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courtlistener_HTML_Query_140

concluding that, even if certain of the requested information in a multi- volume compendium pertaining to Cuban nationals had been released, the requester failed to “show that [the released] information duplicates the contents of the [c]ompendium”

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courtlistener_HTML_Query_141

reviewing trial court's denial of a section 2-1401 petition under the abuse of discretion standard even though the trial court held an evidentiary hearing on the petition

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courtlistener_HTML_Query_142

poll tax invalid because “[w]ealth, like race . . . is not germane to one's ability to participate intelligently in the electoral process”

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courtlistener_HTML_Query_143

recognizing a “liberal exhaustion policy”

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courtlistener_HTML_Query_144

noting "it seem[ed] virtually impossi- ble to begin construction immediately upon purchase of the land" due to the complexity of the project

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courtlistener_HTML_Query_145

rejecting former rule that "mere ownership of a vehicle raised a presumption that the driver is the agent or servant of the owner," and holding that "mere presence of the owner in an automobile driven by another does not create any presumption of a master-servant relationship"

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courtlistener_HTML_Query_146

collecting cases and finding the same

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courtlistener_HTML_Query_147

“[T]he court found Wife’s increase in income due to her receipt of social security and annuity benefits had improved her ability to meet her needs.”

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courtlistener_HTML_Query_148

"remand[ing] for the district court to set an appropriate payment schedule in light of the statutory factors"

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courtlistener_HTML_Query_149

“A prosecutor may even describe a defense as ‘absurd’ and ‘a big fake’ as long as the trial record supports the prosecutor’s comments.”

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courtlistener_HTML_Query_150

"The use of guns in connection with a stop is permissible where the police reasonably believe the weapons are necessary for their protection."

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courtlistener_HTML_Query_151

affirming the grant of summary judgment to an employer on a failure to accommodate claim on the grounds that the essential function of the position of a claims adjudicator could not be performed at home

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courtlistener_HTML_Query_152

superseded by statute on other grounds

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courtlistener_HTML_Query_153

analyzing taxpayer's entitlement to section 6015(f) relief under Rev. Proc. 2003-61 , 2003-2 C.B. 296 , the predecessor revenue procedure to Rev. Proc. 2013-34 , supra

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courtlistener_HTML_Query_154

“Even if the calculations 98 are mistaken, the chart is itself admissible, since admissible evidence may be unpersuasive and a defendant has the opportunity to rebut it.”

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courtlistener_HTML_Query_155

“We apply the same standard of review as the United States Court of Federal Claims, which means ‘we will not disturb the decision of the corrections board unless it is arbitrary, capricious, contrary to law, or unsupported by substantial 10 evidence.’”

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courtlistener_HTML_Query_156

noting application of Rule 15 to habeas petitions under Habeas Corpus Rule 11 and Fed. R. Civ. P. 81(a)(2)

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courtlistener_HTML_Query_157

rejecting plaintiffs’ contention that “judicial estoppel would be inequitable because [creditor] also took inconsistent positions on issues related to its defense”

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courtlistener_HTML_Query_158

analysis that “is not determinative of the result . . . must be deemed not a holding”

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courtlistener_HTML_Query_159

noting that "the FAA's pro-arbitration policy does not operate without regard to the wishes of the contracting parties"

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courtlistener_HTML_Query_160

upholding a three-foot sign restriction, holding that it was narrowly tailored to serve the city's legitimate governmental interest in traffic safety

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courtlistener_HTML_Query_161

affirming directed verdict entered by trial court following bench trial

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courtlistener_HTML_Query_162

tribal employer exempt from Fair Labor Standards Act

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courtlistener_HTML_Query_163

examining findings in publicity pamphlet to determine purpose

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courtlistener_HTML_Query_164

failure to keep proper lookout and crew fatigue not preempted because regulations merely touched upon the subject and did not subsume them

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courtlistener_HTML_Query_165

holding that a new trial is not always required whenever a juror would have been excusable for cause

