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courtlistener_HTML_Query_340

applying only the direct 17 harm test and stating that a shareholder can still maintain a direct action if there is a special injury or specific and separate duty owed

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courtlistener_HTML_Query_341

“An indigent convicted person intending to file a motion for post-conviction DNA testing now has a limited right to appointed counsel.” (emphasis added)

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courtlistener_HTML_Query_342

"The Commission need not sift pleadings and documents to identify arguments that are not stated with clarity by a petitioner"

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courtlistener_HTML_Query_343

“[W]e do frown upon the practice of keeping the jury at work until the small hours of the morning particularly when it reports that it is tired.”

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courtlistener_HTML_Query_344

adopting interpretation proposed in Guy v. Johnson, 15 Mass.App.Ct. 757, 448 N.E.2d 1142, 1144-45 (1983)

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courtlistener_HTML_Query_345

order of proof is within discretion of trial court

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courtlistener_HTML_Query_346

Commerce’s “interpretation governs in the absence of unambiguous statutory language to the contrary or unreasonable resolution of language that is ambiguous.”

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courtlistener_HTML_Query_347

affirming conviction where the defendant used a false name and social security number to open bank accounts

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courtlistener_HTML_Query_348

even if trial court's legal reasoning for ruling was erroneous, court will affirm if 4 ruling is supported by another legally correct reason and record developed in trial court

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courtlistener_HTML_Query_349

setting forth the ele- ments of a violation of 18 U.S.C. § 922(a)(6)

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courtlistener_HTML_Query_350

“[O]ur review of an ERISA benefits determination is essentially analogous to a review of an administrative agency decision . . . .”

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courtlistener_HTML_Query_351

“We have never held, or suggested, that it is improper to look at the content of an oral or written statement in order to determine whether a rule of law applies to a course of conduct.”

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courtlistener_HTML_Query_352

“[A] court cannot alter, change or modify existing terms of a contract, or add new terms or con- ditions to which the parties do not appear to have assented.”

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courtlistener_HTML_Query_353

noting that courts prefer to use the plain meaning of words in a statute

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courtlistener_HTML_Query_354

“[W]hen considering the employer’s judgment regarding what is an essential function, we have previously considered not only the company’s ‘official position,’ but also testimony from the plaintiff’s supervisor.”

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courtlistener_HTML_Query_355

“A compensable taking . . . occurs . . . through the government's physical invasion or appropriation of private property[.]”

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courtlistener_HTML_Query_356

“[R]etaliatory criminal prosecutions in violation of the First Amendment are actionable only if a plaintiff can also prove the common-law elements of malicious prosecution, including the absence of probable cause to prosecute.” (citations omitted)

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courtlistener_HTML_Query_357

joint- venture claim against a husband and wife failed as a matter of law because plaintiff failed to plead facts “showing . . . an actual ability [of the passenger wife] to control the driver [husband]” (alterations added)

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courtlistener_HTML_Query_358

noting a party cannot withstand summary judgment based on “speculation, conjecture, or fantasy” (quoting Moody v. St. Charles Cnty., 23 F.3d 1410, 1412 (8th Cir. 1994)) (internal quotation marks omitted

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courtlistener_HTML_Query_359

noting autopsy photos may help to “illustrate the medical testimony and [make] it comprehensible for the jury”

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courtlistener_HTML_Query_360

“The fundamental rationale of collateral estoppel or issue preclusion commands that the doctrine only be 7 applied to matters that have been actually decided.”

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courtlistener_HTML_Query_361

“the use of ‘may’ generally connotes permissive or discretionary action and does not mandate -15- or compel a particular act”

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courtlistener_HTML_Query_362

“Without any evidence, the Board’s decision cannot stand.”

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courtlistener_HTML_Query_363

noting that even when a notice of denial of claimed IDEA benefits was held otherwise deficient, school authorities informed parents that the deci- sion was "final."

