niryuu/sni-each-converted huggingface dataset:
whether or not ""under"" and ""arising out of"" carry different meanings, neither supports the ""but for"" construction.
Output: non-overruling
it is not actionable under section 1983; the contrary suggestion in williams v. city of chicago, 525 f. supp. 85 (n.d.ill. 1981), is disapproved.
Output: overruling
to the extent that people v. wilson, 224 cal.app.2d 738 [ 37 cal.rptr. 42], is inconsistent with this conclusion it is disapproved.
Output: overruling
a trial court should grant the state's motion for a dismissal if the request meets the good cause and open court requirements of crim.r. 48(a).
Output: non-overruling
why close? because, says the fan, the phillies lost each inning by only one run.
Output: non-overruling
we therefore overrule brice and hold that equitable tolling applies to the vaccine act.
Output: overruling
when the question of illegality of the present sentence was raised by one of the judges on the panel in this appeal, the author referred this case to the court en banc, which (with judges barry, byrnes, ciaccio, ward, and williams dissenting) disapproves liddell on this point as erroneously decided.
Output: overruling
the alternative holding in heaps v. toy, supra, finding the contract in that case contrary to good morals, is inconsistent with the numerous california decisions upholding contracts between nonmarital partners when such contracts are not founded upon an illicit consideration, and is therefore disapproved.
Output: overruling
applicability, compact oxford english dictionary 64 (2d ed. 1987).
Output: non-overruling
we find that the failure of the trial court to enter the necessary affirmative finding as to the use or exhibition of a deadly weapon is a clerical error; we overrule creeks to the extent of any conflict
Output: overruling
affirmed in part and remanded  schellhas, judge ramsey county district courtfile no. 62-cr-16-7992 lori swanson, attorney general, st. paul, minnesota; and john j. choi, ramsey county attorney, peter r. marker, assistant county attorney, st. paul, minnesota (for respondent) cathryn middlebrook, chief appellate public defender, steven p. russett, assistant public defender, st. paul, minnesota (for appellant) considered and decided by ross, presiding judge; schellhas, judge; and kirk, judge.
Output: non-overruling
the district court considered multiple factors, and the risk assessment information was not determinative.
Output: non-overruling
criminal appeal from the court of common pleas of mahoning county, ohiocase no. 16 cr 810 before: carol ann robb, gene donofrio, kathleen bartlett, judges. judgment: affirmed. atty. paul j. gains, mahoning county prosecutor, atty. ralph m. rivera, assistant prosecuting attorney 21 west boardman street, 6th floor, youngstown, ohio 44503, for plaintiff-appellee and atty. edward a. czopur, degenova & yarwood, ltd, 42 north phelps street, youngstown, ohio 44503 for defendant-appellant.  robb, p.j.
Output: non-overruling
nevertheless, according to doe, wherever one draws the line between battlefield captive and long-term detainee, he falls on the latter side.
Output: non-overruling
and to the extent that tichenor relied on united states v. demaree, 459 f.3d 791 (7th cir.2006), to distinguish the guidelines from criminal statutes, that is the very ex post facto case that peugh abrogated.
Output: overruling
under tennessee rule of evidence 801, ""'hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.""
Output: non-overruling
14 a trial court's sentencing decision is reviewed under an abuse of discretion standard.
Output: non-overruling
in other words, villodas-rosario's miscarriage-of-justice claim attempts to reargue the plea colloquy error that we have already addressed.
Output: non-overruling
thus, reliance on the statutory definition would impair the court's analysis because it would not provide a useful comparison to the court's descriptive dictionary definitions of ""producing"" and ""fabricating.""
Output: non-overruling
turning first to the most important factor, we already have seen that the cursory analysis in division 2 of harrison and its progeny is unsound and inconsistent with the proper interpretation of statutes similar to ocga  5540 (a).
Output: overruling
we expressly overrule nightclubs on this issue and hold that, as a general matter,  23a.010(4) satisfies the first amendment.
Output: overruling
to the extent that mardanlou suggests otherwise, we overrule it.
Output: overruling
therefore, to the extent that swindle is inconsistent with ely and this decision, it is overruled.
Output: overruling
according to napa auto parts, the straws drove the vehicle ""for approximately six [] weeks and [] for between 500 to 600 miles prior to the accident with no incidents.""
Output: non-overruling
66 in my view, the court of appeals decision in state v. austin, 2013 wi app 96, 349 wis. 2d 744, 836 n.w.2d 833, is on all fours with the facts of the instant case.
Output: non-overruling
we also recede from scott v. state and sweeting v. state insofar as they hold that the limits of a court's inherent power over the subject matter are defined by the extent to which its actions are lawful.
Output: overruling
however, to the extent that that case is in conflict with our present holding, it is hereby overruled.
Output: overruling
for the reasons set forth above, we now overrule skov, o'neal and pettigrew.
Output: overruling
therefore, we approve the decision under review and disapprove the holding in in re forfeiture of 1978 bmw that an innocent co-owner's interest in property is forfeited along with the guilty co-owner's interest.
Output: overruling
this sentence is hereby overruled so that the liability between banks involving payment of an item on a forged or unauthorized endorsement will be clearly governed by the decision in the instant case.
