties with sexual opportunities.
{ "signal": "no signal", "identifier": "752 F.3d 1271, 1286", "parenthetical": "\"It is enough [for SS 1591 liability] that [the defendant] 'recruited' the victims ... to engage in commercial sex acts even though they did not actually do so.\"", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
{ "signal": "see also", "identifier": "630 Fed.Appx. 169, 170-71", "parenthetical": "adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate SS 1591 conviction", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
12,277,114
a
Our second major point of disagreement with the district court is its holding that the various statutes under which this action is brought require a showing that the Patels' actions, in conjunction with McLean's, succeeded in ac tually establishing a going business of supplying third parties with sexual opportunities.
{ "signal": "no signal", "identifier": "752 F.3d 1271, 1286", "parenthetical": "\"It is enough [for SS 1591 liability] that [the defendant] 'recruited' the victims ... to engage in commercial sex acts even though they did not actually do so.\"", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
{ "signal": "see also", "identifier": "627 F.3d 334, 334", "parenthetical": "adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate SS 1591 conviction", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
12,277,114
a
Our second major point of disagreement with the district court is its holding that the various statutes under which this action is brought require a showing that the Patels' actions, in conjunction with McLean's, succeeded in ac tually establishing a going business of supplying third parties with sexual opportunities.
{ "signal": "see also", "identifier": "630 Fed.Appx. 169, 170-71", "parenthetical": "adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate SS 1591 conviction", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
{ "signal": "no signal", "identifier": "702 F.3d 1066, 1073", "parenthetical": "\"In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of SS 1591.\"", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
12,277,114
b
Our second major point of disagreement with the district court is its holding that the various statutes under which this action is brought require a showing that the Patels' actions, in conjunction with McLean's, succeeded in ac tually establishing a going business of supplying third parties with sexual opportunities.
{ "signal": "no signal", "identifier": "702 F.3d 1066, 1073", "parenthetical": "\"In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of SS 1591.\"", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
{ "signal": "see also", "identifier": "627 F.3d 334, 334", "parenthetical": "adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate SS 1591 conviction", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
12,277,114
a
Our second major point of disagreement with the district court is its holding that the various statutes under which this action is brought require a showing that the Patels' actions, in conjunction with McLean's, succeeded in ac tually establishing a going business of supplying third parties with sexual opportunities.
{ "signal": "no signal", "identifier": "627 F.3d 329, 334", "parenthetical": "\"The knowledge required of the defendant [for SS 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.\"", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
{ "signal": "see also", "identifier": "630 Fed.Appx. 169, 170-71", "parenthetical": "adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate SS 1591 conviction", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
12,277,114
a
Our second major point of disagreement with the district court is its holding that the various statutes under which this action is brought require a showing that the Patels' actions, in conjunction with McLean's, succeeded in ac tually establishing a going business of supplying third parties with sexual opportunities.
{ "signal": "see also", "identifier": "627 F.3d 334, 334", "parenthetical": "adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate SS 1591 conviction", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
{ "signal": "no signal", "identifier": "627 F.3d 329, 334", "parenthetical": "\"The knowledge required of the defendant [for SS 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.\"", "sentence": "Although § 1589 requires that labor or services be provided or obtained, the other provisions noted here do not. See § 1590(a) (prohibiting the “knowing[ ] ... harborpng] ... [of] any person for labor or services,” which is most obviously read as requiring only intent to produce the result described); § 1594(a), (b), and (c) (prohibiting attempt and conspiracy to violate §§ 1589, 1590, or 1591); United States v. Mozie, 752 F.3d 1271, 1286 (11th Cir. 2014) (“It is enough [for § 1591 liability] that [the defendant] ‘recruited’ the victims ... to engage in commercial sex acts even though they did not actually do so.”); United States v. Jungers, 702 F.3d 1066, 1073 (8th Cir. 2013) (“In many, if not all cases, the commercial sex act is still in the future at the time the purchaser ... [is] in violation of § 1591.”); United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (“The knowledge required of the defendant [for § 1591 liability] is such that if things go as he has planned, force, fraud or coercion will be employed to cause his victim to engage in a commercial sex transaction.”); see also United States v. Roy, 630 Fed.Appx. 169, 170-71 (4th Cir. 2015) (adopting the approach in Todd, 627 F.3d at 334, while reviewing a conspiracy to violate § 1591 conviction)." }
12,277,114
b
The district court determined that Grigsby failed to state a First Amendment claim because he only alleged isolated instances of delay and possible interference with his mail. However, at this early stage of the proceedings, Grigsby's allegations, liberally construed, present a First Amendment claim based on defendants' alleged failure to send a letter and delay in delivering a priority mail package.
{ "signal": "see", "identifier": "52 F.3d 264, 265", "parenthetical": "stating that prisoners have \"a First Amendment right to send and receive mail\"", "sentence": "See Witherow v. Paff 52 F.3d 264, 265 (9th Cir.1995) (per curiam) (stating that prisoners have “a First Amendment right to send and receive mail”); cf. Crofton v. Roe, 170 F.3d 957, 961 (9th Cir.1999) (concluding that temporary delay in delivery of mail did not violate First Amendment where prison officials had come forward with a legitimate penological reason for the delay); see also Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir.2000) (en banc) (regarding leave to amend). In addition, we instruct the district court on remand to address Grigsby’s claim based on the alleged confiscation of stamps." }
{ "signal": "cf.", "identifier": "170 F.3d 957, 961", "parenthetical": "concluding that temporary delay in delivery of mail did not violate First Amendment where prison officials had come forward with a legitimate penological reason for the delay", "sentence": "See Witherow v. Paff 52 F.3d 264, 265 (9th Cir.1995) (per curiam) (stating that prisoners have “a First Amendment right to send and receive mail”); cf. Crofton v. Roe, 170 F.3d 957, 961 (9th Cir.1999) (concluding that temporary delay in delivery of mail did not violate First Amendment where prison officials had come forward with a legitimate penological reason for the delay); see also Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir.2000) (en banc) (regarding leave to amend). In addition, we instruct the district court on remand to address Grigsby’s claim based on the alleged confiscation of stamps." }
4,121,916
a
We also note that Mr. Floore is service connected for diabetes with a 20% disability rating, yet, other than mentioning that his peripheral neuropathy is diabetes related, the Board did not discuss the effects of diabetes, if any, occupational or otherwise. Neither party included a medical examination report addressing diabetes in the ROP and it may be that there are no occupational effects from diabetes, but an assessment of TDIU entitlement based on the combined effects of all service-connected disabilities should address all such disabilities to facilitate judicial review of that assessment.
{ "signal": "see", "identifier": "7 Vet.App. 517, 527", "parenthetical": "Board's statement \"must be adequate to enable a claimant to understand the precise basis for the Board's decision, as well as to facilitate review in this Court\"", "sentence": "See Allday v. Brown, 7 Vet.App. 517, 527 (1995) (Board’s statement “must be adequate to enable a claimant to understand the precise basis for the Board’s decision, as well as to facilitate review in this Court”); see also Hatlestad v. Brown, 5 Vet.App. 524, 529 (1993) (“[T]he central inquiry in determining whether a veteran is entitled to TDIU is whether that veteran’s service-connected disabilities alone are of sufficient severity to produce unemployability.”)." }
{ "signal": "see also", "identifier": "5 Vet.App. 524, 529", "parenthetical": "\"[T]he central inquiry in determining whether a veteran is entitled to TDIU is whether that veteran's service-connected disabilities alone are of sufficient severity to produce unemployability.\"", "sentence": "See Allday v. Brown, 7 Vet.App. 517, 527 (1995) (Board’s statement “must be adequate to enable a claimant to understand the precise basis for the Board’s decision, as well as to facilitate review in this Court”); see also Hatlestad v. Brown, 5 Vet.App. 524, 529 (1993) (“[T]he central inquiry in determining whether a veteran is entitled to TDIU is whether that veteran’s service-connected disabilities alone are of sufficient severity to produce unemployability.”)." }
4,075,300
a
Regarding the second prong, IEP disputes are reasonably likely to recur between the same parties--the school district and the parent(s)--because a new IEP evaluation occurs at least annually.
{ "signal": "see also", "identifier": "247 F.3d 29, 31", "parenthetical": "stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
{ "signal": "see", "identifier": null, "parenthetical": "noting that \"deficiencies in the IEP were capable of repetition as to the parties before it yet evading review\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
12,176,434
b
Regarding the second prong, IEP disputes are reasonably likely to recur between the same parties--the school district and the parent(s)--because a new IEP evaluation occurs at least annually.
{ "signal": "see also", "identifier": "14 F.3d 1398, 1403", "parenthetical": "concluding that parents' and school district's opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
{ "signal": "see", "identifier": null, "parenthetical": "noting that \"deficiencies in the IEP were capable of repetition as to the parties before it yet evading review\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
12,176,434
b
Regarding the second prong, IEP disputes are reasonably likely to recur between the same parties--the school district and the parent(s)--because a new IEP evaluation occurs at least annually.
{ "signal": "see also", "identifier": "874 F.2d 1041, 1041", "parenthetical": "\"Given the parties' irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
{ "signal": "see", "identifier": null, "parenthetical": "noting that \"deficiencies in the IEP were capable of repetition as to the parties before it yet evading review\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
12,176,434
b
Regarding the second prong, IEP disputes are reasonably likely to recur between the same parties--the school district and the parent(s)--because a new IEP evaluation occurs at least annually.
{ "signal": "see", "identifier": null, "parenthetical": "noting that \"deficiencies in the IEP were capable of repetition as to the parties before it yet evading review\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
{ "signal": "see also", "identifier": "247 F.3d 29, 31", "parenthetical": "stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
12,176,434
a
Regarding the second prong, IEP disputes are reasonably likely to recur between the same parties--the school district and the parent(s)--because a new IEP evaluation occurs at least annually.
{ "signal": "see", "identifier": null, "parenthetical": "noting that \"deficiencies in the IEP were capable of repetition as to the parties before it yet evading review\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
{ "signal": "see also", "identifier": "14 F.3d 1398, 1403", "parenthetical": "concluding that parents' and school district's opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
12,176,434
a
Regarding the second prong, IEP disputes are reasonably likely to recur between the same parties--the school district and the parent(s)--because a new IEP evaluation occurs at least annually.
{ "signal": "see", "identifier": null, "parenthetical": "noting that \"deficiencies in the IEP were capable of repetition as to the parties before it yet evading review\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
{ "signal": "see also", "identifier": "874 F.2d 1041, 1041", "parenthetical": "\"Given the parties' irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
12,176,434
a
Regarding the second prong, IEP disputes are reasonably likely to recur between the same parties--the school district and the parent(s)--because a new IEP evaluation occurs at least annually.
{ "signal": "see also", "identifier": "247 F.3d 29, 31", "parenthetical": "stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
{ "signal": "see", "identifier": null, "parenthetical": "noting that \"deficiencies in the IEP were capable of repetition as to the parties before it yet evading review\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
12,176,434
b
Regarding the second prong, IEP disputes are reasonably likely to recur between the same parties--the school district and the parent(s)--because a new IEP evaluation occurs at least annually.
{ "signal": "see", "identifier": null, "parenthetical": "noting that \"deficiencies in the IEP were capable of repetition as to the parties before it yet evading review\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
{ "signal": "see also", "identifier": "14 F.3d 1398, 1403", "parenthetical": "concluding that parents' and school district's opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
12,176,434
a
Regarding the second prong, IEP disputes are reasonably likely to recur between the same parties--the school district and the parent(s)--because a new IEP evaluation occurs at least annually.
{ "signal": "see also", "identifier": "874 F.2d 1041, 1041", "parenthetical": "\"Given the parties' irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
{ "signal": "see", "identifier": null, "parenthetical": "noting that \"deficiencies in the IEP were capable of repetition as to the parties before it yet evading review\"", "sentence": "See Bd. of Educ. v. Rowley, 458 U.S. 176, 186 n. 9, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (noting that “deficiencies in the IEP were capable of repetition as to the parties before it yet evading review”); see also Rome Sch. Comm. v. Mrs. B., 247 F.3d 29, 31 (1st Cir.2001) (stating dispute over the sendees due to a disabled child pursuant to IDEA is a controversy likely to recur as the school district proposes new IEPs); Sacramento City Unified Sch. Dist., Bd. of Educ. v. Rachel H., 14 F.3d 1398, 1403 (9th Cir.1994) (concluding that parents’ and school district’s opposing views regarding proper educational placement of disabled child is a continuing conflict that will arise frequently); Daniel R.R., 874 F.2d at 1041 (“Given the parties’ irreconcilable views on the issue, [the educational placement] will be an issue every time [the school district] prepares a new placement or IEP -”)." }
12,176,434
b
Cordua argues that even if "churrascos" is generic as to "churrasco restaurants" (also known as "churrascari-as"), it is not generic as to all restaurant services. But a term is generic if the relevant public understands the term to refer to part of the claimed genus of goods or services, even if the public does not understand the term to refer to the broad genus as a whole. Thus, the term "pizzeria" would be generic for restaurant services, even though the public understands the term to refer to a particular sub-group or type of restaurant rather than to all restaurants.