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courtlistener_HTML_Query_166

failure to submit grievance to committee, as required by step grievance procedure, is "a classic question of 'procedural arbitrability' for the arbitrator to decide"

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courtlistener_HTML_Query_167

holding that, in the absence of reasonable suspicion of criminal wrongdoing, the officer had no authority to expand the stop by taking the passenger’s identification and running a warrants check on him

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courtlistener_HTML_Query_168

providing that trespassers “cannot claim the benefit of the Fourth Amendment”

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courtlistener_HTML_Query_169

holding that the Rule 2119(f) statement must specify where the sentence falls in relation to the sentencing guidelines

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courtlistener_HTML_Query_170

period of five days is timely

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courtlistener_HTML_Query_171

characterizing Utah Construc- tion’s discussion of administrative preclusion as a hold- ing

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courtlistener_HTML_Query_172

“[C]ourts should 15 require any claim based on the present-day law of nations to rest on a norm of international 16 character accepted by the civilized world and defined with a specificity comparable to the 17 features of the 18th-century paradigms we have recognized.”

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courtlistener_HTML_Query_173

remand without vacatur may be inappropriate where the court does not reach “the bulk” of a party’s “potentially meritorious challenges”

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courtlistener_HTML_Query_174

affirming BIA’s denial of asylum and withholding of removal where petitioners failed to establish their persecution was on account of social group or imputed political opinion

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courtlistener_HTML_Query_175

Court declined to “reach the questions that would arise if State accommodation of Free Exercise and Free Speech rights should, in a particular case, conflict with the prohibitions of the Establishment Clause"

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courtlistener_HTML_Query_176

when counsel has no sound basis to believe that pretrial motion would have merit and no basis to make such motion, failure to make it is not ineffective assistance

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courtlistener_HTML_Query_177

“there is a history of efforts to fix prices in the industry”

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courtlistener_HTML_Query_178

holding that the VIN search in that case was justified in part because it was a "minimal" intrusion that served "the safety of the officers" involved

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courtlistener_HTML_Query_179

“In order that it carry out its mission[,] the grand jury has a right to every man’s evidence except for those persons protected by a constitutional, common law, or statutory privilege.”

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courtlistener_HTML_Query_180

stating that a party waived mediation because, although the contract contained an enforceable mediation clause, the party “never sought to judicially compel mediation, and instead it filed a lawsuit”

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courtlistener_HTML_Query_181

‘‘[i]n deciding cases . . . [j]urors are not expected to lay aside matters of common knowledge or their own observations and experiences, but rather, to apply them to the facts as presented to arrive at an intelligent and correct conclusion’’ (internal quotation marks omitted)

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courtlistener_HTML_Query_182

holding that the plaintiff's location on the supply barge at the time of the accident did not alter his status

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courtlistener_HTML_Query_183

noting that the Salerno Court found the Bail Reform Act “constitutionally permissible” because it “was strictly limited in duration”

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courtlistener_HTML_Query_184

requiring disclosure of records in which “no agency policy is being debated or discussed” even though the “[records] are, in the most general sense, part of an intra- agency discussion relating” to agency’s decisionmaking

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courtlistener_HTML_Query_185

“A corporation’s contacts with a forum may be imputed to its successor if forum law would hold the successor liable for the actions of its predecessor.”

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courtlistener_HTML_Query_186

denying motion to strike allegations that allegedly post-dated termination of conspiracy because that determination “involve[s] factual determinations that must be made by a jury . . . the date of the termination of the conspiracy is an issue for the jury to determine”

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courtlistener_HTML_Query_187

discharger may “simply operate under the [general] permit without informing the Corps in advance unless the [general] permit in question requires advance approval from the Corps”

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courtlistener_HTML_Query_188

evidence submitted to a district court after entry of final judgment under Federal Rule of Civil Procedure 54(b) not part of record on 2007-1249, -1286 9 appeal from that judgment

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courtlistener_HTML_Query_189

holding that an overnight guest has a legitimate expectation of privacy in the host’s home

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courtlistener_HTML_Query_190

“We do not hold that prosecutors must present precisely the same evidence and theories in trials for different defendants. Rather, we hold only that the use of inherently factually contradictory theories violates the principles of due process.”

