niryuu/sni-each-converted huggingface dataset:
the various mitigating factors are unavailing because by virtue of his felony conviction, the respondent was automatically disbarred and ceased to be an attorney pursuant to judiciary law  90(4)(a) (see matter of ginsberg, 1 ny2d 144).
Output: non-overruling
(cal. const., art. xiii c,  2, subds.
Output: non-overruling
to the extent that the holding in travelers ins. co. v. fancher, supra, is inconsistent with our holding here, it is overruled.
Output: overruling
to the extent that hunnicutt suggests otherwise, it is overruled.
Output: overruling
williams disapproved of people v. morris (1987) 192 cal.app.3d 380, 237 cal.rptr. 402 ( morris ) to the extent it is inconsistent with our conclusion that defendant's miranda arguments are without merit.
Output: overruling
concluding that the outcome of this appeal with respect to attorney fees turns on our precedent in devine v. national treasury employees union, 805 f.2d 384 (fed. cir. 1986), and goodrich v. department of the navy, 733 f.2d 1578 (fed. cir. 1984), we decided to rehear the appeal en banc so that we could consider the following question:
Output: overruling
finding a portion of electronic power wrongly decided, the en banc court overrules it to the extent it holds that a request for findings of fact and conclusions of law extends the trial court's plenary power.
Output: overruling
the matter is remanded to the district for an award of a precise and certain amount of damages and specific declaratory judgment relief, without reference to an extrinsic source.
Output: non-overruling
spencer's case, supra, is overruled.
Output: overruling
in sheldon appel, our supreme court clarified that the question of probable cause in a malicious prosecution case is a question of law. (sheldon appel co. v. albert & oliker, supra, 47 cal.3d at p. 875.)
Output: non-overruling
{2} counsel for defendant-appellant, rick thomas fehrenbach, has filed a brief with this court pursuant to anders v. california, 386 u.s. 738, 87 s.ct. 1396 (1967), which (1) indicates that a careful review of the record from the proceedings below fails to disclose   any errors by the trial court prejudicial to the rights of appellant upon which an assignment of error may be predicated; (2) lists two potential errors ""that might arguably support the appeal,"" anders, at 744, 87 s.ct. at 1400; (3) requests that this court review the record independently to determine whether the proceedings are free from prejudicial error and without infringement of appellant's constitutional rights; (4) requests permission to withdraw as counsel for appellant on the basis that the appeal is wholly frivolous; and (5) certifies that a copy of both the brief and motion to withdraw have been served upon appellant.
Output: non-overruling
based on the above analysis, we conclude that williams was wrongly decided, and we hereby overrule it.
Output: overruling
however, when we look to the association's objection and arguments during the instructions conference, we see that the association's arguments were directed at the requested modification rejected by the circuit court.
Output: non-overruling
rather, nalwafar from disagreeing with knight referenced it as the ""seminal decision explicating and applying primary assumption of risk in the recreational context.""
Output: non-overruling
on october 4, 2012, the defendant filed a sora registration form at the swansea police department listing his current address.
Output: non-overruling
however, we overrule our prior exclusive reliance on the absolute disparity test in fair cross-section and equal protection cases, and permit district courts to analyze fair cross-section and equal protection cases using the most appropriate methods applicable to the particular challenge.
Output: overruling
in sum, we found the court's sentence substantively unreasonable in morgan because the court considered impermissible factors and failed to consider an important factor: general deterrence.
Output: non-overruling
insofar as mccurter v. older, supra, 173 cal.app.3d 582, 594, and employers casualty co. v. northwestern nat. ins. group, supra, 109 cal.app.3d 462, 474, can be read to hold that a party who fails to bring to the attention of the trial court an omission or ambiguity in its statement of decision may nevertheless avoid the presumptions in favor of the judgment, they are disapproved.
Output: overruling
in re mortimore estate, unpublished opinion per curiam of the court of appeals, issued may 17, 2011, 2011 wl 1879737 (docket no. 297280), p. 1.
Output: non-overruling
but ""not every potential loss of liberty requires the full panoply of procedural guarantees available at a criminal trial.""
Output: non-overruling
finally, the sixth trac factor goes directly to a primary dispute regarding the costanza standard.
Output: non-overruling
miller v. hotel savoy co. is out of line with the rationale of other cases above cited; it should not be followed, and it is therefore overruled.
Output: overruling
defense counsel then stated, ""it [presumptively referring to the evidence to be elicited] would relate to prior bad acts under 404(b)"", after which defense counsel informed the court that 404(b) requires only notice from the prosecutor.
Output: non-overruling
specifically, the trial court blocked appellants from putting on production and drilling cost testimony from kenneth hill, victory's ceo, when it sustained oz's objections to untimely disclosure of the witness and failure to provide access to voluminous records underpinning a summary report hill had prepared for trial.
Output: non-overruling
until those fact findings are made in a bench trial, it cannot be determined what is or is not necessary under the ada.
Output: non-overruling
id.; see also carey v. piphus, 435 u.s. 247, 248 (1978) (holding that section 1983 plaintiffs were ""entitled to recover only nominal damages"" ""in the absence of proof of actual injury."").  
Output: non-overruling
453 md. at 198.
Output: non-overruling
once more, commenters challenged the cost inflation factor, calling it ""unnecessarily complicated.""