{ "signal": "see", "identifier": "777 F.2d 1561, 1561", "parenthetical": "affirming the TTAB's determination that BUNDT is generic \"for a type of ring cake\"", "sentence": "See, e.g., Northland Aluminum, 777 F.2d at 1561 (affirming the TTAB’s determination that BUNDT is generic “for a type of ring cake”); In re Analog Devices, Inc., 6 U.S.P.Q.2d 1808, 1810, 1988 WL 252496, at *3 (TTAB 1988) (“There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.”), aff'd, 871 F.2d 1097 (Fed.Cir.1989) (unpublished); see also Otokoyama Co., Ltd. v. Wine of Japan Imp., Inc., 175 F.3d 266, 271 (2d Cir.1999) (“Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.”)." }
{ "signal": "see also", "identifier": "175 F.3d 266, 271", "parenthetical": "\"Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.\"", "sentence": "See, e.g., Northland Aluminum, 777 F.2d at 1561 (affirming the TTAB’s determination that BUNDT is generic “for a type of ring cake”); In re Analog Devices, Inc., 6 U.S.P.Q.2d 1808, 1810, 1988 WL 252496, at *3 (TTAB 1988) (“There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.”), aff'd, 871 F.2d 1097 (Fed.Cir.1989) (unpublished); see also Otokoyama Co., Ltd. v. Wine of Japan Imp., Inc., 175 F.3d 266, 271 (2d Cir.1999) (“Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.”)." }
5,916,611
a
Cordua argues that even if "churrascos" is generic as to "churrasco restaurants" (also known as "churrascari-as"), it is not generic as to all restaurant services. But a term is generic if the relevant public understands the term to refer to part of the claimed genus of goods or services, even if the public does not understand the term to refer to the broad genus as a whole. Thus, the term "pizzeria" would be generic for restaurant services, even though the public understands the term to refer to a particular sub-group or type of restaurant rather than to all restaurants.
{ "signal": "see", "identifier": "6 U.S.P.Q.2d 1808, 1810", "parenthetical": "\"There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.\"", "sentence": "See, e.g., Northland Aluminum, 777 F.2d at 1561 (affirming the TTAB’s determination that BUNDT is generic “for a type of ring cake”); In re Analog Devices, Inc., 6 U.S.P.Q.2d 1808, 1810, 1988 WL 252496, at *3 (TTAB 1988) (“There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.”), aff'd, 871 F.2d 1097 (Fed.Cir.1989) (unpublished); see also Otokoyama Co., Ltd. v. Wine of Japan Imp., Inc., 175 F.3d 266, 271 (2d Cir.1999) (“Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.”)." }
{ "signal": "see also", "identifier": "175 F.3d 266, 271", "parenthetical": "\"Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.\"", "sentence": "See, e.g., Northland Aluminum, 777 F.2d at 1561 (affirming the TTAB’s determination that BUNDT is generic “for a type of ring cake”); In re Analog Devices, Inc., 6 U.S.P.Q.2d 1808, 1810, 1988 WL 252496, at *3 (TTAB 1988) (“There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.”), aff'd, 871 F.2d 1097 (Fed.Cir.1989) (unpublished); see also Otokoyama Co., Ltd. v. Wine of Japan Imp., Inc., 175 F.3d 266, 271 (2d Cir.1999) (“Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.”)." }
5,916,611
a
Cordua argues that even if "churrascos" is generic as to "churrasco restaurants" (also known as "churrascari-as"), it is not generic as to all restaurant services. But a term is generic if the relevant public understands the term to refer to part of the claimed genus of goods or services, even if the public does not understand the term to refer to the broad genus as a whole. Thus, the term "pizzeria" would be generic for restaurant services, even though the public understands the term to refer to a particular sub-group or type of restaurant rather than to all restaurants.
{ "signal": "see", "identifier": "1988 WL 252496, at *3", "parenthetical": "\"There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.\"", "sentence": "See, e.g., Northland Aluminum, 777 F.2d at 1561 (affirming the TTAB’s determination that BUNDT is generic “for a type of ring cake”); In re Analog Devices, Inc., 6 U.S.P.Q.2d 1808, 1810, 1988 WL 252496, at *3 (TTAB 1988) (“There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.”), aff'd, 871 F.2d 1097 (Fed.Cir.1989) (unpublished); see also Otokoyama Co., Ltd. v. Wine of Japan Imp., Inc., 175 F.3d 266, 271 (2d Cir.1999) (“Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.”)." }
{ "signal": "see also", "identifier": "175 F.3d 266, 271", "parenthetical": "\"Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.\"", "sentence": "See, e.g., Northland Aluminum, 777 F.2d at 1561 (affirming the TTAB’s determination that BUNDT is generic “for a type of ring cake”); In re Analog Devices, Inc., 6 U.S.P.Q.2d 1808, 1810, 1988 WL 252496, at *3 (TTAB 1988) (“There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.”), aff'd, 871 F.2d 1097 (Fed.Cir.1989) (unpublished); see also Otokoyama Co., Ltd. v. Wine of Japan Imp., Inc., 175 F.3d 266, 271 (2d Cir.1999) (“Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.”)." }
5,916,611
a
Cordua argues that even if "churrascos" is generic as to "churrasco restaurants" (also known as "churrascari-as"), it is not generic as to all restaurant services. But a term is generic if the relevant public understands the term to refer to part of the claimed genus of goods or services, even if the public does not understand the term to refer to the broad genus as a whole. Thus, the term "pizzeria" would be generic for restaurant services, even though the public understands the term to refer to a particular sub-group or type of restaurant rather than to all restaurants.
{ "signal": "see also", "identifier": "175 F.3d 266, 271", "parenthetical": "\"Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.\"", "sentence": "See, e.g., Northland Aluminum, 777 F.2d at 1561 (affirming the TTAB’s determination that BUNDT is generic “for a type of ring cake”); In re Analog Devices, Inc., 6 U.S.P.Q.2d 1808, 1810, 1988 WL 252496, at *3 (TTAB 1988) (“There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.”), aff'd, 871 F.2d 1097 (Fed.Cir.1989) (unpublished); see also Otokoyama Co., Ltd. v. Wine of Japan Imp., Inc., 175 F.3d 266, 271 (2d Cir.1999) (“Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.”)." }
{ "signal": "see", "identifier": null, "parenthetical": "\"There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.\"", "sentence": "See, e.g., Northland Aluminum, 777 F.2d at 1561 (affirming the TTAB’s determination that BUNDT is generic “for a type of ring cake”); In re Analog Devices, Inc., 6 U.S.P.Q.2d 1808, 1810, 1988 WL 252496, at *3 (TTAB 1988) (“There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.”), aff'd, 871 F.2d 1097 (Fed.Cir.1989) (unpublished); see also Otokoyama Co., Ltd. v. Wine of Japan Imp., Inc., 175 F.3d 266, 271 (2d Cir.1999) (“Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.”)." }
5,916,611
b
From all of the above, I conclude that Crawford's statements to law enforcement officials were not preceded by any illegal search or personal seizure or by a violation of Miranda. I conclude also that the conduct of the officers was, as required by Latta, demonstrably reasonable under the "totality of the circumstances."
{ "signal": "no signal", "identifier": "521 F.2d 250, 250", "parenthetical": "A parolee and his home are subject to search by the parole officer when the officer reasonably believes that such search is necessary in the performance of his duties", "sentence": "Knights, 534 U.S. at 118, 122 S.Ct. 587; Latta, 521 F.2d at 250(A parolee and his home are subject to search by the parole officer when the officer reasonably believes that such search is necessary in the performance of his duties); see 8289 also Rise v. Oregon, 59 F.3d 1556 (9th Cir.1995) (Oregon statute requiring felons convicted of murder or specific sexual offenses to submit blood sample for DNA bank is reasonable and therefore does not violate the Fourth Amendment); Russell v. Gregoire, 124 F.3d 1079 (9th Cir.1997) (convicted sex offenders have no right of privacy preventing the state from requiring them to register as such and be subject to community notification of their residences)." }
{ "signal": "see", "identifier": null, "parenthetical": "Oregon statute requiring felons convicted of murder or specific sexual offenses to submit blood sample for DNA bank is reasonable and therefore does not violate the Fourth Amendment", "sentence": "Knights, 534 U.S. at 118, 122 S.Ct. 587; Latta, 521 F.2d at 250(A parolee and his home are subject to search by the parole officer when the officer reasonably believes that such search is necessary in the performance of his duties); see 8289 also Rise v. Oregon, 59 F.3d 1556 (9th Cir.1995) (Oregon statute requiring felons convicted of murder or specific sexual offenses to submit blood sample for DNA bank is reasonable and therefore does not violate the Fourth Amendment); Russell v. Gregoire, 124 F.3d 1079 (9th Cir.1997) (convicted sex offenders have no right of privacy preventing the state from requiring them to register as such and be subject to community notification of their residences)." }
9,237,598
a
From all of the above, I conclude that Crawford's statements to law enforcement officials were not preceded by any illegal search or personal seizure or by a violation of Miranda. I conclude also that the conduct of the officers was, as required by Latta, demonstrably reasonable under the "totality of the circumstances."
{ "signal": "see", "identifier": null, "parenthetical": "convicted sex offenders have no right of privacy preventing the state from requiring them to register as such and be subject to community notification of their residences", "sentence": "Knights, 534 U.S. at 118, 122 S.Ct. 587; Latta, 521 F.2d at 250(A parolee and his home are subject to search by the parole officer when the officer reasonably believes that such search is necessary in the performance of his duties); see 8289 also Rise v. Oregon, 59 F.3d 1556 (9th Cir.1995) (Oregon statute requiring felons convicted of murder or specific sexual offenses to submit blood sample for DNA bank is reasonable and therefore does not violate the Fourth Amendment); Russell v. Gregoire, 124 F.3d 1079 (9th Cir.1997) (convicted sex offenders have no right of privacy preventing the state from requiring them to register as such and be subject to community notification of their residences)." }
{ "signal": "no signal", "identifier": "521 F.2d 250, 250", "parenthetical": "A parolee and his home are subject to search by the parole officer when the officer reasonably believes that such search is necessary in the performance of his duties", "sentence": "Knights, 534 U.S. at 118, 122 S.Ct. 587; Latta, 521 F.2d at 250(A parolee and his home are subject to search by the parole officer when the officer reasonably believes that such search is necessary in the performance of his duties); see 8289 also Rise v. Oregon, 59 F.3d 1556 (9th Cir.1995) (Oregon statute requiring felons convicted of murder or specific sexual offenses to submit blood sample for DNA bank is reasonable and therefore does not violate the Fourth Amendment); Russell v. Gregoire, 124 F.3d 1079 (9th Cir.1997) (convicted sex offenders have no right of privacy preventing the state from requiring them to register as such and be subject to community notification of their residences)." }
9,237,598
b
More significantly, the immigration statute is phrased so as to bar review of the agency's determination of SAW status in an individual action -- an event comparable to EPA's selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency's execution of the statute (as in McNary). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here.
{ "signal": "see also", "identifier": "415 U.S. 361, 367", "parenthetical": "holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
{ "signal": "cf.", "identifier": "422 U.S. 749, 762", "parenthetical": "holding that more expansive language barred all challenges related to statute", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
10,529,298
a
More significantly, the immigration statute is phrased so as to bar review of the agency's determination of SAW status in an individual action -- an event comparable to EPA's selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency's execution of the statute (as in McNary). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here.
{ "signal": "see also", "identifier": "415 U.S. 361, 367", "parenthetical": "holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
{ "signal": "cf.", "identifier": "95 S.Ct. 2457, 2465", "parenthetical": "holding that more expansive language barred all challenges related to statute", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
10,529,298
a
More significantly, the immigration statute is phrased so as to bar review of the agency's determination of SAW status in an individual action -- an event comparable to EPA's selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency's execution of the statute (as in McNary). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here.
{ "signal": "see also", "identifier": "415 U.S. 361, 367", "parenthetical": "holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
{ "signal": "cf.", "identifier": null, "parenthetical": "holding that more expansive language barred all challenges related to statute", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
10,529,298
a
More significantly, the immigration statute is phrased so as to bar review of the agency's determination of SAW status in an individual action -- an event comparable to EPA's selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency's execution of the statute (as in McNary). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here.
{ "signal": "cf.", "identifier": "422 U.S. 749, 762", "parenthetical": "holding that more expansive language barred all challenges related to statute", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
{ "signal": "see also", "identifier": "94 S.Ct. 1160, 1165-66", "parenthetical": "holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
10,529,298
b
More significantly, the immigration statute is phrased so as to bar review of the agency's determination of SAW status in an individual action -- an event comparable to EPA's selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency's execution of the statute (as in McNary). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here.
{ "signal": "see also", "identifier": "94 S.Ct. 1160, 1165-66", "parenthetical": "holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
{ "signal": "cf.", "identifier": "95 S.Ct. 2457, 2465", "parenthetical": "holding that more expansive language barred all challenges related to statute", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
10,529,298
a
More significantly, the immigration statute is phrased so as to bar review of the agency's determination of SAW status in an individual action -- an event comparable to EPA's selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency's execution of the statute (as in McNary). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here.
