niryuu/sni-each-converted huggingface dataset:
further, the easement is silent with regard to its use for commercial purposes; it does not expressly permit or prohibit them.
Output: non-overruling
to the extent that this dictum is inconsistent with our holding here, we expressly overrule it.
Output: overruling
the forest preserve foreclosed and then bought the property at the foreclosure auction.
Output: non-overruling
the fact that plaintiff had present, albeit inconvenient, access to his land at the time of trial was of no effect in the evans decision, and insofar as curtman is inconsistent therewith, it must be overruled.
Output: overruling
therefore, lynch does not support the sweeping statement made by the haywood court; and because the haywood court clearly contradicts beaver in flatly stating that the state criminal judgment of a court not elected in accordance with the tennessee constitution is "wholly void," 195 tenn. at 273, 259 s.w.2d at 162, haywood is overruled to that extent.
Output: overruling
however, in our opinion, the loustalot case should be overruled for the reason that it misinterprets the decision of the supreme court in edwards v. royal indemnity company, 182 la. 171, 161 so. 191, where a different result was reached.
Output: overruling
accordingly, we approve the decision of the district court below and disapprove those of the courts in chessler, mitchell, and williams, to the extent that they conflict with this ruling.
Output: overruling
the components of the second inquirycompetency and complexityare ""necessarily intertwined,"" id. at 655, but the district court must still address both elements, id. at 649, 55. though ""we have resisted laying down categorical rules regarding recruitment of counsel,"" id. at 656, (and we continue to do so in this case), we have previously held that a district court abuses its discretion when it does not take note of ""certain circumstances [that] demand particular judicial consideration.""
Output: non-overruling
##note: armistead v. state personnel bd. is the case at bar, reversed.
Output: overruling
accordingly, we overrule white v. stewarts dry goods co., reaffirm palmore v. jones, supra, and hold that the reasoning expressed in palmore applies as well to krs 342.750 as to krs 342.730(3).
Output: overruling
for clarity, we overrule bruce's interpretation that escalation clauses must be tied to all four factors.
Output: overruling
we do not ask whether ferc's ""decision is the best one possible or even whether it is better than the alternatives.""
Output: non-overruling
because rigazio's tax returns were not relevant to whether defendant committed theft, defendant cannot show that he was prejudiced by her counsel's failure to subpoena them.
Output: non-overruling
the language to the contrary in perez is disapproved.
Output: overruling
alvarez-machain'?, cursory analysis contains two errors that lead us to overrule it.
Output: overruling
the superior court reasoned that four justices in l.b.m. would have permitted the gal to represent the child in the tpr hearing when the child's best interests and legal interests did not conflict.
Output: non-overruling
apparently every other circuit has decided that the reasons against having the rule outweigh those that favor it, at least where the supreme court issues a decision that upsets precedent relevant to a pending case and thereby provides an appellant with a new theory or claim.
Output: overruling
darrow v. beneficial finance company and hewlett v. john blue employees credit union, supra, are hereby specifically overruled.
Output: overruling
16 u.s.c.  1532(6), (20).
Output: non-overruling
thereafter, on june 14, 2017  during the pendency of this restricted appeal  this court withdrew its opinion and order from the original proceeding dated december 6, 2016 and substituted a new opinion and order, ultimately denying rph's request for mandamus relief.
Output: non-overruling
daugherty v. hershberger, 386 pa. 367, 126 a.2d 730 (1956), was wrongly decided and must be overruled.
Output: overruling
to the extent that samaniego-meraz conflicts with our holding today, it is overruled.
Output: overruling
we agree with the fourth district.
Output: non-overruling
( id. at p. 574; see also people v. green (1980) 27 cal.3d 1, 67, disapproved on other grounds in people v. hall (1986) 41 cal.3d 826, 834, fn.
Output: overruling
in re carrington h., 483 s.w.3d 507, 522 (tenn.
Output: non-overruling
i have found no case that explains why a criminal defendant cannot pursue alternative defense theories that are both supported by the evidence, and why such an admission cannot be one simply for purposes of raising and presenting his affirmative defense.
Output: non-overruling
we agree with emery and disapprove people v. osorio
Output: overruling
for that reason, it is more consistent with mcdonnell douglas than matthews, which we now overrule.
Output: overruling
given that the question of whether the accused acted in self-defense is a fact issue for the trier of fact's determination and that "beyond a reasonable doubt" is the required level of proof, we disavow this language in the sufficiency of the evidence context.
Output: overruling
the petition includes statements from state bar staff confirming that no disciplinary, fee dispute arbitration, or client security fund matters are pending against spitzer; and that he is current on all membership fee payments and other financial commitments relating to his practice of law in this state.
Output: non-overruling
but detective kabler's report states that while detective baker conducted the initial interview with defendant, both detectives ultimately interviewed him together.
Output: non-overruling
see tex. code crim. proc. ann. art. 38.23 (west 2005) (providing that no evidence obtained in violation of constitution shall be admitted against accused and that ""[i]n any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a reasonable doubt, that the evidence was obtained in violation of the provisions of this article, then and in such event, the jury shall disregard any such evidence so obtained"").
Output: non-overruling
boykin v. george p. morehead living tr., no. m2014-00575-coa-r3-cv, 2015 wl 3455433, at *2 (tenn. ct. app. may 29, 2015) (quoting burgess v. tie co. 1, llc, 44 s.w.3d 922, 923 (tenn.