Output: non-overruling
490 f.3d 575, 580-81 (7th cir. 2007).
Output: non-overruling
state v. stephen j. r., 309 conn. 586, 605-606, 72 a.3d 379 (2013); see also state v. ciullo, 314 conn. 28, 56, 100 a.3d 779 (2014); state v. campbell, 141 conn. app. 55, 63, 60 a.3d 967, cert. denied, 308 conn. 933, 64 a.3d 331 (2013).
Output: non-overruling
the parties' dueling contentions turned on intricate issues about those groups' membership policies (e.g.,  could harris's payment of dues to the national naacp, or bowser's financial contribution to the mecklenburg county naacp, have made either a member of the state branch?).
Output: non-overruling
people v. stewart, supra, 89 cal.app.4th 1209, and people v. tucker, supra, 187 cal.app.3d 295, are disapproved to the extent they conflict with these conclusions.
Output: overruling
we, therefore, overrule the application of that decision to cases when the complained error is readily apparent from the argument briefed.
Output: overruling
to the extent that central computer servs. would dictate a different holding, it is overruled.
Output: overruling
by amending section 846, the legislature indisputably intended to remove the darr and o'shea limitations and to immunize the owner of any interest in real property regardless of whether the interest includes the right of exclusive possession.
Output: overruling
to the extent warren and stolz disavow the second definition in queen, we reject their holdings.
Output: overruling
westminster, colorado justice hood delivered the opinion of the court.   1 an underinsured motorist struck a car driven by dale fisher, causing fisher injuries requiring over $60,000 in medical care.
Output: non-overruling
the presumption of donative intent in carter, lalime, and weeks is not applicable after long.
Output: overruling
dr. o'brien testified that banks understands he is in prison, and that he is in prison for the multiple murders.
Output: non-overruling
this case provides an illustrative example of exactly why we erred in brown and an opportunity for us to align firearm enhancements with the rest of our sentencing jurisprudence.
Output: overruling
id. at  17-18, citing douglas, 135 ohio st. at 647-48, 22 n.e.2d 195; stone v. phillips, 9th dist. summit no. 15908, 1993 wl 303281, *3 (aug. 11, 1993); and de garza v. chetister, 62 ohio app.2d 149, 155, 405 n.e.2d 331 (6th dist.1978).
Output: non-overruling
pub. l. no. 96-192,  29, 94 stat. 35, 48-49 (1980).
Output: non-overruling
see motion for a more definite statement and to dismiss and/or stay the complaint (apr. 27, 2015), available via file & servexpress.
Output: non-overruling
to the extent that stewart or macone suggest that a "should have known" standard is sufficient, they should no longer be followed.
Output: overruling
to the extent that ross v. commonwealth, supra, holds to the contrary, it is hereby overruled.
Output: overruling
the public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential.""
Output: non-overruling
our decisions in moreno v. nelson, supra, baskerville v. nelson, supra, turner v. lloyd, supra, and conway v. wilson, supra, to the extent that they are inconsistent with this opinion, are overruled.
Output: overruling
therefore, to overcome summary judgment, a party must not only make ""general allegations or conclusory assertions,"" that do not detail the facts a party believes are in dispute.
Output: non-overruling
the exception to these jurisdictional limitations is when the sentence imposed is illegal.
Output: non-overruling
therefore, to the extent that those cases are in conflict with today's holding they are overruled.
Output: overruling
the court also observed that a major fund raiser ""pleaded guilty to a charge of violation of 18 u.s.c.  600, in having promised, in 1971, a more prestigious post to ambassador (to trinidad) j. fife symington, in return for a $100,000 contribution to be split between 1970 senatorial candidates designated by the white house and mr. nixon's 1972 campaign.""
Output: non-overruling
next, defendants argue that the trial court erred by rejecting their counterclaims against the smith and bauckham plaintiffs.
Output: non-overruling
the chief immigration judge has likewise instructed ijs that ""if an unaccompanied child is applying for special immigrant juvenile . . . status, the case must be administratively closed or reset for that process to occur in the appropriate state or juvenile court.""
Output: non-overruling
j.a. 113-15.
Output: non-overruling
he asserts that the jury saw deputies escorting him to the lock up, which he contends is the equivalent of visible shackling.
Output: non-overruling
on january 18, 2011, the appellees apparently each wrote a letter to the director of the mississippi bureau of investigation.
Output: non-overruling
but abatie held that district courts may take additional evidence whenever "[procedural] irregularities have prevented full development of the administrative record," abatie, 458 f.3d at 973, and to the extent that our earlier cases conflict with abatie, a later en banc decision, those cases are no longer good law.
Output: overruling
the court stated that failure to cure the deficiencies identified in its order would result in dismissal with prejudice.
Output: non-overruling
upon our review, we find the verdicts were not inconsistent based on how the case was charged to the jury.
Output: non-overruling
second, the district court may also measure the defendant's role against other participants, to the extent they are discernable, in that relevant conduct.
Output: non-overruling
to the extent john w. is inconsistent with our opinion on this point, it is disapproved.
Output: overruling
(quotations and citations omitted).
