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[ "In the provided excerpt from a US court opinion, insert the missing content:\ndefense of misrepresentation on the policy application is not proper; he had fully cooperated and satisfied all conditions of the i a-contractual claims was improper because: (1) he needed to conduct additional discovery regarding the re...
). Therefore, we affirm summary judgment for
2
101
[ "Your challenge is to complete the excerpt from a US court opinion:\none of the central issues in this case — if not the central issue in this case — is whether that agreement extends to Google’s current use of Digital Envoy’s technology. Moreover, the forum selection clause in the license agreement is not limited,...
); Bullard v. Capital One, F.S.B., 288 F.Supp.2d
4
102
[ "Fill in the gap in the following US court opinion excerpt:\nincludes “several transactions or occur rences, any of which could constitute one of the acts proscribed by the charged statutes.” United States v. Beros, 883 F.2d 455, 460-61 (3d Cir.1987). The Beros court noted that “just as the sixth amendment requires...
). The risks of serious unfairness presented by
3
103
[ "In the context of a US court opinion, complete the following excerpt:\nthe relative complexity of electrical-distribution systems, resolving the issues of fact presented by the Siewerts is not beyond “the conventional experience of judges.” City of Rochester, 483 N.W.2d at 480. The litigants’ expert witnesses will...
). The claims do not turn on a safety standard
4
104
[ "Fill in the gap in the following US court opinion excerpt:\ndoes not expressly guarantee any right to counsel as does the Sixth Amendment, the Supreme Court has interpreted the Fifth Amendment privilege against self-incrimination to require that, once a suspect is in custody and subject to interrogation, the polic...
). Importantly for Teixeria, this Miranda-based
4
105
[ "Complete the following passage from a US court opinion:\n(“The mere assertion by the petitioner that there was insufficient evidence, without more, cannot support a finding of deprivation of due process.”) (internal quotation marks and citation omitted). 5 . In the complaint, in addition to the specific allegation...
), and Jones Bey v. Johnson, 407 F.3d 801, 807
0
106
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nor practice of the employer ... [which] is in violation of a law, or a rule or regulation ...” Abbamont, Barratt and Mehlman clearly involved complaints regarding actions of the employer. In Abbamont, it was the employer’s failure to provide ...
). Employers, of course, act through their
0
107
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nSee id. at -, 116 S.Ct. at 2047-48. A hypothetical illustrates the efficacy of a unitary standard of review. If a district court were to depart upward based upon physical injury pursuant to U.S.S.G. § 5K2.2, p.s., we might conclude that it ha...
), cert. denied, — U.S. -, 117 S.Ct. 956, 136
0
108
[ "Provide the missing portion of the US court opinion excerpt:\nnot developed at trial.’ ” United States v. Blumeyer, 62 F.3d 1013, 1016 (8th Cir.1995) (quoting United States v. Cheyenne, 855 F.2d 566 (8th Cir.1988)), cert. denied, 516 U.S. 1172, 116 S.Ct. 1263, 134 L.Ed.2d 212 (1996); see United States v. Rodriguez...
). In this case, the trial judge informed the
0
109
[ "Complete the following passage from a US court opinion:\nfees are charged is an unearned fee and violates this section.” 24 C.F.R. § 3500.14(c). Plaintiffs specifically aver that they hired Dolphin, a mortgage brokerage company, and Datro, one of Dolphin’s agents, to find the most favorable financing agreement to ...
) cert. denied, 454 U.S. 940, 102 S.Ct. 475, 70
4
110
[ "Please fill in the missing part of the US court opinion excerpt:\nin Homer as an agent of its member institutions merely because it lacks statutory authority for its activities. The NCAA is a voluntary organization created by and comprised of the educational institutions which essentially acts as their surrogate w...
)). The Court, however, drew a distinction
3
111
[ "In the context of a US court opinion, complete the following excerpt:\nto the stop and subsequent search of Scott Brooks’s car and person. Because of his vehicular flight prior to arriving at the checkpoint, Scott Brooks was not seized for Fourth Amendment purposes by the show of police authority by virtue of the ...
); Latta v. Keryte, 118 F.3d 693, 700 (10th
0
112
[ "Complete the following excerpt from a US court opinion:\nthat Plaintiffs Complaint is untimely. As already noted, it is undisputed that the Union convened plant employees at a meeting on December 20, 2001 to discuss the two-year extension to the Collective Bargaining Agreement. Plaintiff did not attend that meetin...