Output: non-overruling
see a.r.s.  13-105(9).
Output: non-overruling
as discussed elsewhere, the absence of that language in the mlssa supports overruling boutte.
Output: overruling
to the extent that langley, supra, supports the conclusion that a reasonable inference of guilt may be drawn from neutral, orderly courtroom demeanor, it is overruled.
Output: overruling
we therefore recede from dania to the extent that it conflicts with heggs.
Output: overruling
we disapprove of the line of cases from the courts of appeal allowing attorney's fees in the case of executory process.
Output: overruling
the second implies that the matter is not constitutionally entrusted to another branch, but that for prudential reasons we should not decide it anyway, leading to the inevitable consequence that another branch of government will decide the constitutional limits of its own power.
Output: non-overruling
both anderson, supra, and page, supra, are now expressly overruled.
Output: overruling
it also explicitly precludes review of ""whether the alien is actually inadmissible or entitled to any relief from removal,"" id.  1252(e)(5), and of ""any other cause or claim arising from or relating to the implementation or operation of"" the removal order, id.  1252(a)(2)(a)(i).
Output: non-overruling
of the twenty-one jurisdictions referred to by the court as applying the rule, six have since expressly overruled their earlier decisions on which this court relied: massachusetts (to the extent of automobile liability insurance), minnesota, new jersey, new york, pennsylvania, and virginia (in automobile accident litigation only).
Output: overruling
but an inference of a participation in a conspiracy based on presence must be accompanied by evidence that the defendant ""supported, assisted, encouraged, cooperated with, advised, or incited the principal in the commission of the crime, and that the defendant shared the criminal intent of the principal.""
Output: non-overruling
our holding overruling this aspect of copelin and similar cases has been circulated to and approved by the full court and thus constitutes the law of the circuit.
Output: overruling
however, in in re taylor, 84 b.r. 159, 160 (bankr.e.d.mo. 1988), judge barta distinguished wallace and concluded that because the debtor made required contributions pursuant to a collective bargaining agreement and had no control over the amount contributed or the manner or time of distribution, the debtor's pension plan was not self-settled.
Output: overruling
in keeping with this purpose, the federal circuit expressly overruled the dictum in rca that was informed by the totality of the circumstances test and which suggested that something less than a formal offer for sale could still trigger the on-sale bar.
Output: overruling
the cases of in re brown, supra, and lee v. mckay, supra, are disapproved in so far as their holding is in conflict with this opinion.
Output: overruling
our previous construction of the statute, krs 189.070(2),
Output: overruling
{8} after the interview was played, defense counsel asked wittich on cross-examination, ""when you were talking to mr. steelman, you were trying to get him to * * * implicate * * * third parties?"" wittich answered, ""if that was the truth, yes.""
Output: non-overruling
given its reasoning, i do not believe that the d.c. circuit would have reviewed the district court's order on interlocutory appeal.
Output: non-overruling
to the extent that some texas courts have recognized an exception to attorney negligence based on the subjective good faith of the attorney, those cases are disapproved.
Output: overruling
to the extent that this opinion causes conflict with earlier decisions such as holmes, those cases are overruled.
Output: overruling
for the reasons stated below, we overrule rock v. toan and reverse the judgment of the trial court.
Output: overruling
an alj may discount the opinion of an ""other source,"" such as a qualified mental health practitioner like daneke, if he provides a reason ""germane to [the] witness for doing so."" popa v. berryhill, 872 f.3d 901, 906 (9th cir. 2017)  (internal quotation marks omitted); see 20 c.f.r.  416.913 (2013).
Output: non-overruling
the issue is not preserved for our review.
Output: non-overruling
to the extent that prior opinions of the court of appeals are inconsistent with our holding today, we disapprove those decisions.
Output: overruling
for these reasons we believe that board of education v. chattin, supra, should be overruled to the extent that it conflicts with the views herein set out.
Output: overruling
board op. at *37.
Output: non-overruling
see id.; see also meyer v. jones, 696 n.w.2d 611, 614 (iowa 2005) (""when a state action threatens to deprive a person of a protected liberty or property interest, a person is entitled to procedural due process.""). procedural due process requires notice and the opportunity for hearing appropriate to the nature of the case.
Output: non-overruling
when, as in this case, a controversy no longer exists between the parties, the case becomes moot.
Output: non-overruling
lapeyrouse and terry are overruled to the extent that they differ from the views expressed in this opinion.
Output: overruling
changes in custody or parenting time may be modified only if the moving party demonstrates that modification is justified by proper cause or because of a change of circumstances.
Output: non-overruling
plunkett v. spaulding, supra, 52 cal.app.4th 114, is disapproved to the extent it is inconsistent with this opinion.
Output: overruling
we consider the reeves opinion unsound, and with it ream, its progeny.
Output: overruling
insofar as it is inconsistent with this conclusion the opinion of this court in people v. ruef, supra, 14 cal.app. 576, 623-632, is overruled.
Output: overruling
we have concluded the district court of appeal properly held in this cause that a lessee for a term of years is, for the purpose of the statute, an owner and, as such, is entitled to recover business damages under the provisions thereof, any holding of gross, supra, to the contrary notwithstanding.
Output: overruling
we disapprove of those cases in which courts of appeals have held differently.