Output: non-overruling
the progressive concrete court contrasted the language of section 2673.1, subdivision (g), which deals with claims for unpaid wages in the garment manufacturing industry and adopts the same appeal procedures as section 98.2. section 2673.1 used different language regarding an appeal bond requirement, providing in relevant part that ""[a]s a condition precedent to filing an appeal, the contractor or the guarantor, whichever appeals, shall post a bond with the commissioner in an amount equal to one and one-half times the amount of the award.""
Output: non-overruling
the trustee first contends that  506(a)(2)'s definition of replacement value as ""the price a retail merchant would charge for property of that kind"" indicates that courts should ""identify the retail price of a mobile home, not all costs incurred in connection with the purchase of a home.""
Output: non-overruling
thus, to the extent that rodgers holds that the trial court must enter a nunc pro tunc order to extend the time to appeal for ten days under cr 73.02(1)(d)
Output: overruling
thus, we disapprove that case to the extent that it is inconsistent with this opinion.
Output: overruling
to the extent that jure held that the peremptive period of la.r.s. 9:5606 does not begin to run until the conclusion of an appeal in the underlying action and that la.r.s. 9:5606 does not displace the "continuous representation rule" of lima v. schmidt , jure is overruled.
Output: overruling
we therefore overrule taber and hicks insofar as they erroneouslyapplied cr 41, 02(3) to criminal cases.
Output: overruling
applicant was convicted of solicitation of capital murder and sentenced to life years' imprisonment.
Output: non-overruling
this presumption, however, is not conclusive, and any statement to the contrary in lahn v. structural pest control board, 135 cal.app.2d 289 [ 287 p.2d 17], and any inferences to the contrary in any other case or cases are disapproved.
Output: overruling
hudson, justice.
Output: non-overruling
aekins, 447 s.w.3d at 278; vick v. state, 991 s.w.2d 830, 833 (tex. crim. app. 1999).
Output: non-overruling
ineffective-assistance-of-counsel claims are an exception to the error preservation requirement.
Output: non-overruling
child support calculations ""are ordinarily based upon recent past circumstances because past circumstances are typically a reliable indicator of future circumstances, particularly circumstances concerning income.""
Output: non-overruling
we disapprove harris, karcher, and philips to the extent they are in conflict with this decision.
Output: overruling
in fenelon v. state, 594 so.2d 292 (fla. 1992), the supreme court disapproved the giving of the flight instruction on the ground that it constitutes an impermissible comment upon the evidence.
Output: overruling
b
Output: non-overruling
to the extent davies is read to give a purchaser who is not also the judgment creditor the unilateral right to withdraw their bid before confirmation, we reject this reading.
Output: overruling
therefore, because this claim is without merit, it is summarily dismissed.
Output: non-overruling
1969), and the subsequent cases based on walton.
Output: overruling
see knight v. jewett, 834 p.2d 696, 704-05 (cal. 1992).
Output: non-overruling
for further criticism of the opinion in the gobitis case by persons who do not share the faith of the witnesses see: powell, conscience and the constitution, in democracy and national unity (university of chicago press, 1941) 1; wilkinson, some aspects of the constitutional guarantees of civil liberty, 11 fordham law review 50; fennell, the ""reconstructed court"" and religious freedom: the gobitis case in retrospect, 19 new york university law quarterly review 31; green, liberty under the fourteenth amendment, 27 washington university law quarterly 497; 9 international juridical association bulletin 1; 39 michigan law review 149; 15 st. john's law review 95.
Output: non-overruling
therefore, we specifically reject our prior cases which rely on an "ultimate objective" or "primary offense" test.
Output: overruling
bank of the united states v. bank of georgia, 10 wheaton, 347; thompson v. riggs, 5 wallace, 678; robinson v. noble, 8 peters, 198; wright v. reid, 3 term, 554; snow v. perry, 9 pickering, 542; 2 greenleaf on evidence,  601.
Output: non-overruling
had juror c.b. revealed her prior experiences and disposition toward those experiences, any competent counsel would have struck her from the jury with a peremptory challenge.
Output: non-overruling
plaintiffs established their prima facie entitlement to judgment as a matter of law on this issue by demonstrating ""that [wellington], while exposed to an elevation-related hazard, was hit and injured by a falling object, i.e., a load that required securing, because of the absence of adequate safety devices, which hazard was a proximate cause of the accident"" (jock v landmark healthcare facilities, llc, 62 ad3d at 1072).
Output: non-overruling
bego v. gordon, 407 n.w.2d 801, 804 (s.d. 1987).
Output: non-overruling
see ultreras, 296 kan. at 853.
Output: non-overruling
to the extent the court held that such release or settlement executed by the injured husband before his death did not bar an action for pecuniary loss under the wrongful death statute when brought by the personal representative of the decedent for the exclusive benefit of the surviving wife and children, if any, or next of kin, they are hereby overruled.
Output: overruling
therefore, we disapprove of hagar to the extent that it holds that the term 'charge' includes unilaterally placing on an account an amount due as interest without any other action.
Output: overruling
to the extent inconsistent with today's decision, lyman v. national mortgage bond corp. is overruled
Output: overruling
we disapprove the cases that have reached a contrary result.
Output: overruling
to the extent that a contrary rule is expressed in terry v. state, 540 so.2d 782, 783-84 (ala.cr.app. 1988), cert. denied, 540 so.2d 785 (ala. 1989), it is expressly overruled.
Output: overruling
but, having overruled haney, we no longer need apply the rationale of mooney and wooten in the context of convictions obtained under article 44.02.
