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Case • 1998
this evidence. We agree... Evidence about whether, and to what extent, the State was unable to comply with the Decree in relation to the orders of other courts was material to the contempt determination ...
Case • 1991
performed in their designated capacities). [38] With the decision of the Supreme Court in Forrester v. White, 484 U.S. 219, 98 L. Ed. 2d 555, 108 S. Ct. 538 (1988), the analysis of what judicial ...
Case • 1992
of the court. 28 U.S.C. § 1915(e) revision note (1949 Act). [**16] Unfortunately, § 1915 does not state what actions a federal court may, or may not, take if the financial condition of a party proceeding ...
Case • 1994
a bare allegation that the law library was necessary to fill out the BP-11 form, Nigro does not indicate what, if anything, he would have done differently had he had access to the law library. A "merely ...
Case • 2006
concluded: "An interpretation of section 2933.1(a) exists that is faithful to its language and to what we know of the Legislature's purpose, produces fair and reasonable results, and can be readily understood ...
Case • 2005
be brought based upon the facts alleged in this case -- assault, battery, outrageous conduct causing severe emotional distress, and breach of privacy -- those torts involve different elements than what must ...
Case • 2002
a prisoner to "reasonable access" to a telephone, and provides prison officials with discretion to determine what is reasonable access under the circumstances. Accordingly, an inmate is not entitled "to form ...
Case • 2002
the effective assistance of counsel and describes what seems to be a claim that the defendants were deliberately indifferent to his medical needs. Reading the complaint liberally, the Court construes it to raise ...
Case • 2002
speculative that the parties will not agree on what provisions are subject to collective bargaining and on how any disputes over those provisions should be resolved. This analysis is flawed because the relevant ...
Case • 2001
complained directly to the chief deputy ("John Doe # 1") and Abdalla, one of whom told him that he "should expect [what he] was getting," given the charges levied against him. Furthermore, Wells asserts ...
Case • 2001
individuals required by federal law. CMRA does not challenge the terms of these agreements or contend that they fall below what federal law requires. CMRA is only concerned with the level of funding provided ...
Case • 2002
of the forfeiture of the Range Rover. See Dusenbery v. United States, __ U.S. __, 122 S. Ct. 694, 700 (Jan. 8, 2002). [47] B. [48] What is the claimant's remedy when an administrative forfeiture ...
Case • 2001
standards because plaintiff is proceeding pro se, see Platsky v. CIA, 953 F.2d 26, 28 (2d Cir. 1991), these allegations woefully fall short of what is necessary to state a legally sufficient claim ...
Case • 2002
from work to find his mother high and in the company of friends. When defendant confronted his mother about her drug use, she admitted smoking crack cocaine, but told him that she can do what she would ...
Case • 1982
] Moreover, while a judge's decision to certify a class is not normally to be evaluated by hindsight, ante, at 160, since the judge cannot know what the evidence will show, there is no reason for us ...
Case • 2001
these tests measure only what is learned in general college courses. Plaintiffs maintain that Educational Testing Service ("ETS"), the company that developed the NTE, only validated the test to [**5] measure ...
Case • 2001
that "Plaintiffs' estimate of class size is based on simplistic assumptions not reasonably supported by factual evidence." Defendants point out what they believe to be flaws in Plaintiffs' analysis and argue ...
Case • 2001
v. Gen. Motors Corp., 133 F.3d 388, 397 (6th Cir. 1998) (qualifying this statement by adding: "What we are looking for is a common issue the resolution of which will advance the litigation ...
Case • 2001
] In contrast, what would markedly increase the court's work is if a prisoner's claims proceeded in piecemeal fashion, with the exhausted claims proceeding first, then the unexhausted exhausted claims proceeding ...
Case • 2001
what constitutes prejudice, the court should consider whether [**10] "the new claim would: (i) require the opponent to expend significant additional resources to conduct discovery and prepare for trial ...
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