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Caddy; Due process is satisfied when the defendant has performed some act or consummated some transaction within the forum or has otherwise purposefully availed himself of the privileges of conducting business in the forum. Executive privilege does not shield the president from the judicial process, recognized claim of privilege, due process considerations, criminal trial, executive immunity, in camera inspection, speech or debate clause. Bush; In cases of undue delay, federal courts may entertain an enemy combatant's habeas corpus petition even before the Combatant Status Review Tribunal has had a chance to review his status. EPA; Standing; A litigant Congress has accorded a procedural right to protect his concrete interests (right to challenge agency action unlawfully withheld) can assert that right without meeting standards for redressability and immediacy. City of Chicago Individual self defense is the central component of the Second Amendment right to keep and bear arms and is deeply rooted in the nation's history and tradition. Homeless living in vehicle still subject to the automobile vehicle search exception to the warrant requirement; warrantless searches of readily movable vehicles are not unreasonable when probable cause supports the search. Lake Shore Investors; damages for tortious contractual interference may include pecuniary loss of the benefits of the contract; consequential losses; emotional distress and actual harm to reputation, and punitive damages. Darue Engineering & Manufacturing; The national interest in providing a federal forum for federal tax litigation is sufficiently substantial to support the exercise of federal question jurisdiction. Carey; Rule 9(b)'s requirement of pleading fraud with particularity must be harmonized with Fed. Difficultion negotiation; positional bargaining; positional negotiation; Fisher and Ury; principled negotiation; non-adversarial bargaining; negotiation tactics; negotiation skills; negotiation strategies; negotiaiton techniques. United States; When an average person applying contemporary community standards feels that the dominant theme, taken as a whole, appeals to purient interests, the government can regulate the material as obscene. Noise ordinances advance a substantial government goal, limit speech, protect a legitimate government interest, content based, foreclose alternate avenues of communication; least restrictive intrusive. Williams; An award of punitive damages based on a desire to punish the defendant for harming persons not before the court is an unconstitutional taking of property without due process. Carhart; Laws that place restrictions on abortion that express respect for the life of the unborn are valid, if laws do not unduly burden a woman's right to obtain an abortion; as-applied challenge; overbreadth doctrine; void for vagueness. Marion County Election Board; Evenhanded restrictions on the right to vote that are related to voter qualifications and that protect the integrity and reliability of the electoral process are valid. Gonzales; An individual who has obtained a restraining order against another does not have a constitutionally protected property interest in the enforcement when there is probable cause to believe it was violated. Forum for Academic & Institutional Rights, Inc; Conditioning the receipt of federal funds on allowing military recruiters to have access to a college campus does not violate the First Amendment; freedom of association. Sorrell; Limits on campaign contributions may not be set so low as to magnify the advantages of incumbency and prevent a candidate from raising sufficient funds to mount an effective campaign; stare decisis. In re Marriage Cases; gay rights; impermissible to treat gay individuals and same-sex couples any differently than heterosexual individuals and opposite-sex couples; compelling-state-interest-test; strict scrutiny; suspect class. Black; A state statute banning cross burning with the intent to intimidate another person is not unconstitutional, but the establishment of criminal intent from the prohibited act itself violates the First Amendment; content-based restriction. Hibbs; State governments are liable for money damages for interfering or restraining state employees' exercise of their rights under the Family and Medical Leave Act of 1993. EPA; For standing, a litigant must ordinarily demonstrate it has suffered concrete and particularized injury that is either actual or imminent, fairly traceable to defendant, and a likelihood that a favorable decision would redress injury Boumediene v. Search incident to lawful arrest does not include the search of a house when the arrest occurred outside of the house; search must be substantially contemporaneous with the arrest and confined to the immediate vicinity of the arrest. When Congress mandates a specific definition of a statutory term, an agency cannot interpret the meaning of the term differently under its regulations. Twombly; sufficient factual allegations required for Fed. Judicial impartiality is not a compelling enough interest to justify suppressing