Output: overruling
it may well be expensive to obtain an opinion of counsel.
Output: non-overruling
thus, we now overrule cooper stevedoring co., inc.
Output: overruling
in griffith the court explicitly overruled linkletter and held that in criminal cases, all newly declared rules of law must be applied retroactively to all criminal cases pending on direct review or not yet final  "with no exception for cases in which the new rule constitutes a `clear break' with the past.
Output: overruling
we granted certiorari, 540 u.s. 945 (2003), and now reverse.
Output: overruling
in wenke v. hitchcock, supra, 6 cal.3d 746, we partially overruled lindsey.
Output: overruling
donnelly's claims""negligence, careless conduct and wrongful tortious conduct""are all causes of action that sound in tort.
Output: non-overruling
el apple i, ltd. v. olivas, 370 s.w.3d 757, 761 (tex. 2012); blackstone medical, inc. v. phoenix surgicals, l.l.c., 470 s.w.3d 636, 657 (tex. app.dallas 2015, no pet.).
Output: non-overruling
the court relied on  64.875 which provides that ""no amendments shall be made by the county commission except after recommendation of the county planning commission . . . [and] after hearings thereon by the commission.""
Output: non-overruling
the state objected to this statement, and the trial court sustained the objection, but the state never requested that the jury be instructed to disregard her testimony.
Output: non-overruling
as i explained previously in this opinion, the majority opinion relies on the exercise of its supervisory authority and, to the extent it may be interpreted as holding contrary to the majority opinion, overrules chyung v. chyung, supra, 86 conn.app. at 665, 862 a.2d 374, the case on which the appellate court relied.
Output: overruling
in nomura, the defendant was charged with physically abusing his wife, the complaining witness.
Output: non-overruling
for h0031 ha claims, notwithstanding that ""tcc did not bill these claims to medicaid.""
Output: non-overruling
smithparker acknowledges this precedent but argues that it was wrongly decided.
Output: overruling
we overrule abril to the extent that it relied on the abrogated common law principle of inherent jurisdiction to correct illegal sentences.
Output: overruling
(citing friend, 375 f. app'x at 551)).
Output: non-overruling
to the extent clay holds otherwise, it is hereby overruled.
Output: overruling
to the extent that people v. otis, 33 cal.app.3d 893 [ 109 cal.rptr. 444], is contrary to the views expressed herein, it is disapproved.
Output: overruling
any holding by this or any other court which is contrary to the holding we make today, is overruled.
Output: overruling
juror crites stated that neither mr. truax nor his son were present when she took her smoke breaks and that she did not speak with anyone who was not a juror except for one woman who asked her for a cigarette lighter.
Output: non-overruling
to the extent that wright suggests or holds to the contrary, it is hereby overruled.
Output: overruling
appellant did not commit the completed offense of human trafficking of a minor because the alleged victim of this crime was not a person under the age of 18.
Output: non-overruling
to the extent that they are inconsistent with this conclusion, people ex rel. dept. of transportation v. superior court (clark), supra, 60 cal.app.3d 352, and its progeny are disapproved.
Output: overruling
insofar as our case of dean v. dean, supra, is contrary to the holding in this case, it is overruled.
Output: overruling
and the warrant also clearly authorized the officers to perform a forensic search of the cell phones.
Output: non-overruling
two courts of appeals have concluded that an appeal should not be allowed in this situation, and to that extent, we disapprove them.
Output: overruling
to the extent that the main opinions in edwards, giardina, and similar cases hold to the contrary, they are overruled.
Output: overruling
with these constitutional principles in mind, it is clear the minimal dictates of due process have been satisfied in this case.
Output: non-overruling
people v. superior court, supra, 202 cal. 165, and people v. superior court, supra, 240 cal.app.2d 90, which permitted the issuance of mandate where there was a danger of retrial, are disapproved.
Output: overruling
as an intermediate appellate court, we are required to follow the holdings of the ohio supreme court, which is the ultimate authority on matters of state law.
Output: non-overruling
accordingly, we overrule turner to the extent it holds that intent to kill is an element of the multiple-murder special circumstance, and adopt the following reading of the relevant statutory provisions: intent to kill is not an element of the multiple-murder special circumstance; but when the defendant is an aider and abetter rather than the actual killer, intent must be proved.
Output: overruling
sept. 21, 2010).
Output: non-overruling
1987), it is overruled.
Output: overruling
we reject the reasoning and the result in that decision.
Output: overruling
clark implicitly overrules our cases holding that harmless error analysis is inapplicable where the defendant contests intent.
Output: overruling
youngkin v. hines, 546 s.w.3d 675, 680 (tex. 2018).
Output: non-overruling
to the extent people v. gallegos, 789 p.2d 461 (colo.app. 1989), is inconsistent with the views expressed herein, that decision is disapproved.
Output: overruling
##coito v. superior court, reversed not overruled
Output: overruling
even if we interpret lockhart wrongly, we find that lockhart was overruled, albeit sub silentio, by the supreme court's adoption of the commission of appeals' judgment in kennerly.
Output: overruling
he also admitted that, before he confessed, he requested that the police charge him with manslaughter in exchange for his statement.
Output: non-overruling
rather, discrimination results from denying an available and reasonable accommodation.