{ "signal": "see also", "identifier": "94 S.Ct. 1160, 1165-66", "parenthetical": "holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
{ "signal": "cf.", "identifier": null, "parenthetical": "holding that more expansive language barred all challenges related to statute", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
10,529,298
a
More significantly, the immigration statute is phrased so as to bar review of the agency's determination of SAW status in an individual action -- an event comparable to EPA's selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency's execution of the statute (as in McNary). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here.
{ "signal": "see also", "identifier": null, "parenthetical": "holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
{ "signal": "cf.", "identifier": "422 U.S. 749, 762", "parenthetical": "holding that more expansive language barred all challenges related to statute", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
10,529,298
a
More significantly, the immigration statute is phrased so as to bar review of the agency's determination of SAW status in an individual action -- an event comparable to EPA's selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency's execution of the statute (as in McNary). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here.
{ "signal": "see also", "identifier": null, "parenthetical": "holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
{ "signal": "cf.", "identifier": "95 S.Ct. 2457, 2465", "parenthetical": "holding that more expansive language barred all challenges related to statute", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
10,529,298
a
More significantly, the immigration statute is phrased so as to bar review of the agency's determination of SAW status in an individual action -- an event comparable to EPA's selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency's execution of the statute (as in McNary). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here.
{ "signal": "see also", "identifier": null, "parenthetical": "holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
{ "signal": "cf.", "identifier": null, "parenthetical": "holding that more expansive language barred all challenges related to statute", "sentence": "See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute)." }
10,529,298
a
Defendants point to no charge proffered by them on economic purpose. In any event, Defendants' contention ignores well-established precedent holding that lack of economic motive does not constitute a defense to Hobbs Act crimes.
{ "signal": "see also", "identifier": null, "parenthetical": "upholding Hobbs Act conviction of antiabortion activists for threatening doctor to induce him to cease performing abortions", "sentence": "See United States v. Starks, 515 F.2d 112, 124 (3d Cir.1975) (“there is no exception to the Hobbs Act” permitting extortion “for a religious purpose”); see also United States v. Anderson, 716 F.2d 446 (7th Cir.1983) (upholding Hobbs Act conviction of antiabortion activists for threatening doctor to induce him to cease performing abortions)." }
{ "signal": "see", "identifier": "515 F.2d 112, 124", "parenthetical": "\"there is no exception to the Hobbs Act\" permitting extortion \"for a religious purpose\"", "sentence": "See United States v. Starks, 515 F.2d 112, 124 (3d Cir.1975) (“there is no exception to the Hobbs Act” permitting extortion “for a religious purpose”); see also United States v. Anderson, 716 F.2d 446 (7th Cir.1983) (upholding Hobbs Act conviction of antiabortion activists for threatening doctor to induce him to cease performing abortions)." }
10,536,169
b
Plaintiff has satisfied the first prong because she has alleged that Defendant Romero used excessive force against Saenz. As a pretrial detainee, Saenz had a Fourteenth Amendment Due Process right to be free from excessive force, and this right has been clearly established.
{ "signal": "no signal", "identifier": null, "parenthetical": "\"It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.\"", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
{ "signal": "see also", "identifier": "135 S.Ct. 2466, 2471-72", "parenthetical": "recognizing pretrial detainee's Constitutional right to be from excessive force", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
12,270,684
a
Plaintiff has satisfied the first prong because she has alleged that Defendant Romero used excessive force against Saenz. As a pretrial detainee, Saenz had a Fourteenth Amendment Due Process right to be free from excessive force, and this right has been clearly established.
{ "signal": "see also", "identifier": null, "parenthetical": "recognizing pretrial detainee's Constitutional right to be from excessive force", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "\"It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.\"", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
12,270,684
b
Plaintiff has satisfied the first prong because she has alleged that Defendant Romero used excessive force against Saenz. As a pretrial detainee, Saenz had a Fourteenth Amendment Due Process right to be free from excessive force, and this right has been clearly established.
{ "signal": "no signal", "identifier": null, "parenthetical": "\"It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.\"", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
{ "signal": "see also", "identifier": "135 S.Ct. 2466, 2471-72", "parenthetical": "recognizing pretrial detainee's Constitutional right to be from excessive force", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
12,270,684
a
Plaintiff has satisfied the first prong because she has alleged that Defendant Romero used excessive force against Saenz. As a pretrial detainee, Saenz had a Fourteenth Amendment Due Process right to be free from excessive force, and this right has been clearly established.
{ "signal": "no signal", "identifier": null, "parenthetical": "\"It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.\"", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
{ "signal": "see also", "identifier": null, "parenthetical": "recognizing pretrial detainee's Constitutional right to be from excessive force", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
12,270,684
a
Plaintiff has satisfied the first prong because she has alleged that Defendant Romero used excessive force against Saenz. As a pretrial detainee, Saenz had a Fourteenth Amendment Due Process right to be free from excessive force, and this right has been clearly established.
{ "signal": "no signal", "identifier": null, "parenthetical": "\"It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.\"", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
{ "signal": "see also", "identifier": "135 S.Ct. 2466, 2471-72", "parenthetical": "recognizing pretrial detainee's Constitutional right to be from excessive force", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
12,270,684
a
Plaintiff has satisfied the first prong because she has alleged that Defendant Romero used excessive force against Saenz. As a pretrial detainee, Saenz had a Fourteenth Amendment Due Process right to be free from excessive force, and this right has been clearly established.
{ "signal": "no signal", "identifier": null, "parenthetical": "\"It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.\"", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
{ "signal": "see also", "identifier": null, "parenthetical": "recognizing pretrial detainee's Constitutional right to be from excessive force", "sentence": "Graham v. Connor, 490 U.S. 386, 395 n.10, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (“It is clear ... that the Due Process Clause protects a pretrial detainee form the use of excessive force that amounts to punishment.”); see also Kingsley v. Hendrickson, — U.S. —, 135 S.Ct. 2466, 2471-72, 192 L.Ed.2d 416 (2015) (recognizing pretrial detainee’s Constitutional right to be from excessive force); Valencia v. Wiggins, 981 F.2d 1440, 1445 (5th Cir. 1993)." }
12,270,684
a
Darr also argues that he is entitled to qualified immunity based on his contention that it is undisputed that (1) objectively valid reasons existed for his employment actions and (2) the employment actions were actually motivated, at least in part, by the" objectively valid reasons.
{ "signal": "see also", "identifier": "94 F.3d 1528, 1535", "parenthetical": "concluding that defendants were entitled to qualified immunity because the record showed indisputable and sufficient lawful motivations", "sentence": "See Rioux, 520 F.3d at 1284-85 (extending qualified immunity to defendant because undisputed evidence showed that his decisions were motivated at least in part by lawful justifications); Stanley v. City of Dalton, Ga., 219 F.3d 1280, 1296 (11th Cir.2000) (finding that defendant was entitled to qualified immunity when his actions were indisputably motivated by lawful considerations); see also Foy v. Holston, 94 F.3d 1528, 1535 (11th Cir.1996) (concluding that defendants were entitled to qualified immunity because the record showed indisputable and sufficient lawful motivations)." }
{ "signal": "see", "identifier": "520 F.3d 1284, 1284-85", "parenthetical": "extending qualified immunity to defendant because undisputed evidence showed that his decisions were motivated at least in part by lawful justifications", "sentence": "See Rioux, 520 F.3d at 1284-85 (extending qualified immunity to defendant because undisputed evidence showed that his decisions were motivated at least in part by lawful justifications); Stanley v. City of Dalton, Ga., 219 F.3d 1280, 1296 (11th Cir.2000) (finding that defendant was entitled to qualified immunity when his actions were indisputably motivated by lawful considerations); see also Foy v. Holston, 94 F.3d 1528, 1535 (11th Cir.1996) (concluding that defendants were entitled to qualified immunity because the record showed indisputable and sufficient lawful motivations)." }
5,722,121
b
Darr also argues that he is entitled to qualified immunity based on his contention that it is undisputed that (1) objectively valid reasons existed for his employment actions and (2) the employment actions were actually motivated, at least in part, by the" objectively valid reasons.
{ "signal": "see also", "identifier": "94 F.3d 1528, 1535", "parenthetical": "concluding that defendants were entitled to qualified immunity because the record showed indisputable and sufficient lawful motivations", "sentence": "See Rioux, 520 F.3d at 1284-85 (extending qualified immunity to defendant because undisputed evidence showed that his decisions were motivated at least in part by lawful justifications); Stanley v. City of Dalton, Ga., 219 F.3d 1280, 1296 (11th Cir.2000) (finding that defendant was entitled to qualified immunity when his actions were indisputably motivated by lawful considerations); see also Foy v. Holston, 94 F.3d 1528, 1535 (11th Cir.1996) (concluding that defendants were entitled to qualified immunity because the record showed indisputable and sufficient lawful motivations)." }
{ "signal": "see", "identifier": "219 F.3d 1280, 1296", "parenthetical": "finding that defendant was entitled to qualified immunity when his actions were indisputably motivated by lawful considerations", "sentence": "See Rioux, 520 F.3d at 1284-85 (extending qualified immunity to defendant because undisputed evidence showed that his decisions were motivated at least in part by lawful justifications); Stanley v. City of Dalton, Ga., 219 F.3d 1280, 1296 (11th Cir.2000) (finding that defendant was entitled to qualified immunity when his actions were indisputably motivated by lawful considerations); see also Foy v. Holston, 94 F.3d 1528, 1535 (11th Cir.1996) (concluding that defendants were entitled to qualified immunity because the record showed indisputable and sufficient lawful motivations)." }
5,722,121
b
The preclusive effect of the exhaustion doctrine applies equally to cases where some, but not all, of a petitioner's issues were raised in the state forum. We have not adopted a per se rule that complete exhaustion of all claims in a so-called "mixed petition" is necessary before the exhausted issues qualify for consideration.
{ "signal": "see", "identifier": null, "parenthetical": "requiring exhaustion of all claims raised in habeas petitions in Fifth Circuit", "sentence": "See Galtieri v. Wainwright, 582 F.2d 348 (5th Cir. 1978) (requiring exhaustion of all claims raised in habeas petitions in Fifth Circuit)." }
{ "signal": "but see", "identifier": null, "parenthetical": "pro se petitioner's claim of conflict of interest considered by federal appellate court although nature of conflict not divulged to either state or federal district court", "sentence": "But see Brooks v. Hopper, 597 F.2d 57 (5th Cir. 1979) (pro se petitioner’s claim of conflict of interest considered by federal appellate court although nature of conflict not divulged to either state or federal district court)." }
1,287,827
a
However, several district courts have held otherwise, i.e., that the "exceptional reasons" provision of SS 3145(c) is only available to the appellate courts.
{ "signal": "see", "identifier": "937 F.Supp. 507, 509", "parenthetical": "\"we will not consider Nesser's 'exceptional reasons' argument for bail ..., finding that Congress reserved this task for the court of appeals.\"", "sentence": "See U.S. v. Nesser, 937 F.Supp. 507, 509 (W.D.Pa.1996) (Cindrich, J.) (“we will not consider Nesser’s ‘exceptional reasons’ argument for bail ..., finding that Congress reserved this task for the court of appeals.”); U.S. v. Salome, 870 F.Supp. 648, 652 (W.D.Pa.1994) (Diamond, J.) (“the jurisdiction established by § 3145 is appellate jurisdiction”)." }
{ "signal": "see also", "identifier": "242 F.Supp.2d 489, 491", "parenthetical": "\"Congress has mandated that the United States Courts of Appeals are the only courts with the jurisdiction to override a SS 3143(a", "sentence": "See also In re Sealed Case, 242 F.Supp.2d 489, 491 (E.D.Mich.2003) (Gadola, J.) (“Congress has mandated that the United States Courts of Appeals are the only courts with the jurisdiction to override a § 3143(a)(2) mandatory detention and order the release of a defendant because of exceptional reasons, pursuant to § 3145(c).”); cf. U.S. v. Bloomer, 791 F.Supp. 100, 102 (D.Vt.1992) (Billings, J.) (“we think that § 3145(c) by its very provisions applies exclusively to reviewing courts and not to courts which initially ordered release or detention”)." }
3,464,431
a
We further note that when a penalty scheme set forth in a state statute is not susceptible to a narrowing construction, the California Supreme Court has considered whether the imposition of mandatory, ever-mounting penalties violates the due process clause of the state and federal constitutions in a particular case. The California Supreme Court has indicated that trial courts must make this constitutional assessment on a case-by-case basis.
{ "signal": "see also", "identifier": "77 Cal.App.4th 1302, 1312-16", "parenthetical": "conducting an \"as applied\" analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not \"im-permissibly disproportionate 'to the conduct' or to the defendants' 'net worth' \"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
{ "signal": "see", "identifier": "27 Cal.3d 348, 353, 356", "parenthetical": "upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was \"proportioned to the landlord's misconduct and necessary to achieve the penalty's deterrent purposes\"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
3,703,756
b
We further note that when a penalty scheme set forth in a state statute is not susceptible to a narrowing construction, the California Supreme Court has considered whether the imposition of mandatory, ever-mounting penalties violates the due process clause of the state and federal constitutions in a particular case. The California Supreme Court has indicated that trial courts must make this constitutional assessment on a case-by-case basis.