Output: overruling
in orpustan, we disapproved rodgers v. state farm mutual auto. ins. co., 13 cal.app.3d 641 [ 91 cal.rptr. 678]; and pacific automobile ins. co. v. lang
Output: overruling
to the extent that in re mapes, d.c. s.d.cal. 1954, 120 f. supp. 316, is inconsistent with this holding, it is hereby overruled.
Output: overruling
judge dickler is thus immune from suit.
Output: non-overruling
the same evidence supports the jury's true finding of the special circumstances allegation, which requires an intent to kill and an intent "" 'to cause extreme pain or suffering for the purpose of revenge, extortion, persuasion, or another sadistic purpose.'
Output: non-overruling
kelly is disapproved to the extent that it stands for the proposition that any judicial division of community property necessarily precludes the subsequent litigation of community property rights in an asset known to exist at the time of the earlier proceedings, and which could have been adjudicated at that time.
Output: overruling
as justice donohue points out, several non-expert witnesses testified at trial that they saw or heard gunshots.
Output: non-overruling
for the same reason, we disapprove dictum in people v. rivera (1985) 41 cal.3d 388 [ 221 cal.rptr. 562, 710 p.2d 362] to the effect that the rule of burton, supra, 6 cal.3d 375, survives the high court's holding in fare, supra, 442 u.s. 707, as a "component of the state constitutional privilege against self-incrimination."
Output: overruling
because jones/walker relates only to sufficiency of the evidence, we hereby disavow the language holding otherwise in sandoval.
Output: overruling
halley v. birbiglia, 390 mass. 540, 545 (1983).
Output: non-overruling
s.c. code ann.  29-3-660 (2007) (""[i]f the mortgage debt be secured by the covenant or obligation of any person other than the mortgagor the plaintiff may make such person a party to the action and the court may adjudge payment of the residue of such debt remaining unsatisfied after a sale of the mortgaged premises against such other person and may enforce such judgment as in other cases.""
Output: non-overruling
now that this court is reexamining that question, i am satisfied with the conclusion that under our statutory law, the husband has no such right and that gist v. french, supra, should be disapproved.
Output: overruling
see ante at .
Output: non-overruling
(pen. code,  1203.1, subd. (a)(3) [in granting probation, court ""shall provide for restitution in proper cases""]; people v. giordano (2007) 42 cal.4th 644, 652.)
Output: non-overruling
adoption of leland, 65 mass. app. ct. 580, 584 (2006), quoting from care & protection of bruce, 44 mass. app. ct. 758, 761 (1998).
Output: non-overruling
nevertheless, if the mover will not bear the burden of proof at trial on the issue that is before the court on the motion for summary judgment, the mover's burden does not require that all essential elements of the adverse party's claim, action, or defense be negated.
Output: non-overruling
ramirez has shown that reasonable jurists would debate whether the district court erred in dismissing his  2255 motion without prejudice as premature based on a finding that he had a pending direct appeal.
Output: non-overruling
however, we disapprove angelus to the extent that it holds section 733.212(3) does not bar objections that a personal representative was never qualified to serve.
Output: overruling
it argued that it had made timely assessments and that those assessments were presumptively correct.
Output: non-overruling
{19} in state v. underwood, 124 ohio st.3d 365, 2010-ohio-1, 922 n.e.2d 923, the ohio supreme court held that ""[a] sentence is 'authorized by law' and is not appealable within the meaning of r.c. 2953.08(d)(1) only if it comports with all mandatory sentencing provisions.""
Output: non-overruling
that language, unlike  114, does not limit the safe harbor to infringements of federal copyright.
Output: non-overruling
42 pa.c.s.a.  6302 (1). under the common law rule, the child thus reaches the age of 18 years the day before his or her birthdate.
Output: non-overruling
while in many cases the calculation may, as a matter of fact, run from the date the complaint was filed (because the person making service received the summons and complaint on the same day) or run from expiration of the statute of limitation (because the complaint was filed on the last day of the limitation period and the complaint and summons was received by the person making service on the same day), to the extent these cases misstate the proper rule to be applied generally, they must be overruled.
Output: overruling
the department need not prove all of the holley factors as a ""condition precedent"" to termination, and the absence of some factors does not bar the factfinder from finding by clear and convincing evidence that termination is in a child's best interest.
Output: non-overruling
the administrator must then review the petition within 60 days and object if the petitioner ""demonstrates"" a permit applicant's noncompliance with caa requirements. nypirg, 321 f.3d at 333; 42 u.s.c.  7661d(b)(2).
Output: non-overruling
we recede from these cases to the extent that they suggest that postconviction relief is appropriate where the record does not demonstrate that an actually biased juror served on the jury.
Output: overruling
statements such as this did not violate defendants' fifth amendment rights.
Output: non-overruling
in other words, in lieu of trapping an unwary defendant, see tr. of oral arg. 29, i would rank the clerk's transmission of the amended judgment to the court of appeals as an adequate substitute for a second notice of appeal.
Output: non-overruling
accordingly, we hereby overrule sharp v. state
Output: overruling
to the extent our previous decisions in duckett, tate, lovelady, and andrews are in conflict with this decision, they are expressly overruled.
Output: overruling
7 here, in 2010, the mpo policy committee adopted a long-range metropolitan transportation plan, which apparently also encompassed a short-range forecast, called the ""go to 2040"" plan, which the chicago metro planning agency board likewise determined would serve as its comprehensive regional plan. according to a federal report, the ""go to 2040"" was chicago's first comprehensive regional plan in more than 100 years, addressing an array of issues like transportation, housing, economic development, open space, the environment, and quality-of-life matters in the region's 284 communities.
