niryuu/sni-each-converted huggingface dataset:
accordingly, the decision of the district court is approved, state ex rel. gore newspapers company v. tyson, supra, is overruled, and the writ heretofore issued is discharged.
Output: overruling
346 n.w.2d 128, 130 (minn.
Output: non-overruling
we think the case is distinguishable on the facts but to the extent that it holds, if it does, that written findings of fact are not required of administrative agencies, it is hereby overruled.
Output: overruling
morris is therefore overruled to the extent that it is inconsistent with this principle.
Output: overruling
the third article pryce offered into evidence was published on august 8, 2016, on the website of the custer county chief newspaper.
Output: non-overruling
moreover, the confrontation.
Output: non-overruling
thus, the texas supreme court held that the reports were deficient because they did not adequately show a causal relationship.
Output: non-overruling
[9.] south dakota's version of the uniform arbitration act, found in sdcl chapter 21-25a, also fails to provide a right of appeal from the circuit court's order compelling arbitration.
Output: non-overruling
we recede from beaver to the extent that it holds that once any aspect of an insurance controversy is before a court that no other aspect of the controversy may be decided by arbitration.
Output: overruling
he states that he seeks to preserve the issue for further review.
Output: non-overruling
. to the extent they conflict with this holding, we disapprove dameshghi, supra, 3 cal.app.4th 1262, and renfrew, supra, 175 cal.app.3d 1105.
Output: overruling
in the may 2017 order, the district court asserts that the march 2013 order was not temporary, but the may 2017 order itself then goes on to state that, ""[christopher] was then to offset the cost of the unlv class for [kathy] for 2 months by dropping the monthly amount down to $200.00 
Output: non-overruling
when carlton and caldwell began to leave underground atlanta, carlton waved down police.
Output: non-overruling
see id.  154.128(a)(3).
Output: non-overruling
we overrule hughes v. state to the extent that it contradicts our holding in this case.
Output: overruling
the majority now overrules modesto insofar as it holds that failure to instruct upon a lesser included offense is prejudicial per se.
Output: overruling
the scope of a warrantless search of an automobile is defined by the object of the search and the places in which there is probable cause to believe that it may be found.
Output: non-overruling
thus, to the extent inconsistent herewith, omni ins. co. v. kentucky farm bureau mut. ins. co., 999 s.w.2d 724, state farm mut. auto. ins. co. v. register, 583 s.w.2d 705, and royal-globe ins. companies v. safeco ins. co. of america, 560 s.w.2d 22, are overruled.
Output: overruling
incompetence may occur at various points after conviction, and it may recede and later reoccur.
Output: non-overruling
that average is set based on existing  structures that lie within 250 feet of the applicable measuring point.
Output: non-overruling
as a detainee, enriquez claims, sheriff villanueva wrongfully and unlawfully imprisoned him when sheriff villanueva transferred him back to the penitentiary to continue  serving a sentence that did not exist under furman. enriquez asserts that as a result, he was subjected to false imprisonment and cruel and unusual punishment in violation of his constitutional rights.
Output: non-overruling
consequently, failing to perform, or failing to perform competently, under a contract cannot itself give rise to tort liability, but if the same conduct violates an independently existing duty, the fact that it constitutes a breach of contract does not preclude tort liability.
Output: non-overruling
19 it is well settled that where the legislature has delegated the authority to exercise the power of eminent domain, such power includes the authority to determine the necessity of exercising the right.
Output: non-overruling
accordingly, we overrule alfree and abrogate the doctrine.
Output: overruling
we disapprove of other courts of appeals' decisions to the extent that they applied the particularized need/risk analysis to claims brought by suspects injured during an arrest.
Output: overruling
in conclusion, we approve the result in boecher and disapprove the third district's contrary opinions in carrera and adair.
Output: overruling
to the extent the previous decisions in ex parte talley, brown, ex parte green, roberts, in re williams, harrell, akers, coffer, stucker, sam and edens conflict with the court's decision herein, they are expressly overruled.
Output: overruling
however, we overrule the vitale case insofar as it is in conflict with our reasoning herein.
Output: overruling
defendant raises a series of challenges to california's death penalty statute on grounds that we have repeatedly rejected.
Output: non-overruling
we disapprove the following cases to the extent they are inconsistent with our opinion today.
Output: overruling
to the extent this was the rationale for the holdings in foothill and jabola, they would appear to be inconsistent with a line of cases which have upheld the constitutionality of similar regulations.
Output: overruling
because of that conflict, we overrule rollins cause of that conflict, we overrule rollins and reverse the district court's judgment.
Output: overruling
while the chappells acknowledge that the note stated that the monthly payments would increase after 60 months, they emphasize that the note further specified that the bank would provide notice of the increase as a condition precedent to instituting foreclosure proceedings.
Output: non-overruling
in that respect the opinion in the webb case is in error and is in conflict with what we have said in this opinion.
Output: overruling
we overrule the holding in trulock on this point.
Output: overruling
we granted certiorari in light of disagreement among the circuits.
Output: overruling
we consider this opinion en banc in order to clarify our opinion in clark v. state.
Output: overruling
there is no expression by congress here of a waiver of sovereign immunity where the irs acts reasonably and in good faith to collect tax debts it reasonably believes do not fall within the   scope of a discharge injunction.