Output: overruling
to the extent united states v. king, 521 f.2d 61 (10th cir. 1975), holds to the contrary, it is overruled.
Output: overruling
accordingly, the majority opinion in city of new orleans v. state, 364 so.2d 1020 (la. 1978), which was already undermined, is disapproved to the extent that it is inconsistent with the present opinion and other decisions of this court.
Output: overruling
we believe this is an appropriate opportunity to overrule apollo and to establish a new standard and procedure for handling the admissibility of coconspirator statements in criminal conspiracy trials.
Output: overruling
pace v edel-harrelson, 499 mich 1, 5 (2016).
Output: non-overruling
after careful and deliberate study of each of the cases and treatises cited by counsel for the respective parties, as supplemented by own independent research, we are constrained to overrule collins and adopt justice (later chief justice) gardner's dissent in that case.
Output: overruling
id. at 49,400-02.
Output: non-overruling
this proposal ignores the fact that the university tried, and failed, to increase diversity through enhanced consideration of socioeconomic and other factors.
Output: non-overruling
we went on to state that "any statement or intimation to the contrary in our prior decisions in ellis and mitchell is hereby expressly disapproved."
Output: overruling
id. nor would the transaction undermine the commission's ability to exercise its ""full regulatory powers"" over utilities.
Output: non-overruling
we hold that indiana code section 32-24-1-13(a) exempts the transportation department from any such requirement, thereby over-ruling decker v. state.
Output: overruling
20. an ineffective assistance of counsel claim based on the failure to file a suppression motion is without merit if trial counsel lacked a legal or factual basis to do so.
Output: non-overruling
a subsequent search of the vehicle revealed the presence of an additional syringe that had been hidden inside a purse located on the passenger side of the vehicle.
Output: non-overruling
these factors distinguish the case from the strawn and atkinson cases, supra, relied upon by plaintiff, and insofar as the duley case, supra, conflicts with the instant ruling on cause and effect it is no longer to be followed.
Output: overruling
we expressly reject the personal, firsthand, direct knowledge standard formulated by the court of appeals in eckler and allen.
Output: overruling
on that issue too, the court of appeals noted a division among the circuits.
Output: overruling
to the extent that they state that the appropriate standard is the preponderance standard, britt, buness, j.w., and todd are disapproved of.
Output: overruling
accordingly, we disavow language in brace and gallagher suggesting that because a public employee's claim of immunity is not a claim of sovereign immunity, its determination is not subject to interlocutory review.
Output: overruling
because we find our decision in valdes v. state, 3 so.3d 1067 (fla. 2009), controlling, we disapprove of the fourth district's decision in shazer and approve the fifth district's decision in mckinney.
Output: overruling
to the extent that they are inconsistent with the views expressed herein, donnellan v. hite, supra, 139 cal.app.2d 43, and wallace v. superior court, supra, 141 cal.app.2d 771 are hereby disapproved, and matter of snyder, supra, 158 cal. 218 is overruled.
Output: overruling
held: courts are not required to analyze the doe factors each time a party asserts that a privacy interest exists.
Output: non-overruling
see schaffer by schaffer, 74 f.3d at 731.
Output: non-overruling
bradley fails to show that a rational jury could not have found that the evidence, viewed in a light most favorable to the prosecution, supports her conviction beyond reasonable doubt.
Output: non-overruling
the simple fact is that this board does not have jurisdiction to consider the merits of a claim once we determine that an appeal is untimely, as it was here. . . . legally, we can do nothing but dismiss this appeal.""
Output: non-overruling
to the extent that northwest arctic regional educ. attendance area v. alaska public service employees, local 71, 591 p.2d 1292, 1297 (alaska 1979) contains language to the contrary, we disapprove it.
Output: overruling
as the comments to the nca suggest, this approach to calculating deficiencies is ""the more equitable approach"" that properly balances the concerns of creditors left with large unpaid   balances when a consumer defaults after purchase and the interest in shielding consumers from unnecessary or unnecessarily inflated deficiency claims.
Output: non-overruling
for all the foregoing reasons, friesen v. city of glendale, supra, 209 cal. 524, is overruled and lombardy v. peter kiewit sons' co., supra, 266 cal.app.2d 599, is disapproved to the extent that they are inconsistent with the views herein expressed.
Output: overruling
to the extent that these decisions are inconsistent with the views hereinafter expressed, they are disapproved.
Output: overruling
we therefore reverse the order denying the motion to suppress and recede from any language in moskowitz which could be interpreted contrary to our holding in this case.
Output: overruling
see id. at 847-850.
Output: non-overruling
qualified immunity protects ""all but the plainly incompetent or those who knowingly violate the law.""
Output: non-overruling
634 f.3d at 870.
Output: non-overruling
a pure ""charge offense"" system, however, also has serious problems.
Output: non-overruling
because on the date vetri ny applied for the 2016 koz benefits, march 24, 2016, vetri ny was not actively conducting a business within the navy yard koz, dced argues vetri ny could not be certified as a qualified business for any of 2016 and the application for koz benefits for january 2016 was properly denied.
Output: non-overruling
see also williams v. state, 268 ga. 488, 490 (491 se2d 377) (1997).
Output: non-overruling
id., at , 134 s.ct., at 2535 (internal quotation marks omitted).