candidates views, government regulations that supress speech on the basis of its content must be narrowly tailored, first amendment. Nontestimonial evidence obtained as a result of a defendant s voluntary statement given without the benefit of miranda warnings need not be excluded at the defendant's trial; fruit of the poisonous tree doctrine. Crossmedia Services, Inc.; when a benefit is offered subject to stated conditions, and the offeree takes the benefit with knowledge of the terms of the offer, the taking constitutes acceptance of the terms. In-house counsel may bring a common-law action for retaliatory discharge resulting compliance with Code of Professional Responsibility provision that represents a clear and definitive statement of public policy. Sweet; plaintiff in a transactional malpractice action must show that but for the alleged malpractice, it is more likely than not that plaintiff would have obtained a more favorable result; but-for causation. In re Primus; when freedom of association is involved, the state must demonstrate a compelling subordinating interest, and that the means employed is closely drawn to avoid unnecessary abridgement of associational freedoms. Carona; the government may use deception in its investigations in order to induce suspects into making incriminating statements, even if reprensented by an attorney. CERCLA authorizes contribution for environmental cleanup costs from other responsible parties only when the party seeking contribution has been sued under CERCLA 106 or 107(a). The EPA authority under the Clean Air Act includes the power to mandate the inclusion of emissions-control designations in pre-construction permits AND the power to determine whether the designations are in accord with the provisions of the Act. Jayco, Inc.; summary judgment testimony usually form of an affidavit or sworn statement even if a court's consideration of inadmissible evidence is in error, such error is harmless it if does not affect any party's substantial rights. Eminent domain, inverse condemnation, just compensation, ripeness, taking, environmental concerns justify limitations on development, when a regulation denies all economically beneficial or productive use of property. Eminent domain, just compensation, public purpose, takings of private property for use by other private citizens pursuant to a carefully considered economic development plan intended for a public purpose are valid under the Fifth Amendment. Heller; Words and phrases in the Constitution are to be interpreted according to their normal and ordinary meanings as understood when the provision in question was adopted; second amendment. Freedom from Religion Foundation; Taxpayers have standing to bring Establishment Clause challenges to a federal expenditure only if that expenditure is made pursuant to an explicit congressional authorization; establishment clause. Raich; Medical marijuana; Prescription marijuana; THC; Congress may regulate intrastate activity if there is a rational basis for concluding that the activity may have a substantial effect on interstate commerce; necessary and proper clause. Georgia; The enforcement power in the Fourteenth Amendment gives Congress the power to create a private right of action for violations of the Amendment; Americans with Disabilities Act; sovereign immunity. CSuspicionless drug testing of public school students involved in extracurricular activities is reasonable means of furthering schools interest in preventing and deterring drug use. If law enforcement officers have reason to believe individual giving consent to search has authority over premises to be searched, then entry will be validated even if it is later determined that person did not have authority to consent. Indigent misdemeanor defendant is entitled to appointed counsel at criminal trial when suspended sentence of imprisonment may later be enforced upon revocation of probation. Criminal defendant does not have constitutional right to appointed counsel to assist in pursuing discretionary appeal in state court or petition for certiorari in supreme court of united states. For purposes of Miranda, interrogation occurs when police either expressly question suspect in custody or engage in any actions or dialogue that police should know is reasonably likely to elicit incriminating response from suspect. Ed Stefanko; Contract provisions requiring the issuance of an injunction are not binding on the trial court; granting or denying a preliminary injunction rests within the trial court's equitable discretion, Hall Street Associates, L. An employer may order a plant closing or mass layoff before the conclusion of the statutory sixty-day notice period if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable. Clay Ward Agency, Inc.; assumption of personal liability by a member of an LLC is so antithetical to the purpose of a limited liability company that it must be stated in unequivocal terms. In order for media coverage to infect a trial with unfairness, a juror's preconceived notions of guilt or innocence must prevent him or her from rendering a verdict based on the evidence presented in court. Even