Output: non-overruling
i, therefore, conclude that my earlier decision in in re tallo was in error and i hereby reverse the effect of that decision by concluding that the household mortgage cannot be modified since it encumbers nothing but the real property that constitutes the debtors' residence.
Output: overruling
thus, given our determination that the evans per se rule of error offends the deference traditionally accorded the trial court's conduct of voir dire and is virtually unlimited in its application, we hereby overrule evans and subsequent cases extending its holding.
Output: overruling
the trial court was the first to consider the enforceability of the covenant.
Output: non-overruling
we disapprove the cases that have reached conflicting decisions.
Output: overruling
we hereby recede from anything said in conyers contrary to the views expressed herein.
Output: overruling
see, e.g., in re paulson, 346 or 676, 713, 216 p3d 859 (2009), adh'd to as modified on recons, 347 or 529, 225 p3d 41 (2010) (quoting aba standards at 7).
Output: non-overruling
a rational compromise on the initial allocation was not invidious 'discrimination' of the kind prohibited by the duty of fair representation.""
Output: non-overruling
we therefore disapprove the second district's failure to distinguish determinate and indeterminate commitments in requiring credit in e.r., but approve the fourth district's requirement of credit on determinate sentences in l.k., j.b., and c.c.
Output: overruling
halleck v. koloski, 4 ohio st.2d 76, 212 n.e.2d 601 (1965).
Output: non-overruling
plaintiff, individually and on behalf of the prodigy corporations, instituted this action against fowlkes, barger, amanda smith, cody smith, and united spirit, inc. plaintiff brought individual claims against defendants for, inter alia, facilitation of fraud, civil conspiracy, unfair and deceptive trade practices, and usurping a corporate opportunity.
Output: non-overruling
accordingly, we overrule our contrary holding, on this specific point, in petitto, 767 f.2d at 610.
Output: overruling
the circuit court vacated harris's mandatory sentence of life without parole and remanded for resentencing.
Output: non-overruling
in its holding, the third district adopted the reasoning of the fifth district's opinion in spilman, while certifying conflict with the fourth district's opinion in hamilton.
Output: overruling
lane expressly overruled knox in that respect.
Output: overruling
thus, the presence of an ambiguity in a contract does not always indicate a structural failure; it could just as easily mean that the parties intended to be bound to arbitrate and that the trial court, as the outside interpreter of the contract, should admit parol evidence to shed light on that contract's limits.
Output: non-overruling
whatever "higher" expectation of privacy a traveler may have in a private roomette, we hold that such roomettes do not confer upon occupants the same degree of privacy as a dwelling or hotel or motel room, and we overrule any contrary statement in united states v. dimick.
Output: overruling
we disapprove any implication in nerell v. superior court (1971) 20 cal.app.3d 593, 597 [ 97 cal.rptr. 702]; people v. malich (1971) 15 cal.app.3d 253, 265, footnote 4 [ 93 cal.rptr. 87]; and people v. vega (1970) 12 cal.app.3d 970, 972 [ 91 cal.rptr. 167], that section 1538.5 evidences a legislative intent that a defendant who applies for pretrial writ review of a denial of his motion to suppress evidence alleged to be wrongfully obtained forgoes his right to "seek further review of the validity of a search or seizure on appeal from a conviction."
Output: overruling
franks and wingfield, supra, are overruled as far as their inconsistency with this holding.
Output: overruling
the contentions in the father's brief in opposition to the motion are raised for the first time on appeal and therefore are not properly before us (see matter of paige k. [jay j.b.], 81 ad3d 1284, 1284 [4th dept 2011]).
Output: non-overruling
the only semblance of moderation associated with today's writing is the strategic decision to overrule st. elizabeth hospital while apparently leaving all related law in place.
Output: overruling
to the extent that people v. milton, supra, 55 cal.app.4th 365, people v. allen, supra, 53 cal.app.4th 1127, people v. sanders, supra, 52 cal.app.4th 175, people v. robles, supra, 51 cal.app.4th 627, people v. ervin, supra, 50 cal.app.4th 259, people v. holloway (1996) 47 cal.app.4th 1757 [ 55 cal.rptr.2d 547], people v. howard (1996) 47 cal.app.4th 1526 [ 55 cal.rptr.2d 520], and people v. ramos (1996) 47 cal.app.4th 432 [ 55 cal.rptr.2d 1] are inconsistent with the views expressed in this opinion, they are disapproved.
Output: overruling
1993) (en   banc)); see also perry, 408 u.s. at 601-02 (holding that mutually explicit understanding could give rise to protected property interest).
Output: non-overruling
in so holding, we overrule newsome v. state, 197 miss. 797, 20 so.2d 708 (1945), in which this court held the dangerous character of the victim could not be proven by his prior acts of violence, although the defendant had knowledge thereof.
Output: overruling
therefore, to the extent mckinney and civella are inconsistent with this proposition, they are overruled.
Output: overruling
suffice it to say, that most prior oklahoma authority which would prevent a spouse's free and voluntary consent to be used to validate a warrantless search is, in our opinion, distinguishable; in any case, to the extent prior cases are contra to our present holding, they are hereby expressly overruled.
Output: overruling
the court found that the assault occurred while children were present, causing them emotional trauma.
Output: non-overruling
to the extent hays v. arave, 977 f.2d 475 (9th cir. 1992), on which the panel relied in reaching the opposite conclusion, is inconsistent with our analysis, it is hereby overruled.