Output: non-overruling
wayman argued that in ogle this court expressly overruled strickland v. mobile towing wrecking co., 293 ala. 348, 303 so.2d 98 (1974), upon which, wayman argues, downtown nursing home relied, thereby effectively overruling downtown nursing home.
Output: overruling
we agree with appellant that this court incorrectly applied the controlling statute in the hitaffer case, and for the reasons now discussed we overrule hitaffer v. argonne co. as to the interpretation of section 5 of the act.
Output: overruling
we further held that unliquidated debts could be acknowledged, overruling jurisprudence to the contrary.
Output: overruling
to the extent the court of appeal decisions in ashford v. culver city unified school dist., supra, 130 cal.app.4th 344, 29 cal.rptr.3d 728, sierra club v. contra costa county., supra, 10 cal.app.4th 1212, 13 cal.rptr.2d 182, newman v. state personnel bd., supra, 10 cal.app.4th 41, 12 cal.rptr.2d 601, and resource defense fund v. local agency formation com., supra, 191 cal.app.3d 886, 236 cal.rptr. 794, are inconsistent with the views expressed herein, those decisions are disapproved.
Output: overruling
this is not allowable.
Output: non-overruling
we therefore find that the cases relied on by the defense, state v. adams, 533 so.2d 1060 (la.app. 4th cir. 1988), and state v. porter, 615 so.2d 507 (la.app. 3d cir. 1993) (dictum only), are overruled.
Output: overruling
gipson-jelks v. gipson, 468 s.w.3d 600, 604 (tex. app.houston [14th dist.] 2015, no pet.).
Output: non-overruling
to the extent barrett is inaccurate, it is not to be followed.
Output: overruling
winter v. wolnitzek, 834 f.3d 681, 691 (6th cir. 2016) (quoting webster's third new international dictionary 749 (3d ed. 2002)).
Output: non-overruling
million dollars.""
Output: non-overruling
therefore, we decline to follow the courts that have reasoned that only acts that have an affirmative element of misrepresentation or false statement are probative of truthfulness, because these holdings create an unduly narrow category of acts that reflect on one's character for truthfulness.
Output: overruling
we overruled two cases [t]o the extent ... [that they] rely on  143330 to permit the appeal of interlocutory orders of the alc or an administrative agency.
Output: overruling
because, as a result, we overrule people v. caudillo (1978) 21 cal.3d 562 ( caudillo), we do not apply the holding retroactively to defendant.
Output: overruling
less than two years ago, this court decided webb v. sowell, 387 s.c. 328, 692 s.e.2d 543 (2010), which held that ordering a non-custodial parent to pay college expenses violates equal protection, thus overruling thirty years of precedent flowing from risinger v. risinger.
Output: overruling
and although thompson arguably expressed a desire to have fewer pregnant subordinates, she didn't suggest that fassbender's pregnancy somehow made her unqualified for her position.
Output: non-overruling
accordingly, to the extent crawford and abrams may be read to require the assistance of counsel during an initial summary proceeding where a defendant is found guilty of direct criminal contempt, prior to separate proceedings where the defendant is actually sentenced to imprisonment, those cases are expressly disapproved.
Output: overruling
first, a.p.'s prior statements were admitted as evidence of the material fact that appellant committed the charged offenses.
Output: non-overruling
28. contracts: proof.
Output: non-overruling
insofar as they hold to the contrary, brown and ray should no longer be followed.
Output: overruling
we disapprove of those courts of appeals' decisions holding that this error is harmless if any evidence supports a properly submitted liability theory.
Output: overruling
although we conclude the commission's new interpretation is not supported by the statutory language, our inquiry is not over because we must also consider whether das network operators' services include actually furnishing cmrs. crown castle asserts that the commission's conclusion that das network operators furnish cmrs is erroneous because its network cannot furnish (supply or provide) cmrs where it: has no control over the generation of the radio transmissions that are transported via its network; has no license for spectrum to facilitate the radio communication between the node and the end-user's cell phone - the wsp owns that spectrum; and has no customer relationship with that end-user - who is the wsp's customer.
Output: non-overruling
we also have determined that the doctrine of legislative acquiescence in the wake of that decision does not command us, or persuade us, to adhere to that rule.
Output: overruling
1984); colvin v. state , 431 so.2d 1134, 1136 (miss.
Output: overruling
it is our opinion that the huester ruling gave the section an unduly narrow construction; we overrule it and affirm the decision of the lower court on this point.
Output: overruling
id. at 359-60; see also bukowski v. city of akron, 326 f.3d 702, 710 (6th cir. 2003).
Output: non-overruling
by our holding today, we recede from this court's previous opinions in robertson, jimenez, and raleigh, a decision which we do not undertake lightly.
Output: overruling
the doctrine of carlson should be, and is hereby, overruled on the ground it violates  78-34-10(1) and (2).
Output: overruling
accordingly, it is overruled.
Output: overruling
the admissions office also undertakes regular ""reliability analyses"" to ""measure the frequency of readers scoring within one point of each other.""
Output: non-overruling
accordingly, we hereby recede from the statement referred to above in barr v. state, supra, and the judgment and sentence for contempt is
Output: overruling
under such circumstances, notwithstanding the language used in hicks v. hamilton, supra, which case in so far as same is in conflict with our holding herein is overruled, we cannot subscribe to the contention that it is an absolute requisite to good and valid service that defendants actually receive a copy of the summons and petition in order to vest jurisdiction in the courts of this state, out of which the summons was issued, as to do so would destroy the intent and purpose of the law.
