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Case • 1999
. Indeed, except for her act in personally attesting to the truth of the averments in the certification, the preparation and filing of that third document was protected as well. Pp. 4-10. (b) However ...
Case • 2005
meets the numerosity, commonality, typicality, and adequacy of representation requirements of Rule 23(a) and falls into one of the subcategories found in Rule 23(b). Sprague v. General Motors Corp., 133 F ...
Case • 1981
(N.D.Ind.1978). [68] *fn5 The specific conditions complained of relate to the following categories: (a) size of cells; (b) amount of recreation time outside of cells; (c) mail procedure; (d ...
Case • 2001
include the burdens of broad reaching discovery." Lewis, 903 F.2d at 754 (quotations omitted). [36] B. [37] In his motion for summary judgment, Stratman argued that Garrett's medical need ...
Case • 2000
; 455(a), 455(b)(1) (1993). While courts have generally considered § 455 broader in application than its [*683] counterpart, the analysis and standards under both sections are the same. See ...
Case • 1987
opinion authored by Justice White centers around three rules: (a) risk of losing apparent to the lawyer at the outset of his involvement in the case which (b) normally would be limited to one-third ...
Case • 2023
at Miami Correctional Facility and Rule 30(b)(6) representative for the prison, [Doc. 26-1], the deposition transcript of Charlene A. Burkett, the Director of the Indiana Department of Correction Ombudsman ...
Case • 2004
is GRANTED with respect to defendant DuBois.*fn12 B. Was the right clearly established? [34] Having determined that the plaintiffs have established an Eighth Amendment violation with respect ...
Case • 1990
, the Tort Claims Act was amended to raise a municipality's maximum liability for bodily injury from $100,000 to $250,000 for each person. Compare TEX. CIV. PRAC. & REM. CODE ANN. ? 101.023(b),(c) (Vernon 1986 ...
Case • 2003
for qualified immunity, its "inclination would be to deny it [because] . . . there are these factual issues that have to be dealt with." The second trial commenced on January 31, 2000. [18] B. Evidence ...
Case • 2003
trial. COUNSEL: For Appellants: Carter C. White, ATT 021290300, Attorney at Law, 73 Lobos Street, San Francisco, CA 94112. 415/333-5066. Ed Stapleton, ATT 019058400, Costilla & Stapleton, P. O ...
Case • 2006
; Gregory B. Reilly and Mr. Wells, on the brief). [10] Marshall D. Bilder argued the cause for respondents Lisa Calvacca, Susan Fitzgerald, Steven Friedman, Bryan Mazzola, David Nevins, Fredric David ...
Case • 2004
present at the scene of illegal drug [transactions] . . . commonly have drugs in their possession. [23] J.A. 247. Based on the foregoing statement, Deputy Maldonado sought a search warrant for "[c ...
Case • 2008
on mere theft was warranted. (See People v. Gonzales (2003) 114 Cal.App.4th 560, 570 [8 Cal. Rptr. 3d 88].) B. Motive Instruction The jury was instructed on motive pursuant to Judicial Council ...
Case • 2002
] B. Sanctions Against Williams [38] As discussed in greater detail in Part II.B. below, on February 7 and 8, 2001, the district court entered two sanctions orders dated February 6, 2001, one ...
Case • 2001
: Norma L. Shapiro [7] Jonathan J. James Arthur B. Jarrett (argued) James & Jarrett, P.C. Stephen Girard Building - 7th Floor 21 South 12th Street Philadelphia, PA 19107 Counsel for Appellant ...
Case • 2005
to me would have reached a different conclusion regarding the guilt of Earl Washington." Id. [40] B. [41] In May 1993, Wilmore and Hart met with Assistant Attorney General John H. McLees, Jr ...
Case • 2009
was key for purposes of the retroactivity analysis. Speidel, 386 N.E.2d at 182-83 (discussing Palmer v. State, 173 Ind.App. 208, 363 N.E.2d 1245, 1248 (1977)). B. The Language of the 2003 Amendment Does ...
Case • 2004
erred when it denied the State's motion for a judgment as a matter of law at the conclusion of Bordon's case. [45] B. Excluded Expert Testimony [46] Evidentiary rulings are reviewed ...
Brief • 2011
. This court has pendent jurisdiction over state law claims. 3. Venue is proper in this court under 28 U.S.C. § 1391(b) because the defendants reside in the Eastern District of California, and plaintiffs ...
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