niryuu/sni-each-converted huggingface dataset:
we disapprove wilkerson v. wells fargo bank (1989) 212 cal.app.3d 1217 [ 261 cal.rptr. 185], the only published court of appeal decision adopting a broader view of the jury's function in this species of wrongful discharge litigation.
Output: overruling
accordingly, we recognized in coopers & lybrand that ""[w]hatever similarities or differences there are between plaintiffs and defendants in this context involve questions of policy for congress.""
Output: non-overruling
[20] after an arrest is made, the arresting officer may search the person to ""'remove any weapons that the latter might seek to use in order to resist arrest or effect his escape'"" and also ""'to search for or seize any evidence on the arrestee's person in order to prevent its concealment or destruction.'""
Output: non-overruling
washington has adopted a number of provisions of the federal adoption and safe families act of 1997, designed to speed up the process of permanency planning for children in foster care.
Output: non-overruling
we overrule so much of kerwin as holds that a criminal defendant is not entitled to inspect and make an analysis of the seized controlled substance.
Output: overruling
to the extent that our holding on this point overrules this court's prior analyses of the exhaustion requirement in tinsley v. united parcel service, 635 f.2d 1288 (7th cir. 1980), vacated and remanded, 452 u.s. 934, 101 s.ct. 3072, 69 l.ed.2d 948 (1981); baldini v. local 1095, uaw, 581 f.2d 145 (7th cir. 1978); battle v. clark equip. mfg. co., 579 f.2d 1338 (7th cir. 1978); harrison v. chrysler corp., 558 f.2d 1273 (7th cir. 1977); and newgent v. modine mfg. co., 495 f.2d 919 (7th cir. 1974), this result is mandated by clayton.
Output: overruling
to the extent that they are inconsistent with our ruling here united states gypsum co. v. shaffer, supra, 7 cal.2d 454, is overruled and bernstein v. rubin, supra, 152 cal.app.2d 51; bank of america v. gesler, supra, 252 cal.app.2d 565 and estate of vose, supra, 4 cal.app.3d 454, are disapproved.
Output: overruling
in light of our decision to overrule prior precedent limiting the scope of  53a183 (a), we now must decide whether, as the defendant claims, constitutional principles of fair notice bar the state from retrying her under our more expansive construction of that provision.
Output: overruling
id.  8(f)(i); see also br. in support of ans. to pet. to open, 1/21/16, at 1-2 (unpaginated) (alleging that on december 30, 2014, chief julian tried to ""persuade and bully [mr. burrelli] into filing a 'settlement paper' in return for copies of [the department's] 'investigation'"").
Output: non-overruling
accordingly, buian is hereby overruled.
Output: overruling
we disapprove not about water com. v. board of supervisors, supra, 95 cal.app.4th 982, to the extent it is inconsistent with this opinion.
Output: overruling
on this point casey overruled the holdings in two cases because they undervalued the state's interest in potential life.
Output: overruling
however, for the sake of clarity, to the extent it may be inconsistent with this opinion, we, again, overrule adventist.
Output: overruling
accordingly, the legislature has ipso facto made clear that semen, pregnancy, or disease, while perhaps related to sex, are not themselves the specific instances of sexual conduct envisioned by mcl 750.520j.
Output: non-overruling
however, to the extent that national wildlife suggests that an eis must be prepared where the government has not surrendered its absolute right to prevent the use of resources, national wildlife is in conflict with conner, and is therefore not persuasive precedent.
Output: overruling
""phoenix"" presumably refers to phoenix v. pennsylvania board of probation and parole (pa. cmwlth., no. 1243 c.d. 2017, filed april 5, 2018), 2018 wl 1630602.
Output: non-overruling
state v. baker, 453 md. 32, 47 (2017) (quoting simmons v. state, 436 md. 202, 213 (2013)).
Output: non-overruling
to this extent, the majority opinion in cooper is in error and is overruled.