{ "signal": "see", "identifier": "27 Cal.3d 348, 353, 356", "parenthetical": "upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was \"proportioned to the landlord's misconduct and necessary to achieve the penalty's deterrent purposes\"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
{ "signal": "see also", "identifier": null, "parenthetical": "conducting an \"as applied\" analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not \"im-permissibly disproportionate 'to the conduct' or to the defendants' 'net worth' \"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
3,703,756
a
We further note that when a penalty scheme set forth in a state statute is not susceptible to a narrowing construction, the California Supreme Court has considered whether the imposition of mandatory, ever-mounting penalties violates the due process clause of the state and federal constitutions in a particular case. The California Supreme Court has indicated that trial courts must make this constitutional assessment on a case-by-case basis.
{ "signal": "see", "identifier": null, "parenthetical": "upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was \"proportioned to the landlord's misconduct and necessary to achieve the penalty's deterrent purposes\"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
{ "signal": "see also", "identifier": "77 Cal.App.4th 1302, 1312-16", "parenthetical": "conducting an \"as applied\" analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not \"im-permissibly disproportionate 'to the conduct' or to the defendants' 'net worth' \"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
3,703,756
a
We further note that when a penalty scheme set forth in a state statute is not susceptible to a narrowing construction, the California Supreme Court has considered whether the imposition of mandatory, ever-mounting penalties violates the due process clause of the state and federal constitutions in a particular case. The California Supreme Court has indicated that trial courts must make this constitutional assessment on a case-by-case basis.
{ "signal": "see also", "identifier": null, "parenthetical": "conducting an \"as applied\" analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not \"im-permissibly disproportionate 'to the conduct' or to the defendants' 'net worth' \"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
{ "signal": "see", "identifier": null, "parenthetical": "upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was \"proportioned to the landlord's misconduct and necessary to achieve the penalty's deterrent purposes\"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
3,703,756
b
We further note that when a penalty scheme set forth in a state statute is not susceptible to a narrowing construction, the California Supreme Court has considered whether the imposition of mandatory, ever-mounting penalties violates the due process clause of the state and federal constitutions in a particular case. The California Supreme Court has indicated that trial courts must make this constitutional assessment on a case-by-case basis.
{ "signal": "see also", "identifier": "77 Cal.App.4th 1302, 1312-16", "parenthetical": "conducting an \"as applied\" analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not \"im-permissibly disproportionate 'to the conduct' or to the defendants' 'net worth' \"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
{ "signal": "see", "identifier": null, "parenthetical": "upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was \"proportioned to the landlord's misconduct and necessary to achieve the penalty's deterrent purposes\"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
3,703,756
b
We further note that when a penalty scheme set forth in a state statute is not susceptible to a narrowing construction, the California Supreme Court has considered whether the imposition of mandatory, ever-mounting penalties violates the due process clause of the state and federal constitutions in a particular case. The California Supreme Court has indicated that trial courts must make this constitutional assessment on a case-by-case basis.
{ "signal": "see", "identifier": null, "parenthetical": "upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was \"proportioned to the landlord's misconduct and necessary to achieve the penalty's deterrent purposes\"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
{ "signal": "see also", "identifier": null, "parenthetical": "conducting an \"as applied\" analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not \"im-permissibly disproportionate 'to the conduct' or to the defendants' 'net worth' \"", "sentence": "See Kinney v. Vaccari, 27 Cal.3d 348, 353, 356, 165 Cal.Rptr. 787, 612 P.2d 877 (1980) (upholding a $36,000 penalty under section 789.3 of the California Civil Code because it was “proportioned to the landlord’s misconduct and necessary to achieve the penalty’s deterrent purposes”); see also City and County of San Francisco v. Sainez, 77 Cal.App.4th 1302, 1312-16, 92 Cal.Rptr.2d 418 (2000) (conducting an “as applied” analysis to decide whether a statute authorizing a $1,000 per day penalty for violations of the Housing Code violated due process, and concluding that the trial court did not abuse its discretion in imposing a $663,000 penalty because it was not “im-permissibly disproportionate ‘to the conduct’ or to the defendants’ ‘net worth’ ”)." }
3,703,756
a
A series of recent Federal Circuit decisions have noted the useful nature of extrinsic evidence like dictionaries, encyclopedias, and treatises in aiding judicial determinations of ordinary and customary meaning.
{ "signal": "see also", "identifier": null, "parenthetical": "\"Although technical treatises and dictionaries fall within the category of extrinsic evidence ... they are worthy of special note.\"", "sentence": "See, e.g., Texas Digital, 308 F.3d at 1202 (“dictionaries, encyclopedias and treatises are particularly useful resources to assist the court in determining” term meaning); Teleflex, 299 F.3d at 1325 (“[dictionaries, encyclopedias and treatises] may be the most meaningful sources of information to aid judges in better understanding both the technology and the terminology used by those skilled in the art to describe the technology”); CCS Fitness, 288 F.3d at 1366 (“Sensibly enough, ... dictionary definitions may establish a claim term’s ordinary meaning”); see also Vitronics, 90 F.3d at 1584 n. 6 (“Although technical treatises and dictionaries fall within the category of extrinsic evidence ... they are worthy of special note.”)." }
{ "signal": "see", "identifier": "308 F.3d 1202, 1202", "parenthetical": "\"dictionaries, encyclopedias and treatises are particularly useful resources to assist the court in determining\" term meaning", "sentence": "See, e.g., Texas Digital, 308 F.3d at 1202 (“dictionaries, encyclopedias and treatises are particularly useful resources to assist the court in determining” term meaning); Teleflex, 299 F.3d at 1325 (“[dictionaries, encyclopedias and treatises] may be the most meaningful sources of information to aid judges in better understanding both the technology and the terminology used by those skilled in the art to describe the technology”); CCS Fitness, 288 F.3d at 1366 (“Sensibly enough, ... dictionary definitions may establish a claim term’s ordinary meaning”); see also Vitronics, 90 F.3d at 1584 n. 6 (“Although technical treatises and dictionaries fall within the category of extrinsic evidence ... they are worthy of special note.”)." }
9,506,404
b
A series of recent Federal Circuit decisions have noted the useful nature of extrinsic evidence like dictionaries, encyclopedias, and treatises in aiding judicial determinations of ordinary and customary meaning.
{ "signal": "see", "identifier": "299 F.3d 1325, 1325", "parenthetical": "\"[dictionaries, encyclopedias and treatises] may be the most meaningful sources of information to aid judges in better understanding both the technology and the terminology used by those skilled in the art to describe the technology\"", "sentence": "See, e.g., Texas Digital, 308 F.3d at 1202 (“dictionaries, encyclopedias and treatises are particularly useful resources to assist the court in determining” term meaning); Teleflex, 299 F.3d at 1325 (“[dictionaries, encyclopedias and treatises] may be the most meaningful sources of information to aid judges in better understanding both the technology and the terminology used by those skilled in the art to describe the technology”); CCS Fitness, 288 F.3d at 1366 (“Sensibly enough, ... dictionary definitions may establish a claim term’s ordinary meaning”); see also Vitronics, 90 F.3d at 1584 n. 6 (“Although technical treatises and dictionaries fall within the category of extrinsic evidence ... they are worthy of special note.”)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"Although technical treatises and dictionaries fall within the category of extrinsic evidence ... they are worthy of special note.\"", "sentence": "See, e.g., Texas Digital, 308 F.3d at 1202 (“dictionaries, encyclopedias and treatises are particularly useful resources to assist the court in determining” term meaning); Teleflex, 299 F.3d at 1325 (“[dictionaries, encyclopedias and treatises] may be the most meaningful sources of information to aid judges in better understanding both the technology and the terminology used by those skilled in the art to describe the technology”); CCS Fitness, 288 F.3d at 1366 (“Sensibly enough, ... dictionary definitions may establish a claim term’s ordinary meaning”); see also Vitronics, 90 F.3d at 1584 n. 6 (“Although technical treatises and dictionaries fall within the category of extrinsic evidence ... they are worthy of special note.”)." }
9,506,404
a
A series of recent Federal Circuit decisions have noted the useful nature of extrinsic evidence like dictionaries, encyclopedias, and treatises in aiding judicial determinations of ordinary and customary meaning.
{ "signal": "see also", "identifier": null, "parenthetical": "\"Although technical treatises and dictionaries fall within the category of extrinsic evidence ... they are worthy of special note.\"", "sentence": "See, e.g., Texas Digital, 308 F.3d at 1202 (“dictionaries, encyclopedias and treatises are particularly useful resources to assist the court in determining” term meaning); Teleflex, 299 F.3d at 1325 (“[dictionaries, encyclopedias and treatises] may be the most meaningful sources of information to aid judges in better understanding both the technology and the terminology used by those skilled in the art to describe the technology”); CCS Fitness, 288 F.3d at 1366 (“Sensibly enough, ... dictionary definitions may establish a claim term’s ordinary meaning”); see also Vitronics, 90 F.3d at 1584 n. 6 (“Although technical treatises and dictionaries fall within the category of extrinsic evidence ... they are worthy of special note.”)." }
{ "signal": "see", "identifier": "288 F.3d 1366, 1366", "parenthetical": "\"Sensibly enough, ... dictionary definitions may establish a claim term's ordinary meaning\"", "sentence": "See, e.g., Texas Digital, 308 F.3d at 1202 (“dictionaries, encyclopedias and treatises are particularly useful resources to assist the court in determining” term meaning); Teleflex, 299 F.3d at 1325 (“[dictionaries, encyclopedias and treatises] may be the most meaningful sources of information to aid judges in better understanding both the technology and the terminology used by those skilled in the art to describe the technology”); CCS Fitness, 288 F.3d at 1366 (“Sensibly enough, ... dictionary definitions may establish a claim term’s ordinary meaning”); see also Vitronics, 90 F.3d at 1584 n. 6 (“Although technical treatises and dictionaries fall within the category of extrinsic evidence ... they are worthy of special note.”)." }
9,506,404
b
Moreover, once Kelly produced the .22 cartridges in response to Dixon's query about drugs, Dixon was permitted to pursue the question of the location of the gun under the public safety exception to Miranda's requirements.
{ "signal": "see", "identifier": "467 U.S. 649, 658-59", "parenthetical": "officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect", "sentence": "See New York v. Quarles, 467 U.S. 649, 658-59, 104 S.Ct. 2626, 2633, 81 L.Ed.2d 550 (1984) (officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect)." }
{ "signal": "see also", "identifier": "974 F.2d 845, 847", "parenthetical": "\"[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer's inquiry about the location of a gun without first advising a suspect of his Miranda rights.\"", "sentence": "See also United States v. Simpson, 974 F.2d 845, 847 (7th Cir.1992) (“[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer’s inquiry about the location of a gun without first advising a suspect of his Miranda rights.”), cert. denied, — U.S. -, 113 S.Ct. 1326, 122 L.Ed.2d 711 (1993); Andersen v. Thieret, 903 F.2d 526, 531 (7th Cir.1990) (analyzing arrestee’s volunteered statement about weapons)." }
10,517,253
a
Moreover, once Kelly produced the .22 cartridges in response to Dixon's query about drugs, Dixon was permitted to pursue the question of the location of the gun under the public safety exception to Miranda's requirements.
{ "signal": "see also", "identifier": null, "parenthetical": "\"[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer's inquiry about the location of a gun without first advising a suspect of his Miranda rights.\"", "sentence": "See also United States v. Simpson, 974 F.2d 845, 847 (7th Cir.1992) (“[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer’s inquiry about the location of a gun without first advising a suspect of his Miranda rights.”), cert. denied, — U.S. -, 113 S.Ct. 1326, 122 L.Ed.2d 711 (1993); Andersen v. Thieret, 903 F.2d 526, 531 (7th Cir.1990) (analyzing arrestee’s volunteered statement about weapons)." }
{ "signal": "see", "identifier": "467 U.S. 649, 658-59", "parenthetical": "officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect", "sentence": "See New York v. Quarles, 467 U.S. 649, 658-59, 104 S.Ct. 2626, 2633, 81 L.Ed.2d 550 (1984) (officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect)." }
10,517,253
b
Moreover, once Kelly produced the .22 cartridges in response to Dixon's query about drugs, Dixon was permitted to pursue the question of the location of the gun under the public safety exception to Miranda's requirements.
{ "signal": "see", "identifier": "467 U.S. 649, 658-59", "parenthetical": "officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect", "sentence": "See New York v. Quarles, 467 U.S. 649, 658-59, 104 S.Ct. 2626, 2633, 81 L.Ed.2d 550 (1984) (officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer's inquiry about the location of a gun without first advising a suspect of his Miranda rights.\"", "sentence": "See also United States v. Simpson, 974 F.2d 845, 847 (7th Cir.1992) (“[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer’s inquiry about the location of a gun without first advising a suspect of his Miranda rights.”), cert. denied, — U.S. -, 113 S.Ct. 1326, 122 L.Ed.2d 711 (1993); Andersen v. Thieret, 903 F.2d 526, 531 (7th Cir.1990) (analyzing arrestee’s volunteered statement about weapons)." }
10,517,253
a
Moreover, once Kelly produced the .22 cartridges in response to Dixon's query about drugs, Dixon was permitted to pursue the question of the location of the gun under the public safety exception to Miranda's requirements.