when capital defendant family members and defendant himself say no mitigating evidence, lawyer must make reasonable efforts to obtain and review prosecution evidence of aggravation at sentencing phase of trial. Counsel's failure to obtain the defendant's express consent to a strategy of conceding guilt in a capital trial does not render counsel's assistance ineffective when it is reasonable under the circumstances. a defendant can lose his right to be present at trial if, after warning by the judge, he conducts himself in a manner so disorderly, disruptive, and disrespectful of the court that trial cannot be carried on with him in courtroom. Millard Refrigerated Services, Inc.; limitation of liability in a warehouse receipt will limit liability, unless the damage was from the the warehouse's conversion of the goods to its own use. Chase Bank, USA; Unauthorized use of a credit card is use of the card by someone without actual, implied, or apparent authority to make charges, and from which the cardholder receives no benefit. Shell Oil Co.; claim for bad faith price setting; a price in an open price contract is set in good faith if it is commercially reasonable and nondiscriminatory; disparate pricing between jobbers and dealers is not evidence of discrimination Central Washington Refrigeration, Inc. Barbee; Uniform Commercial Code; indemnity actions are governed by separate statute of limitation; implied right of indemnity; separate equitable cause of action; UCC. Certified Packaging Corp.; security interest includes the proceeds from a recovery for decreased value of collateral, and not for loss of use of the collateral; destroyed property; damaged property. A person has a duty to avoid affirmative misrepresentations in referral letters and a duty to disclose omitted information if a fiduciary or confidential relationship exists or a pecuniary interest Racing Investment Fund 2000, LLC v. AFSCME Employees Pension Plan; bylaws may be unilaterally adopted by shareholders only when they appropriately relate to corporate processes rather than substantive decisions and do not otherwise violate the law. capital offense; death penalty; death sentence; voir dire. Certifying a corporation's financial condition, question for the jury, fairly presented the financial condition of a corporation, generally accepted accounting priniciples, generally accepted auditing standards, material, materiality. Superior Court; A disclaimer in a standard job application advising an applicant that he or she need not complete certain sections as provided by local law must be clear and conspicuous . Proctor Hospital; Under the cat's paw theory, discriminatory animus of non-decisionmakers can be imputed to decisionmakers only when the non-decisionmaker has a singular influence over the decisionmaker and uses that influence. Metropolitan Government Nashville; Under Title VII, an employee may "oppose" unlawful employment practice as required as a condition precedent to a retaliation claim even though opposition is not expressed as a discrimination claim. De Stefano; Under Title VII, before an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an unintentional disparate impact, must have a strong basis to believe disparate-impact liability. Schneider National, Inc.; An employer is free to decide that some physical and mental characteristics that do not constitute an impairment are more or less preferable and may make individual employees more or less suitable for the job. Legal Aid Society; Under the Americans with Disabilities Act and Rehabilitation Act (ADA), employers must accommodate requests that facilitate arrival and departure from workplace if no undue hardship on operation employer's business. Walters; Specific information provided by employer to employee, in course of employment, and for sole purpose of servicing employer's customers, is legally protectable as confidential proprietary information. Search of passenger compartment of automobile is permissible if officer has reasonable belief, based on specific and articulable facts and rational inferences from facts, that suspect is dangerous and may gain immediate control of weapons. The determination of whether a sale of collateral was commercially reasonable requires a consideration of the totality of the circumstances surrounding the sale. Initio Partners; In corporate litigation, the court may order the payment of counsel fees and related expenses to a plaintiff whose efforts resulted in the creation of a common fund or the conferring of a corporate benefit. Elevator Co., Inc.; Benefits accruing for services rendered prior to the bankruptcy petition ordinarily relate back to the date of the services but "retiree benefits" under the Bankruptcy Code have a priority claim. De Wolff, Boberg & Associates, Inc.; Although no remedy is available for individual injuries in defined contribution plan, individuals may recover for fiduciary breaches that impair the value of plan assets in the participant's individual account. Sixth amendment confrontation clause demands, for an out of court statement to be admitted into evidence, the witness must be unavailable and defendant