Output: overruling
we now explicitly overrule hartwich.
Output: overruling
riedlinger, 2013 nd 14,  10, 826 n.w.2d 340. ""summary judgment is inappropriate if neither party is entitled to judgment as a matter of law or if reasonable differences of opinion exist as to the inferences to be drawn from the undisputed facts.""
Output: non-overruling
we then explain why we conclude that smothers clearly erred in tying the remedy clause to the common law in 1857 and should be overruled.
Output: overruling
in our judgment, robinson mandates the conclusion that gonzales is no longer good law and must be deemed overruled.
Output: overruling
on reviewing the relevant statutory and case law, however, we are compelled to revisit our previous interpretation.
Output: overruling
in short, we reject the view, expressed in in re ishihara chemical co., that  1782 comes into play only when adjudicative proceedings are "pending" or "imminent."
Output: overruling
a trial court has plenary power to reinstate a case on its own motion within thirty days after it signs an order of dismissal for want of prosecution.
Output: non-overruling
no further acknowledgment of hampton's effect on those cases needs to be recited hereafter.
Output: non-overruling
we conclude that these decisions were erroneous and must be overturned, but that tracts of land granted by the board that have been improved or filled are, to the degree hereinafter described, free of the public trust.
Output: overruling
capital argues that the board erred in relying on its previous decision in town & country supermarkets, which, in capital's view, was inadequately reasoned and materially distinguishable in its treatment of picketing.
Output: non-overruling
schambach v. afford-a-pool & spa, 7th dist. no. 08 be 15, 2009-ohio-6809,  8, quoting juhasz v. costanzo, 144 ohio app.3d 756, 762, 761 n.e.2d 679 (7th dist.2001).
Output: non-overruling
the language and structure of t.r. 75(a) dictate that these cases were wrongly decided.
Output: overruling
any language in stanley, roach or vestal which implies otherwise, is expressly disapproved.
Output: overruling
accordingly, we approve amisub and ventimiglia and disapprove leikensohn, argonaut, north miami general hospital, and teperson to the extent they are inconsistent with this opinion.
Output: overruling
olson's plea colloquy reflects confusion; he admitted to both soliciting a minor whom he believed was 15 years old and a minor who was ""over the age of 16."" due to this discrepancy, the district court concluded that olson had not provided a sufficient factual basis to support his guilty plea.
Output: non-overruling
he was never present for the court to ask him whether he could pay the forfeiture, nor did kerr ever ask for an indigency hearing.
Output: non-overruling
the city decided that the training would include the milwaukee police citizen academy and the ride along with both of these training components being subject to the recommendations of the board's executive director.
Output: non-overruling
on rehearing the majority reasserts its position that johnston v. nanney is controlling and quotes from pellegrini v. mccarthy for the purpose of showing mccarthy v. gonnet has been impliedly overruled, thus apparently suggesting pellegrini as an added reason why johnston is controlling here.
Output: overruling
here, the trial court imposed two concurrent two-year sentences for brown's convictions for possession of cocaine or a narcotic drug and possession of a hypodermic syringe or needle, as level 6 felonies.
Output: non-overruling
as stated above, this issue was properly preserved for appeal, and thus, we must determine whether the trial court erred by overruling
Output: non-overruling
heard complied, ""but she did not stop hollering.""
Output: non-overruling
as a result, the davis court overruled the holding in sablatura and dismissed the appeal.
Output: overruling
we cannot conclude that counsel's error, if any, was so serious as to deprive appellant of a fair trial.
Output: non-overruling
nor does simply having not yet had occasion to exercise one's authority under a power of attorney equate to a declination to serve.
Output: non-overruling
to the extent that the plaintiffs intended to raise a different claim, it is not readily discernible from their brief, and, therefore, we decline to engage in further review on the basis of an   inadequate brief.