Output: non-overruling
we agree with the district court that the political question doctrine bars the servicemembers' suit. therefore, we need not reach the ftca preemption issue.
Output: non-overruling
id. ""if the trial court's findings of fact are upheld, the appellate court must decide whether the dispositive ruling was fair and equitable in light of those facts.""
Output: non-overruling
{19} to prove ineffective assistance of counsel, the defendant must satisfy a two-prong test: first, counsel's performance has fallen below an objective standard of reasonable representation and second, appellant was prejudiced by counsel's performance.
Output: non-overruling
in this connection, to the extent that our holding conflicts with this court's decision of dugard v. state, 688 s.w.2d 524 (tex.cr.app. 1985), dugard is expressly overruled.
Output: overruling
for the reasons stated, the rule of swain v. alabama is not to be followed in our courts and the cases applying it are disapproved to that extent.
Output: overruling
to the extent this court's decisions in jones and bun suggested otherwise, they are hereby disapproved.
Output: overruling
the apa provides that judicial review is available for ""final agency action[s] for which there is no other adequate remedy in a court.""
Output: non-overruling
both of those exhibits were admitted without objection.
Output: non-overruling
see tr., vol. 2 at 99.
Output: non-overruling
to the extent that stewart indicates that a defendant may be convicted of and sentenced for both of those offenses involving the death of the same victim, that case is disapproved.
Output: overruling
clarity, 838 n.w.2d at 661 ; see  hauser, 782 n.w.2d at 154 (""to the extent [the attorney] acknowledges his alcoholism and has taken steps to address it ..., we consider 
Output: non-overruling
the principle underlying gaines, however, leads us to now reject the instruction we once approved in tolkow and to overrule that holding.
Output: overruling
we therefore hold that diamond ii must be overruled.
Output: overruling
we overrule division 2 in ghrist v. fricks and division 2 in matthews v. dukes, 314 ga.app. 782, 726 s.e.2d 95 (2012), to the extent they determined that the superior court had jurisdiction to sever parental rights because the termination issue was ancillary to the biological father's petition to legitimate.
Output: overruling
to the extent that our opinions in baker v. mayor and city council of baltimore, 894 f.2d 679, 682 (4th cir.), cert. denied, 498 u.s. 815 (1990), and schlitz v. commonwealth of virginia, 854 f.2d 43, 45-46 (4th cir. 1988), can be read to confer legislative immunity on municipalities from suits brought under section 1983, those decisions are overruled.
Output: overruling
to the extent that hoover, isom, birch, williams, and any other prior cases are inconsistent with our holding today, they are hereby expressly overruled.
Output: overruling
evans must therefore be overruled.
Output: overruling
the court noted that the ""requirement of gubernatorial approval for obtaining a parole [has] the force of law, and is not a discretionary internal policy[.]""
Output: non-overruling
however, so far as it may appear to indicate that it is necessary for the winning party to an interference to file a cross-appeal in order to be entitled to argue any matter relevant to the issue of priority of invention which has been raised by him before the board, and which has been decided adversely to him, the statement contained in the sentence in question is at variance with the established practice of this court as set forth in the decisions cited above, and is accordingly overruled.
Output: overruling
see section iii(a)(3)(b)(i)(2)(c); see also bnsf app'x at 931-32.
Output: non-overruling
under an estoppel theory, ""[a] nonsignatory is estopped from refusing to comply with an arbitration clause when it receives a 'direct benefit' from a contract containing an arbitration clause.""
Output: non-overruling
nonetheless, we must recede from williams v. state, 427 so.2d 768 (fla. 2d dca 1983), and matthews v. state, 584 so.2d 1105 (fla. 2d dca 1991), to the extent that these opinions engraft a "fair trial" standard upon the faretta test, and we disapprove steps four through six of the faretta inquiry in jones v. state, 658 so.2d 122 (fla. 2d dca 1995) (altenbernd, j., specially concurring), which relied upon williams and matthews.
Output: overruling
to the extent that these cases improperly place the burden of showing or proving sudden heat on the defendant, and to that extent only, these cases are overruled.
Output: overruling
it is well settled that the court can award restitution even in the absence of such a request by the public prosecutor.
Output: non-overruling
to the extent that owen is inconsistent with this opinion, it is overruled.
Output: overruling
beck v. city of muskogee police dep't, 195 f.3d 553, 557 (10th cir. 1999) (citing smith v. city of enid ex rel. enid city comm'n, 149 f.3d 1151, 1154 (10th cir. 1998)).
Output: non-overruling
to the extent that apodaca can be read to suggest otherwise, it should not be followed.
Output: overruling
the staff analysis of the bill references the conflict between paul v. jenne, 728 so.2d 1167 (fla. 4th dca), rev. granted, 741 so.2d 1137 (fla. 1999), and houser v. manning, 719 so.2d 307 (fla. 3d dca 1998), suggesting that a primary motivation behind the statute was to legislatively overrule the result in paul.
Output: overruling
ct. app. 1992), and state ex rel. department of pub. safety v. 1989 ford probe, vin # 1zvbt21c3k5182641, ok tag # icw579, 854 p.2d 386 (okla.