Output: overruling
the dissent contends that "the majority has chosen to recede from johnson without conducting a stare decisis analysis and without acknowledging that it is receding from our precedent.
Output: overruling
after considering the aba's standards for imposing lawyer sanctions, the committee determined that the baseline sanction is suspension.
Output: non-overruling
accordingly, we expressly overrule any cases that hold to the contrary.
Output: overruling
consequently, the proposed claims against clay would be futile, and we conclude that there was no abuse of discretion in denying the plaintiff's motion to amend.
Output: non-overruling
for the reasons assigned, the judgment of the court of appeal maintaining the plea of prescription in favor of american home assurance company as the state's insuror is reversed and the prescriptive plea is overruled.
Output: overruling
when officer darrell sexton went to the petitioner's residence, the petitioner refused to allow officer sexton inside the residence and spoke to him through a security door.
Output: non-overruling
no fiduciary relationship exists here.
Output: non-overruling
as the issue of judge loo's rulings has been addressed in previous appeals, and we decline to reexamine the issue in the instant appeals, even if the motion was erroneously denied, it was harmless.
Output: non-overruling
id. prejudice or injury may be created if a party, with knowledge of the relevant facts, permits the passing of time to work a change of circumstances by the other party.
Output: non-overruling
to the extent that walsh v. local board 10, 305 f.supp. 1274 (s.d. n.y. 1969), construed "academic year" to mean the 12 month period following the beginning of the registrant's course of study, we disapprove that construction.
Output: overruling
a, c s, aligning itself with east river, expressly rejects pennsylvania glass, which, as we have stated, provided the basis for vaughn's damage to the product itself tort recovery.
Output: overruling
i am troubled by the majority's decision to overrule these cases without first balancing the reliance interests that will be disturbed by overruling these cases against the costs of adhering to the holdings in smith and tatum in order to determine whether the dictates of stare decisis justify overruling those cases.
Output: overruling
to the extent that they are inconsistent with this opinion, haines, 428 so.2d 590 (miss.
Output: overruling
we quash the decision of the first district in this case and disapprove its decisions in lundy, wood, and campbell.
Output: overruling
holland v. arthur andersen & co., 212 ill. app. 3d 645, 650 (1991).
Output: non-overruling
there, the cleveland board of education fired loudermill, a security guard, after determining that he had lied on his job application when he stated that he had never been convicted of a felony.
Output: non-overruling
29 additionally, even if the state had allowed the plea, he has not shown that the trial court would have accepted a plea when he denied the nonconsensual confinement facts in the complaint as to false imprisonment or would have accepted an
Output: non-overruling
the court of appeals therefore erred when it employed a treating physician rule lacking department of labor endorsement in holding that nord was entitled to summary judgment.
Output: overruling
see abelesz v. magyar nemzeti bank, 692 f.3d 661, 671, 678-86, 694-95 (7th cir. 2012).
Output: non-overruling
as mentioned earlier, local government units can be held liable for  1983 claims only if a constitutional violation has occurred.
Output: non-overruling
the en banc court unanimously votes to overrule morin v. helfrick, 930 s.w.2d 733, 738 (tex.app.  houston [1st dist.] 1996, no writ), as set out in part a, footnote 4, of the opinion.
Output: overruling
overall, treating the motion as an amendment to defendants' new matter did not limit robinson's ability to present this case because common pleas afforded him the opportunity to amend his complaint and the district court had already thoroughly evaluated the merits of this case.
Output: non-overruling
we do not believe that this procedure is necessary, and we overrule littrell to the extent it limits the commonwealth's appeal of a new trial order to a certification of the law.
Output: overruling
shook and similar cases should not be followed to the extent they require imputing income from retirement and ira accounts in every case.
Output: overruling
indeed, the legislature was aware that certain sensitive material must be carefully reviewed and anticipated that some of the information under review may never reach the public's eyes. statement to third official copy reprint of a. 1030 12 (""[n.j.s.a. 10:4-13] requires that whenever a public body seeks to meet in private it must first pass a resolution . . . [that] must also state the general nature of the matters to be discussed and approximately when, if ever, the matters discussed can be made public.""
Output: non-overruling
in addition, we overrule our prior precedent in ferreira v. sec'y for the dep't of corr., 183 fed.appx. 885 (11th cir.2006) and rainey v. sec'y for the dep't of corr., 443 f.3d 1323 (11th cir.2006), to the extent they are inconsistent with the supreme court's holding in burton v. stewart,
Output: overruling
there is a rational connection between its impoundments of prison legal news based on the magazine's ad content and prison security and public safety interests.
Output: non-overruling
consistent with our discussion in floyd concerning congress's authority to regulate court procedures, and pursuant to the directives of the rules enabling act, we must abandon our holding in floyd that once the district court has certified that an appeal from a non-prisoner would not be taken in good faith, the litigant may not proceed in forma pauperis on appeal.
Output: overruling
""the plaintiff in a rear-end accident case must prove specific acts of negligence on the part of the following driver.""
Output: non-overruling
we specifically recede from salley v. city of st. petersburg, 511 so.2d 975 (fla. 1987), to the extent that it suggests that appellate fees may be awarded, even if a party fails to comply with the substantive requirements of florida rule of appellate procedure 9.400(b).