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courtlistener_HTML_Query_364

holding adverse employment actions occurring after plaintiff filed his administrative charge did not fall within the scope of the charge

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courtlistener_HTML_Query_365

interpreting Rule 10b-5 according to the "commonly accepted meaning" of its words

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courtlistener_HTML_Query_366

agreeing with both parties that § 12-309 is a jurisdictional limitation

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courtlistener_HTML_Query_367

“The ordinary meaning of [‘relating to’] is a broad one.”

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courtlistener_HTML_Query_368

holding that "if all the attendant - 8 - circumstances indicate that the confession was coerced or compelled, it may not be used to convict a defendant"

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courtlistener_HTML_Query_369

examining whether government conduct following the dismissal of the indictment was in bad faith

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courtlistener_HTML_Query_370

"The right to speak and publish does not carry with it the unrestrained right to gather information."

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courtlistener_HTML_Query_371

defendant's constitutional rights not violated by imposing burden to prove mitigating circumstances by preponderance of evidence

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courtlistener_HTML_Query_372

plaintiff’s assault and battery claim foreclosed by a prior court finding that officers’ did not use excessive force

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courtlistener_HTML_Query_373

finding an Establishment Clause violation where the challenged act’s “primary purpose . . . is to endorse a particular religious doctrine,” notwithstanding that the act’s stated purpose was secular

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courtlistener_HTML_Query_374

mere mention, without supporting argumentation, that party seeks review of a district court's ruling is -11- insufficient to raise issue on appeal

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courtlistener_HTML_Query_375

holding that the “aggravated felony” classification turns on analogies to federal law and noting that state misdemeanors can constitute aggravated felonies

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courtlistener_HTML_Query_376

noting that a court must construe the complaint “liberally in the plaintiff’s favor” and “grant plaintiffs the benefit of all inferences that can be derived from the facts alleged”

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courtlistener_HTML_Query_377

application filed 22 months after expiration of lawful nonimmigrant status expired was not reasonable

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courtlistener_HTML_Query_378

informant told police that he personally and recently saw guns in the defendant's home

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courtlistener_HTML_Query_379

finding father’s reduction in income resulting 8 from criminal activity, though voluntary, was not done with an improper intent to deprive children of support

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courtlistener_HTML_Query_380

holding that under Art. V, § 3 of the Florida Constitution as amended April 1, 1980, the Florida Supreme Court lacks jurisdiction to review a decision of a district court of appeal that reads in its entirety “Per Curiam Affirmed”

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courtlistener_HTML_Query_381

reversing denial of motion for new trial where it appeared the trial 1 We find Roberts’ reliance on Scipio v. State, 928 So. 2d 1138 (Fla. 2006

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courtlistener_HTML_Query_382

arguing that reasonable accommodation does not require an employer’s action be motivated by discriminatory animus directed at disability, and thus “[i]t follows inexorably that the McDonnell Douglas scheme is inapposite 23 in respect to such claims.”

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courtlistener_HTML_Query_383

concluding that the holding company was “not an ‘inactive’ corporation in the sense in which other circuits have used that term”

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courtlistener_HTML_Query_384

explaining that “[a]s a general rule, when deciding a Rule 12(b)(6) motion, the [c]ourt is limited to considering only the facts alleged in the complaint and normally may not consider documents extrinsic to it” however, there are two exceptions: (i

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courtlistener_HTML_Query_385

"A petition [for a certificate of innocence] starts what is, in essence, a civil proceeding within the closed criminal case."

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courtlistener_HTML_Query_386

“While the completion of the election makes injunctive relief moot, declaratory relief is still available.”