{ "signal": "see also", "identifier": "974 F.2d 845, 847", "parenthetical": "\"[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer's inquiry about the location of a gun without first advising a suspect of his Miranda rights.\"", "sentence": "See also United States v. Simpson, 974 F.2d 845, 847 (7th Cir.1992) (“[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer’s inquiry about the location of a gun without first advising a suspect of his Miranda rights.”), cert. denied, — U.S. -, 113 S.Ct. 1326, 122 L.Ed.2d 711 (1993); Andersen v. Thieret, 903 F.2d 526, 531 (7th Cir.1990) (analyzing arrestee’s volunteered statement about weapons)." }
{ "signal": "see", "identifier": "104 S.Ct. 2626, 2633", "parenthetical": "officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect", "sentence": "See New York v. Quarles, 467 U.S. 649, 658-59, 104 S.Ct. 2626, 2633, 81 L.Ed.2d 550 (1984) (officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect)." }
10,517,253
b
Moreover, once Kelly produced the .22 cartridges in response to Dixon's query about drugs, Dixon was permitted to pursue the question of the location of the gun under the public safety exception to Miranda's requirements.
{ "signal": "see", "identifier": "104 S.Ct. 2626, 2633", "parenthetical": "officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect", "sentence": "See New York v. Quarles, 467 U.S. 649, 658-59, 104 S.Ct. 2626, 2633, 81 L.Ed.2d 550 (1984) (officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer's inquiry about the location of a gun without first advising a suspect of his Miranda rights.\"", "sentence": "See also United States v. Simpson, 974 F.2d 845, 847 (7th Cir.1992) (“[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer’s inquiry about the location of a gun without first advising a suspect of his Miranda rights.”), cert. denied, — U.S. -, 113 S.Ct. 1326, 122 L.Ed.2d 711 (1993); Andersen v. Thieret, 903 F.2d 526, 531 (7th Cir.1990) (analyzing arrestee’s volunteered statement about weapons)." }
10,517,253
a
Moreover, once Kelly produced the .22 cartridges in response to Dixon's query about drugs, Dixon was permitted to pursue the question of the location of the gun under the public safety exception to Miranda's requirements.
{ "signal": "see", "identifier": "104 S.Ct. 2626, 2633", "parenthetical": "officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect", "sentence": "See New York v. Quarles, 467 U.S. 649, 658-59, 104 S.Ct. 2626, 2633, 81 L.Ed.2d 550 (1984) (officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer's inquiry about the location of a gun without first advising a suspect of his Miranda rights.\"", "sentence": "See also United States v. Simpson, 974 F.2d 845, 847 (7th Cir.1992) (“[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer’s inquiry about the location of a gun without first advising a suspect of his Miranda rights.”), cert. denied, — U.S. -, 113 S.Ct. 1326, 122 L.Ed.2d 711 (1993); Andersen v. Thieret, 903 F.2d 526, 531 (7th Cir.1990) (analyzing arrestee’s volunteered statement about weapons)." }
10,517,253
a
Moreover, once Kelly produced the .22 cartridges in response to Dixon's query about drugs, Dixon was permitted to pursue the question of the location of the gun under the public safety exception to Miranda's requirements.
{ "signal": "see also", "identifier": "974 F.2d 845, 847", "parenthetical": "\"[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer's inquiry about the location of a gun without first advising a suspect of his Miranda rights.\"", "sentence": "See also United States v. Simpson, 974 F.2d 845, 847 (7th Cir.1992) (“[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer’s inquiry about the location of a gun without first advising a suspect of his Miranda rights.”), cert. denied, — U.S. -, 113 S.Ct. 1326, 122 L.Ed.2d 711 (1993); Andersen v. Thieret, 903 F.2d 526, 531 (7th Cir.1990) (analyzing arrestee’s volunteered statement about weapons)." }
{ "signal": "see", "identifier": null, "parenthetical": "officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect", "sentence": "See New York v. Quarles, 467 U.S. 649, 658-59, 104 S.Ct. 2626, 2633, 81 L.Ed.2d 550 (1984) (officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect)." }
10,517,253
b
Moreover, once Kelly produced the .22 cartridges in response to Dixon's query about drugs, Dixon was permitted to pursue the question of the location of the gun under the public safety exception to Miranda's requirements.
{ "signal": "see also", "identifier": null, "parenthetical": "\"[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer's inquiry about the location of a gun without first advising a suspect of his Miranda rights.\"", "sentence": "See also United States v. Simpson, 974 F.2d 845, 847 (7th Cir.1992) (“[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer’s inquiry about the location of a gun without first advising a suspect of his Miranda rights.”), cert. denied, — U.S. -, 113 S.Ct. 1326, 122 L.Ed.2d 711 (1993); Andersen v. Thieret, 903 F.2d 526, 531 (7th Cir.1990) (analyzing arrestee’s volunteered statement about weapons)." }
{ "signal": "see", "identifier": null, "parenthetical": "officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect", "sentence": "See New York v. Quarles, 467 U.S. 649, 658-59, 104 S.Ct. 2626, 2633, 81 L.Ed.2d 550 (1984) (officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect)." }
10,517,253
b
Moreover, once Kelly produced the .22 cartridges in response to Dixon's query about drugs, Dixon was permitted to pursue the question of the location of the gun under the public safety exception to Miranda's requirements.
{ "signal": "see", "identifier": null, "parenthetical": "officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect", "sentence": "See New York v. Quarles, 467 U.S. 649, 658-59, 104 S.Ct. 2626, 2633, 81 L.Ed.2d 550 (1984) (officers confronted with immediate necessity of ascertaining whereabouts of gun need not recite Miranda warnings before questioning suspect)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer's inquiry about the location of a gun without first advising a suspect of his Miranda rights.\"", "sentence": "See also United States v. Simpson, 974 F.2d 845, 847 (7th Cir.1992) (“[Cjonsiderations of safety to law enforcement officers and others nearby justify an officer’s inquiry about the location of a gun without first advising a suspect of his Miranda rights.”), cert. denied, — U.S. -, 113 S.Ct. 1326, 122 L.Ed.2d 711 (1993); Andersen v. Thieret, 903 F.2d 526, 531 (7th Cir.1990) (analyzing arrestee’s volunteered statement about weapons)." }
10,517,253
a
Furthermore, this Court has held that Commerce is not required to correct a respondent's errors when erroneous data are reported and not timely corrected.
{ "signal": "see", "identifier": "797 F. Supp. 994, 994", "parenthetical": "stating \"[e]ven if Commerce possessed the personnel to identify errors Plaintiffs made in their data base within the statutory deadlines, Commerce would have no basis for deciding which portion of the submission was correct or erroneous.\"", "sentence": "See Sugiyama, 797 F. Supp. at 994 (stating “[e]ven if Commerce possessed the personnel to identify errors Plaintiffs made in their data base within the statutory deadlines, Commerce would have no basis for deciding which portion of the submission was correct or erroneous.”); Makita Corp. v. United States, 974 F. Supp. 770, 780 (Ct. Int’l Trade 1997); see also Acciai Speciali Terni S.p.A. v. United States, 142 F. Supp. 2d 969, 982 (Ct. Int’l Trade 2001) (“It is respondent’s obligation to supply Commerce with accurate information. * * * In general, Commerce is not required to correct a respondent’s errors when erroneous data [are] reported and not timely corrected.”) (internal quotations and citations omitted)." }
{ "signal": "see also", "identifier": "142 F. Supp. 2d 969, 982", "parenthetical": "\"It is respondent's obligation to supply Commerce with accurate information. * * * In general, Commerce is not required to correct a respondent's errors when erroneous data [are] reported and not timely corrected.\"", "sentence": "See Sugiyama, 797 F. Supp. at 994 (stating “[e]ven if Commerce possessed the personnel to identify errors Plaintiffs made in their data base within the statutory deadlines, Commerce would have no basis for deciding which portion of the submission was correct or erroneous.”); Makita Corp. v. United States, 974 F. Supp. 770, 780 (Ct. Int’l Trade 1997); see also Acciai Speciali Terni S.p.A. v. United States, 142 F. Supp. 2d 969, 982 (Ct. Int’l Trade 2001) (“It is respondent’s obligation to supply Commerce with accurate information. * * * In general, Commerce is not required to correct a respondent’s errors when erroneous data [are] reported and not timely corrected.”) (internal quotations and citations omitted)." }
8,472,130
a
The first two claims amount to little more than disagreeing with the weight that the sentencing judge afforded to certain aspects of the sentencing factors. This exercise, however, is peculiarly within the sentencing court's discretion, and Gallardo offers no meritorious reason to interfere with that judgment.
{ "signal": "see also", "identifier": "595 F.3d 49, 49", "parenthetical": "concluding that the district court's silence about a sentencing angle advocated by a party did not undercut the sentencing decision where the record \"evinc[ed] a sufficient weighing of the section 3553(a) factors\"", "sentence": "See Gall, 552 U.S. at 51-52, 128 S.Ct. 586 (noting that sentencing judge has a judicial vantage point superior to that of the reviewing appellate court); United States v. Madera-Ortiz, 637 F.3d 26, 31 (1st Cir.2011) (holding that “judgment calls” on the weight to be given various relevant factors “are for the sentencing court, not for this court”); see also Davila-Gonzalez, 595 F.3d at 49 (concluding that the district court’s silence about a sentencing angle advocated by a party did not undercut the sentencing decision where the record “evinc[ed] a sufficient weighing of the section 3553(a) factors”)." }
{ "signal": "see", "identifier": "552 U.S. 51, 51-52", "parenthetical": "noting that sentencing judge has a judicial vantage point superior to that of the reviewing appellate court", "sentence": "See Gall, 552 U.S. at 51-52, 128 S.Ct. 586 (noting that sentencing judge has a judicial vantage point superior to that of the reviewing appellate court); United States v. Madera-Ortiz, 637 F.3d 26, 31 (1st Cir.2011) (holding that “judgment calls” on the weight to be given various relevant factors “are for the sentencing court, not for this court”); see also Davila-Gonzalez, 595 F.3d at 49 (concluding that the district court’s silence about a sentencing angle advocated by a party did not undercut the sentencing decision where the record “evinc[ed] a sufficient weighing of the section 3553(a) factors”)." }
6,051,736
b
The first two claims amount to little more than disagreeing with the weight that the sentencing judge afforded to certain aspects of the sentencing factors. This exercise, however, is peculiarly within the sentencing court's discretion, and Gallardo offers no meritorious reason to interfere with that judgment.
{ "signal": "see", "identifier": null, "parenthetical": "noting that sentencing judge has a judicial vantage point superior to that of the reviewing appellate court", "sentence": "See Gall, 552 U.S. at 51-52, 128 S.Ct. 586 (noting that sentencing judge has a judicial vantage point superior to that of the reviewing appellate court); United States v. Madera-Ortiz, 637 F.3d 26, 31 (1st Cir.2011) (holding that “judgment calls” on the weight to be given various relevant factors “are for the sentencing court, not for this court”); see also Davila-Gonzalez, 595 F.3d at 49 (concluding that the district court’s silence about a sentencing angle advocated by a party did not undercut the sentencing decision where the record “evinc[ed] a sufficient weighing of the section 3553(a) factors”)." }
{ "signal": "see also", "identifier": "595 F.3d 49, 49", "parenthetical": "concluding that the district court's silence about a sentencing angle advocated by a party did not undercut the sentencing decision where the record \"evinc[ed] a sufficient weighing of the section 3553(a) factors\"", "sentence": "See Gall, 552 U.S. at 51-52, 128 S.Ct. 586 (noting that sentencing judge has a judicial vantage point superior to that of the reviewing appellate court); United States v. Madera-Ortiz, 637 F.3d 26, 31 (1st Cir.2011) (holding that “judgment calls” on the weight to be given various relevant factors “are for the sentencing court, not for this court”); see also Davila-Gonzalez, 595 F.3d at 49 (concluding that the district court’s silence about a sentencing angle advocated by a party did not undercut the sentencing decision where the record “evinc[ed] a sufficient weighing of the section 3553(a) factors”)." }
6,051,736
a
The first two claims amount to little more than disagreeing with the weight that the sentencing judge afforded to certain aspects of the sentencing factors. This exercise, however, is peculiarly within the sentencing court's discretion, and Gallardo offers no meritorious reason to interfere with that judgment.