), affd, 76 N.J. 284, 386 A.2d 1310 (1978). That
0
113
[ "Complete the following passage from a US court opinion:\n“good cause” is a matter entrusted to the discretion of the trial court. See State v. Price, 385 Md. 261, 276-77, 868 A.2d 252 (2005) (dealing with good cause for a postponement of trial); ... Johnson v. State, 348 Md. 337, 345-56, 703 A.2d 1267 (1998) (whet...
); State v. Frazier, 99 Wash.2d 180, 661 P.2d
2
114
[ "Complete the following excerpt from a US court opinion:\n331 U.S. at 376. The Virgin Islands Supreme Court relied on two theories in concluding that Kendall’s opinion was a clear and present danger to the fairness of the Ford case. Neither passes muster. According to the Virgin Islands Supreme Court, Kendall’s opi...
). And the Virgin Islands Supreme Court’s
0
115
[ "Provide the missing portion of the US court opinion excerpt:\nand that the moving party is entitled to judgment as a matter of law. Bass, 418 F.3d at 872 (citing Dorsey v. Pinnacle Automation Co., 278 F.3d 830, 834 (8th Cir.2002)). Despite her assertion to the contrary, Owens did not present any direct evidence of...
) (quoting Griffith v. City of Des Moines, 387
0
116
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nhearsay rule. In resolving this issue, we initially observe that a trial court has broad discretion in ruling on the admissibility of evidence, and we will reverse only when the trial court has abused its discretion. Jones v. S...
). In addressing Davis’s claim that the police
2
117
[ "In the context of a US court opinion, complete the following excerpt:\nin favor of the plaintiff[ ].” Id, (quoting Hillbroom v. PricewaterhouseCoopers LLP, 17 A.3d 566, 572 (D.C.2011)). “To pass muster,” a complaint must “allege the elements of a legally viable claim, and its factual allegations must be enough to ...
). In Gomez, we found that although the Council
1
118
[ "Complete the following passage from a US court opinion:\nGonzalez, 922 F.2d 1044, 1053 (2d Cir.1991). We are dubious whether this is such a case. However, even upon scrutiny, we find no basis to conclude that section 924(e)(1) violates the Eighth Amendment. Although Mitchell’s sentence is a severe punishment for f...
), cert. denied, 488 U.S. 1033, 109 S.Ct. 846,
3
119
[ "Please fill in the missing part of the US court opinion excerpt:\nthen assessed liquidated damages against plaintiff by unilaterally modifying the contract to reduce the total contract price. Plaintiff subsequently submitted a claim to the contracting officer seeking the remission of the liquidated damages in the ...
), and a final decision on plaintiffs claim for
2
120
[ "In the context of a US court opinion, complete the following excerpt:\nand tops that conclusion with the assumption that the judge determined the amount “as somewhat larger.” The term “underproved” appears to be another way of saying that Wife has proved her reasonable needs to a certain extent but failed to prove...
). The majority properly points out if Wife “had
0
121
[ "In the context of a US court opinion, complete the following excerpt:\nthe EAJA for determining whether a party is entitled to fees. Id. at 456. Accordingly, in Claro, we discussed at length when a party has “incurred” fees for purposes of the EAJA. Id. Because the EAJA does not provide a definition of the term “i...
); United States v. Paisley, 957 F.2d 1161, 1164
0
122
[ "Complete the following passage from a US court opinion:\nLife Ins. Co., 12 F.3d 668, 674 (7th Cir.1993) (“Within the totality of circumstances, there is neither a threshold ‘magic number’ of harassing incidents that gives rise, without more, to liability as a matter of law nor a number of incidents below which a p...
); Creamer v. Laid-law Transit, Inc., 86 F.3d
4
123
[ "In the provided excerpt from a US court opinion, insert the missing content:\nheld that the “standard Severance” referenced in the RIAs was the West Gulf Bank Schedule and that these two documents could be analyzed independently of the ERISA Plan. But as discussed above, the West Gulf Bank Schedule was an improper...
). We thus agree with the concurring justice in
1
124
[ "In the provided excerpt from a US court opinion, insert the missing content:\n807 F.2d 359, 368 (4th Cir.1986) (“From beginning to end, it is obvious that Appellants proffered [the person] as an expert witness to testify in substantial part to the meaning and applicability of [law]. This flies squarely in the face...