Output: overruling
see grimes, 804 a.2d at 266 (holding that ""to the extent such transactions obligate the board concerning stock issuance, the board must approve them in writing"") (emphasis added).
Output: non-overruling
people v. laiwa is not overruled (same line of cases).
Output: overruling
leson has argued that plaintiff's admission in her deposition that the water on the service bay floor was ""open and obvious"" defeats her claim.
Output: non-overruling
(fsor at p. 20; see also id. at p. 8 [noting standards board's belief that ""requiring all employers with employees working outdoors to determine the wbgt [wet bulb globe temperature] on a continuous, or even intermittent, basis would not substantially contribute to control of employee risk of heat illness while at the same time consuming resources that could have a greater effect implementing control measures, such as providing readily available drinking water along with shade and other means of cooling""].)
Output: non-overruling
and to the extent that dicke is inconsistent with any of today's analysis, it is accordingly overruled.
Output: overruling
we therefore disapprove people v. bullwinkle (1980) supra, 105 cal.app.3d 82, 86-90, and a dictum in people v. longwill
Output: overruling
as discussed above, those tribunals have been found to operate   consistently with the constitution and their judgments bar subsequent civilian prosecution for charges resolved therein.
Output: non-overruling
to the extent that this language in atwood is inconsistent with our holdings today and in thomas ii, it is disavowed.
Output: overruling
to the extent that we have equated the summary judgment and directed verdict standards, see, e.g., cameron v. changcraft, 251 p.3d 1008, 1017 & n. 16 (alaska 2011); braund, inc., 486 p.2d at 53, we disavow those misleading statements.
Output: overruling
division two of the court of appeals rejected tobin's narrow reading of the events sufficient to trigger the statute of limitations.
Output: overruling
at least two courts have refused to apply the discovery rule to cases involving statutory violations under r.c. 2305.07.
Output: non-overruling
for these reasons, we overrule the language of people v. mcgee, supra, 1 cal.2d 611, and its progeny, to the extent it suggests a court lacks fundamental subject matter jurisdiction over a time-barred criminal action.
Output: overruling
these and other statements in the opinion in that case are inconsistent with the decisions of this court both before and after it on the subject of the judicial power of the commission.
Output: overruling
we disapprove of jensen construction co. v. dallas county, 920 s.w.2d 761 (tex.app.-dallas 1996, writ denied), to the extent that it holds otherwise.
Output: overruling
because county boards of education are local agencies of the state, they are clothed in constitutional immunity from suit, and we overrule sims and kimmons, 204 ala. at 387, 85 so. at 777 ("the county board of education is given the right to sue, and the implied right to be sued. . . ."), to the extent that they and their progeny impose an implied "right to be sued" on county boards of education.
Output: overruling
the case of garrison v. street harper furniture carpet company, supra, is expressly overruled.
Output: overruling
to the extent state v. mckrackern, 1945, 141 me. 194, 41 a.2d 817, may hold that aggravation, even in general terms, need not be alleged in the indictment, it is overruled.
Output: overruling
however, when a contract contains a latent ambiguity, the question of the parties' intent requires the taking of parol evidencesomething which this court will not do.
Output: non-overruling
on february 2, 2017, the vop court filed a brief opinion indicating that it would not opine on any issues given counsel's intent to file an
Output: non-overruling
we conclude that we are required to hold that the specific offense designated as the object of the conspiracy in a  371 indictment does constitute an element of the offense, and we therefore overrule our opinion holding to the contrary, united states v. alerta, 96 f.3d 1230, 1239 (9th cir. 1996), overruled on other grounds by united states v. nordby
Output: overruling
upon further consideration of our holding in carter oil co. v. samuels, supra, we now conclude that carter should be overruled, and that payment and acceptance of delay rental under the terms of the lease does not in and of itself constitute a waiver of an implied covenant on the part of the lessee to protect the lessor from drainage.
Output: overruling
n.d. ill. 1992), and in re lawrence paperboard corp., 52 b.r. 907 (bankr.
Output: overruling
we therefore disapprove wickersham's inaccurate assertion that "unreasonable self-defense" is a "defense.
Output: overruling
42 we find no abuse of discretion in the circuit court's finding that the affidavits complied with the requirements of rule 191. both cassem and levinson had a sufficient degree of personal knowledge of the facts asserted in their affidavits by virtue of their employment with or for the funds.
Output: non-overruling
we therefore overrule schoebel as the law of this circuit.
Output: overruling
unlike the court, however, i would hold that all these districts must satisfy strict scrutiny.
Output: non-overruling
accordingly, to the extent that texas trading conflicts with our holding today that foreign states are not "persons" entitled to rights under the due process clause, it is overruled.
Output: overruling
to the extent that dicta in washington university suggests that a tort action should be brought rather than an action in inverse condemnation, that dicta is disapproved and should no longer be followed.
Output: overruling
marley's testimony that gurino called himself the ""suncruz kid"" was admissible as a statement against penal interest.
Output: non-overruling
petitioner argues that the tribunal erred by affirming the department's denial of a pre for the property for the 2010 through 2013 tax years.
Output: non-overruling
mcdonald is erroneous.
Output: overruling
the cases were all decided prior to the cases cited above in the text.