{ "signal": "see also", "identifier": "595 F.3d 49, 49", "parenthetical": "concluding that the district court's silence about a sentencing angle advocated by a party did not undercut the sentencing decision where the record \"evinc[ed] a sufficient weighing of the section 3553(a) factors\"", "sentence": "See Gall, 552 U.S. at 51-52, 128 S.Ct. 586 (noting that sentencing judge has a judicial vantage point superior to that of the reviewing appellate court); United States v. Madera-Ortiz, 637 F.3d 26, 31 (1st Cir.2011) (holding that “judgment calls” on the weight to be given various relevant factors “are for the sentencing court, not for this court”); see also Davila-Gonzalez, 595 F.3d at 49 (concluding that the district court’s silence about a sentencing angle advocated by a party did not undercut the sentencing decision where the record “evinc[ed] a sufficient weighing of the section 3553(a) factors”)." }
{ "signal": "see", "identifier": "637 F.3d 26, 31", "parenthetical": "holding that \"judgment calls\" on the weight to be given various relevant factors \"are for the sentencing court, not for this court\"", "sentence": "See Gall, 552 U.S. at 51-52, 128 S.Ct. 586 (noting that sentencing judge has a judicial vantage point superior to that of the reviewing appellate court); United States v. Madera-Ortiz, 637 F.3d 26, 31 (1st Cir.2011) (holding that “judgment calls” on the weight to be given various relevant factors “are for the sentencing court, not for this court”); see also Davila-Gonzalez, 595 F.3d at 49 (concluding that the district court’s silence about a sentencing angle advocated by a party did not undercut the sentencing decision where the record “evinc[ed] a sufficient weighing of the section 3553(a) factors”)." }
6,051,736
b
This is not always an easy task, because there are "inherent line-drawing problems associated with distinguishing among artwork with presumptively expressive content (such as [paintings, photographs, prints, and sculptures]), merchandise with potentially expressive content (such as 'the crafts of the jeweler, the potter and the silversmith'), and merchandise "with no expressive content."
{ "signal": "see also", "identifier": "76 F.3d 1011, 1011-12", "parenthetical": "holding that nonprofit corporations' sales of \"T-shirts imprinted with various philosophical messages\" were \"within the ambit of the First Amendment\"", "sentence": "Mastrovincenzo, 435 F.3d at 85 (quoting and citing Bery, 97 F.3d at 696). Moreover, some objects are otherwise utilitarian, but can become “inextricably intertwined” with “pure elements of speech” when they are sold to disseminate political, religious, or philosophical messages, Gaudiya, 952 F.2d at 1064-65 (holding that religious and political groups’ sale of merchandise and literature was fully protected); see also One World, 76 F.3d at 1011-12 (holding that nonprofit corporations’ sales of “T-shirts imprinted with various philosophical messages” were “within the ambit of the First Amendment”), or when they “serve a predominantly expressive purpose.”" }
{ "signal": "no signal", "identifier": "952 F.2d 1064, 1064-65", "parenthetical": "holding that religious and political groups' sale of merchandise and literature was fully protected", "sentence": "Mastrovincenzo, 435 F.3d at 85 (quoting and citing Bery, 97 F.3d at 696). Moreover, some objects are otherwise utilitarian, but can become “inextricably intertwined” with “pure elements of speech” when they are sold to disseminate political, religious, or philosophical messages, Gaudiya, 952 F.2d at 1064-65 (holding that religious and political groups’ sale of merchandise and literature was fully protected); see also One World, 76 F.3d at 1011-12 (holding that nonprofit corporations’ sales of “T-shirts imprinted with various philosophical messages” were “within the ambit of the First Amendment”), or when they “serve a predominantly expressive purpose.”" }
3,971,541
b
Under subsection (6), the first determination to be made is "the suitability or nonsuitability for adjudication and commitment of the child to the [Department." SS 985.433(6), Fla. Stat. (2016). This Court has recognized that subsection (6) gives wide discretion to the trial court in determining whether to commit a child to the Department and that the rigorous analysis in E.A.R. does not apply to this initial determination.
{ "signal": "cf.", "identifier": "122 So.3d 928, 930", "parenthetical": "finding E.A.R. did not apply to the trial court's initial decision to reject probation in favor of commitment, but error occurred when the trial court committed the juvenile before obtaining the Department's recommendation as to the appropriate restrictiveness level", "sentence": "Cf. B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013) (finding E.A.R. did not apply to the trial court’s initial decision to reject probation in favor of commitment, but error occurred when the trial court committed the juvenile before obtaining the Department’s recommendation as to the appropriate restrictiveness level); A.L.M. v. State, 176 So.3d 1025 (Fla. 1st DCA 2015) (affirming the disposition order that adjudicated the juvenile delinquent and found probation not appropriate, but reversing the trial court’s nonsecure placement and remanding to first get a recommendation of a restrictiveness level from the Department before committing the juvenile)." }
{ "signal": "no signal", "identifier": "90 So.3d 961, 967", "parenthetical": "holding the E.A.R. analysis did not apply to the trial court's initial determination made under section 985.433(6) to reject the Department's recommendation of probation in favor of commitment", "sentence": "J.B.S. v. State, 90 So.3d 961, 967 (Fla. 1st DCA 2012) (holding the E.A.R. analysis did not apply to the trial court’s initial determination made under section 985.433(6) to reject the Department’s recommendation of probation in favor of commitment); B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013) (“Probation is not a restrictiveness level because it is a limitation on the freedom of the child ⅛ lieu of commitment to the custody of the [Department.’ ”) (citing § 985.03(44), Fla. Stat.) (emphasis in original). Here, the trial court apparently advised the Department in advance that it intended to commit M.J. and requested an alternative commitment recommendation." }
12,353,255
b
Under subsection (6), the first determination to be made is "the suitability or nonsuitability for adjudication and commitment of the child to the [Department." SS 985.433(6), Fla. Stat. (2016). This Court has recognized that subsection (6) gives wide discretion to the trial court in determining whether to commit a child to the Department and that the rigorous analysis in E.A.R. does not apply to this initial determination.
{ "signal": "no signal", "identifier": "90 So.3d 961, 967", "parenthetical": "holding the E.A.R. analysis did not apply to the trial court's initial determination made under section 985.433(6) to reject the Department's recommendation of probation in favor of commitment", "sentence": "J.B.S. v. State, 90 So.3d 961, 967 (Fla. 1st DCA 2012) (holding the E.A.R. analysis did not apply to the trial court’s initial determination made under section 985.433(6) to reject the Department’s recommendation of probation in favor of commitment); B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013) (“Probation is not a restrictiveness level because it is a limitation on the freedom of the child ⅛ lieu of commitment to the custody of the [Department.’ ”) (citing § 985.03(44), Fla. Stat.) (emphasis in original). Here, the trial court apparently advised the Department in advance that it intended to commit M.J. and requested an alternative commitment recommendation." }
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the disposition order that adjudicated the juvenile delinquent and found probation not appropriate, but reversing the trial court's nonsecure placement and remanding to first get a recommendation of a restrictiveness level from the Department before committing the juvenile", "sentence": "Cf. B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013) (finding E.A.R. did not apply to the trial court’s initial decision to reject probation in favor of commitment, but error occurred when the trial court committed the juvenile before obtaining the Department’s recommendation as to the appropriate restrictiveness level); A.L.M. v. State, 176 So.3d 1025 (Fla. 1st DCA 2015) (affirming the disposition order that adjudicated the juvenile delinquent and found probation not appropriate, but reversing the trial court’s nonsecure placement and remanding to first get a recommendation of a restrictiveness level from the Department before committing the juvenile)." }
12,353,255
a
Under subsection (6), the first determination to be made is "the suitability or nonsuitability for adjudication and commitment of the child to the [Department." SS 985.433(6), Fla. Stat. (2016). This Court has recognized that subsection (6) gives wide discretion to the trial court in determining whether to commit a child to the Department and that the rigorous analysis in E.A.R. does not apply to this initial determination.
{ "signal": "cf.", "identifier": "122 So.3d 928, 930", "parenthetical": "finding E.A.R. did not apply to the trial court's initial decision to reject probation in favor of commitment, but error occurred when the trial court committed the juvenile before obtaining the Department's recommendation as to the appropriate restrictiveness level", "sentence": "Cf. B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013) (finding E.A.R. did not apply to the trial court’s initial decision to reject probation in favor of commitment, but error occurred when the trial court committed the juvenile before obtaining the Department’s recommendation as to the appropriate restrictiveness level); A.L.M. v. State, 176 So.3d 1025 (Fla. 1st DCA 2015) (affirming the disposition order that adjudicated the juvenile delinquent and found probation not appropriate, but reversing the trial court’s nonsecure placement and remanding to first get a recommendation of a restrictiveness level from the Department before committing the juvenile)." }
{ "signal": "no signal", "identifier": "122 So.3d 928, 930", "parenthetical": "\"Probation is not a restrictiveness level because it is a limitation on the freedom of the child 1/8 lieu of commitment to the custody of the [Department.' \"", "sentence": "J.B.S. v. State, 90 So.3d 961, 967 (Fla. 1st DCA 2012) (holding the E.A.R. analysis did not apply to the trial court’s initial determination made under section 985.433(6) to reject the Department’s recommendation of probation in favor of commitment); B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013) (“Probation is not a restrictiveness level because it is a limitation on the freedom of the child ⅛ lieu of commitment to the custody of the [Department.’ ”) (citing § 985.03(44), Fla. Stat.) (emphasis in original). Here, the trial court apparently advised the Department in advance that it intended to commit M.J. and requested an alternative commitment recommendation." }
12,353,255
b
Under subsection (6), the first determination to be made is "the suitability or nonsuitability for adjudication and commitment of the child to the [Department." SS 985.433(6), Fla. Stat. (2016). This Court has recognized that subsection (6) gives wide discretion to the trial court in determining whether to commit a child to the Department and that the rigorous analysis in E.A.R. does not apply to this initial determination.
{ "signal": "no signal", "identifier": "122 So.3d 928, 930", "parenthetical": "\"Probation is not a restrictiveness level because it is a limitation on the freedom of the child 1/8 lieu of commitment to the custody of the [Department.' \"", "sentence": "J.B.S. v. State, 90 So.3d 961, 967 (Fla. 1st DCA 2012) (holding the E.A.R. analysis did not apply to the trial court’s initial determination made under section 985.433(6) to reject the Department’s recommendation of probation in favor of commitment); B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013) (“Probation is not a restrictiveness level because it is a limitation on the freedom of the child ⅛ lieu of commitment to the custody of the [Department.’ ”) (citing § 985.03(44), Fla. Stat.) (emphasis in original). Here, the trial court apparently advised the Department in advance that it intended to commit M.J. and requested an alternative commitment recommendation." }
{ "signal": "cf.", "identifier": null, "parenthetical": "affirming the disposition order that adjudicated the juvenile delinquent and found probation not appropriate, but reversing the trial court's nonsecure placement and remanding to first get a recommendation of a restrictiveness level from the Department before committing the juvenile", "sentence": "Cf. B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013) (finding E.A.R. did not apply to the trial court’s initial decision to reject probation in favor of commitment, but error occurred when the trial court committed the juvenile before obtaining the Department’s recommendation as to the appropriate restrictiveness level); A.L.M. v. State, 176 So.3d 1025 (Fla. 1st DCA 2015) (affirming the disposition order that adjudicated the juvenile delinquent and found probation not appropriate, but reversing the trial court’s nonsecure placement and remanding to first get a recommendation of a restrictiveness level from the Department before committing the juvenile)." }
12,353,255
a
Liability under this legal theory is generally limited to unauthorized use in connection with the promotion or advertisement of a product or service and not, as is the case here, for use in a magazine story. This is true even if the article was arguably motivated by The Surfer's Journal's desire for profits or tangentially results in increased income.
{ "signal": "see also", "identifier": "25 Cal.3d 860, 867", "parenthetical": "\"Entertainment is entitled to the same constitutional protection as the exposition of ideas.\"", "sentence": "See Restatement (Second) of Torts § 652C, cmt. d (1977) (“It is only when the publicity is given for the purpose of appropriating to the defendant’s benefit the commercial or other values associated with the name or the likeness that the right of privacy is invaded. The fact that the defendant is engaged in the business of publication, for example of a newspaper, out of which he makes or seeks to make a profit, is not enough to make the incidental publication a commercial use of the name or likeness. Thus a newspaper, although it is not a philanthropic institution, does not become liable under the rule stated in this Section to every person whose name or likeness it publishes.”); Daly v. Viacom, Inc., 238 F.Supp.2d 1118, 1122-23 (N.D.Cal.2002) (finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression); see also Guglielmi v. Spelling-Goldberg Prods., 25 Cal.3d 860, 867, 160 Cal.Rptr. 352, 603 P.2d 454 (Cal.1979) (“Entertainment is entitled to the same constitutional protection as the exposition of ideas.”)." }
{ "signal": "see", "identifier": "238 F.Supp.2d 1118, 1122-23", "parenthetical": "finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression", "sentence": "See Restatement (Second) of Torts § 652C, cmt. d (1977) (“It is only when the publicity is given for the purpose of appropriating to the defendant’s benefit the commercial or other values associated with the name or the likeness that the right of privacy is invaded. The fact that the defendant is engaged in the business of publication, for example of a newspaper, out of which he makes or seeks to make a profit, is not enough to make the incidental publication a commercial use of the name or likeness. Thus a newspaper, although it is not a philanthropic institution, does not become liable under the rule stated in this Section to every person whose name or likeness it publishes.”); Daly v. Viacom, Inc., 238 F.Supp.2d 1118, 1122-23 (N.D.Cal.2002) (finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression); see also Guglielmi v. Spelling-Goldberg Prods., 25 Cal.3d 860, 867, 160 Cal.Rptr. 352, 603 P.2d 454 (Cal.1979) (“Entertainment is entitled to the same constitutional protection as the exposition of ideas.”)." }
5,756,669
b
Liability under this legal theory is generally limited to unauthorized use in connection with the promotion or advertisement of a product or service and not, as is the case here, for use in a magazine story. This is true even if the article was arguably motivated by The Surfer's Journal's desire for profits or tangentially results in increased income.