); Specht, 853 F.2d at 809-10 (discussing the
0
125
[ "In the context of a US court opinion, complete the following excerpt:\nCANTERO, J., specially concurring. I agree with the majority that any violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), or Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), wou...
), review denied, 917 So.2d 193 (Fla.2005);
2
126
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nLankford was reasonable and supported by substantial evidence, the Court will not address the merits of the summary judgment motions between Webco and HCC as the issue of HCC’s payment of the claim under the stop-loss policy is...
) with Chronister v. Baptist Health, 442 F.3d
0
127
[ "In the provided excerpt from a US court opinion, insert the missing content:\nraised in state court that McGee labored under a conflict because he hoped to secure a new trial in which Wisdom likely would be a witness. In any event, Beaty's claim is without merit. Beaty has not shown that McGee labored under an “ac...
). 9 . While Beaty did not receive an
3
128
[ "Fill in the gap in the following US court opinion excerpt:\nthat continued to fall for the duration of the storm” and “a pool of rain that had gathered at the bottom of the stairwell.” (Gould Aff. ¶ 8; Pl.’s Opp’n ¶ 7; PL’s Opp’n Mem. at 2, 5.) Liberty does not dispute that these were the causes. (Def.’s Reply at ...
). Other jurisdictions have also defined
3
129
[ "Provide the missing portion of the US court opinion excerpt:\ncitation with a .demand for more trial-like procedures, much less a jury trial. . The point, rather, seems to have been that while.fhe Cabinet acquiesced in the court’s informal manner of proceeding, it did, so only with the- understanding that such pro...
); United States v. Droganes, 728 F.3d 580 (6th
2
130
[ "Your challenge is to complete the excerpt from a US court opinion:\nlife and death for Fields. Beyond Officer January’s and Tichenor’s testimony, the list goes on and on. III. Conclusion Sherman Lamont Fields was sentenced to death based on testimony that he was never able to confront. That is precisely the evil t...
); United States v. Mills, 446 F.Supp.2d 1115,
0
131
[ "Please fill in the missing part of the US court opinion excerpt:\nRichard Sumpter, his co-defendant, go to trial immediately, and made reference to some “thing” in his past where he “fought for 18 months,” but a “guy” got caught with an ounce of pot and “screwed everything up.” Through Diana’s assistance, the gove...
); Fed.R.Evid. 404(b). It is not clear whether
2
132
[ "Complete the following excerpt from a US court opinion:\nremoval and for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review the denial of asylum for substantial evidence and may reverse only if the evidence compels a contrary conclusion. Lata v. INS, 204 F.3d...
); Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th
2
133
[ "Your task is to complete the following excerpt from a US court opinion:\nprovides: (a) A person commits the offense of distributing material ere are not “words of art or words connected with a particular trade or subject matter,” we look to the ordinary meaning of those words at the time the General Assembly enact...
). Moreover, under the canon of noscitur a
1
134
[ "In the provided excerpt from a US court opinion, insert the missing content:\n287 F.3d at 873; see Fed. R. Civ. P. 56(e). If a trademark that is descriptive lacks secondary meaning, it is invalid. Bada Co. v. Montgomery Ward & Co., 426 F.2d 8, 11 (9th Cir. 1970). To acquire secondary meaning, section 1052(f) requi...
). There are many ways to establish if a
0
135
[ "Fill in the gap in the following US court opinion excerpt:\ncannot remember from one moment to the next what has previously transpired in the proceeding can not fairly preside over the cause. It is the intuitive recognition of this precept that frequently generates alarm among the parties when a substitution of ju...
). Thus, any constitutional error occurring here
4
136
[ "Provide the missing portion of the US court opinion excerpt:\nfirst-degree burglary under California Penal Code § 459 is categorically a “crime of violence” under 18 U.S.C. § 16(b) because the crime inherently involves a substantial risk of physical force: Any time a burglar enters a dwelling with felonious or lar...
); United States v. Park, 649 F.3d 1175, 1178
2
137
[ "Fill in the gap in the following US court opinion excerpt:\nin support of my June 1, 2009 Medico-Legal Report concerning Robert T. Pritchard, Sr. ----, by way of rebuttal to the reports and testimony of Marshall Lichtman, M.D., Seymour Grufferman, M.D. and Michael I. Greenberg, M.D.”). More importantly, counsel we...