must have prior opportunity to cross examine the declarant. The confrontation clause is not violated by the admission of a nontestifying codefendant confession, with proper limiting instruction, when the confession is redacted to eliminate defendant name and any reference to her existence. Under the fifth amendment, a prosecutor may not comment on a defendant s decision not to testify at his trial and the court may not instruct the jury that the defendant's silence is evidence of his guilt. The fifth amendment protection against double jeopardy bars trial of an acquitted defendant on another charge unless the prior acquittal was based on evidence other than that involved in the second prosecution. Person who has been held in criminal contempt for committing criminal offense may not be criminally prosecuted for committing underlying offense if prosecution for the criminal offense does not require proof of different facts. A penalty will implicate the double jeopardy clause only if there was a legislative intent that the penalty be criminal in nature and if the statutory scheme is so punitive as to make the remedy criminal. A judge may not increase a sentence beyond the maximum allowed for an offense based on facts not proven at trial or admitted as a part of the guilty plea. In order to challenge a death sentence on the basis of racial discrimination, a defendant must show either a discriminatory purpose in his case or a discriminatory purpose in enacting or maintaining the death penalty. Under the eighth amendment, bail must be reasonably fixed to ensure a defendant will appear at trial based on the specific facts of the crime charged and not the character of the crime. If have probable cause to believe automobile contains articles that they may be entitled to seize, may search the vehicle pursuant to lawful arrest, without warrant, or impound vehicle into police custody to search at later time. Voluntary consent of any joint occupant of a residence to search the premises jointly occupied is valid against the co-occupant, permitting evidence discovered in the search to be used against the latter at a criminal trial. A secured party may not recover a deficiency judgment if sale of the collateral was commercially unreasonable, but the debtor may recover damages for the creditor's failure to comply with legal requirements for a sale. In re Toshiba America HD DVD Marketing and Sales Practices Litigation; express warranty is not created by mere puffery; a statement about future performance may create express warranty if it is an affirmation or representation.
8's requirement of short and plain statement of the plaintiff's claim that is simple, concise, and direct; on information and belief. Withrow; When a party has signaled consent to the magistrate judge's authority to hear a case through actions rather than words, there is little value in strict insistence on an express consent requirement. Sanderson Plumbing Products, Inc; A discrimination plaintiff's case may be sufficient to submit to the jury if consists of a prima facie case of discrimination and sufficient evidence that defendant's proffered explanation was merely a pretext. Koenig; Just as questions from the bench can provide insight that helps lawyers make a stronger case, so too can questions from the jury help lawyers tailor their presentations; motion in limine. MGM Grand Hotel, Inc; Where the jury is still available, a district court's decision to resubmit an inconsistent verdict for clarification is within its discretion; comparative negligence; contributory negligence. Walker; The elements of a Rule 60(d) cause of action include (1) a judgment that, in equity and good conscience, ought not be enforced; (2) a good defense to the cause of action on which the judgment is founded; (3) fraud, accident. Hallock; Collateral order requirements (1) conclusively determine the disputed question, (2) resolve an important issue completely separate from the merits of the action, and (3) be effectively unreviewable on appeal; collateral order doctrine. Sturgell; The rule against nonparty preclusion is subject only to certain recognized exceptions: (1) a nonparty may agree to be bound by a judgment, (2) certain substantive relationships..; virtual representation; virtual representation doctrin National Equipment Rental, Ltd. Szukhent; a contractually designated agent's prompt acceptance and transmittal to named defendants of a summons and complaint, pursuant to authorization contained in the contract, constitutes adequate service. Praxair, Inc; Under Federal Rule of Procedure 15(c), an amendment that changes the party against whom a claim is asserted relates back to the date of the original pleading under certain limited conditions such as related companies. Kroger; plaintiff in diversity case cannot rely on ancillary jurisdiction to permit amendment to complaint to bring claim against non-diverse third-party defendant; complete diversity; diversity jurisdiction. Russell; Time limits for filing a notice of appeal are jurisdictional in nature, and the untimely filing of notice, even if filed in reliance on a district court order, deprives