{ "signal": "see also", "identifier": null, "parenthetical": "\"Entertainment is entitled to the same constitutional protection as the exposition of ideas.\"", "sentence": "See Restatement (Second) of Torts § 652C, cmt. d (1977) (“It is only when the publicity is given for the purpose of appropriating to the defendant’s benefit the commercial or other values associated with the name or the likeness that the right of privacy is invaded. The fact that the defendant is engaged in the business of publication, for example of a newspaper, out of which he makes or seeks to make a profit, is not enough to make the incidental publication a commercial use of the name or likeness. Thus a newspaper, although it is not a philanthropic institution, does not become liable under the rule stated in this Section to every person whose name or likeness it publishes.”); Daly v. Viacom, Inc., 238 F.Supp.2d 1118, 1122-23 (N.D.Cal.2002) (finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression); see also Guglielmi v. Spelling-Goldberg Prods., 25 Cal.3d 860, 867, 160 Cal.Rptr. 352, 603 P.2d 454 (Cal.1979) (“Entertainment is entitled to the same constitutional protection as the exposition of ideas.”)." }
{ "signal": "see", "identifier": "238 F.Supp.2d 1118, 1122-23", "parenthetical": "finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression", "sentence": "See Restatement (Second) of Torts § 652C, cmt. d (1977) (“It is only when the publicity is given for the purpose of appropriating to the defendant’s benefit the commercial or other values associated with the name or the likeness that the right of privacy is invaded. The fact that the defendant is engaged in the business of publication, for example of a newspaper, out of which he makes or seeks to make a profit, is not enough to make the incidental publication a commercial use of the name or likeness. Thus a newspaper, although it is not a philanthropic institution, does not become liable under the rule stated in this Section to every person whose name or likeness it publishes.”); Daly v. Viacom, Inc., 238 F.Supp.2d 1118, 1122-23 (N.D.Cal.2002) (finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression); see also Guglielmi v. Spelling-Goldberg Prods., 25 Cal.3d 860, 867, 160 Cal.Rptr. 352, 603 P.2d 454 (Cal.1979) (“Entertainment is entitled to the same constitutional protection as the exposition of ideas.”)." }
5,756,669
b
Liability under this legal theory is generally limited to unauthorized use in connection with the promotion or advertisement of a product or service and not, as is the case here, for use in a magazine story. This is true even if the article was arguably motivated by The Surfer's Journal's desire for profits or tangentially results in increased income.
{ "signal": "see", "identifier": "238 F.Supp.2d 1118, 1122-23", "parenthetical": "finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression", "sentence": "See Restatement (Second) of Torts § 652C, cmt. d (1977) (“It is only when the publicity is given for the purpose of appropriating to the defendant’s benefit the commercial or other values associated with the name or the likeness that the right of privacy is invaded. The fact that the defendant is engaged in the business of publication, for example of a newspaper, out of which he makes or seeks to make a profit, is not enough to make the incidental publication a commercial use of the name or likeness. Thus a newspaper, although it is not a philanthropic institution, does not become liable under the rule stated in this Section to every person whose name or likeness it publishes.”); Daly v. Viacom, Inc., 238 F.Supp.2d 1118, 1122-23 (N.D.Cal.2002) (finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression); see also Guglielmi v. Spelling-Goldberg Prods., 25 Cal.3d 860, 867, 160 Cal.Rptr. 352, 603 P.2d 454 (Cal.1979) (“Entertainment is entitled to the same constitutional protection as the exposition of ideas.”)." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"Entertainment is entitled to the same constitutional protection as the exposition of ideas.\"", "sentence": "See Restatement (Second) of Torts § 652C, cmt. d (1977) (“It is only when the publicity is given for the purpose of appropriating to the defendant’s benefit the commercial or other values associated with the name or the likeness that the right of privacy is invaded. The fact that the defendant is engaged in the business of publication, for example of a newspaper, out of which he makes or seeks to make a profit, is not enough to make the incidental publication a commercial use of the name or likeness. Thus a newspaper, although it is not a philanthropic institution, does not become liable under the rule stated in this Section to every person whose name or likeness it publishes.”); Daly v. Viacom, Inc., 238 F.Supp.2d 1118, 1122-23 (N.D.Cal.2002) (finding that the First Amendment protected use of the plaintiffs likeness in advertisements for a television show because the television show was an expressive work and the advertisements were an adjunct of the protected work and promoted the protected expression); see also Guglielmi v. Spelling-Goldberg Prods., 25 Cal.3d 860, 867, 160 Cal.Rptr. 352, 603 P.2d 454 (Cal.1979) (“Entertainment is entitled to the same constitutional protection as the exposition of ideas.”)." }
5,756,669
a
Voluntary production of documents prior to a final judgment ordering their production does not allow the government to avoid a fee award.
{ "signal": "see", "identifier": "411 F.Supp. 897, 902", "parenthetical": "\"It is inconceivable ... that the recovery of attorneys' fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.\"", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
{ "signal": "see also", "identifier": "553 F.2d 1365, 1365", "parenthetical": "\"The case would never have reached the status it did if appellant had not doggedly pursued the matter.\"", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
7,800,354
a
Voluntary production of documents prior to a final judgment ordering their production does not allow the government to avoid a fee award.
{ "signal": "see", "identifier": "411 F.Supp. 897, 902", "parenthetical": "\"It is inconceivable ... that the recovery of attorneys' fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.\"", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
{ "signal": "see also", "identifier": "443 F.Supp. 1353, 1353", "parenthetical": "plaintiffs \"dogged determination\" in a vigorous and hard-fought litigation, where the \"government presented a very formidable opposition\" and \"[v]irtually everything the plaintiff attempted to do was vigorously opposed,\" showed that the lawsuit was the cause of the production", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
7,800,354
a
Voluntary production of documents prior to a final judgment ordering their production does not allow the government to avoid a fee award.
{ "signal": "see", "identifier": "546 F.2d 513, 513", "parenthetical": "\"Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.\"", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
{ "signal": "see also", "identifier": "553 F.2d 1365, 1365", "parenthetical": "\"The case would never have reached the status it did if appellant had not doggedly pursued the matter.\"", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
7,800,354
a
Voluntary production of documents prior to a final judgment ordering their production does not allow the government to avoid a fee award.
{ "signal": "see", "identifier": "546 F.2d 513, 513", "parenthetical": "\"Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.\"", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
{ "signal": "see also", "identifier": "443 F.Supp. 1353, 1353", "parenthetical": "plaintiffs \"dogged determination\" in a vigorous and hard-fought litigation, where the \"government presented a very formidable opposition\" and \"[v]irtually everything the plaintiff attempted to do was vigorously opposed,\" showed that the lawsuit was the cause of the production", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
7,800,354
a
Voluntary production of documents prior to a final judgment ordering their production does not allow the government to avoid a fee award.
{ "signal": "see also", "identifier": "553 F.2d 1365, 1365", "parenthetical": "\"The case would never have reached the status it did if appellant had not doggedly pursued the matter.\"", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
{ "signal": "see", "identifier": "553 F.2d 1360, 1364-65", "parenthetical": "surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
7,800,354
b
Voluntary production of documents prior to a final judgment ordering their production does not allow the government to avoid a fee award.
{ "signal": "see also", "identifier": "443 F.Supp. 1353, 1353", "parenthetical": "plaintiffs \"dogged determination\" in a vigorous and hard-fought litigation, where the \"government presented a very formidable opposition\" and \"[v]irtually everything the plaintiff attempted to do was vigorously opposed,\" showed that the lawsuit was the cause of the production", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
{ "signal": "see", "identifier": "553 F.2d 1360, 1364-65", "parenthetical": "surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees", "sentence": "See Church of Scientology, 700 F.2d at 491; Kaye v. Burns, 411 F.Supp. 897, 902 (S.D.N.Y.1976) (“It is inconceivable ... that the recovery of attorneys’ fees could be foreclosed whenever the government chooses to moot an action under the [FOIA] by supplying, during the pendency of the litigation, the material sought in the complaint.”); Vermont Low Income, 546 F.2d at 513 (“Congress clearly did not mean that where [a] FOIA suit had gone to trial and developments made it apparent that the judge was about to rule for the plaintiff, the Government could abort any award of attorney fees by an eleventh hour tender of the information requested.”); Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977) (surveying cases that held that a surrender of documents before final judicial action did not preclude a grant of fees); see also Cuneo, 553 F.2d at 1365 (“The case would never have reached the status it did if appellant had not doggedly pursued the matter.”); Exner, 443 F.Supp. at 1353 (plaintiffs “dogged determination” in a vigorous and hard-fought litigation, where the “government presented a very formidable opposition” and “[v]irtually everything the plaintiff attempted to do was vigorously opposed,” showed that the lawsuit was the cause of the production)." }
7,800,354
b
This resolution of the facial conflict by recognizing reasonable spheres of respective applicability gives effect to each set of terms and gives the parties and the drafters of the documents credit for coherent thinking.
{ "signal": "see", "identifier": null, "parenthetical": "\"Justice, common sense and the probable intention of the parties are guides to construction of a written instrument.\"", "sentence": "See Stop & Shop, Inc. v. Ganem, 347 Mass. 697, 200 N.E.2d 248, 251 (1964) (“Justice, common sense and the probable intention of the parties are guides to construction of a written instrument.”); see also Fishman v. LaSalle Nat’l Bank, 247 F.3d 300, 302 (1st Cir. 2001) (stating, in interpreting a contract subject to Massachusetts law, that “[cjommon sense is as much a part of contract interpretation as is the dictionary or the arsenal of canons”). We accordingly hold the terms of the Non-Contravention Agreement entitled to apply on the facts of this case, without nullification by the Loan Agreement’s non-re-, course clause." }
{ "signal": "see also", "identifier": "247 F.3d 300, 302", "parenthetical": "stating, in interpreting a contract subject to Massachusetts law, that \"[cjommon sense is as much a part of contract interpretation as is the dictionary or the arsenal of canons\"", "sentence": "See Stop & Shop, Inc. v. Ganem, 347 Mass. 697, 200 N.E.2d 248, 251 (1964) (“Justice, common sense and the probable intention of the parties are guides to construction of a written instrument.”); see also Fishman v. LaSalle Nat’l Bank, 247 F.3d 300, 302 (1st Cir. 2001) (stating, in interpreting a contract subject to Massachusetts law, that “[cjommon sense is as much a part of contract interpretation as is the dictionary or the arsenal of canons”). We accordingly hold the terms of the Non-Contravention Agreement entitled to apply on the facts of this case, without nullification by the Loan Agreement’s non-re-, course clause." }
12,276,674
a
This resolution of the facial conflict by recognizing reasonable spheres of respective applicability gives effect to each set of terms and gives the parties and the drafters of the documents credit for coherent thinking.
{ "signal": "see", "identifier": "200 N.E.2d 248, 251", "parenthetical": "\"Justice, common sense and the probable intention of the parties are guides to construction of a written instrument.\"", "sentence": "See Stop & Shop, Inc. v. Ganem, 347 Mass. 697, 200 N.E.2d 248, 251 (1964) (“Justice, common sense and the probable intention of the parties are guides to construction of a written instrument.”); see also Fishman v. LaSalle Nat’l Bank, 247 F.3d 300, 302 (1st Cir. 2001) (stating, in interpreting a contract subject to Massachusetts law, that “[cjommon sense is as much a part of contract interpretation as is the dictionary or the arsenal of canons”). We accordingly hold the terms of the Non-Contravention Agreement entitled to apply on the facts of this case, without nullification by the Loan Agreement’s non-re-, course clause." }
{ "signal": "see also", "identifier": "247 F.3d 300, 302", "parenthetical": "stating, in interpreting a contract subject to Massachusetts law, that \"[cjommon sense is as much a part of contract interpretation as is the dictionary or the arsenal of canons\"", "sentence": "See Stop & Shop, Inc. v. Ganem, 347 Mass. 697, 200 N.E.2d 248, 251 (1964) (“Justice, common sense and the probable intention of the parties are guides to construction of a written instrument.”); see also Fishman v. LaSalle Nat’l Bank, 247 F.3d 300, 302 (1st Cir. 2001) (stating, in interpreting a contract subject to Massachusetts law, that “[cjommon sense is as much a part of contract interpretation as is the dictionary or the arsenal of canons”). We accordingly hold the terms of the Non-Contravention Agreement entitled to apply on the facts of this case, without nullification by the Loan Agreement’s non-re-, course clause." }
12,276,674
a
P 11 On appeal, we presume the trial court exercised its discretion by considering all the relevant factors to determine whether to forfeit the entire bond amount or only a portion thereof.