). The Court fails to see how the facts set
2
138
[ "Please fill in the missing part of the US court opinion excerpt:\nbe subject to legal issues\" is unverifiable. 70 . See Janklow v. Newsweek, Inc., 788 F.2d 1300, 1302 (8th Cir.1986) (\"A statement regarding a potentially provable proposition can be phrased so that it is hard to establish, or it may intrinsically ...
); see also Ollman, 750 F.2d at 981 ("In
0
139
[ "Your task is to complete the following excerpt from a US court opinion:\nJ. Christopher Merkt appeals the order revoking his community control and the sentence imposed under the 1995 guidelines. We affirm the order revoking community control. However, we remand for reconsideration of sentencing in accordance with ...
). See also Battle v. State, 761 So.2d 1177
3
140
[ "In the context of a US court opinion, complete the following excerpt:\nthe psychological evaluation and home study, obtain documentation of their completion, and translate the results. CYFD also argues that it sought the Consulate’s assistance in using the Consulate’s mail system to facilitate Father’s communicati...
). We therefore conclude that substantial
3
141
[ "Complete the following excerpt from a US court opinion:\ntime in their reply papers that all claims against them under the Fifth Amendment must be dismissed and that Plaintiffs § 1983 claim in Count 11 of the Complaint should be dismissed as against Doe 1 because he is not a final policy maker for the City. The pu...
)). Nonetheless, because Plaintiff is not
4
142
[ "Please fill in the missing part of the US court opinion excerpt:\nhowever, is limited to conspiracies based upon racial or some other class-based invidious discrimination. See Romero-Barcelo v. Hernandez-Agosto, 75 F.3d 23, 34 (1st Cir.1996). There is no evidence of any such conspiracy here. The class for which th...
); Brodnicki v. City of Omaha, 75 F.3d 1261,
1
143
[ "Fill in the gap in the following US court opinion excerpt:\n“charges,” “amount”, and “balance due.” The Owners argue this evidence is insufficient to establish either the property class used to allocate assessments or whether they are special or annual assessments. However, Wilson specifically states in his affida...
); Hudspeth v. Investor Collection Serv. Ltd.
2
144
[ "Your task is to complete the following excerpt from a US court opinion:\nis narrowly drawn to serve a compelling state interest.” City of Panora v. Simmons, 445 N.W.2d 363, 367 (Iowa 1989). We think the confinement of sexually violent predators who “will engage in predatory acts constituting sexually violent offen...
). IX. Summary. We hold that the Sexually
3
145
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nthe debtors to several different federal government agencies against the debtors’ rights to IRS excise tax refunds); In re Turner, 84 F.3d 1294, 1296, 1298 (10th Cir.1996) (permitting setoff of a debt owed by the debtors to the SBA against th...
); In re Pigott, 330 B.R. 797
1
146
[ "In the context of a US court opinion, complete the following excerpt:\npremised on the requirement that some voters pay a poll tax. Id. The Court emphasized that the issue was not whether Virginia could require all voters to file a certificate of residency each year, but that voters were required to file such cert...
). Plaintiffs have demonstrated little
1
147
[ "In the context of a US court opinion, complete the following excerpt:\nselling airplanes. Id. at 448. Citing comment f to section 402A, the court held that Ozark Airlines was an intermediate owner engaged in the business of providing scheduled commercial air transportation. Id. As such, its sale of surplus aircraf...
); Allen v. Nicole, Inc., 172 N.J.Super. 442,
3
148
[ "In the provided excerpt from a US court opinion, insert the missing content:\nexplanation that any such discrepancy was a result of miscommunication with his lawyer. See Majid,i v. Gonzales, 430 F.3d 77, 80-81 (2d Cir.2005). Hariyanto argues that he corrected the error regarding his religion with the asylum office...
); see also Maladho Djehe Diallo v. Gonzales,
0
149
[ "Your challenge is to complete the excerpt from a US court opinion:\n— a variety of their people to get all the documents for — reference the fish pond together. And it took some time. I mean, he’s not — he’s not the only reporter that we end up having to do work for. Although MacPherson testified that the reason f...
), similar delays have been upheld only with
4
150
[ "Complete the following excerpt from a US court opinion:\nat 605. The district court found this and similar statements sufficient to support its conclusion that, “[i]n essence, the Seipels wish merely to have a voice in controlling the timing and processing of this lawsuit (which is no concern of theirs) in the hop...