Output: overruling
we recognize that today's holding is in tension with a line of decisions in the commonwealth court, including decisions handed down after this court's non-binding explication in stewart.
Output: overruling
we simply stated that "" '[i]n its discretion, a reviewing court ""may reduce the degree of an offense to a lesser[-]included offense when the evidence fails to prove the defendant guilty beyond a reasonable doubt of the greater offense.""
Output: non-overruling
in its opinion in sanchez-gomez, the supreme court rejected the concept that the previously shackled defendants had shown a sufficient stake in the outcome to avoid mootness because they ""sought relief from the restraint policy not merely for themselves, but for all in-custody defendants in the district.""
Output: non-overruling
we specifically overrule johnson to the extent it approves the use of this instruction in the trial courts.
Output: overruling
the spouse to whom a liability is allocated is responsible for paying that debt.
Output: non-overruling
(in re aurora p. (2015) 241 cal.app.4th 1142, 1154, fn. 7.)
Output: non-overruling
we reject this per se rule as inconsistent with strickland's holding that "the performance inquiry must be whether counsel's assistance was reasonable considering all the circumstances.
Output: overruling
to the extent of such inconsistency, we overrule those cases.
Output: overruling
further, we reject use of the statutory definition of vessel in the lhwca as the basis for the definition of vessel under  905(b), as was done in lundy v. litton systems, inc., 624 f.2d 590 (5th cir. 1980), cert. denied, 450 u.s. 913, 101 s.ct. 1353, 67 l.ed.2d 337 (1981), and overrule the holding in trussell v. litton systems, inc., 753 f.2d 366, 367 (5th cir. 1985), that a hull under construction, located "on a building platform in a building-way within the shipyard," and not on navigable waters, was a vessel for  905(b) purposes.
Output: overruling
the holding of the court in the goldman case was error and it is now specifically overruled.
Output: overruling
hi-tech points to fawcett v. grosu, 498 s.w.3d 650, and sloat v. rathburn, 513 s.w.3d 500 (tex. app.austin 2015, pet. dism'd), in support of this argument.
Output: non-overruling
therefore, the position previously stated in watson v. state, supra, and robinson v. state, supra, is hereby, overruled.
Output: overruling
[4] balser remained in jail after this arrest, but the task force continued its investigation.
Output: non-overruling
we overrule appellants' first point of error to the extent appellants challenge the legal sufficiency of the evidence of causation.
Output: non-overruling
martin v. twp enterprises inc., 227 md. app. 33, 49 (2016) (quoting baltimore luggage co. v. holtzman, 80 md. app. 282, 290 (1989).
Output: non-overruling
we overrule this point.
Output: overruling
norquay, 905 f.2d at 1158-59; see also 18 u.s.c.  1153(b).
Output: non-overruling
in so doing, we realize that we are departing from hinckle v. state, del
Output: overruling
therefore, we overrule all cases contrary to this holding.
Output: overruling
2003), to the extent that it indicates that such a hearing is unnecessary.
Output: overruling
we quash carter, approve nathan, young, austin, and sneed, and disapprove the reasoning in bover to the extent it is inconsistent with this opinion.
Output: overruling
state v. saldierna, 242 n.c. app. 347, 353, 775 s.e.2d 326, 330 (2015) (saldierna i). in addition, defendant contended that the trial court had failed to ""appropriately consider his juvenile status in determining that his waiver of rights was knowing and voluntary.""
Output: non-overruling
the second cause of action asserted that the liquidated damages clause of the leases was void as a penalty banned by civil code section 1671, or, in the alternative, should be construed as authorizing termination of the lease prior to its expiration.
Output: non-overruling
e.g., united states v. iannone, 184 f.3d 214, 222 (3d cir. 1999).
Output: non-overruling
see potter v. state dep't of human res., 511 so.2d 190, 192 (ala.civ.app.1986); see also c.l. v. d.h., 916 so.2d 622, 62526 (ala.civ.app.2005).
Output: non-overruling
we therefore overrule clouthier to the extent that it identified a single deliberate indifference standard for all  1983 claims and to the extent that it required a plaintiff to prove an individual defendant's subjective intent to punish in the context of a pretrial detainee's failure-to-protect claim.
Output: overruling
in which the court of appeals erroneously applied the reasoning of millette, incorrectly applying the three-year statute where a plaintiff sought to recover land he allegedly was fraudulently induced to convey.
Output: overruling
it demonstrates a conscious desire to accomplish an unlawful act, denotes a lack of virtually all personal characteristics we deem important to law practice, threatens to bring significant misfortune on the unsuspecting client and severely impugns the integrity of the profession.""
Output: non-overruling
to the extent that our ruling may conflict with state v. becker, 364 mo. 1079, 272 s.w.2d 283, that case should no longer be followed.
Output: overruling
after the time period has expired, the trial court still has discretion to enlarge the time period if the moving party can demonstrate excusable neglect in addition to cause.
Output: non-overruling
see ennis v. state, 122   nev. 694, 706, 137 p.3d 1095, 1103 (2006), the district court therefore did not err in denying this claim.
Output: non-overruling
accordingly, and to the extent it differs from the holding herein, duncan v. beck is overruled.
Output: overruling
based on our holding today, we disapprove the contrary holding in texas department of public safety v. levinson.