{ "signal": "cf.", "identifier": "132 Ariz. 35, 37", "parenthetical": "difference in judicial opinion not synonymous with abuse of discretion", "sentence": "Cf. State v. Mincey, 141 Ariz. 425, 432, 687 P.2d 1180, 1187 (1984); Quigley v. City Court, 132 Ariz. 35, 37, 643 P.2d 738, 740 (App.1982) (difference in judicial opinion not synonymous with abuse of discretion)." }
{ "signal": "see", "identifier": "209 Ariz. 51, ¶ 32", "parenthetical": "appellate court presumes trial court knows law and applied correct standard unless presumption rebutted by record", "sentence": "See Fuentes v. Fuentes, 209 Ariz. 51, ¶ 32, 97 P.3d 876, 883 (App.2004) (appellate court presumes trial court knows law and applied correct standard unless presumption rebutted by record). And we do not re-weigh those factors to determine whether we would reach the same decision as the trial court." }
4,041,324
b
P 11 On appeal, we presume the trial court exercised its discretion by considering all the relevant factors to determine whether to forfeit the entire bond amount or only a portion thereof.
{ "signal": "see", "identifier": "209 Ariz. 51, ¶ 32", "parenthetical": "appellate court presumes trial court knows law and applied correct standard unless presumption rebutted by record", "sentence": "See Fuentes v. Fuentes, 209 Ariz. 51, ¶ 32, 97 P.3d 876, 883 (App.2004) (appellate court presumes trial court knows law and applied correct standard unless presumption rebutted by record). And we do not re-weigh those factors to determine whether we would reach the same decision as the trial court." }
{ "signal": "cf.", "identifier": "643 P.2d 738, 740", "parenthetical": "difference in judicial opinion not synonymous with abuse of discretion", "sentence": "Cf. State v. Mincey, 141 Ariz. 425, 432, 687 P.2d 1180, 1187 (1984); Quigley v. City Court, 132 Ariz. 35, 37, 643 P.2d 738, 740 (App.1982) (difference in judicial opinion not synonymous with abuse of discretion)." }
4,041,324
a
P 11 On appeal, we presume the trial court exercised its discretion by considering all the relevant factors to determine whether to forfeit the entire bond amount or only a portion thereof.
{ "signal": "see", "identifier": "97 P.3d 876, 883", "parenthetical": "appellate court presumes trial court knows law and applied correct standard unless presumption rebutted by record", "sentence": "See Fuentes v. Fuentes, 209 Ariz. 51, ¶ 32, 97 P.3d 876, 883 (App.2004) (appellate court presumes trial court knows law and applied correct standard unless presumption rebutted by record). And we do not re-weigh those factors to determine whether we would reach the same decision as the trial court." }
{ "signal": "cf.", "identifier": "132 Ariz. 35, 37", "parenthetical": "difference in judicial opinion not synonymous with abuse of discretion", "sentence": "Cf. State v. Mincey, 141 Ariz. 425, 432, 687 P.2d 1180, 1187 (1984); Quigley v. City Court, 132 Ariz. 35, 37, 643 P.2d 738, 740 (App.1982) (difference in judicial opinion not synonymous with abuse of discretion)." }
4,041,324
a
P 11 On appeal, we presume the trial court exercised its discretion by considering all the relevant factors to determine whether to forfeit the entire bond amount or only a portion thereof.
{ "signal": "cf.", "identifier": "643 P.2d 738, 740", "parenthetical": "difference in judicial opinion not synonymous with abuse of discretion", "sentence": "Cf. State v. Mincey, 141 Ariz. 425, 432, 687 P.2d 1180, 1187 (1984); Quigley v. City Court, 132 Ariz. 35, 37, 643 P.2d 738, 740 (App.1982) (difference in judicial opinion not synonymous with abuse of discretion)." }
{ "signal": "see", "identifier": "97 P.3d 876, 883", "parenthetical": "appellate court presumes trial court knows law and applied correct standard unless presumption rebutted by record", "sentence": "See Fuentes v. Fuentes, 209 Ariz. 51, ¶ 32, 97 P.3d 876, 883 (App.2004) (appellate court presumes trial court knows law and applied correct standard unless presumption rebutted by record). And we do not re-weigh those factors to determine whether we would reach the same decision as the trial court." }
4,041,324
b
Defendants do not dispute that treatment for HCV is a serious medical need.
{ "signal": "see", "identifier": "2004 WL 628784, at *5", "parenthetical": "\"It is well-established that Hepatitis C qualifies as a serious condition for purposes of an Eighth Amendment analysis.\"", "sentence": "See Pabon v. Wright, 2004 WL 628784, at *5 (S.D.N.Y. March 29, 2004) (“It is well-established that Hepatitis C qualifies as a serious condition for purposes of an Eighth Amendment analysis.”); Johnson v. Wright, 234 F.Supp.2d 352, 360 (S.D.N.Y.2002) (holding that HCV constitutes an objectively serious medical condition)." }
{ "signal": "cf.", "identifier": "385 F.3d 1133, 1137", "parenthetical": "agreeing with district court's determination that although HCV infection was a serious medical need, the issue was whether inmate had serious medical need for immediate interferon treatment", "sentence": "Cf. Bender v. Regier, 385 F.3d 1133, 1137 (8th Cir.2004) (agreeing with district court’s determination that although HCV infection was a serious medical need, the issue was whether inmate had serious medical need for immediate interferon treatment)." }
2,792,026
a
The government fails to respond to this argument. The Court's own research found that California courts recognize a duty may arise from a promise, if the defendant has reason to believe the plaintiff will rely on the promise to his detriment.
{ "signal": "see also", "identifier": null, "parenthetical": "\"It is well established that a person may become liable in tort for negligently failing to perform a voluntarily assumed undertaking even in the absence of a contract to do so.\"", "sentence": "See Aim Insurance Co. v. Culcasi, 229 Cal.App.3d 209, 215, 280 Cal.Rptr. 766 (1991); Bloomberg v. Interinsurance Exchange, 162 Cal.App.3d 571, 575-576 (1984) (Auto club’s undertaking to send a tow truck, upon which victim relied, resulted in a duty to act with care.); See also Valdez v. Taylor Auto. Co., 129 Cal.App.2d 810, 278 P.2d 91 (1954) (“It is well established that a person may become liable in tort for negligently failing to perform a voluntarily assumed undertaking even in the absence of a contract to do so.”). It was reasonable for Western to believe Quechan would rely on its repeated promises to avoid eligible sites and cause no additional impacts." }
{ "signal": "see", "identifier": "162 Cal.App.3d 571, 575-576", "parenthetical": "Auto club's undertaking to send a tow truck, upon which victim relied, resulted in a duty to act with care.", "sentence": "See Aim Insurance Co. v. Culcasi, 229 Cal.App.3d 209, 215, 280 Cal.Rptr. 766 (1991); Bloomberg v. Interinsurance Exchange, 162 Cal.App.3d 571, 575-576 (1984) (Auto club’s undertaking to send a tow truck, upon which victim relied, resulted in a duty to act with care.); See also Valdez v. Taylor Auto. Co., 129 Cal.App.2d 810, 278 P.2d 91 (1954) (“It is well established that a person may become liable in tort for negligently failing to perform a voluntarily assumed undertaking even in the absence of a contract to do so.”). It was reasonable for Western to believe Quechan would rely on its repeated promises to avoid eligible sites and cause no additional impacts." }
3,603,208
b
The government fails to respond to this argument. The Court's own research found that California courts recognize a duty may arise from a promise, if the defendant has reason to believe the plaintiff will rely on the promise to his detriment.
{ "signal": "see", "identifier": "162 Cal.App.3d 571, 575-576", "parenthetical": "Auto club's undertaking to send a tow truck, upon which victim relied, resulted in a duty to act with care.", "sentence": "See Aim Insurance Co. v. Culcasi, 229 Cal.App.3d 209, 215, 280 Cal.Rptr. 766 (1991); Bloomberg v. Interinsurance Exchange, 162 Cal.App.3d 571, 575-576 (1984) (Auto club’s undertaking to send a tow truck, upon which victim relied, resulted in a duty to act with care.); See also Valdez v. Taylor Auto. Co., 129 Cal.App.2d 810, 278 P.2d 91 (1954) (“It is well established that a person may become liable in tort for negligently failing to perform a voluntarily assumed undertaking even in the absence of a contract to do so.”). It was reasonable for Western to believe Quechan would rely on its repeated promises to avoid eligible sites and cause no additional impacts." }
{ "signal": "see also", "identifier": null, "parenthetical": "\"It is well established that a person may become liable in tort for negligently failing to perform a voluntarily assumed undertaking even in the absence of a contract to do so.\"", "sentence": "See Aim Insurance Co. v. Culcasi, 229 Cal.App.3d 209, 215, 280 Cal.Rptr. 766 (1991); Bloomberg v. Interinsurance Exchange, 162 Cal.App.3d 571, 575-576 (1984) (Auto club’s undertaking to send a tow truck, upon which victim relied, resulted in a duty to act with care.); See also Valdez v. Taylor Auto. Co., 129 Cal.App.2d 810, 278 P.2d 91 (1954) (“It is well established that a person may become liable in tort for negligently failing to perform a voluntarily assumed undertaking even in the absence of a contract to do so.”). It was reasonable for Western to believe Quechan would rely on its repeated promises to avoid eligible sites and cause no additional impacts." }
3,603,208
a
These undisputed facts demonstrate that the District's sexual harassment policies and response to Harper's complaint were "both reasonable and vigorous."
{ "signal": "see also", "identifier": "213 F.3d 278, 286-87", "parenthetical": "employee's admitted knowledge of employer's policy prohibiting sexual harassment and complaint procedure and employer's prompt investigation of complaint showed that employer \"exercised reasonable care to prevent and, if not prevented, to correct promptly any sexually harassing behavior by supervisory personnel\"", "sentence": "Scrivner v. Socorro Indep. Sch. Dist, 169 F.3d 969, 971 (5th Cir.1999) (school district’s anti-discrimination policy, swift response to harassment complaints, and acceptance of harasser’s resignation was sufficient to establish first prong of affirmative defense); see also Casiano v. AT&T Corp., 213 F.3d 278, 286-87 (5th Cir.2000) (employee’s admitted knowledge of employer’s policy prohibiting sexual harassment and complaint procedure and employer’s prompt investigation of complaint showed that employer “exercised reasonable care to prevent and, if not prevented, to correct promptly any sexually harassing behavior by supervisory personnel”)." }
{ "signal": "no signal", "identifier": "169 F.3d 969, 971", "parenthetical": "school district's anti-discrimination policy, swift response to harassment complaints, and acceptance of harasser's resignation was sufficient to establish first prong of affirmative defense", "sentence": "Scrivner v. Socorro Indep. Sch. Dist, 169 F.3d 969, 971 (5th Cir.1999) (school district’s anti-discrimination policy, swift response to harassment complaints, and acceptance of harasser’s resignation was sufficient to establish first prong of affirmative defense); see also Casiano v. AT&T Corp., 213 F.3d 278, 286-87 (5th Cir.2000) (employee’s admitted knowledge of employer’s policy prohibiting sexual harassment and complaint procedure and employer’s prompt investigation of complaint showed that employer “exercised reasonable care to prevent and, if not prevented, to correct promptly any sexually harassing behavior by supervisory personnel”)." }
62,014
b
On appeal, Noel seeks to challenge the denial of CAT relief and also argues that he is entitled to asylum as a matter of discretion based on being subjected to an atrocious form of persecution. We cannot address these arguments, however, because Noel failed to raise them with the BIA.
{ "signal": "see", "identifier": null, "parenthetical": "explaining that we lack jurisdiction to review an issue an alien fails to raise before the BIA", "sentence": "See INA § 242(d)(1), 8 U.S.C. § 1252(d)(1) (requiring an alien to exhaust administrative remedies before seeking judicial review); Fernandez-Bernal v. U.S. Att’y Gen., 257 F.3d 1304, 1317 n. 13 (11th Cir.2001) (explaining that we lack jurisdiction to review an issue an alien fails to raise before the BIA); see also Alim v. Gonzales, 446 F.3d 1239, 1253 (11th Cir.2006) (explaining that to properly raise an issue before the BIA, the alien must mention the issue in his brief and discuss its merits or the basis for the IJ’s decision)." }
{ "signal": "see also", "identifier": "446 F.3d 1239, 1253", "parenthetical": "explaining that to properly raise an issue before the BIA, the alien must mention the issue in his brief and discuss its merits or the basis for the IJ's decision", "sentence": "See INA § 242(d)(1), 8 U.S.C. § 1252(d)(1) (requiring an alien to exhaust administrative remedies before seeking judicial review); Fernandez-Bernal v. U.S. Att’y Gen., 257 F.3d 1304, 1317 n. 13 (11th Cir.2001) (explaining that we lack jurisdiction to review an issue an alien fails to raise before the BIA); see also Alim v. Gonzales, 446 F.3d 1239, 1253 (11th Cir.2006) (explaining that to properly raise an issue before the BIA, the alien must mention the issue in his brief and discuss its merits or the basis for the IJ’s decision)." }
5,683,643
a