Output: non-overruling
on march 14, 2018, the district court filed a notice in this court certifying that, in light of the nevada supreme court's recent decision in williams v. state department of corrections, 133 nev. ___, 402 p.3d 1260 (2017), it would reconsider appellant's petition for a writ of habeas corpus if appellant sought a remand to the district court.
Output: non-overruling
(miratti's inc., supra, 132 nlrb at p. 701.)
Output: non-overruling
c. overcoming the presumption of undue influence  27. although we do not find that the chancellor erred by failing to address whether a presumption of undue influence arose, we hold that, based on the record and the chancellor's findings, if such presumption arose, davis successfully rebutted it.  28.
Output: non-overruling
ms. matlock argues that the alj failed to properly evaluate the medical opinion evidence related to her mental impairments.
Output: non-overruling
it further found that his statement midway through the interview was not a clear, unequivocal, unambiguous invocation of the right to remain silent.
Output: non-overruling
while a warrant was obtained in that case, to the extent that burnstad can be said to stand for the proposition that the warrant requirement of flack and roaden is rendered unnecessary by a defendant's own pejorative characterization of the material it is hereby disapproved.
Output: overruling
the vehicle appeared to be the same one the officer had observed from the highway.
Output: non-overruling
arguably, if campbell intended to be bound, then one should just read any gaps in the draft contribution agreement against him, when he signed a document that, on issues that the court of chancery found unresolved when looking at the parol evidence, tended to be highly unfavorable to him, if one ignores those gaps and the parol evidence, and solely focuses on the language of the draft contribution agreement.
Output: non-overruling
insofar as this court's decision in lamb v. page, 482 p.2d 615 (okla.
Output: overruling
with this understanding of solatium damages, we turn now to plaintiffs' challenges to the district court's decision in this case.
Output: non-overruling
""the odor of raw marijuana - especially an overwhelming odor of raw marijuana - creates probable cause to believe that a large quantity of raw marijuana will be found.""
Output: non-overruling
as such, we also conclude that the defendant's cell phone was lawfully seized incident to his arrest.
Output: non-overruling
to the extent deal v. madison can be read to hold that section 2(e) applies only at the option of the defendant, it conflicts with the statute and this opinion, and it is disapproved.
Output: overruling
father raises two issues for our review, which we restate as:
Output: non-overruling
cummings left the service door of the garage open and went into his house to shower.
Output: non-overruling
with this ruling, the court necessarily abandons as unworkable the overly complex standards employed in cases such as cline and adkins.
Output: overruling
lack of a sua sponte self-defense instruction.
Output: non-overruling
in the event the trial court cannot, for reasons of fairness, enter the order within the forty-day window  rodgers is overruled.
Output: overruling
to the extent that our holdings in patman v. state, 244 ga.app. 833, 537 s.e.2d 118 (2000), shivers v. state, 258 ga.app. 253, 573 s.e.2d 494 (2002), state v. fossett, 253 ga.app. 791, 560 s.e.2d 351 (2002), state v. charles, 264 ga.app. 874, 592 s.e.2d 518 (2003), boldin v. state, 282 ga.app. 492, 639 s.e.2d 522 (2006), and martinezvargas v. state, 317 ga.app. 232, 730 s.e.2d 633 (2012), could be interpreted as support for the premise that the odor of raw marijuana emanating from a particular location cannot be the sole basis for the issuance of a search warrant for that location, such interpretations are hereby disapproved.
Output: overruling
we disapprove orange county v. sealy to the extent that it conflicts with this decision.
Output: overruling
to the extent that our previous opinion in state of louisiana, and ralph slaughter, secretary, department of revenue and taxation v. bp exploration oil inc., 95-2031 (la.app. 4 cir. 1/31/96), 667 so.2d 1219 conflicts with this decision, it is overruled.
Output: overruling
as will be discussed below, the court finds that reversing its position and placing the ultimate burden of proving subparts (a) or (b) on the debtor in no way prejudices her under the facts of this case.
Output: overruling