Output: overruling
although some cases stressed the basic statutory purpose of protecting the integrity of prisons ( in re haines (1924) 68 cal.app. 522, 526-527 [ 229 p. 984]; people v. mackie (1929) 100 cal.app. 292, 293 [ 279 p. 821]; people v. serrano (1932) 123 cal.app. 339 [ 11 p.2d 81]; see in re haines (1925) 195 cal. 605 [ 234 p. 883]) others assumed that the statute applied at the moment a person was lawfully arrested.
Output: overruling
(loeffler, supra, 58 cal.4th at p. 1129.)
Output: non-overruling
the relevant court order did not ask dr. goff or anyone else to provide the defense with help in evaluating, preparing, and presenting its case.
Output: non-overruling
""our court has repeatedly noted the doctrine of equitable tolling does not apply to section 822.3."" larimer v. state, no. 17-0276, 2018 wl 739301, at *1 n.1 (iowa ct. app. feb. 7, 2018) (application for further review seeking recognition of equitable tolling denied apr. 4, 2018).
Output: non-overruling
thus, boswell and cruse have been, at best, outlying cases concerning the effect of "as is" clauses in agreements involving the sale of used real property, and we overrule boswell and cruse to the extent that they stand for a proposition different than that expressed in clay kilgore constr., nesbitt, moore, leatherwood, haygood, o'connor, and massey.
Output: overruling
any expressions in the earlier cases to the contrary are overruled.
Output: overruling
in sum, we hold that peck did not refuse to perform the duties of his employment with the company when he declined to assume the different duties of a different position in a different location.
Output: non-overruling
to the extent it has any vitality left, we disagree with perumal.
Output: overruling
upon further consideration we reverse our prior ruling in this case and overrule our holding in butera and its progeny.
Output: overruling
we overrule vasquez, under which innocent possession of a worn or altered autoloader can result in jail time
Output: overruling
we disapprove herzog to the extent that it is inconsistent with this opinion.
Output: overruling
see id.  275(a)(4) (""no deduction shall be allowed for the following taxes: . . . excess profits taxes imposed by the authority of any foreign country . . . if the taxpayer chooses to take to any extent the benefits of [] 901.""); 26 c.f.r.  1.901-1(h)(2) (""taxpayers who are denied the credit for taxes for particular taxable years are the following: . . . [a] taxpayer who elects to  deduct taxes paid or accrued to any foreign country . . . [pursuant to sections] 164 and 275."").
Output: non-overruling
app. 2004) (quoting 2003 minn. laws 1st spec. sess. ch. 2, art. 9,  1, at 1446), review denied (minn.
Output: non-overruling
today, in line with the united states supreme court precedent in macdonald and our court of appeals' admonitions, we hereby overrule our decisions in callaway and in boseman.
Output: overruling
see general statutes  51-199 (c).
Output: non-overruling
in this regard, we return to and adopt judge sullivan's conclusion in hiscapes opinion, 615 n.e.2d at 455 (which we originally disapproved in our capes opinion
Output: overruling
see smith v. babcock & wilcox constr. co., 913 s.w.2d 467, 468 (tex. 1995) (per curiam).
Output: non-overruling
the contrary conclusion of some lower courts rests on the following logic: the term "information" in subparagraph (b) must be read in tandem with the term "information" in sub-paragraph (a), and the term "information" in subparagraph (a) refers to the information on which the publicly disclosed allegations are based.
Output: overruling
based on the evidence of record cited by the trial court, we conclude that sufficient evidence did exist on the record to warrant submission of septa to the jury for apportionment of liability.
Output: non-overruling
wood v. starko, 197 s.w.3d 255, 257 (tenn.
Output: non-overruling
the case of state ex rel. city of st. louis v. public service commission, 362 mo. 977, 245 s.w.2d 851, which the principal opinion overrules, was, in my opinion, soundly ruled and should be followed.
Output: overruling
in light of the apparent weight of authority and persuasive scholarly reasoning in support of defendant's position, we find that a sufficient and sound basis exists for departing from the malice in law standard followed in terry.
Output: overruling
the defendant then filed a motion for new trial on march 2, 2017, which the commonwealth opposed and a judge denied.
Output: non-overruling
therefore, we must hold that, contrary to our earlier decisions in homa and in this case, the rule established by the new jersey supreme court in muhammad is preempted by the faa.
Output: overruling
because this understanding is inconsistent with the approach of nutall, we have circulated this opinion to all active judges under circuit rule 40(e).
Output: overruling
the court held that the fifth amendment due process clause gave her a damages remedy
Output: non-overruling
insofar as tucker suggests that a maximum-sentence agreement forecloses such issues, and thus provides support for the notion that a certificate of probable cause is necessary to raise them on appeal, tucker, like stewart, should be disapproved
Output: overruling
the rps sent a letter to ms. holman, dated october 29, 2013, notifying her of the medical board's decision and informing her that she may submit a written request for reconsideration within 30 days or else it would close her file and terminate her disability claim pursuant to code of maryland regulations (""comar"") 22.06.03.03c(4).
Output: non-overruling
we disapprove cristich v. allen engineering, inc., 458 so.2d 76 (fla. 5th dca 1984), to the extent it conflicts with the present opinion.
Output: overruling
one was from her accounting expert, tom levato. levato identified scores of purported deficiencies in john's production of documents during discovery.
Output: non-overruling
gaines, 292 f.3d at 1224.