Output: overruling
although white testified that gladys herself called him to discuss the preparation of her 2008 will, clara disputed whether her mother could have looked up the number in the phone book. according to clara, gladys's eyesight had become so poor that gladys had difficulty reading or even seeing a glass of water in front of her. clara further testified that gladys needed help dialing phone numbers and would ask clara to dial the numbers for her. 33.
Output: non-overruling
again, a couple of times, gdowski seemed to loosely reference a two-year opportunity given to russell at the lapeer store with assurance pay.
Output: non-overruling
we hold that esco mistakenly applied ross in the context of a dismissal of an election-contest petition, and we overrule esco to the extent that it provides that the dismissal of election-contest actions for failure to satisfy jurisdictional ( i.e., nonmerits) prerequisites can be with prejudice.
Output: overruling
accordingly, to the extent of any conflict nemecek v. state, 621 s.w.2d 404 (tex.cr.app. 1980) is overruled.
Output: overruling
for that reason, we disapprove people v. graham, supra, 83 cal.app.3d 736, to the extent it so requires.
Output: overruling
in the instant case, defendant filed a motion requesting, inter alia, primary custody of lauren and modification of the existing visitation terms and provisions, due to issues that had arisen following entry of the first modification order. after a hearing, the trial court concluded, in relevant part:
Output: non-overruling
the statute concerns the admission of ""evidence of a statement made by a witness,"" so that ""the witness"" in the statute who ""narrates, describes, or explains an event or condition of which the witness had personal knowledge"" is the person who gave the prior inconsistent statement that a party seeks to admit.
Output: non-overruling
id. at 354, 775 s.e.2d at 331.
Output: non-overruling
appeal by the defendant from a judgment of the supreme court, suffolk county (william j. condon, j.), rendered march 24, 2015, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
Output: non-overruling
to the extent it is inconsistent with this conclusion, tabucchi, supra, 64 cal.app.3d 133, is disapproved.
Output: overruling
the decisions in hunt, fuller, and lary are overruled to the extent that they conflict with the modified vehicle-damage rule set forth in this opinion.
Output: overruling
at a december 14, 2015 hearing on the parties' motions and exceptions, the trial court maintained the exception of res judicata as to all claims for rescission, avoidance, or nullity of the option agreement, with the caveat that it denied the exception as it related to any claims of termination, reformation, or any other claims not dismissed by the trial court or this court.
Output: non-overruling
federal rule 33(d) is normally discussed in the context of a party's invocation of the rule in response to an interrogatory and a subsequent challenge to the sufficiency of that response by the requesting party through a motion to compel discovery.
Output: non-overruling
tex. civ. prac. & rem. code ann. 18.001(e)(1).
Output: non-overruling
we hold that the denial of appellants' motion for summary judgment is not appealable under section 1292(a)(1), and as our result here is inconsistent with the result reached in the above cases we are reversing the rule set forth therein which until now has settled the matter in this circuit in favor of appealability, peter pan fabrics, inc. v. dixon textile corp.
Output: overruling
defendant's class x conviction of armed violence is governed by sections 33a-2 and 33a-3 of the criminal code of 2012 (720 ilcs 5/33a-2(a), 33a-3(a) (west 2014)).
Output: non-overruling
so to be clear, to the extent tuck held that the judiciary possesses some power to interfere in the legislature's internal procedure, we overrule it today.
Output: overruling
insofar as that language conflicts with the decision in the instant case it must be overruled.
Output: overruling
further, for the sake of clarity and consistency, we overrule earthgrains v. cranz
Output: overruling
nonetheless, the record is clear that, immediately upon confronting a.c., bernard no longer had consent to remain in the house.
Output: non-overruling
three circuits  two sitting en banc  have disagreed with farrakhan i and concluded that felon disenfranchisement laws are categorically exempt from challenges brought under section 2 of the vra.
Output: overruling
accordingly, we disapprove of thomas to the extent it is inconsistent with watson.
Output: overruling
inasmuch as the maximum term of the defendant's sentence expired during the pendency of this appeal, any issues which relate to the length of his sentence are academic (see people v velez, 116 ad3d 1077, 1077; people v gonzalez, 113 ad3d 792, 793; people v conklin, 46 ad3d 698, 698; people v ackridge, 31 ad3d 654, 655). under these circumstances, we need not reach the defendant's remaining contention that his appeal waiver was invalid (see people v bernard, 155 ad3d 1059, 1059; people v thomas, 139 ad3d 986, 986).
Output: non-overruling
our supreme court held the trial court's order did not violate separation of powers principles despite the fact that a legislative committee deleted a line-item appropriation for this particular fee award.
Output: non-overruling
""if a statute is susceptible of more than one meaning, one of which is constitutional and the other not, we interpret the statute as being consistent with the constitution.""
Output: non-overruling
725 f.3d at 1207 (citing to 40 c.f.r.  122.26(d)(2)(i)(f) (regarding municipal storm water discharges)).
Output: non-overruling
accordingly, we overrule sanchez as to its ultimate conclusion.
Output: overruling
the majority properly rejects our prior holding in united states v. rosen
Output: overruling
the majority overrules the recent decision of ex parte trisler, 605 s.w.2d 619 (tex.cr.app. 1980), and the long line of decisions it represents, without regard to the doctrine of stare decisis.
Output: overruling
after full reconsideration of the issues involved, we now reject our earlier position in part vii of fowler and adopt the view taken by the fourth circuit in douglas.