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courtlistener_HTML_Query_191

providing that this court reviews district court child custody decisions for an abuse of discretion

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courtlistener_HTML_Query_192

concluding under Fed. R. Evid. 404(b) that evidence of defendant’s prior trips to two different states with the aim of committing bank robberies was, inter alia, “admissible to show preparation, plan, intent”

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courtlistener_HTML_Query_193

upholding warrantless seizure of pistol with obliterated serial number found during search for other objects, finding that incriminating nature was immediately apparent

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courtlistener_HTML_Query_194

“[W]hen a case is appealed and remanded, the decision of the appellate court establishes the law of the case and ordinarily will be followed by both the trial court on remand and the appellate court in any subsequent appeal.”

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courtlistener_HTML_Query_195

discrimination and harassment did not rise to the level of persecution

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courtlistener_HTML_Query_196

stating the grand jury functions "free from the constraints of the rules of evidence and procedure"

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courtlistener_HTML_Query_197

stat- ing a complaint must include enough factual matter that, taken as true, raises a reasonable expectation that discovery will reveal evi- dence supporting the grounds for relief

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courtlistener_HTML_Query_198

"The cardinal principle of statutory construction is to save and not to destroy. It is our duty to give effect, if possible, to every clause and word of a statute . . . ." (quotation marks and citations omitted)

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courtlistener_HTML_Query_199

noting that for interstate extradition, there is no requirement of "a good indictment, or even an indictment of any kind" because extradition "requires nothing more than a charge of crime"

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courtlistener_HTML_Query_200

concluding that if the plaintiff is given the chance but fails to remedy the defects of his previous complaint, “the district court does not abuse its discretion in dismissing the case with prejudice on shotgun pleading grounds”

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courtlistener_HTML_Query_201

holding that an unreasonable search or seizure by police “must be condemned by the judiciary and its fruits must be excluded from evidence in criminal trials”

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courtlistener_HTML_Query_202

stating that it is “within the court’s discretion to make a factual inquiry” into a claim of poverty

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courtlistener_HTML_Query_203

noting that under the law of the case doctrine, which directs discretion, a court should not reopen questions decided by a judge of the same court or a (Footnote Continued Next Page

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courtlistener_HTML_Query_204

“Multiemployer bargaining … is a well-established, important, pervasive method of collective bargaining.”

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courtlistener_HTML_Query_205

recognizing that a district court "abuses its discretion when, among other things, it applies an incorrect legal standard"

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courtlistener_HTML_Query_206

"[T]he reasonable expectation doctrine is inapplicable to the review of an ERISA disability benefits plan under the arbitrary and capricious standard."

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courtlistener_HTML_Query_207

finding no good cause when defense counsel could have found out the necessary information by interviewing defendant

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courtlistener_HTML_Query_208

“[A] court sitting in equity cannot ignore the judgment of Congress, deliberately expressed in legislation” (internal quotation marks omit ted)

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courtlistener_HTML_Query_209

determining the record for an unreported sentencing was insufficient when the district court only stated it considered “the circumstances of the offense, and the defendant’s prior background”

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courtlistener_HTML_Query_210

the juvenile need not suffer physical, mental, or emotional impairment, but only be at substantial risk of impairment

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courtlistener_HTML_Query_211

stating that Uni- form Single Publication Act applies to defamation No. 07-3826 27 claims

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courtlistener_HTML_Query_212

upholding appellate presumption of reasonableness for within-guidelines sentence

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courtlistener_HTML_Query_213

“In cases where statutory precedents have been overruled, the primary reason for the Court’s shift in position has been the intervening development of the law, through either the growth of judicial doctrine or further action taken by Congress.”