); Bradley v. Milliken, 620 F.2d 1141, 1142 (6th
2
151
[ "Fill in the gap in the following US court opinion excerpt:\nMorris intriguingly argues that he could not have been guilty beyond a reasonable doubt because Mississippi does not permit an instruction defining the limits of reasonable doubt. Morris argues that by not requiring the court to define the limits of reaso...
). This Court cannot substitute its judgment
2
152
[ "Provide the missing portion of the US court opinion excerpt:\nFed.Reg. 68,722 at 68,724-25 (“Although water quality problems also can occur from agricultural storm water discharges and return flows from irrigated agriculture, this area of concern is statutorily exempted from regulation as a point source under the ...
); see Pub.L. 100-4, Title V, §§ 502(a), 503
2
153
[ "Please fill in the missing part of the US court opinion excerpt:\nclass actions because of the concept’s novelty. Aseertainability, as defined by defendant, is particularly misguided when applied to a case where any difficulties encountered in identifying class members are a consequence of a defendant’s own acts o...
). In the final analysis, “aseertainability”
2
154
[ "Fill in the gap in the following US court opinion excerpt:\nN.J. 110, 792 A.2d 1222 (2000). In many ways, plaintiffs seek to base jurisdiction for their claims against these defendants on the in-forum contacts of plaintiffs own subsidiary, C & F. By this logic, defendants would be subject to jurisdiction in any fo...
). 4. Summary There being no grounds for the
4
155
[ "Please fill in the missing part of the US court opinion excerpt:\ndemonstrate that \"the official being sued subjectively perceived facts from which to infer substantial risk to the prisoner, that he did in fact draw the inference, and that he then disregarded that risk.\" Comstock v. McCrary, 273 F.3d 693, 703 (6...
); Dozier v. Pauley, 24 Fed.Appx. 398 (6th
1
156
[ "Your challenge is to complete the excerpt from a US court opinion:\nAND ORDER DISPOSING OF ALL PENDING MOTIONS McMAHON, District Judge. The various pending motions are disposed of as follows: 1. TM’s motion for Leave to Rely on the Statement of Ethan Miller is granted, and IBM’s cross-motion to strike the statemen...
), aff'd, 397 F.2d 952 (2nd Cir.1968); Servaas &
0
157
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nWhile not specifically enumerated in the terms of Article II, section 3 of Montana’s constitution, the opportunity to pursue employment is, nonetheless, necessary to enjoy the right to pursue life’s basic necessities.” Wadsworth v. Montana, 2...
)). Plaintiffs want to equate the opportunity to
1
158
[ "Complete the following passage from a US court opinion:\n93 S.Ct. 2523, 37 L.Ed.2d 706 (1973). In all “special needs” cases, the nature of the need addressed makes particularized suspicion impossible or otherwise renders the warrant requirement impractical. For example, in Griffin v. Wisconsin, 483 U.S. 868, 876, ...
). If a special need renders the warrant
4
159
[ "Your challenge is to complete the excerpt from a US court opinion:\nthis court to read § 7407(d)(3)(E)(iii) as requiring “permanent and enforceable reductions in emissions from sources in the nonattainrrient area.” Under this interpretation, EPA would need to determine that the Cincinnati area has achieved attainm...
). But, unlike the .statutory sections in those
4
160
[ "Your task is to complete the following excerpt from a US court opinion:\nand Ek sold the vessel with the anchor, rope, and chain still on it. Even if Ek did misappropriate these items, Peterson does not have standing to assert the claim of a third party. Standing in this court is a rule of judicial self-restraint ...
). Furthermore, any payment that Peterson did
1
161
[ "In the context of a US court opinion, complete the following excerpt:\nF.2d 460, 461 (6th Cir.1980). However, because of this statutory provision, creditors may continue to pursue their remedies against a dissolved corporation despite its formal nonexistence if the action is commenced within two years from the dat...
). Several courts have nonetheless held that a
2
162
[ "Your challenge is to complete the excerpt from a US court opinion:\nfurther supported the government’s position. After reviewing the evidence in the record-especially the Franks hearing testimony regarding the states of mind of the government agents-and applying the correct understanding of reckless disregard, we ...
). C. “Probable Cause”: Did the District Court
3
163
[ "Complete the following excerpt from a US court opinion:\n(same). Hames may nevertheless be liable for the damage caused by the search if, as Sosa asserts, Hames made material misstatements and omissions in the Affidavit supporting the Warrant. “A search warrant may be voided if the affidavit supporting the warrant...