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courtlistener_HTML_Query_387

explaining the requirements for this type of claim

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courtlistener_HTML_Query_388

noting that specific jurisdiction rules should “provide[] defendants with . . . knowledge that a particular activity may subject it to the jurisdiction of a foreign sovereign.” (cleaned up)

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courtlistener_HTML_Query_389

deciding “whether there was any evidence to authorize a finding by the jury that the conduct of the defendant amounted to wantonness,” which was “the sole issue” on appeal, and defining the phrase “reckless (wanton) misconduct” (emphasis supplied)

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courtlistener_HTML_Query_390

“A liquidated damages clause will generally be considered unreasonable . . . if it bears no reasonable relationship to the range of actual damages that the parties could have anticipated would flow from a breach.”

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courtlistener_HTML_Query_391

appellate court prefers to decide cases on their merits whenever possible

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courtlistener_HTML_Query_392

rejecting “rigid rules, bright-line tests, and mechanistic inquiries in favor of a more flexible, all-things-considered approach” to probable cause determinations

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courtlistener_HTML_Query_393

“[W]e lack jurisdiction to consider claims that have not been raised before the 4 Case: 15-10113 Date Filed: 09/21/2015 Page: 5 of 8 BIA.”

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courtlistener_HTML_Query_394

action to recover restitution that plaintiff was ordered to pay in criminal case barred by in pari delicto

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courtlistener_HTML_Query_395

defendant's "patently false statement [was] circumstantial evidence of [defendant's] guilty knowledge"

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courtlistener_HTML_Query_396

holding disagreements about the proper methodology and conduct of clinical studies are insufficient to establish falsity

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courtlistener_HTML_Query_397

finding the market rate in Washington, DC to be significantly higher than the market rate in Cheyenne, WY

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courtlistener_HTML_Query_398

holding that substantial compliance with requirements to withdraw as counsel will satisfy the Turner/Finley criteria

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courtlistener_HTML_Query_399

holding that it was proper for the trial court to refuse to admit into evidence the model rules of professional conduct because such rules were meant as guidelines only and were not meant to establish a civil cause of action for malpractice

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courtlistener_HTML_Query_400

noting that the personal representative properly published the notice to creditors, but no claim was timely presented

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courtlistener_HTML_Query_401

discussing § 3501(b) and stating " Miranda and its progeny ... govern the admissibility of statements made during custodial interrogation"

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courtlistener_HTML_Query_402

evidence establishing reasonable suspicion may be supported by affidavit but is not limited to affidavit and may also include testimony

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courtlistener_HTML_Query_403

hold- ing that Noerr immunity did not apply because of the defendant’s improper relationship with a city consultant who disqualified the plaintiff’s bid

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courtlistener_HTML_Query_404

court is never required to deviate from guide- lines on policy grounds

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courtlistener_HTML_Query_405

reviewing factual findings in support of denial of motion to withdraw plea for clear error

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courtlistener_HTML_Query_406

holding that counsel multiplied proceedings by engaging in bad-faith conduct that necessitated a motion for mistrial

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courtlistener_HTML_Query_407

declining to exercise supplemental jurisdiction over District of Columbia statutory and common law claims after dismissal of civil rights claim brought under 42 U.S.C. § 1983

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courtlistener_HTML_Query_408

minor children had common authority to consent to inspection of their parents’ open bedroom

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courtlistener_HTML_Query_409

holding that individuals may not be given the death penalty for crimes they committed while under the age of 18

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courtlistener_HTML_Query_410

stating that superiority “requirement focuses upon a comparison of available alternatives”

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courtlistener_HTML_Query_411

holding that arguments not raised in an appellant’s initial brief are considered abandoned

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courtlistener_HTML_Query_412

acknowledging that if the defendant were “challenging a court-ordered repayment schedule … suit could be brought under § 3664(k),” not 28 U.S.C. § 2241

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courtlistener_HTML_Query_413

discussing showing required to establish causation

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courtlistener_HTML_Query_414

suggesting, but not deciding, the exclusionary rule applies where law enforcement officers fail to wait a reasonable period of time to forcibly enter a residence after knocking and announcing their presence during execution of a search warrant

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courtlistener_HTML_Query_415

"There is, of course, a de minimis level of imposition with which the Constitution is not concerned."