Output: non-overruling
in din, justice kennedy reiterated that ""respect for the political branches' broad power over the creation and administration of the immigration system"" meant that the government need provide only a statutory citation to explain a visa denial.
Output: non-overruling
under ors 137.123(1), ""[a] sentence shall be deemed to be a concurrent term unless the judgment expressly provides for consecutive sentences.""
Output: non-overruling
see id.  73.001 (west 2017) (defining libel as ""defamation expressed in written or other graphic form"").
Output: non-overruling
to hold otherwise would be to permit counsel to frivolously expose their adversaries to unnecessary litigation costs.
Output: non-overruling
this rebuttable inference stands even when the [s]tate offers no evidence of how the defendant came to possess the vehicle in which drugs were found."" (quoting lee v. state, 835 so. 2d 1177, 1179 (fla. 4th dca 2002))).
Output: non-overruling
plaintiffs rejected the deal, at which point it was dead.
Output: non-overruling
"" this ""expansive statutory language"" has been interpreted to require the juvenile court "" 'to consider the totality of the circumstances of the child and his or her sibling in determining whether the child is at substantial risk of harm, within the meaning of any of the subdivisions enumerated in [section 300,] subdivision (j).' "" (in re ashley b. (2011) 202 cal.app.4th 968, 982-983.)
Output: non-overruling
this court's prior holding in atoka, inc. v. thornton, 566 s.w.2d 686 (tex.civ.app.  eastland 1978, no writ), is expressly overruled insofar as it holds that an order of dismissal for want of prosecution also disposes of the cross action by implication.
Output: overruling
see 6th cir. (""published panel opinions are binding on later panels.
Output: non-overruling
miranda is inconsistent with the earlier issued opinion in garcia, we decline to follow it based on this circuit's rule that one panel may not overrule a prior panel opinion and the earlier precedent controls.
Output: overruling
a more in-depth summary of the factual history underlying this lawsuit can be found in hunter v. town of mocksville, 789 f.3d 389 (4th cir. 2015), our earlier opinion in this case.
Output: non-overruling
any language in the crouch opinion contrary to this opinion is disapproved.
Output: overruling
id. at 78-79 (3).
Output: non-overruling
first national bank of hollywood v. markham, 342 so.2d 1016 (fla. 4th dca 1977), is disapproved.
Output: overruling
the decisions in coffey and kleeman misinterpret the nonuse provision of section 228.190.1 and, on that point, no longer should be followed.
Output: overruling
further, we no longer adhere to the view of ianniello and its progeny that relationship and continuity are necessary characteristics of a rico enterprise.
Output: overruling
the judgment also declared that if that amount was not paid by january 27, 2017, the home would be sold at a   judicial auction.
Output: non-overruling
the holding in associated is rejected inasmuch as we believe the district court placed undue emphasis on section 316(a), which we have found must be read in context with the other sections of the code, and also on that area of legislative history which we have found inconclusive.
Output: overruling
id. at 658, 505 n.w.2d 553. our supreme court held:   we read these provisions of the vehicle code and the no-fault insurance act in pari materia as indicating that an unexpired registration plate affixed to the vehicle serves as presumptive evidence that the vehicle is validly registered with the secretary of state, and that it carries the statutorily mandated no-fault automobile insurance.
Output: non-overruling
see  boles, 554 so.2d at 961 ([i]f the county and other persons are not bound, then the status of the road as public or private is subject to being litigated again, and the results of later litigation may be inconsistent with the results of the initial litigation.).
Output: non-overruling
the cases of us diagnostic v. shelby radiology, p.c., 793 so.2d 714 (ala. 2000), wilma corp. v. fleming foods of alabama, inc., 613 so.2d 359 (ala. 1993), hinkle v. cargill, inc., 613 so.2d 1216 (ala. 1992), dean v. myers, 466 so.2d 952 (ala. 1985), and caron v. teagle, 408 so.2d 494 (ala. 1981), are overruled to the extent, but only to the extent, that they conflict with this holding.
Output: overruling
in an important footnote to its opinion, the culligan court disapproved language in several court of appeal decisions "indicating that the proper scope of review of such litigating positions of the board (announced either in tax bulletins or merely as the result of an individual audit) is to determine whether the board's assessment was arbitrary, capricious or had no reasonable or rational basis.
Output: overruling
cases suggesting the contrary are, to that extent, overruled.
Output: overruling
we disapprove gamez to the extent it conflicts with our decision in this case.
Output: overruling
d. del. 2006); accord, pls. d.i. 92, ex. a (letter from chetan bachale, consumer account analyst, ocwen loan servicing llc, to daniel tabb (mar. 9, 2016) (""as the bankruptcy has been discharged, you are no longer personally liable for the debt.
Output: non-overruling
to the extent it is inconsistent with our opinion in the present case, we disapprove the court's decision in in re phelon.
Output: overruling
requiring parties to make their objections clear on the record is not an onerous burden, and it is one that ensures that the bankruptcy court is squarely presented with the facts and legal arguments necessary to reach a reasoned decision considering the interests of all affected parties.
Output: non-overruling
we overrule people v. johnson (1989) 47 cal.3d 1194, 255 cal.rptr. 569, 767 p.2d 1047 to the extent it is inconsistent with this opinion.
Output: overruling
specifically, the commission determined that claimant was entitled to ttd benefits only from october 5, 2011, through october 19, 2011.