Output: overruling
accordingly, i would proceed to address the merits and reverse as a genuine issue of fact exists.
Output: non-overruling
accordingly, we overrule zinsmeyer to the extent it is inconsistent with this opinion.
Output: overruling
he then estimates that ""at least 960 brake linings were blown out in marcantoni's garage"" during that period of time. he arrives at that figure by multiplying the number of brake linings per wheel (2) by the number of wheels per tandem dump truck (10) by the number of brake replacements per year (2), which comes to 40 brake linings being blown out per   truck per year.
Output: non-overruling
he also complains that siriani did not warn him that he could be personally liable for those fees if they were not paid by the estate.
Output: non-overruling
he further noted that martin and unger modified basf's off-the-shelf liquids with additives, parameters, and plating processes claimed as novel in the '371 application.
Output: non-overruling
a rereading and rethinking of victor in relation to douglas v. california, supra, and our discussion in the instant opinion, convinces us that victor was not correct and should be overruled.
Output: overruling
r., 254 s.w.2d 394 (1953) and other cases are in conflict with our holding today, they are overruled."
Output: overruling
1976) (internal   quotation marks omitted).
Output: non-overruling
we affirm without additional comment the trial court's rulings on the propriety of notice and adjudication regarding graves' status as an hfo.
Output: non-overruling
also, the record supports the court's findings that diaz's actions were not a product of control by salgado or a product of her fear of him.
Output: non-overruling
it seems clear that in this respect the act was meant to and did overrule such cases as ree v. state, 565 so.2d 1329 (fla. 1990) and pierre v. state.
Output: overruling
to the extent that don hill holds that a derivative claimant can perfect a lien without timely supplying all of the notices required by section 53.056 of the texas property code, it is overruled.
Output: overruling
we disapprove of this language in l.c.
Output: overruling
therefore, to the extent that language in lam suggests otherwise, such language should be disapproved.
Output: overruling
iv. referencing prior lawsuits.
Output: non-overruling
30 accordingly, until there is more guidance and an effort at uniformity, we will continue to see a steady flow of cases in which this issue is raised, with widely varying results from our court.
Output: non-overruling
see vardaman, 711 so.2d at 732-733.
Output: non-overruling
on appeal, the government argues that: ""[t]he specification contains a detailed description of a best mode embodiment of the invention with every reference to power being expressed in the [i]mperial units of 'horsepower' or 'hp,'"" cross-appellant's br. 55 (footnote omitted); see '032 patent col.
Output: non-overruling
our opinion in in re hart, 923 f.2d 1410 (10th cir. 1991) (per curiam), is accordingly overruled to the extent it conflicts with nobelman.
Output: overruling
actually, in his appellate briefing, mr. havens argues that he is entitled to compensatory damages under both title ii and  504.
Output: non-overruling
the majority correctly notes that abandonment of the doctrine and reversal is not yet compelled in this case by the united states supreme court's first amendment jurisprudence.
Output: non-overruling
to the extent that it holds to the contrary, murdoch i is overruled.
Output: overruling
see heckman v. williamson cty., 369 s.w.3d 137, 150 (tex. 2012) (plea to jurisdiction must be granted if defendant presents undisputed evidence that negates existence of jurisdiction).
Output: non-overruling
3. closing argument.
Output: non-overruling
he also claims that the district court erred when it rejected his ineffective assistance of counsel claims.
Output: non-overruling
to the extent that adams holds that there can be no recovery for negligent interference with prospective economic advantage, it is disapproved.
Output: overruling
we provide the following explanations of this construction's application.
Output: non-overruling
this assignment of error is accordingly overruled.
Output: non-overruling
southern reporter. (madison circuit court, dr-17-3415)  per curiam.
Output: non-overruling
insofar as brachbill is read to mean pecuniary inducement alone will suffice without proof of intimidation, it is disapproved.
Output: overruling
however, i now agree with the decision of the majority to overrule lewis.
Output: overruling
in affirming the defendant's convictions and sentence, the court of appeals generally disapproved trial court consideration of the lsi-r as "contrary to the essential function of the trial court in sentencing.
Output: overruling
stowers had a full and fair opportunity to litigate his contempt in those proceedings, all the way through appeal to our court.
Output: non-overruling
we now hold that zauderer in fact does reach beyond problems of deception, sufficiently to encompass the disclosure mandates at issue here.
Output: overruling
upon the authority of odom, we hereby recede from our inadvertent comment in singleton.
Output: overruling
in addition, ""a mandatory injunction is the proper means of enforcing a restrictive agreement affecting real estate.""
Output: non-overruling
although we are reluctant to abandon settled precedent, a majority of this court is now convinced that our decision in federal kemper was improvident and should be overruled.
Output: overruling
after agreeing to have the parties' dispute resolved on a paper record, at oral argument lively argued that cooper ""forgot"" to process the payment or became distracted, and the court should so conclude by drawing inferences in favor of lively as the ""non-moving party.""
Output: non-overruling
we disagree with the premise of knowles's argument suggesting that the ptab's claim construction conflicts with mems technology.
Output: non-overruling
balow is in direct conflict with at least two recent court of appeals cases, brown v. state, 810 s.w.2d 716, 718 (mo.app. 1991), and rogers v. state, 810 s.w.2d 125 (mo.app. 1991).