the court of appeals of jurisdiction; equitable; habeas corpus. American Brands, Inc; An appeal as of right may be taken from interlocutory orders of federal district courts granting, continuing, modifying, refusing, or dissolving injunction; consent decree; interlocutory. TREX, Inc; Interlocutory appeals are within court's discretion, and will be granted only when court certifies that each ruling presented for appeal involves a controlling question of law as to which there is substantial difference of opinion. ACLU; statute that suppresses a substantial amount of protected speech is unconstitutional if less restrictive alternatives exist to further the governmental objective; content-based restriction; preliminary injunction. Du Pont Advance Fiber Sys; Under Federal Rule of Civil Procedure 11, a complaint must not be presented for an improper purpose, such as to harass or to cause unnecessary delay or cost of litigation; contain claims warranted by existing law. Paragon Group, Inc; A defendant's claims against a plaintiff must be asserted as a counterclaim if arise out of the transaction or occurrence and do not require the presence of third parties over whom the court lacks jurisdiction. Blue Cross and Blue Shield of Kansas, Inc; The burden of proving that a challenged discovery request is relevant is on the party who makes the request, while proving that the request is unduly burdensome rests with the party making the objection. Target Corp; Spoliation is the destruction or material alteration of evidence or the failure to preserve property for another\'s use as evidence in pending or reasonably foreseeable litigation; mitigation-of-damages doctrine. West LB AG; A court may shift the cost of restoring and searching for relevant information in an electronic form when the party who converts the data into an inaccessible format should have reasonably anticipated a need to produce that data. Harris; When opposing parties tell two different stories, and one is blatantly contradicted by the record so that no reasonable jury could believe it, a court should not adopt that version for purposes of ruling on a motion for summary judgment. PV Holding Corp; When determining a party's domicile, the controlling factors are the party's actual place of residence and the real intention of remaining there as disclosed by the party's entire course of conduct. Derderian; The Multiparty, Multiforum Trial Jurisdiction Act (MMTJA) requires federal courts to abstain when substantial majorities of all plaintiffs and of the principal defendants are residents of a single state. Tenet Healthsystem Memorial Medical Center, Inc; The Class Action Fairness Act (CAFA) creates a narrow exception to federal jurisdiction and allows the discretionary remand of purely local actions. Professional ethics; ethics lawyer; lawyer ethics; legal ethics issues; attorney substance abuse and drug addiction; attorney ethics violation; ABA Model Rules of Professional Conduct; lawyer legal ethics; Mandatory Continuing Legal Education. Warrantless arrest permitted even for a misdemeanor or infraction punishable only by a fine; if an officer has probable cause to believe that a person has committed a very minor criminal offense, the officer may arrest that person without a warrant.
Marshall; bankruptcy judges are not constitutionally vested with jurisdiction to decide state common law claims against an entity that is not otherwise part of the bankruptcy proceedings; Northern Pipeline; Norberg. Ickes; the border search doctrine is not subject to a First Amendment exception; the government's interest in preventing the entry of unwanted persons and effects is at its zenith at the international border Employee handbooks; employee manual; human resources; anti-fraternization policy; workplace romance; non-fraternization policy; anti-fraternization policies; employee rights; dating a coworker; coworker relationships; employment lawyer. Private Securities Litigation Reform Act; the allegations in the complaint, taken together, must give rise to an inference of scienter, which requires that the defendant made false statements, knowing that they were false. Makor Issues & Rights, Ltd.; Private Securities Litigation Reform Act survives motion to dismiss only if reasonable person would deem inference of scienter cogent and at least as compelling as any opposing inference; scienter. Criminal defendant due process rights are violated if the prosecutor charges defendant with a more serious crime after defendant exercises statutory right to challenge conviction for less serious offense arising from the same conduct. a criminal defendant in federal court is not entitled to a dismissal of the indictment because the prosecutor failed to present to the grand jury substantial exculpatory evidence. no need for severance exists until a defendant makes a convincing showing that he has both important testimony to give concerning one count and a strong need to refrain from testifying on the other. A bank or other institution that receives a check for deposit has a duty to exercise due care to make sure that the depositor is the intended recipient of the funds.