Output: non-overruling
rules declared valid  smith, john, judge  minnesota department of public safety jack y. perry, jason r. asmus, briggs and morgan, p.a., minneapolis, minnesota (for petitioners) lori swanson, attorney general, stephen d. melchionne, assistant attorney general, st. paul, minnesota (for respondents) considered and decided by halbrooks, presiding judge; rodenberg, judge; and smith, john, judge.
Output: non-overruling
the court of appeals reversed the district court's decision and remanded to the district court to engage in a quantum meruit analysis by applying a set of factors that it listed in the opinion.
Output: non-overruling
and as a creature of state law, bbghad may exercise a portion of the state's police power.
Output: non-overruling
we disapprove of statements in two opinions of this court that the limitations for sexual assault of a child is five years.
Output: overruling
see, e.g., n. y. c. rules & regs., tit. 1, 27-01 (2018) (requiring signs by elevators showing stair locations); san francisco dept. of health, director's rules & regs., garbage and refuse (july 8, 2010) (requiring property owners to inform tenants about garbage disposal procedures).
Output: non-overruling
in re: review of issues relating to comm'n certification of distributed antennae sys. providers in pa., no. m-2016-2517831 at 3 n.5 (pa. p.u.c. 2016) (internal quotation marks omitted).
Output: non-overruling
applying that standard, i am convinced that fenton erred.
Output: overruling
accordingly, from this time forward, the holdings in asher, blair and durham, to the extent they conflict with this opinion, should no longer be followed.
Output: overruling
therefore, we overrule williams, clarify hernandez-hernandez, vacate gonzales's sentence and remand for resentencing.
Output: overruling
in so finding, we disapprove our earlier decision, in the interest of c.g., 261 ga.app. 814, 815, 584 s.e.2d 33 (2003), to the extent that it deems testimony describing nonverbal conduct depicted on a surveillance videotape to be hearsay.
Output: overruling
wheeler points to no state statute that would authorize appointed counsel for his  1983 claims, and his constitutional claims find no support in our precedent.
Output: non-overruling
to the extent that dicta in sheridan could be read otherwise, we reject that dicta.
Output: overruling
in so far as texas n. o. r. co. v. pool, tex.civ.app., 263 s.w.2d 582, no writ history, may be in conflict with what is here said, it is disapproved.
Output: overruling
any suggestion that our case presents a new phenomenon, then, risks overlooking this long history.
Output: non-overruling
in re detention of rainey, 2017 il app (4th) 160496-u.
Output: non-overruling
if the defendant is seeking to vacate a sentence, the second prong requires that the newly discovered evidence would probably yield a less severe sentence.
Output: non-overruling
what does that tell us? . . . if it was jaime castillo and dozer, or hondo and dozer, actually blocking off the route of escape for the possible victims, then they're acting as accomplices as well and they're just as guilty for the murder as though they pulled the trigger at the back patio area. that's accomplice liability.
Output: non-overruling
while this is a correct statement of law, adams also incorrectly holds that the trial court must make written findings of fact when ordering restitution, a proposition that we overruled in mccart v. state, 289 ga.app. 830, 831(1), 658 s.e.2d 465 (2008), prior to deciding adams.
Output: overruling
the dioceses' position that private attorneys are not required to take a secrecy oath -- which they carry into the present briefing -- was and is particularly confounding.
Output: non-overruling
those narrow circumstances, however, only include an action for mandamus to compel a court's performance or nonperformance of a ministerial or clerical act, see green v. ingrassia, 665 n.y.s.2d 577, 577 (2d dep't 1997), or a prohibition action to restrain a judicial officer from acting without jurisdiction or in excess of jurisdiction.
Output: non-overruling
on these principles the holding of the guidry case cannot be approved.
Output: overruling
we hold that an order granting or denying a motion for new trial may be freely rescinded so long as such action occurs within the 75 days provided by the rules (i.e., current rule 21.8(a) (c)); to the extent that matthews and its progeny were held to apply during this time period, they are overruled.
Output: overruling
we take this opportunity to expressly overrule christian v. christian.
Output: overruling
because kibria's claims were all based on the same factual predicate, the adverse credibility ruling is dispositive of asylum, withholding of   removal, and cat relief.
Output: non-overruling
if the statutory text is ambiguous, however, we turn to rules of statutory construction to determine its meaning.
Output: non-overruling
thereafter, the fourth court of appeals abated the appeal and remanded the case to the trial court for a hearing to resolve issues related to the accuracy of the reporter's record.
Output: non-overruling
the issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (seecplr 5501[a][1]).
Output: non-overruling
this court must consider any affidavits, depositions, admissions, or other documentary evidence to determine whether there is a genuine issue of material fact.
Output: non-overruling
as harper's testimony established, a 3-mile radius in houston will contain about 50 grocery stores.
Output: non-overruling
to the extent that delaney suggests otherwise, it is disapproved.
Output: overruling
"" (alterations in original) (quoting drd pool serv., inc. , 416 md. at 64, 5 a.3d 45 )).
Output: non-overruling
it is hereby ordered that the motion is granted to the extent that enforcement of the order entered february 6, 2018 is stayed until july 16, 2018, or until 10 days after supreme court affixes the amount of the undertaking for an automatic stay pursuant to cplr 5519 (a) (4), whichever occurs first (see wilkinson v sukiennik,120 ad2d 989 [4th dept 1986]).