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courtlistener_HTML_Query_214

“A miscalculation or erroneous sentence estimation by defense counsel is not a constitutionally deficient performance rising to the level of ineffective assistance of counsel.”

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courtlistener_HTML_Query_215

indicating that the definition of torture is merely a subset of what qualifies as persecution

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courtlistener_HTML_Query_216

holding the parent had standing to assert victim’s rights and seek special action relief on behalf of her minor daughter

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courtlistener_HTML_Query_217

university violated discharge injunction by refusing to provide a student- debtor with a degree

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courtlistener_HTML_Query_218

cit- ing Elliott v. Adm’r, Animal & Plant Health Inspection Serv., 990 F.2d 140, 144 (4th Cir. 1993)

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courtlistener_HTML_Query_219

assuming that there was error and that the error was of constitutional dimension, error was harmless beyond a reasonable doubt

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courtlistener_HTML_Query_220

recognizing that a degree of leniency applies to the failure to raise all possible grounds for affirmance

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courtlistener_HTML_Query_221

holding that “abuse of discretion” “arises when a decision is made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis” (citation and internal quotation marks omitted)

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courtlistener_HTML_Query_222

“NEPA’s public involvement requirements are not as well defined when an agency prepares only an EA and not an EIS.”

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courtlistener_HTML_Query_223

explaining court’s discretion to deny transfer where there was no “assertion of . . . personal jurisdiction that provided some arguable basis for thinking that the action was properly brought in the district in which it was originally filed,” even if re-filing is time-barred

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courtlistener_HTML_Query_224

finding shooting at close range and then fleeing scene of shooting could support inference by factfinder that appellant intended to kill victim

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courtlistener_HTML_Query_225

less than two months between protected activity and adverse employment action

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courtlistener_HTML_Query_226

holding that BLM has no judicially enforceable duty to exclude all ORVs from wilderness study areas

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courtlistener_HTML_Query_227

noting that the McDonnell Douglas framework applies to plaintiff’s Title VII discrimination claims

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courtlistener_HTML_Query_228

“The filing of a notice of appeal is an event of jurisdictional significance--it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.”

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courtlistener_HTML_Query_229

subject-matter jurisdiction in every federal criminal prosecution comes from § 3231

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courtlistener_HTML_Query_230

so long as the protective order resulted from a hearing of which the defendant had actual notice and an opportunity to participate, the defendant may not collaterally attack the order in a § 922(g)(8) prosecution

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courtlistener_HTML_Query_231

holding that an officer may order a passenger out of a vehicle during a stop for a traffic infraction

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courtlistener_HTML_Query_232

“[N]either statutory language nor legislative intent can be stretched beyond the fair implication of the statute’s words or its purpose.”

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courtlistener_HTML_Query_233

observing that in the Federal Circuit, a determination that two marks are not legal equivalents is a legal determination that is not entitled to deference

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courtlistener_HTML_Query_234

government, as creditor, could not bring post-confirmation statutory challenge to plan’s assignment of government’s contract with debtor, even though the government had already begun court proceedings to terminate the contract

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courtlistener_HTML_Query_235

noting our appellate courts “have granted trial courts broad discretion in deciding whether to withdraw a guilty plea sua sponte”

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courtlistener_HTML_Query_236

explaining that courts are to avoid considering a constitutional question when the case can be decided on non-constitutional grounds

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courtlistener_HTML_Query_237

to recover on an open account, the plaintiff must meet its burden to prove “the correctness of the account and each item thereof”

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courtlistener_HTML_Query_238

"It has been pointed out often enough that, in considering such a claim, [whether heightened scrutiny applies to a governmental act burdening a fundamental right,] much turns on the level of generality at which the asserted fundamental right is defined."

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courtlistener_HTML_Query_239

deficient SPD is harmless if “employee independently knew the information that was wrongfully omitted from the SPD”

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