Output: overruling
the majority claims the court of appeals read the pra statute of limitations (rcw 42.56.550(6) ) too narrowly in tobin v. worden
Output: overruling
in that regard, the legislature expressly declared: "it is the intent of this legislation to provide that all objections to the form and substance of the moving and opposing papers shall be first made in the trial court and not on appeal by the parties or by the appellate court and to expressly overrule the rules stated in witchell v. dekorne [(1986)] 179 [cal.app.3d] 965 [ 225 cal.rptr. 176] and zuckerman v. pacific savings bank.
Output: overruling
see rosenberg v. north bergen, 61 n.j. 190, 199 (1972) (""the function of [a] statute [of repose] is thus rather to define substantive rights than to alter or modify a remedy""); cronin v. howe, 906 s.w.2d 910, 913 (tenn.
Output: non-overruling
that is true of the present case; and, due to intervening supreme court precedent, we reject our recent characterization in mosser, followed as binding precedent in this court in a number of cases, see qualchoice, inc., 367 f.3d at 642, 647, that a federal court has no subject-matter jurisdiction over an action ostensibly brought under 29 u.s.c.  1132(a)(3) apparently for solely legal relief.
Output: overruling
see  mciver, 134 n.c.app. at 588, 518 s.e.2d at 526.
Output: non-overruling
accordingly, we similarly disapprove the decisions in vanderbilt inn on the gulf v. pfenninger, __ so.2d __, 2002 wl 459252 (fla. 2d dca february 8, 2002), bomemann v. ure, 778 so.2d 1077 (fla. 4th dca 2001), and silva v. lazar, 766 so.2d 341 (fla. 4th dca 2000), to the extent that they adopt the erroneous due diligence principle of tejada which is disapproved here.
Output: overruling
"" gratz v. bollinger, 539 u.s. 244, 270, 123 s.ct. 2411, 156 l.ed.2d 257 (2003) (quoting adarand constructors, inc. v. pe, 515 u.s. 200, 224, 115 s.ct. 2097, 132 l.ed.2d 158 (1995) ); see also miller, supra, at 904, 115 s.ct. 2475 (""this rule obtains with equal force regardless of the race of those burdened or benefited by a particular classification "" (quoting croson, supra, at 494, 109 s.ct. 706 (plurality opinion of o'connor, j.))). ""thus, any person, of whatever race, has the right to demand that any governmental actor subject to the constitution justify any racial classification subjecting that person to unequal treatment under the strictest of judicial scrutiny.
Output: non-overruling
we apply this standard to determine whether excusing a prospective juror in a capital case for cause based on the prospective juror's views on capital punishment violates the defendant's right to an impartial jury under article i, section 16 of the california constitution. [citations.]
Output: non-overruling
and we agree.
Output: non-overruling
id.  2679(d)(5).
Output: non-overruling
because all presumptions are in favor of the constitutionality of a statute, the burden is on the party claiming that the law is unconstitutional to prove it.
Output: non-overruling
but we disavow jose m.'s reasoning with respect to (1) its distinguishing the significance of adoption in private versus state-initiated severance cases, and (2) its assessing the benefits of adoption solely in terms of whether the child's "day-to-day" living arrangement will change.
Output: overruling
to the extent that park suggests that the factual predicates for an undertaking duty are to be decided by the court, we disapprove it.
Output: overruling
(emphasis supplied); u.s. const. amend.
Output: non-overruling
to the extent that johnson implies that the rule controls over section 510.150
Output: overruling
to the extent that these cases are inconsistent with our opinion today, they are disapproved.
Output: overruling
it further quoted commissioner norris as saying:
Output: non-overruling
accordingly, we overrule get it kwik, to the extent that that opinion holds that a where a violation of the notice provisions of the bulk transfers act has occurred, the transferee cannot be personally liable to the transferor's creditors under any circumstances.
Output: overruling
we conclude remand is necessary given the unique questions involved and the limited facts available to us as an appellate court.
Output: non-overruling
zhong v. u.s. dep't of justice, 480 f.3d at 107, 120.
Output: non-overruling
instead, a plaintiff must ""provide enough detail to show the factual basis for its claim.""
Output: non-overruling
insofar as davis conflicts with this opinion it is overruled.
Output: overruling
but having now fully considered these irreconcilable principles, we have concluded that smith must be overruled.
Output: overruling
because of supreme court precedent to the contrary, we now disapprove of these cases to the extent they hold, as a general rule, that a trial court need not test lesser sanctions before imposing death penalty sanctions.
Output: overruling
we affirm, and in so doing, we recede from sapphire condominium association v. amerivend corp., 691 so.2d 600 (fla. 4th dca 1997), and bridgeport inc. v. rinker materials corp.
Output: overruling
however, to the extentfesmire, supra, and cases following it require a trial judge, without exception, once an allegation of abuse has been made, to make a finding on the record as to whether "domestic abuse" has in fact occurred, they are in error and are hereby overruled.
Output: overruling
the following is a partial listing of the cases which are overruled insofar as they hold an expert witness cannot testify as to bodily position at the time of a homicide:
Output: overruling
we approve the decision of the court below and disapprove mayberry v. state, 561 so.2d 1201 (fla. 2d dca 1990), to the extent it conflicts herewith.