Output: overruling
we now over-rule barnes, french, and tucker to the extent that they conflict with the requirements and provisions of the mississippi rules of civil procedure and subsequent decisions of this court.
Output: overruling
note: martin v. szeto is the current case, therefore not overruled.
Output: overruling
we announced a clear rule in kloeckner : ""[m]ixed cases shall be filed in district court.""
Output: non-overruling
as the united states supreme court has observed, the crawford rule is flatly inconsistent with the prior governing precedent, roberts, which crawford overruled.
Output: overruling
to the extent it is inconsistent with this opinion, the decision in jacquin-florida distilling corp. v. department of business regulation, 356 so.2d 340 (fla. 1st dca 1978), is disapproved.
Output: overruling
a court of equity can refuse to require removal of an encroachment where ""the cost of removal by the defendant[s] would be greatly disproportionate to the injury to the plaintiff from [the] continuation"" of the encroachment.
Output: non-overruling
caselaw which has expanded that definition to include "substantial protections" to which the defendant would have otherwise been entitled under the law as it existed at the time of commission of the offense was overruled.
Output: overruling
14 after darby was convicted, he filed a postconviction motion arguing that his constitutional right to self-representation was violated because he had invoked his right during this exchange with the trial court.
Output: non-overruling
it necessarily follows that our holding in the flye case on the point now under consideration was incorrect, and we now hereby recede therefrom.
Output: overruling
the defendant did not testify at trial, but his report of the alleged assault to the police was put in evidence through the police officer and the recordings of his two 911 telephone calls.
Output: non-overruling
434 n.w.2d at 116 n.2 (marshall, j., dissenting).
Output: non-overruling
although the factual scenario set forth in bridgewater is similar to the present case, because the rooker-feldman analysis in bridgewater is drawn from moccio v. new york state office of court administration, 95 f.3d 195, 198 (2d cir. 1996), which was overruled by the supreme court in exxon mobil corp. v. saudi basic indus. corp., 544 u.s. 280, 284, 125 s.ct. 1517, 161 l.ed.2d 454 (2005), it no longer reflects the law of this circuit.
Output: overruling
to the extent that our prior holding in aetna is in conflict herewith, the same is hereby expressly overruled.
Output: overruling
after the adoption of a historic preservation plan for any historic district, ""all governmental agencies shall be guided by and give due consideration to the plan in any official acts affecting the area.""
Output: non-overruling
in people v. ramirez, supra, 34 cal.3d 541, the supreme court disapproved people v. marquez, supra, 237 cal.app.2d 627, which had validated a good faith arrest made on a recalled warrant, and disapproved cases relying on marquez.
Output: overruling
to the extent that tendai and mendelsohn suggest otherwise as regards the standard of review, they are overruled.
Output: overruling
however, farley was overruled by ex parte airhart, 477 so.2d 979 (ala. 1985), in which the alabama supreme court held that there was a fatal variance between an indictment charging theft of currency and proof of the theft of a check.
Output: overruling
for the reasons expressed, we approve the decision in the instant case and disapprove the decision of the third district court of appeal in fernandez.
Output: overruling
to the extent the daum language may be construed to sanction the award of interest on interest in the absence of an agreement for such payment, it is disapproved.
Output: overruling
app. 1985), is overruled.
Output: overruling
but that is a very narrow slice of the pie; we have said the term ""'questions of law' refers to those issues that were historically reviewable on habeasconstitutional and statutory-construction questions, not discretionary or factual questions.""
Output: non-overruling
defendant's exhibit c shows that officer butler conducted the rfi evaluation in 2008.
Output: non-overruling
to the extent that double view ventures can be construed as adopting a categorical rule requiring a full retrial as the result of any apportionment errora reading we do not necessarily adopt, given the absence of any analysis of the issue in the opinionit is overruled as to this issue.
Output: overruling
we overrule courier-journal v. mcdonald, ky., 524 s.w.2d 633 (1974) to the extent that it is in conflict with this opinion.
Output: overruling
(city of industry v. gordon (1972) 29 cal.app.3d 90, 94; see also county of los angeles v. ortiz (1971) 6 cal.3d 141, 148.)
Output: non-overruling
busby, 253 s.w.3d at 663.
Output: non-overruling
to the extent that tracy v. macintyre, 29 cal.app.2d 145 [ 84 p.2d 526], is inconsistent with the views expressed herein, that case is disapproved.
Output: overruling
we, therefore, overrule that portion of smith v. simpson that limits the act's definition of a pedestrian.
Output: overruling
. on direct appeal, this court reversed the trial court and ordered a new trial.
Output: non-overruling
we disapprove the statements in the opinion on rehearing in day that implied the contrary, and (like the author of those statements) we disapprove the decisions that have held the contrary.
Output: overruling
mccaa v. mccaa, supra, and perry v. perry, supra, are overruled insofar as they are inconsistent with this opinion.
Output: overruling
all appellate decisions of our state conflicting with this decision are receded from or are overruled and in particular burke v. o'brien
Output: overruling
united states v. lewis, 467 f. app'x 298, 299 (5th cir. 2012) (unpublished).
Output: non-overruling
to the extent any language in herman suggested otherwise, we disavow it.
Output: overruling
ordering the parties to recalculate was not erroneous burden-shifting.