Output: non-overruling
i thought the principle of new york times v. sullivan secure.
Output: non-overruling
we find no error in the trial court's judgment.
Output: non-overruling
there was some discussion of the superintendent's report before the board voted upon it in the november 17 meeting, but the record is unclear as to the extent of that discussion.
Output: non-overruling
the record also reflects that in a separate cause number, and prior to his robbery trial, parker pleaded guilty to the crime of receiving stolen property.
Output: non-overruling
(id. at 94, 107-09, r.r. at 99a, 112a-114a.)
Output: non-overruling
collin v. connecticut valley arms, inc., supra, 137 cal.app.3d 815 and united farm workers of america v. superior court, supra, 111 cal.app.3d 1009, 1119, are disapproved insofar as the former holds and the latter states that jurors who did not join in the negligence special verdict may not vote on the proximate cause special verdict.
Output: overruling
we recognize that this reading of fager disapproves prior cases.
Output: overruling
the 2011 amendment, however, applies only to an acknowledgment that became effective on or after the effective date of the act, september 1, 2011. act of may 27, 2011, 82nd leg., r.s., ch. 1221, sec. 11, 2011 tex. gen. laws 2356, 2359.
Output: non-overruling
id., at 386387.
Output: non-overruling
in rejecting the doctrine of equitable subrogation in the present case, the trial court relied on two decisions of this court which we now address.
Output: overruling
the result of this appeal, however, has caused me to revisit the court's decision in alvear i. see ex parte alvear, 524 s.w.3d 261 (tex. app.waco 2016, no pet.).
Output: non-overruling
this aspect of huf needs to be re-examined in light of blakely.
Output: overruling
we recede from fernandez v. state
Output: overruling
knight argues that the state violated his right to a speedy trial.
Output: non-overruling
we hold, therefore, that  537.080 does provide a cause of action for the wrongful death of a viable fetus.
Output: overruling
a majority of the justices of this court voted to consider this appeal en banc, and we overrule mcgregor to the extent it can be read to support jurisdiction in this court over an appeal from a judgment of a county court on an appeal from small claims court.
Output: overruling
we reverse and remand, and in doing so, we overrule commonwealth v. constant
Output: overruling
if the defendant is a natural person at least 18 years of age or emancipated by court order, by:
Output: non-overruling
o the extent to which people v. kimbley (1961) 189 cal.app.2d 300 [ 11 cal.rptr. 519], and people v. berner (1938) 28 cal.app.2d 392 [ 82 p.2d 617], are inconsistent with the views expressed herein, they are disapproved.
Output: overruling
if a contract is ambiguous, we review construction questions as questions of fact under the legal and factual sufficiency standards, and the scope of our review expands: ""[a]n ambiguous contract opens the door to parol evidence that sheds light on the parties' true intent.""
Output: non-overruling
any contrary holding inwillswood plantation, inc. v. foret, 391 so.2d 1389 (la.app. 4th cir. 1980) is expressly overruled.
Output: overruling
to the extent that aggers v. bridges, supra, and state v. parks, supra, are inconsistent with this holding, they are hereby overruled.
Output: overruling
but see state v. parks, 265 kan. 644, 649, 962 p.2d 486 (1998) (noting victim impact statements could be used by sentencing judge in assessing extent of harm caused by defendant's conduct; and although statement contained information not bearing on that, record did not show court improperly considered it).
Output: non-overruling
it is obviously inconsistent with our more recent cases, and is hereby overruled.
Output: overruling
we therefore overrule mathis to the extent it adopted the presumption doctrine.
Output: overruling
whether or not the court intended to convey this meaning in clark v. barney, and because the ruling in that case has lost much of its applicability under later modifications, our previous holding in clark v. barney is hereby expressly overruled insofar as it conflicts with the following rule, which we deem to be controlling in this case:
Output: overruling
many of respondent's acts of misconduct, taken alone, would probably warrant no more than a public censure.
Output: non-overruling
unlike the situation where there is no forum-selection clause, the plaintiff ""must bear the burden of showing why the court should not transfer the case to the forum to which the parties agreed.""
Output: non-overruling
this defendant was   hands-on.
Output: non-overruling
to the extent they are inconsistent with this conclusion, we disapprove jue v. patton, supra, 33 cal.app.4th 456, and ryder v. peterson, supra, 51 cal.app.4th 1056.
Output: overruling
based on that de novo review, this court in abshire ii found the plaintiffs met the numerosity requirement.
Output: non-overruling
to the extent it is inconsistent with this analysis, we disapprove sweat v. hollister (1995).
Output: overruling
as discussed in state v. dejesus, this interpretation of tiedemann is erroneous, and we disavow it.
Output: overruling
trial court's findings were not against manifest weight of evidence.
Output: non-overruling
based on the holding in mitchell, the primary basis for the holding in osorio no longer remains sound.
Output: overruling
see bentley v. bunton, 94 s.w.3d 561, 581 (tex. 2002); see also isaacks, 146 s.w.3d at 156-57.
Output: non-overruling
however, to the extent that cervantes, and ex parte mcatee, 599 s.w.2d 335 (tex.crim.app. 1980), indicate that a failure to admonish pursuant to art. 26.13(a)(4) automatically entitles one to post-conviction collateral relief without a showing of harm, they are overruled.