Output: overruling
we overrule taylor v. knox county board of education, 292 ky. 767, 167 s.w.2d 700 (1942), and board of education of rockcastle county v. kirby, 926 s.w.2d 455 (ky. 1996), to the extent that they hold that krs 161.310 provides a waiver of a board of education's governmental immunity.
Output: overruling
more recently, in williams, the reviewing court also held that no conflict exists between section 115-4.1(g) and supreme court rule 606(b).
Output: non-overruling
however, the extent and effect of that autonomy remains in dispute, particularly in light of the other ways in which dha was in control of simpkins' work and employment.
Output: non-overruling
see n.c. gen. stat.  7b-201(a) (2017); see also n.c. gen. stat.  7b-1000(b) (""in any case where the court finds the juvenile to be . . . dependent, the jurisdiction of the court to modify any order or disposition made in the case shall continue during the minority of the juvenile, until terminated by order of the court, or until the juvenile is otherwise emancipated.""). respondent-father was and is free to file a motion in the cause to modify the conditions of his visitation with diana.
Output: non-overruling
therefore, to the extent that our decision in maise conflicts with our holding in the case before us, maise is overruled.
Output: overruling
the contrary holding in konstantinidis v. the s.s. tarsus, 196 f. supp. 433 (e.d.n.y. 1961), is disapproved, as are similar intimations in miravalles compania naviera, s.s. v. nissho co., 207 f. supp. 716 (e.d.n.y. 1962) and ships freights inc. v. farr, whitlock co.
Output: overruling
accordingly, flowal, ramirez, strayhorn and all other cases before this circuit in which we have held that apprendi applies to mandatory minimum sentences, are overruled to the extent they conflict with harris and this opinion.
Output: overruling
we now adopt the rule tentatively ascribed to us by the prestin court, and disapprove the holdings in richard v. degen brody, inc., supra, 181 cal.app.2d 289 and hamilton v. dixon.
Output: overruling
47 although defendant likens the testimony at his trial to that of people v. sample, 326 ill. app. 3d 914 (2001), we disagree.
Output: non-overruling
however, we acknowledge that during his testimony, james denied sending the text messages.
Output: non-overruling
this rule is a by product of the hands-on approach to reviewing jewell cases we eschew today and does not survive our opinion.
Output: overruling
we disapprove of people v. aris, supra, 215 cal.app.3d 1178, and people v. day, supra, 2 cal.app.4th 405, to the extent they are inconsistent with this conclusion.
Output: overruling
we therefore overrule mcgore; and we hold, like every other circuit to have reached the issue, that under rule 15(a) a district court can allow a plaintiff to amend his complaint even when the complaint is subject to dismissal under the plra.
Output: overruling
filed, which appears to hold to the contrary, is hereby overruled.
Output: overruling
however, standing, a component of a court's subject-matter jurisdiction, cannot be conceded or waived.
Output: non-overruling
we disapprove that decision to the extent it implies that parties to all dissolution proceedings involving minor children have an absolute privacy right to seal the file.
Output: overruling
in state v. berber, 48 wash. app. 583, 584-85 (wash.
Output: non-overruling
to the extent that other cases have cited carr for the proposition that a conviction under section 245(a)(2) does not involve moral turpitude, those cases, too, are overruled in that limited way.
Output: overruling
finally, howell asserts allowing evidence of extraneous offenses violated texas rules of evidence 401, 402, 403, and 404(b).
Output: non-overruling
it apply describes our action in these appeals as we overrule our prior holding in in re natta, 388 f.2d 215 (3d cir. 1968), which erroneously gave a broad interpretation to 35 u.s.c.  24 (1952).
Output: overruling
accordingly, in brown, the court expressly limited the scope of estrada: ""estrada is today properly understood, not as weakening or modifying the default rule of prospective operation codified in section 3, but rather as informing the rule's application in a specific context by articulating the reasonable presumption that a legislative act mitigating the punishment for a particular criminal offense is intended to apply to all nonfinal judgments.""
Output: non-overruling
the intermediate court fell into error by following previous precedents of its own court, colbert v. mike-baker brick company, 326 so.2d 900 (la.app. 3d cir. 1976) and becker v. choate, 204 so.2d 680 (la.app. 3d cir. 1967), which had erroneously overlooked the legislative overruling of the decisions upon which they were based.
Output: overruling
the court also offered no explanation for imposing the particular sentence it chose.
Output: non-overruling
id. at 135 (16).
Output: non-overruling
also overruled are any cases purporting to follow burrage.
Output: overruling
we, therefore, asked our colleagues to consider the appeal in banc on the briefs of the parties, they so voted, and this opinion represents the views of the full court.
Output: overruling
to the extent that di suvero and gould are inconsistent with this rule, they are hereby disapproved.
Output: overruling
we recede from columbia casualty co. v. zimmerman, 62 so.2d 338 (fla. 1952), and the cases which relied upon it to the extent that the columbia casualty decision is in conflict with our answer to the certified question.
Output: overruling
today's adjudication does not require that the holding of porter be overruled, only its rationale.
Output: overruling
therefore, assuming without deciding whether the expert's testimony concerning the tagging incident was inadmissible hearsay, there was sufficient evidence to show that gmc is a group that engages in criminal gang activity.
Output: non-overruling
our decision in hudson v. blanchard, supra, more narrowly interpreting the waiver clause of subsection 6, 12 o.s. 1961  385[ 12-385], is overruled.