Output: non-overruling
furthermore, coleman is necessarily overruled by holly farms.
Output: overruling
see bock v. united states, 375 f.2d 479, 480 (9th cir. 1967).
Output: non-overruling
the evidence supporting termination under one of the grounds listed in section 161.001(b)(1) can also be considered in support of a finding that termination is in the best interest of the child.
Output: non-overruling
spokeo does not hold otherwise; although it focuses on injury-in-fact, it reiterates that all three elements form the ""'irreducible constitutional minimum' of standing.""
Output: non-overruling
although she could not recall exactly where he put his penis, she explained it happened so frequently that it was either her vagina or butt.
Output: non-overruling
ecause we find such an approach contradicts the logical underpinning of arbuckle, we decline to follow rosaia.
Output: overruling
on reconsideration in light of feola, newson and other recent opinions, we are convinced that the holdings in findley and baltrunas requiring knowledge of the jurisdictional facts cannot be sustained and should be overruled.
Output: overruling
in any case, mhs rests its personal jurisdiction assertion against collins on the ""conspiracy theory"" of jurisdiction, which requires the plaintiff to plead an unlawful act and a conspiracy to commit that unlawful act.
Output: non-overruling
to the extent that marshall-silver can be read to hold otherwise, it is overruled.
Output: overruling
while williams' pending claim was not affected by this 1999 legislation, this new legislation is relevant, as explained below, in that it further supports overruling boutte.
Output: overruling
schmidt v. skolas, 770 f.3d 241, 248 (3d cir. 2014).
Output: non-overruling
the ij's conclusion that baba's testimony was too vague  to meet his burden of proof raises concern.
Output: non-overruling
(jeske v. maxim healthcare servs., inc. (e.d. cal. 2012) 2012 u.s. dist. lexis 2963, at p. 37 [plaintiff ""need not have suffered all paga violations for which she seeks to pursue civil penalties.""];
Output: non-overruling
thus, we reverse such a denial ""only if the evidence points so strongly and so overwhelmingly in favor of the nonmoving party that no reasonable juror could return a contrary verdict.""
Output: non-overruling
the reasoning of our precedent, which we reject today, would mean that any prevailing market rates obtained by any non-profit legal organization affiliated with any public organization, such as the naacp or the sierra club, would allow their respective organizations to obtain an indirect benefit by decreasing the amount which each organization would need to raise to continue their non-legal activities.
Output: overruling
according to the court, the categorical approach is unconstitutionally vague.
Output: non-overruling
see g. l. c. 131,  91. an appeal from a decision by an agency, pursuant to g. l. c. 30a,  14, must be filed in the superior court within thirty days of the issuance of the agency's determination.
Output: non-overruling
we have concluded that the holdings in wyman, spillers, evangelical, supra, and their progeny, should be overruled and a new sense of direction established.
Output: overruling
in that 1) brashier has engendered confusion on attorney fee recoverability in um/uim litigation by an insured against his/her insurer; 2) brashier does support insurer's argument that the attorney fee issue should have been submitted to the jury for resolution as an element or item of damage under barnes' tort theory of recovery; 3) brashier misinterpreted the import of christian, supra as to the potential for the recovery of attorney fees in um/uim litigation between an insured and his/her insurer; and 4) brashier, in our view, exhibited an unwarranted deviation from the american rule concerning the allowance of attorney fees, we decide in this case that brashier, to the extent it held a um/uim insured plaintiff is entitled to recover attorney fees as a common law element of damage for an insurer's bad faith refusal to settle a um/uim loss, should be overruled.
Output: overruling
""summary judgment is warranted only if the record shows that 'there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.'"" wenk v. o'reilly, 783 f.3d 585, 593 (6th cir. 2015) (quoting celotex corp. v. catrett, 477 u.s. 317, 322 (1986)).
Output: non-overruling
indeed, this court has recognized that a party may make allegations on information and belief in the fraud context when ""(1) the facts constituting the fraud are not accessible to the plaintiff and (2) the plaintiff provides the grounds for his suspicions.""
Output: non-overruling
debilitating medical condition means cancer, glaucoma, positive status for human immunodeficiency virus (hiv), acquired immune deficiency syndrome (aids), hepatitis c, amyotrophic lateral sclerosis (als), crohn's disease, parkinson's disease, multiple sclerosis or other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.
Output: non-overruling
accordingly, we overrule davis insofar as it holds that the prosecution can never meet its burden of proving a valid waiver of miranda rights if it fails, without explanation, to call as corroborating witnesses all officers who witnessed the defendant's interrogation.
Output: overruling
in reviewing the evidence for legal sufficiency, we determine whether all of the evidence, when viewed in the light most favorable to the challenged finding, is such that a factfinder could reasonably form a firm belief or conviction that the challenged finding is true.
Output: non-overruling
to that extent, we overrule farris on that point as well.
Output: overruling
to the extent that our statement in griffin suggests that the jury could not have found parker guilty of both intentional and reckless assault because the two crimes require proof that a defendant simultaneously acted intentionally and recklessly with respect to the same result, we disavow any such suggestion because, as we have explained, the state's evidence may establish that the defendant acted intentionally and recklessly with regard to a different result.
Output: overruling
to the contrary, it forms the basis of his ineffectiveness claim.