Output: non-overruling
e.g., farmers ins. exchange v. adams (1985) 170 cal.app.3d 712, 722 [216 cal.rptr. 287] (dicta); premier ins. co. v. welch (1983) 140 cal.app.3d 720, 728 [189 cal.rptr. 657]; safeco ins. co. of america v. guyton (9th cir. 1982) 692 f.2d 551, 554-555.
Output: overruling
specifically, we explained:
Output: non-overruling
state v. carrawell, 481 s.w.3d 833, 837 (mo.banc 2016).
Output: non-overruling
mr. henderson makes much of the fact that the district court applied  2b1.1(b)(15)(a) contrary to the recommendation of the probation officer.
Output: non-overruling
##note: r.j. reynolds tobacco co. v. ciccone is the current case that is being dealt with, therefore it is not being overruled.
Output: overruling
in so holding, we approve the second district's decision in thompson and disapprove the third district's decision in higgs.
Output: overruling
thus, bledsoe does not control our holding in this case.
Output: overruling
to the extent that gregg, places the initial burden upon the state to prove that a warrantless search or seizure took place, it is overruled.
Output: overruling
in any event, if they are contrary to the result we have reached, we overrule them.
Output: overruling
the reiterations of statements from the city of pasadena case in water users etc. assn. v. railroad com., 188 cal. 437, 443 [3] [ 205 p. 682] and baldwin v. railroad com., 206 cal. 581, 587 [3] [ 275 p. 425], also are disapproved.
Output: overruling
in both the adjudicatory and dispositional orders, the court found that the children's presence in the parents' home remained contrary to their welfare and ordered that they remain in an out-of-home placement.
Output: non-overruling
crim. app. sept. 25, 2012), perm. app. denied (tenn.
Output: non-overruling
any language in people v. harrison, 176 cal.app.2d 330, 335 [ 1 cal.rptr. 414], which could be understood as being in conflict with the views expressed herein is disapproved.
Output: overruling
further, in mooney v. state, 1999 ok cr 34,  17, 990 p.2d 875, 70 o.b.j. 2412 (aug. 31, 1999), this court adopted "the united states supreme court's decision in united states v. dixon, 589 u.s. 688, 113 s.ct. 2849, 125 l.ed.2d 556 (1993), overruling grady v. corbin, 495 u.s. 568, 110 s.ct. 2084, 109 l.ed.2d 548 (1990), and [did] away with the `same transaction' test.
Output: overruling
on the contrary, what impresses me is the obduracy of high-minded state courts, like that of new york under the leadership of judge cardozo, in refusing to adopt the federal rule of exclusion.
Output: non-overruling
we disapprove the contrary view expressed by the third district court of appeal in fontainebleau hotel corp. v. united filigree corp.
Output: overruling
in the hrs get chapter, hrs  237-22 provides that payments for sales, gross receipts, or use taxes paid out of state will be offset.
Output: non-overruling
father next challenges several portions of mother's testimony that, he alleges, painted an unjustified picture of him as hot-tempered and cruel.
Output: non-overruling
we therefore overrule hart and reverse the district court's order denying the motion on the merits and remand for the district court to treat harris' motion as a post-conviction petition for a writ of habeas corpus and to provide harris with an opportunity to cure any pleading defects.
Output: overruling
because c.o.'s responses to the district court's questions during the competency inquiry independently supported the court's on-the-record competency ruling, the district court's purported reliance on c.o.'s trial testimony in making its ruling was inconsequential.
Output: non-overruling
for this reason, we hold that kikumura is no longer valid as long as the guidelines are advisory.
Output: overruling
the texas health and safety code, in turn, defined intellectual disability as ""significantly subaverage general intellectual functioning that is concurrent with deficits in adaptive behavior and originates during the developmental period.""
Output: non-overruling
however, this statement in boland ii is inconsistent with dodds.
Output: overruling
we take this opportunity to announce a consistent, if not always clear-cut rule to be followed in future cases: both victim impact and victim character evidence are admissible, in the context of the mitigation special issue, to show the uniqueness of the victim, the harm caused by the defendant, and as rebuttal to the defendant's mitigating evidence.
Output: overruling
the issue of preservation of a challenge to a jury instruction has developed over time in this commonwealth.
Output: non-overruling
"" (people v. berryman (1993) 6 cal.4th 1048, 1085, overruled on other grounds in people v. hill (1998) 17 cal.4th 800, 823, fn. 1.)
Output: non-overruling
we now expressly overrule the bowers and braden courts and hold that the plaintiff's minority does not toll the medical malpractice statute of repose.
Output: overruling
schulte v. venture stores, inc., 832 s.w.2d 13 (mo.app. 1992), and hoskin v. younger cemetery corp., 838 s.w.2d 476 (mo.app. 1992), to the extent that they conflict, are overruled.
Output: overruling
based on a comparison between inmates inside and outside disciplinary segregation, the state's actions in placing him there for 30 days did not work a major disruption in his environment.
Output: non-overruling
of course, lucas and garcia, dealing with mandatory minimum sentences, are likewise overruled to the extent they conflict with harris and this opinion.
Output: overruling
further, we hereby overrule state v. harbert, 758 p.2d 826 (okla.
Output: overruling
""sitting in equity, the district court is a 'court of conscience.'""
Output: non-overruling