). The Affidavit does not state that Sosa
2
164
[ "Please fill in the missing part of the US court opinion excerpt:\nMerkwan v. Leckey, 376 N.W.2d 52, 53 (S.D.1985); Burke v. Foss, 334 N.W.2d 861, 864 (S.D.1983); Chipperfield v. Woessner, 84 S.D. 13, 14, 166 N.W.2d 727, 728 (1969)). The statute of limitations in workers compensation cases is jurisdictional in natu...
). The United States Supreme Court has stated
4
165
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nthe Disciplinary Enforcement Rules for its contrary decision because, in its view, enforcement of the Disciplinary Enforcement Rules falls within the exclusive authority of the Pennsylvania Supreme Court and the Disciplinary Bo...
). The Commonwealth Court nevertheless concluded
1
166
[ "Complete the following excerpt from a US court opinion:\non a motion to dismiss, not a motion for summary judgment, and, consequently, the Fourth Circuit held, it was premature to resolve the issue of unconscionability without allowing the parties to “present evidence of the circumstances surrounding the original ...
). Similarly, Smith’s reliance on Maniscalco v.
4
167
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nIn his pleadings, Ordonez alleged that Johnson had been negligent per se based on his failure to maintain an assured clear distance between the two vehicles as required by statute. At the close of Ordo-nez’s case, McCurdy moved...
). The trial court must submit jury instructions
0
168
[ "Complete the following excerpt from a US court opinion:\ncheckpoints are inherently unconstitutional, the checkpoints the Court sanctions today are designed in such a way as to engender fright and concern in law-abiding motorists. Also, the facts, viewed in the light most favorable to the trial courts’ rulings, de...
); Op. at 575 (holding that there is "no
2
169
[ "Your task is to complete the following excerpt from a US court opinion:\n-activity to which the petition to seal pertains. Once the applicant receives the certificate of eligibility, he or she then petitions the court to seal the record. § 943.059, Fla. Stat. (2016). However, criminal records that “relate to” cert...
), At this hearing, the court must consider all
0
170
[ "Fill in the gap in the following US court opinion excerpt:\nnotice has been provided to the interested parties. Tex.R.Civ.P. 316; see Jenkins v. Jenkins, 16 S.W.3d 473, 476 (Tex.App.-El Paso 2000, no pet.). Rule 329b(h) provides that “[i]f a judgment is modified, corrected or reformed in any respect ” the appellat...
). The correction of the clerical error during
1
171
[ "Your objective is to fill in the blank in the US court opinion excerpt:\n289, 292 (D.D.C.2000); Arakelian v. National Western Life Ins. Co., 126 F.R.D. 1, 2 (D.D.C.1989). Such a finding is proper when “ ‘on the entire evidence’ the court ‘is left with the definite and firm conviction that a mistake has been commit...
); Revlon Consumer Prods. Corp., 2001 WL 521832,
4
172
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nof the claim.” Here the court has tacked on fees for litigating the issue of presuit noncompliance, as well as for litigating the amount of fees to be awarded. Under the plain text of the statute, however, the liability is only...
). We therefore reverse the award and remand for
2
173
[ "Your task is to complete the following excerpt from a US court opinion:\nas to whether this error resulted in egregious harm under Almanza. See Trejo, 280 S.W.Bd at 261. The author of the concurring opinion in Teal expressly distinguished the situation in the case at hand from the situation in Teal. See Teal, 230 ...
); Woodard, 300 S.W.3d at 410-12 (same as
1
174
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nTree. 10 . Under the ADA, a reasonable accommodation may include “job restructuring, part-time or modified work schedules,” 42 U.S.C. § 12111(9)(B). 11 . While there appears to be some issue as to whether Susie's frequent absences prevent her...
); Law v. United States Postal Serv., 852 F.2d
2
175
[ "Your challenge is to complete the excerpt from a US court opinion:\nthat Gorman was not a credible witness or that the Commission erred by considering Gorman’s testimony, that argument fails because this court does not make credibility determinations or weigh evidence. Darkenwald v. Emp’t Sec. Dep’t, 182 Wn. App. ...