Output: non-overruling
we disapprove the opinion in brawner v. arellano, 757 s.w.2d 526 (tex.app.  san antonio), pet. dism'd by agr., 758 s.w.2d 756 (tex. 1988), to the extent that it is inconsistent with our holding herein.
Output: overruling
to the extent that these cases directly and indirectly misconstrued the rationale of hedges, they are hereby overruled.
Output: overruling
the government and the dissent argue that rule 11(a)(2) means that ""a defendant who pleads guilty cannot challenge his conviction on appeal on a forfeitable or waivable ground that he either failed to present to the district court or failed to reserve in writing.""
Output: non-overruling
the court therefore did not abuse its discretion in finding the existence of a material change in circumstances affecting the best interests of the children.
Output: non-overruling
evidence not properly and officially offered and introduced cannot be considered, even if it is physically placed in the record.
Output: non-overruling
wife received from husband on august 28, 2014, as the buyout amount based upon their then-current equity in the family residence.
Output: non-overruling
to the extent that these cases conflict with our decision today, such language and holdings are disapproved.
Output: overruling
this case is similar to norred, in which we overruled prior precedent to hold that ocga  9372, which tolls the limitations period for medical malpractice case where a foreign object has been left in a patient's body, is not limited to cases in which the object is left unintentionally.
Output: overruling
the declarant's impression need not be corroborated by an ""independent and equally percipient observer,"" booth, 306 md. at 327, 508 a.2d at 982,   so long as the declarant renders his or her recollection of the events perceived.
Output: non-overruling
carmen and fugate, to the extent that they conflict with this opinion, are overruled.
Output: overruling
at the very least, this court ought to address the problem created by kar because, as this case illustrates, kar is distorting the burden of proof in this important area of the law.
Output: non-overruling
""a district court may, however, permit discovery in a habeas proceeding if the 'petitioner presents specific allegations showing reason to believe that the facts, if fully developed, may lead the district court to believe that federal habeas relief is appropriate.'""
Output: non-overruling
we hereby disapprove coble to the extent it imposes such a limitation.
Output: overruling
to the extent the motions to dismiss raised the issue, it is apparent plaintiffs' subsequent summary judgment motion explicitly waived and abandoned this issue.
Output: non-overruling
austero v. national cas. co. (1978) 84 cal.app.3d 1, 24-25 [ 148 cal.rptr. 653], is disapproved.
Output: overruling
to the extent that it is contrary, the reasoning of matchett v. gould, 131 cal.app.2d 821 [ 281 p.2d 524], is erroneous and is disapproved.
Output: overruling
10 the restatement further views as irrelevant whether the mortgagee had actual or constructive notice of the intervening lien. according to the restatement, a mortgagee is entitled to subrogation provided that it reasonably expected to receive the security and priority of the lien it paid, and provided subrogation will not materially prejudice the rights of the intervening lien holders.
Output: non-overruling
barclay's rule 60(b) motion was a ""true"" one, and not a second or successive habeas petition, because it alleged ""a defect in the integrity of the federal habeas proceeding.""
Output: non-overruling
walker process, 382 u.s. at 174.
Output: non-overruling
see tex. r. app. p. 48.4; see also in re schulman, 252 s.w.3d at 412 n.35; ex parte owens, 206 s.w.3d 670, 673 (tex. crim. app. 2006).
Output: non-overruling
to the extent it is inconsistent with this analysis, we disapprove
Output: overruling
id.  2255(f)(3). dodd v. united states clarifies that this limitation period begins when the supreme court declares a new right, not when courts first acknowledge that right to be retroactive.
Output: non-overruling
for example, in jaffee v. jaffee, the court correctly stated the principle ""that an alimony award may not be modified because of a 'change' in the circumstances of the parties which was contemplated and considered when the original judgment or agreement was entered.""
Output: non-overruling
to the extent that notarfonzo v. kline, 464 so.2d 656, 657-58 (fla. 4th dca 1985), can be read for the proposition that the uccja does not apply to custody and shared parental responsibility issues in a paternity action, we recede from it.
Output: overruling
to the extent that cox v. state, 1986 ok cr 154,  3-7, 726 p.2d 909, 910-11, in fact, applies the  742 corroboration requirement to the conspiracy conviction at issue in that case (in addition to the presenting a false insurance claim conviction), it is hereby overruled.
Output: overruling
the result reached by the trial court is consistent with our recent opinion in orlando/orange county expressway authority v. w f agrigrowth-fernfield, ltd., 582 so.2d 790 (fla. 5th dca), rev. denied, 591 so.2d 183 (fla. 1991).
Output: overruling
such an approach strikes us as being eminently sensible, and it is our judgment that a similar principle should be applied in the case at bar.
Output: non-overruling
whatever may be said for the proposition that vines was overruled sub silentio by spears, we conclude that insofar as it stands for the proposition that a utility company owes no duty to persons who may, through foreseeable negligence, come in contact with its poles, vines must be overruled.
Output: overruling
accordingly, we now overrule hall v. state, supra, and its progeny, to the extent these cases hold that it is not error for a trial court to refuse to give a requested instruction on accomplice corroboration so long as the state relies in part on other evidence connecting the defendant to the crime.
Output: overruling
believing, as we do, that there is no basis for a presumption of vindictiveness where a second sentence imposed after a trial is heavier than a first sentence imposed after a guilty plea, we overrule simpson v. rice, supra, to that extent.