Output: overruling
although the result would not have been different in that case under the standard articulated here, we disapprove of the standard as presented in robinson.
Output: overruling
under this standard, we view the evidence in the light most favorable to the trial court's ruling, and we will uphold the trial court's ruling so long as it was within the zone of reasonable disagreement.
Output: non-overruling
the district court specifically considered and rejected appellant's argument that the county's action of failing to initiate termination proceedings involving s.j. after that child's birth in 2014, and of allowing appellant to parent a.s. and t.s. after their father became unavailable to parent them in 2015, provides sufficient evidence to overcome her presumption of unfitness.
Output: non-overruling
inasmuch as the supreme court of the united states has directly held that a geographical term which was descriptive of the place where the articles were manufactured was not registrable even though it had acquired a secondary meaning, we must follow our decision in the overhead door case, supra, which is in harmony with the views of the supreme court, and in so far as the opinion in the case of in re plymouth motor corporation, supra, expresses a contrary view, it must be considered as overruled.
Output: overruling
the court's decision to abandon durham-mcdonald in favor of ali- mcdonald does nothing to obsolete these questions or the court's responses to them.
Output: overruling
we disagree with the state's contentions and disapprove williams to the extent that it conflicts with this decision.
Output: overruling
c.v. stated that after r.s. brought him back into the room, j.s. held his arms again.
Output: non-overruling
we overrule any language in bryant that suggests that the proper inquiry for assessing prejudice is whether a jury could have convicted the petitioner of the lesser-included offense instead of the charged offense.
Output: overruling
thus, to the extent that the decisions of this court in carney v. moody, supra and in fireman's fund ins. v. government emp. ins., ky., 635 s.w.2d 475 (1982), are in conflict with our decision in this case, they are overruled.
Output: overruling
accordingly, we now adopt that rule and disapprove the court of appeal decision in glende motor, supra, 159 cal.app.3d 389, to the extent that it is contrary to our conclusion.
Output: overruling
we conclude that the reasons for overruling plair and its progeny are sufficiently weighty.
Output: overruling
80 a.3d at 1013.
Output: non-overruling
##people v. smith is reversed, not overruled (same line of cases).
Output: overruling
as the court explained, the state has the "" 'duty . . . to protect the people's common heritage of streams, lakes, marshlands and tidelands, surrendering that right of protection only in rare cases when the abandonment of that right is consistent with the purposes of the trust.'
Output: non-overruling
to the extent of conflict herewith, we disapprove of the opinion in halpin.
Output: overruling
monge holds to the contrary and overrules these four decisions (but not the general rule that insufficiency of the evidence on any element precludes retrial).
Output: overruling
to the extent that they may be said to be in conflict herewith, our prior holdings in gardner and carnation, supra, are hereby specifically overruled.
Output: overruling
in 2017, cvpa moved for summary judgment on the ground that it ""had no knowledge of any lump in the board room carpet at any time prior to the alleged [a]ugust 25, 2013 incident and used reasonable care in maintaining the board room carpet.""
Output: non-overruling
it is our opinion that smith v. commonwealth should be and it is hereby overruled.
Output: overruling
the statute says nothing about assessing trial court costs against the defendant.""
Output: non-overruling
see zannino, 895 f.2d at 17.
Output: non-overruling
language in people v. oxnam, supra, 170 cal. 211, people v. keyes, supra, 178 cal. 794, and people v. fisher, supra, 49 cal.app.3d 174, inconsistent with this opinion is disapproved.
Output: overruling
horne was then hired for the position and began on september 29, 2014.
Output: non-overruling
to the extent that cooper may be read to permit proof only by probable cause, it is overruled.
Output: overruling
id., 596.
Output: non-overruling
in 1995, the county adopted an ordinance banning billboards in the area where lamar's billboard was located.
Output: non-overruling
however, our analysis is contrary to the rationale, if not the holding, of in re estate of gainer, 579 so.2d 739, which stressed the lack of proof of a gift inter vivos in concluding that the statutory presumption had been rebutted.
Output: overruling
the decision in southwestern bell tel. co. v. nelson, supra, no longer should be considered as expressive of law applicable to the issue.
Output: overruling
fatalgram 11-07, alaska dep't of labor & workforce dev.
Output: non-overruling
because bluebonnet express, inc. v. employers ins. of wausau, 655 s.w.2d 327 (tex.app.  houston [14th dist.] 1983, no writ) held to the contrary, it is disapproved.
Output: overruling
##note: yamaha corp. v. state bd. of equalization is the current case that is being dealt with therefore it is not being overruled.
Output: overruling
relying on article i,  2, of the constitution, the court required that congressional districts be drawn with equal populations.
Output: non-overruling
while we reject the rigid zone of danger approach set forth in shelton, that rejection serves only to dissolve rigid, often nonsensical, physical injury and contemporaneous fear requirements.
Output: overruling
we hold that the underwriter is not liable for the excess and in doing so overrule nebel towing.
Output: overruling
the louisiana supreme court's remand of the instant case for review under our supervisory jurisdiction overrules by implication certain dicta of the jackson opinion that is inconsistent with such supervisory review.;
Output: overruling
on this point, insofar as montgomery v. state, supra, and cases cited therein, state a different rule, we overrule them, and hold that such questions are questions of fact, not law, and that it is up to the trier of fact to weigh those factors and determine whether the defendant was intoxicated and, if so, whether the intoxication was a result of alcohol consumption prior to or after the commission of an offense.