)); see also RCW 80.04.430 (providing the
1
176
[ "Fill in the gap in the following US court opinion excerpt:\nrequest for an award of costs and expenses, including attorneys’ fees. This case is hereby REMANDED to the 193rd Judicial District Court, Dallas County, Texas. SO ORDERED. 1 . 12 U.S.C. § 1819 was amended by the Financial Institutions Reform, Recovery and...
); compare Sunbelt Sav. Ass'n v. Browning, No.
2
177
[ "Fill in the gap in the following US court opinion excerpt:\nit may ‘skew[] the fairness of the entire system.’ ” Oriedo, 498 F.3d at 600 (quoting Doggett, 505 U.S. at 654, 112 S.Ct. 2686). In this case, the delay did not cause Ashburn any pretrial incarceration because Ashburn was already in prison for another off...
). Because Ashburn was not denied his Sixth
4
178
[ "Your challenge is to complete the excerpt from a US court opinion:\nas the starting date for calculating Gasser’s delay in filing suit. Thus, although the court credited Gasser’s testimony at least to the extent that this meeting took place, it failed to draw reasonable inferences in favor of Gasser about what too...
). Alternatively, based on Gasser’s testimony
0
179
[ "In the context of a US court opinion, complete the following excerpt:\nId. at 94-95. 12 . Id. 13 . Id. at 95. 14 . Id. 15 . Id. 16 . AS 18.70.080(a)(2). 17 . AS 08.40.240. 18 . O’Callaghan, 996 P.2d at 94. 19 . AS 18.70.080. 20 . AS 08.40.240-250. 21 . See AS 08.40.210; Ch. 132, § 9, SLA 1988. 22 . See H. Fin. Com...
). 28 . Mechanical Contractors also claims that
2
180
[ "Complete the following excerpt from a US court opinion:\nthe party with whom the plaintiff expects to do business.” Schuler v. Abbott Laboratories, 265 Ill.App.3d 991, 203 Ill.De\\c. 105, 639 N.E.2d 144, 147 (1993). Because Cook did not name any particular third party with whom he had a reasonable expectation of a...
); Parkway Bank & Trust Co. v. City of Darien,
3
181
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nothers] under the age of 30 ... who came to the United States under the age of sixteen” without authorization and meet certain other criteria. Arizona, 132 S.Ct. at 2521 (Scalia, J., dissenting) (first alteration in original) (...
), vacated on other grounds, — U.S. -, 131 S.Ct.
2
182
[ "Complete the following passage from a US court opinion:\ncredibility for different reasons. The withheld evidence went to Storch’s sophistication and motivation in his capacity as a prosecution informant and not, like the other evidence produced at trial, to his general propensity for dishonesty. Even if the lies ...
). Because Storch’s testimony implicating
4
183
[ "Complete the following passage from a US court opinion:\n(\"The court or jury trying the case involving a violation of clause (ii), (iii) or (iv) of § 18.2-266 or § 18.2-266.1, or 18.2-272 shall determine the innocence or guilt of the defendant from all the evidence concerning his condition at the time of the alle...
); Wendel v. Commonwealth, 12 Va.App. 958, 964,
1
184
[ "Complete the following passage from a US court opinion:\nwrit denied). However, “[t]he phrase ‘Approved as to Form and Substance’, standing alone, is insufficient to establish a consent judgment.” Id.; Baw v. Baw, 949 S.W.2d 764, 766-67 (Tex. App.— Dallas 1997, no pet.). In the absence of some indication in the re...
). Here, the trial court’s order was signed
2
185
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nunder the anti-stacking statute. The majority does not analyze the statute and resolve this critical issue, although it admits that Andrea, as the “injured insured,” would have been limited to only one UM policy had she lived. The very reason...
). 2 . The "insured” for purposes of uninsured
4
186
[ "Your challenge is to complete the excerpt from a US court opinion:\nand “demeaning” and testified that, in response to her supervisor’s remarks and conduct, she felt “intimidated,” “embarrassed,” and “stressed.” Fuchs also presented evidence that coworkers enlisted to assist Fuchs given her disability felt intimid...
); Davis v. Geiger, 212 S.W. 384, 388
4
187
[ "Your challenge is to complete the excerpt from a US court opinion:\nplate. 308 Or at 93. But, when the officer approached the defendant’s car, he saw a temporary registration sticker in the window. At that point, the officer’s reason for the stop evaporated. Id. Nevertheless, the officer proceeded to ask the defen...