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courtlistener_HTML_Query_416

noting that co-ownership interests are material to the insurance risk

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courtlistener_HTML_Query_417

holding that where a court "may" enter a default judgment, "it does not follow that the trial court has a mandatory, ministerial duty to grant a motion for default judgment"

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courtlistener_HTML_Query_418

stating that a newspaper article that referred to a neighborhood activist as “no more than a land speculator who cloaks himself in the guise of a community activist” was an expression of opinion and not actionable under law

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courtlistener_HTML_Query_419

applying plain-error review to district court’s decision to conduct charge conference without defendant present

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courtlistener_HTML_Query_420

holding that a "defendant who fails to question an obvious, available source of information cannot later claim evidence from that source constitutes newly discovered evidence."

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courtlistener_HTML_Query_421

holding that defendant’s intentional misrepresentation of his identity to police officers is sufficient to establish criminal impersonation

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courtlistener_HTML_Query_422

rejecting a takings clause challenge where the complainant failed to compare the loss at issue to something in order to assess its impact

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courtlistener_HTML_Query_423

trial court committed fundamental error when, in response to jury’s request to hear testimony of witnesses, court allowed court reporter to read testimony to jury in jury room, outside the presence of the trial court, counsel, and the defendant

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courtlistener_HTML_Query_424

“It is axiomatic that a party to an agreement has standing to sue a counter-party who breaches that agreement, even where some or all of the benefits of that contract accrue to a third party.”

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courtlistener_HTML_Query_425

holding “a violation of § 571.030.1(4) . . . presents a serious potential risk of physical injury to another . . . and is therefore a crime of violence under § 4B1.2(a)(2) [the residual clause in the Guidelines]” (internal quotations omitted)

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courtlistener_HTML_Query_426

finding ‘‘no abuse of discre- tion’’ in discretionary determination to ‘‘approve or dis- approve a fence’’

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courtlistener_HTML_Query_427

to sue United States, plaintiff must show both waiver of sovereign immunity and grant of subject matter jurisdiction

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courtlistener_HTML_Query_428

“Under this modified comparative fault system, if the claimant’s percentage of fault is more than fifty percent, the claimant cannot recover damages.”

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courtlistener_HTML_Query_429

explaining “Congress has exercised its prerogative to restrict the subject-matter jurisdiction of federal district courts based on a wide variety of factors”

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courtlistener_HTML_Query_430

“We review de novo the district court’s compliance with Rule 32 of the Federal Rules of Criminal Procedure.”

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courtlistener_HTML_Query_431

affirming death sentence with aggravators: (1) HAC; and (2) during the commission of or an attempt to commit sexual battery; no statutory mitigation and five nonstatutory mitigators and found the following three mitigators entitled to very little weight: (1

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courtlistener_HTML_Query_432

“[T]he Declaratory Judgment Act is not a tactical device whereby a party who would be a defendant in a coercive action may choose to be a plaintiff by winning the proverbial race to the courthouse.”

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courtlistener_HTML_Query_433

“[P]laintiffs need not engage in the ‘futile gesture’ of vis‐ iting a building containing known barriers that the owner has no intention of remedying” if they would “visit the building in the imminent future but for those barriers.”

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courtlistener_HTML_Query_434

holding this different testimony did not constitute newly discovered evidence

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courtlistener_HTML_Query_435

noting that the supervisors’ dissatisfaction with employee’s work was a legitimate, nondiscriminatory reason for employee’s two “minimally successful” performance evaluations

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courtlistener_HTML_Query_436

overruled by West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937)

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courtlistener_HTML_Query_437

issues not argued on appeal are deemed abandoned

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courtlistener_HTML_Query_438

explaining that the “controlling question” is whether the deeds conveyed title in fee simple or an easement for railroad purposes

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courtlistener_HTML_Query_439

“Working is a major life activity.”

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