Output: overruling
the board and two judges of this court would evidently abolish the long-established principle of old monk which in this case dictates dismissal of the petition for cancellation.
Output: overruling
to the extent the result in any of these cases may have been correct under the law as set forth in today's opinion, that result is irrelevant to the question before us.
Output: overruling
18 a.l.r. fed. 2d 223 (originally published in 2007, continuously updated) (citing 28 u.s.c.  1332(d)(2)).
Output: non-overruling
the officers took a ""small .22 pistol,"" which was loaded and had a shell in the chamber, from the right pocket of his jacket.
Output: non-overruling
we hereby abrogate our expression of the malicious prosecution elements set out in raine v. drasin in favor of the following articulation.
Output: overruling
in that connection, this opinion overrules any statements and conclusions made in the brager case with respect to the effect of the braden opinion on situations involving challenges to pending untried criminal charges on which a detainer is based.
Output: overruling
this court's lewis decision, in placing great emphasis on the fact that lewis' petit theft and uttering a forgery offenses were based on the "same act," and in going beyond the blockburger test, cannot be reconciled with recent supreme court rulings.
Output: overruling
examples of parties that have been ""preclude[d] from intervening in a proceeding"" per this agrico ""substantial interest"" test are mid-chattahoochee river users, 948 so. 2d at 797, and city of sunrise, 615 so. 2d at 748two cases where the petitioners lacked standing for alleging mere economic injury, and not the kind of injury for which the proceeding was designed to protect, namely, the protection and conservation of water and related land sources.
Output: non-overruling
in addition, nollmeyer explained that the county normally checks contractor status on the l&i website prior to awarding bids, but in this case, he admitted to checking only specialty's status.
Output: non-overruling
see mathias, 347 f.3d at 678.
Output: non-overruling
we have jurisdiction, article v, section 3(b)(3), florida constitution, and we approve in part and quash in part the decision of the fourth district.
Output: overruling
here the defendants did not cause the overdetention because they could not have initiated an arraignment and, as discussed below, the plaintiffs have disavowed any argument that the sheriff or wardens could have ordered release.
Output: non-overruling
and we therefore disapprove of wyche to the extent it holds to the contrary.
Output: overruling
tenn. sup. ct. r. 14.
Output: non-overruling
in reaching that conclusion, we recede from the previous holding of this court in hall v. state, 505 so.2d 657, 658 (fla. 2d dca), cause dismissed, 509 so.2d 1117 (fla. 1987), in which we stated that an essential element of proof in regard to the crime of robbery is "that the accused had the specific intent to permanently deprive the owner of property.
Output: overruling
we also disapprove thompson, moorer, and burrell to the extent that they are inconsistent with this opinion.
Output: overruling
consequently, to the extent that miller or perez can still be read as authority for overlooking a party's failure to make a timely and specific objection to the admission of evidence at trial and subsequently preserve the issue for appellate review by including it in a 1925(b) statement to which the trial court responds, their rationale for overlooking waiver is disavowed.
Output: overruling
by agreeing with labonte, we implicitly overruled that portion of r.w. roberts that cited approvingly the new york case of arcata graphics corp. v. silin, 59 a.d.2d 1007 (1977), which held an arbitration provision void for lack of mutuality of obligation.
Output: overruling
we also disapprove the decision of the fourth district in watson.
Output: overruling
we therefore disapprove the discussion in russell v. roberts, supra, 39 cal.app.3d at pages 394-395, and the dicta in goodyear v. mack, supra, 159 cal.app.3d at pages 659-660, and shepherd v. robinson, supra, 128 cal.app.3d at page 626.
Output: overruling
we approve the decision below and disapprove cecil to the extent it is inconsistent with this opinion.
Output: overruling
johnson testified at trial that the man holding the gun was one of the two men wearing a blue sweater.
Output: non-overruling
we now disavow that part of the opinion in apple which takes into account only the former "commencement" date.
Output: overruling
""if any such challenge to the underlying conviction is successful, the defendant may then apply for reopening of his federal sentence.""
Output: non-overruling
id. at 259-60.
Output: non-overruling
the court of appeal's statement that an acknowledgment must be coupled with a clear declaration of intent to interrupt prescription is apparently culled without attribution from stagni, supra, which in turn cites to marathon, supra, the case that was expressly overruled by this court in lima.
Output: overruling
in so finding, we not only look to the facts of easterling but also the facts of those cases it explicitly overruled.
Output: overruling
people v. donoho, 204 ill. 2d 159, 170 (2003).
Output: non-overruling
this court overrules its holding in red to the extent that decision may be construed as authority for the proposition that exempt income should be excluded from disposable income regardless of whether the time limitation of  1325(b)(1)(b) or the provisions of  1325(b)(2) apply.
Output: overruling
for the foregoing reasons, we expressly overrule ehman and now hold that, in order for employees to receive only a 50% pension offset, there must be a line-item deduction appearing on the pay stub or a specific provision in the pension plan indicating a contribution to the pension fund has been made by the employee.
Output: overruling
accordingly, we approve the decision of the district court of appeal in this case and disapprove the decision of the third district court of appeal in johnson to the extent that it conflicts with this opinion.
Output: overruling