). As Starr and Farley show, an illegal stop
1
188
[ "Your challenge is to complete the excerpt from a US court opinion:\njudgment on a take-nothing jury verdict against plaintiffs. Appellant challenges three of the district court’s evidentiary rulings, which excluded evidence relating to crashworthiness and unreasonable dangerousness. We affirm. I. We review the dis...
); cf. United Air Lines, Inc. v. Austin Travel
3
189
[ "Complete the following excerpt from a US court opinion:\n2123, 115 L.Ed.2d 27 (1991) (emphasizing the inherent power of federal courts to “manage their own affairs” and stating that “Courts of justice are universally acknowledged to be vested, by their very creation, with power to impose silence, respect, and deco...
). In Cooter & Gell, the Supreme Court set forth
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190
[ "Complete the following excerpt from a US court opinion:\nof the rights of litigants.” Esty v. Beal Bank S.S.B., 298 S.W.3d 280, 297 (Tex.App.-Dal las 2009, no pet.). Interrogatories and requests for admission are not pleas, pleadings, or motions. See Exito, 142 5.W.3d at 305 n. 11 (noting that the “pleadings” in a...
). The motion to compel was not heard or decided
1
191
[ "In the context of a US court opinion, complete the following excerpt:\ndo so.”). Further, it is well-settled that “[a] party is bound by, and a court is powerless to rewrite, the clear and unambiguous terms of a voluntary contract.” Brooks v. Green, 993 So.2d 58, 61 (Fla. 1st DCA 2008). This principle applies even...
). Where the parties expressly provide that the
2
192
[ "Your task is to complete the following excerpt from a US court opinion:\nevidence of damages. Thus we remand the case to the trial court for additional testimony limited to the damages, if any, caused by the changes in the project as envisioned by the August 18 1993 plan and as referenced in the deed from Brenco t...
). 2 . In addition to increasing the grade of
1
193
[ "Your task is to complete the following excerpt from a US court opinion:\nthat when he interviewed Lewis she never mentioned anyone besides Slovik throwing pool balls, but she did state that Featherstone pushed Slovik to the ground and then kicked him, and that Buckley-Stoffel and Featherstone did not plan to infor...
). Accordingly, Slovik is no longer subject to
3
194
[ "Your challenge is to complete the excerpt from a US court opinion:\nno evidence of fraud on the face of the arbitration award. As to Piceo’s claim that GE breached the 1994 settlement agreement by relocating his position, the district court said that Picco was bound by the settlement agreement to arbitrate that cl...
); Fort Wayne Educ. Assoc. v. Fort Wayne Cmty.
1
195
[ "Provide the missing portion of the US court opinion excerpt:\nJudge. Devin Lavonne Bryant appeals his judgment and sentence for aggravated assault with a deadly weapon as against victim Leugim Freytes-Calderon. We conclude that the circuit court properly denied Bryant’s motion for judgment of acquittal, and we the...
); Parker v. State, 389 So.2d 336, 337 (Fla. 4th
0
196
[ "Provide the missing portion of the US court opinion excerpt:\ncategory of II, the probation officer set Peterson’s sentencing range at 15 to 21 months’ imprisonment. At the sentencing on January 23, 2009, Peterson challenged the USSG § 2S1.3(b)(2) enhancement, contending that the enhancement did not apply because ...
), and thus no pattern of unlawful activity,
3
197
[ "Complete the following excerpt from a US court opinion:\nand acceptance of responsibility as mitigating factors. See Sensback, 720 N.E.2d at 1164-1165. 2. Lack of Criminal History Page argues that the trial court gave no weight to his lack of criminal history. We disagree. The trial court recognized Page’s lack of...
). B. Aggravators Page appears to argue that the
1
198
[ "Fill in the gap in the following US court opinion excerpt:\nimplies that the trustees hold title to the Trust as joint tenants, a provision consistent with the rule that co-trustees must act in unison. Other jurisdictions have recognized the principle that co-trustees must not act independently of one another. See...
). The principle that two trustees must exercise
2
199
[ "Please fill in the missing part of the US court opinion excerpt:\n(Doc. # 1-6 at 2.) Thus, Plaintiff was eligible for unemployment compensation benefits. Plaintiff brought this suit, accusing seven Defendants of eight causes of action— three claims under 42 U.S.C. § 1983 and five under state law. Plaintiff has sin...
). The Eleventh Amendment bars suits against
1