Output: overruling
however, determining whether the requirements for class certification are met ""will entail some overlap with the merits of the plaintiff's underlying claim.
Output: non-overruling
we vacated and remanded, instructing the district court to evaluate bernal's claims under section 2255.
Output: non-overruling
but the government in jones never took a position as to plain error review (because the challenge to the firearms and toolmark examiner's testimony was preserved).
Output: non-overruling
thus, to the extent the language in baltins v. james, supra, 36 cal.app.3d 1193, can be read as implying that "actual injury" is determined by any bright line rule, we disapprove that language.
Output: overruling
alternatively, the state argues that there is no evidence that the police engaged in an ""ask first, warn later"" interrogation in violation of seibert, and so at least his second statement, which he made after receiving miranda warnings, was admissible.
Output: non-overruling
five of the other partieswells fargo, lehman   brothers, aurora, bnc mortgage, and sascare in privity with u.s. bank and sailt through various contracts or arrangements.
Output: non-overruling
however, to the extent either decision may be inconsistent with the analysis herein, it is disapproved.
Output: overruling
we further disapprove the decision in d.f.
Output: overruling
in what almost amounts to an afterthought, we employ a footnote to partially overrule more than fifteen published opinions of this court decided within the last six years.
Output: overruling
given that petitioner's due process rights were violated and that this situation is comparable to the outright denial of the constitutional right to call witnesses, expungement is the proper remedy (see matter of doleman v prack, 145   ad3d at 1290-1291; cf. matter of texeira v fischer, 26 ny3d at 234-235).
Output: non-overruling
see, e.g., thomas v. city lights sch., inc., 124 f. supp. 2d 707, 713 (d.d.c. 2000) (holding school for at-risk youth owed duty under  319 to supervise its students while on a school field trip).
Output: non-overruling
28 the first requirement of the tacit admission rule actually has two parts: that the statement was incriminating and that the natural reaction of an innocent person would be to deny it.
Output: non-overruling
it concluded that the tolling rule we announced in hughes v. mahaney higgins, 821 s.w.2d 154 (tex. 1991), was modified by our later decision in murphy v. campbell, 964 s.w.2d 265 (tex. 1997), and did not toll limitations in this case.
Output: overruling
weconnect's evidence was neither newly discovered nor unknown; moreover, it could easily have produced these documents and affidavits the first time around.
Output: non-overruling
the defendants asserted that there were obvious statute-of-limitations problems with the key claims, that publically available court records contradict most of tobey's key factual assertions, and that his attorneys failed to conduct a reasonable investigation prior to filing the action.
Output: non-overruling
sheley v. fla. parole comm'n, 720 so. 2d 216, 218 (fla. 1998).
Output: non-overruling
3 (2011); accord  sanchez, 770 n.w.2d at 526.
Output: non-overruling
the jury could have disbelieved such evidence, but it was not subject to   multiple interpretations.
Output: non-overruling
also see, coggins v. joseph, 504 so.2d 211, 213-14 (miss.
Output: non-overruling
in howard, we rejected the appellant's sixth amendment claim because we found the chemist's reports were ""sufficiently trustworthy to satisfy the purpose of the confrontation clause."" 473 a.2d at 839.
Output: non-overruling
we have concluded that it is erroneous and to the extent that sutton v. commonwealth, supra, indicates that a person may be prosecuted both for theft and knowingly receiving the same stolen article, it is overruled.
Output: overruling
the policy does not provide deadlines.
Output: non-overruling
any prior cases to the contrary such as montoya and romo are expressly overruled.
Output: overruling
those cases (cavarly and clark) and such cases as estate of blake, 157 cal. 448 [ 108 p. 287], and estate of hamon, 136 cal.app. 517 [ 29 p.2d 326], are disapproved insofar as the question herein decided is concerned.
Output: overruling
in franchise tax bd. of cal. v. hyatt, o.t. 2002, no. 42, p. 12. we reviewed that decision, and we affirmed.
Output: non-overruling
as a result, there simply is no basis for concluding that the 911 call was outcome-determinative.
Output: non-overruling
chavers, 991 s.w.2d at 460
Output: non-overruling
tobey filed his complaint on april 1, 2016.
Output: non-overruling
brown eventually lost consciousness due to defendant's actions.
Output: non-overruling
see jaghory v. new york state dep't of educ., 131 f.3d 326, 329 (2d cir. 1997).
Output: non-overruling
""attorneys have wide latitude in opening and closing statements, subject to the trial court's control, and limitation of the scope of the arguments is within the trial court's discretion.""
Output: non-overruling
while we believe that we have distinguished the kelly and godfrey cases it should perhaps be said that to the extent those cases may be considered as conflicting with this opinion they should no longer be followed.
Output: overruling
the trial court's finding is neither defendant's stated salary amount nor the amount to which defendant testified at trial.
Output: non-overruling
language to the contrary which we used in duehay v. acacia mutual life ins. co., infra, was unnecessary for decision in that case and is overruled.
Output: overruling
similarly, the published opinion of the court of civil appeals in metcalf v. oklahoma state board of licensure and supervision, 1992 ok civ app 174, 848 p.2d is also expressly disapproved to the extent that it might be construed to support the argument that district courts lack jurisdiction to hear appeals from a decision of the board denying an application for a medical license.
Output: overruling