Output: overruling
thus, to the degree that olivieri suggests that the present version of the pfa act imposes a common residency requirement, it is expressly overruled.
Output: overruling
to the extent that this court's opinion in doseck held otherwise, it is hereby overruled.
Output: overruling
so, to the extent that wilkinson holds otherwise, it is overruled.
Output: overruling
see luton, 272 or app at 490-91.
Output: non-overruling
in light of both our holding today and previous rulings in johnson, dueser, and gronroos, we now explicitly overrule dupree.
Output: overruling
to the extent that hetzel and its progeny impose different or additional requirements in the settling of instructions in a civil case under fed.r.civ.p. 51, they also are hereby overruled.
Output: overruling
paul points out that the vocational expert concluded that lauren was very professional and bright and is capable of earning a salary of up to $40,000.
Output: non-overruling
state v. andrus, 250 la. 765, 199 so.2d 867 (1967), and state v. green, 244 la. 80, 150 so.2d 571 (1963) are specifically overruled.
Output: overruling
given the legislature's intent to permit such a lawsuit, taswell was not required to exhaust judicial remedies and challenge the administrative decision by filing a petition for a writ of mandamus.
Output: non-overruling
to the extent that any of these cases may be read for the proposition that the issue of a trial court's compliance with ocga  19615 is never subject to waiver, they are hereby disapproved.
Output: overruling
the circumstances here are similar.
Output: non-overruling
accordingly, we approve the decision under review and disapprove thomas and johnson to the extent of conflict with this opinion.
Output: overruling
to sustain the position of appellant under the doctrine of the koch case would, in effect, license elderly men under the guise of kindness and charity to take indecent liberties with young girls.
Output: overruling
prominent among the chavez and garmon rulings which are disapproved and overruled is the holding that it is unlawful for an employer to make a contract with a labor "organizer" who represents none of the affected employes whereby the employer agrees that he will compel his workmen, on pain of discharge, to join the organizer's union and to "consent" that the employer shall deduct "dues" from the employes' pay checks for remittance to their "organizer"  their unchosen and unwanted "representative."
Output: overruling
lohmeier.
Output: non-overruling
to the extent reasoning in in re rachael c., supra, 235 cal.app.3d 1445, implies the contrary, it is disapproved.
Output: overruling
that part of duncan which holds there cannot be two convictions where the death of one person is a "material element" in two capital charges is incorrect and due to be overruled on that narrow point.
Output: overruling
to the extent that the decision in succession of suggs, supra, is contrary to the view expressed herein, it is expressly overruled.
Output: overruling
see generally lancaster cty. bar ass'n v. s.c. comm'n on indigent def., 380 s.c. 219, 222, 670 s.e.2d 371, 373 (2008) (stating the appellate court will reject a construction of a statute that leads to an absurd result not intended by the legislature).
Output: non-overruling
villa, supra, 156 cal.app.3d 1076, hinkle, supra, 175 cal.app.3d 587, and postural therapeutics v. workers' comp. appeals bd., supra, 179 cal.app.3d 551, are disapproved to the extent that they are inconsistent with this holding.
Output: overruling
the first prong requires the defendant to show by a preponderance of the evidence that defense counsel was not reasonably competent, while the second prong requires him to show that there is a reasonable probability that, but for defense counsel's unprofessional errors, the outcome of the proceedings would have been different.
Output: non-overruling
in people v. correa (2012) 54 cal.4th 331, 142 cal.rptr.3d 546, 278 p.3d 809, also decided today, we are disapproving language in one of our cases to bring our section 654 jurisprudence closer to the statutory language.
Output: overruling
this was the legislative intent and in so far as arnold, supra, holds to the contrary it is specifically overruled.
Output: overruling
if some evidence supports a court's decision to impose sanctions, we will not hold that it abused its discretion.
Output: non-overruling
baroid div. of nl indus., inc., 660 f.2d at 446; accord dep't of labor v. occupational safety & health review comm'n, 938 f.2d 1116, 1117-18 (10th cir. 1991).
Output: non-overruling
although we consider that the issue whether vrns are negotiable instruments is not controlled by either dillard or lexington in the interest of clarity we disapprove of the holdings in dillard and lexington to the extent they may be construed to conflict with our holding today.
Output: overruling
we reject gaskill's facial constitutional challenges based on due process and ex post facto grounds on the same basis we rejected these challenges in state v. harris,  284 neb. 214, 817 n.w.2d 258 (2012), generally for the reasons that his due process challenge is not before us and the statutes at issue were either prospective or not punitive and thus not violative of ex post facto principles.
Output: non-overruling
we accordingly overrule our holding in the gilmartin case and hold that while the time spent as a cadet in the military academy may not be counted in computing length of service, such service is service in the military forces of the united states.
Output: overruling
to the extent that they hold or contain statements to the contrary, we disapprove of such cases as maytag v. united states, 153 ct. cl. 622, 289 f.2d 647; mays v. commissioner, 272 f.2d 788 (c.a. 6th cir.); commissioner v. stokes' estate, 200 f.2d 637 (c.a. 3d cir.); foss v. commissioner, 75 f.2d 326 (c.a. 1st cir.); washburn v. commissioner, 51 f.2d 949 (c.a. 8th cir.); sage v. commissioner, 15 t.c. 299; campbell v. commissioner, 11 t.c. 510; and cluett v. commissioner
Output: overruling