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00000c1967d33b674666
ALJ need not accept the opinion of any physician, including a treating physician, if that opinion is brief, conelusory, and inadequately supported by clinical findings.” Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir.2002). Dr. Caillouette’s 1998 statements regarding Lingenfelter’s disability status are brief, concluso...
00001c8f08364c358415
prosecutor nor the judge informed McWilliams of the maximum penalty before he entered his guilty plea. Judge Schroeder also relies on the fact that McWilliams bargained for and received probation. Awareness of the sentence promised under a plea bargain, however, does not constitute awareness of the consequences of the ...
0000332906c9588ba062
deceive. The Court stated that Martin admitted that he was aware of the guaranties. The Bankruptcy Court found that this admission meant that Martin did not omit the guaranties from the Financial Statement as an oversight; rather, he made a conscious decision to leave them off. The Bankruptcy Court found this conscious...
000048c895f6000e842b
666, 667 (1986). We too might countenance a similar security requirement by the district court were this simply a matter between attorney and client. This is not such a matter. As Judge Wood accurately pointed out, recognition of the state law rights asserted by appellants as to the fixing of the amount of security wou...
00005efd873cb5430971
law. In order to establish attorney dereliction as cause, a petitioner must meet the standards for showing constitutionally ineffective assistance of counsel. See, e.g., Edwards v. Carpenter, 529 U.S. 446, 451, 120 S.Ct. 1587, 146 L.Ed.2d 518 (2000); Murray v. Carrier, 477 U.S. at 488-89, 106 S.Ct. 2639. A defendant in...
0000605370daff7f8d51
S.Rep. No. 1263, 90th Cong., 2d Sess. reprinted in 1968 U.S.Code & Ad.News 2530. . We wish to emphasize that our finding that a de novo hearing is required is based not on any provision of the Administrative Procedure Act, 5 U.S.C. § 706, but on the provisions of 12 U.S.C. § 1464(d)(6)(A). The Supreme Court has stated ...
000063fbda56bea6dd03
motion to dismiss the petition, from which order'Blair has taken this appeal. Blair’s contention is that he is unlawfully deprived of his liberty because: (1) The indictment was insufficient; (2) the court was without jurisdiction, for the reasons (a) that the judgment and sentence pronounced were beyond the power of t...
0000730c478ad1c4e592
MEMORANDUM OPINION AND ORDER JOHNSTONE, Senior District Judge. This is a prisoner civil rights action filed under 42 U.S.C. § 1983 and the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb-l (RFRA). Ronald Phipps, plaintiff, moved for a preliminary injunction seeking to (1) compel defendants to provide outd...
000077929af4d1ac27e0
General’s representatives have advised us that the State has no intention of appealing the LeFors decision. As noted, these circumstances are relied on for the suggestion of mootness by the defendants. We are unable to agree that we should dismiss the appeals of Longstreth and Mo-sier for mootness. These plaintiffs’ co...
000085124bcfefc038eb
467, 62 L.Ed.2d 388 (1979); Romeo Community-Schools v. HEW, 600 F.2d 581 (6th Cir. 1979). Each of these courts has noted that neither the plain language of Title IX nor the legislative history support HEW’s contention that Congress intended that the statute reach employment discrimination. See, e. g., Islesboro, supra,...
0000b145dea8fa96982e
the statute and Rowley, so does the EAH-CA. . As the district court correctly observed, the question whether Section 504 imposes affirmative obligations on the states is logically antecedent to the question of whether such obligations are enforceable by an implied right of action. 516 F.Supp. at 984. If such obligation...
0000b8819c6e50f4b3a7
to authorize him, in lieu of granting the mistrial, to advise the then sitting jury that the first jury hearing appellant’s case “stood II to 1” for conviction. I think it is obvious that if such a statement had been authorized and made, we would have summarily reversed the case. We have established a very high standar...
0000ce2981b7f4e1389c
Bridal or May. STANDARD OF REVIEW Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment is proper “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a...
0000f492cf2e9793dbbb
an employer from engaging in racial harassment that creates a hostile or offensive working environment. Patterson v. McLean Credit Union, 491 U.S. 164, 180, 109 S.Ct. 2363, 2374, 105 L.Ed.2d 132 (1989); Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 65, 106 S.Ct. 2399, 2404, 91 L.Ed.2d 49 (1986); Daniels, 937 F.2d at 1...
0001257d936703719a95
estate) in a greater number of circumstances because the claims do not have to be transactionally related. In re Solis, 137 B.R. 121, 125 (Bankr.S.D.N.Y.1992); U.S. v. McPeck, 910 F.2d 509, 512-13 (8th Cir.1990). Because the Service has two allowed claims in Debtor’s case, there is no question that the United States’ h...
00014e335abe20ec2255
took place. It was at this time that perfection of the lien became effective as to third parties, i.e., at the time of recordation. This second transfer was for or on account of an antecedent debt unless otherwise protected. That is the effect of section 547(e). Section 547(e) defines the date of the transfer and serve...
000159871d4860024e09
acting as debtors-in-possession. The court denied the Fursmans’ motion by order entered on March 31, 2010, finding that the trustee’s avoiding power under § 549 was not affected by the conversion of their case. On March 29, 2010, the Defendants filed a timely Notice of Appeal (“NOA”), which was not signed by Thompson. ...
00016560d32ee68b38a9
in cases involving single-employer plans, the policy encouraging employers to establish welfare benefit plans is served by permitting trustees of multi-employer plans to amend such plans without fiduciary considerations. Id. at 213 (citations omitted). Relying on Pope, the district court held that the trustees’ decisio...
00017541fcb9e24ec58b
is obvious that it was the intent of the Congress to give to landlords an absolute right to damages accruing to them, through the rejection of the lease, the claim being limited, however, to a year’s rental. See Cincinnati Underwriters Agency Co. v. Emery Memorial (C.C.A.6, 1937) 88 F.(2d) 506, 33 A.B.R.(N.S.) 663. The...
000179057838fb30697f
issue of material fact with respect to general causation. 2. Adequacy of the Motrin Label Next, Defendants argue that the Motrin warning label, which was approved by the FDA, is presumptively adequate pursuant to section 82.007 of the Texas Civil Practice and Remedies Code. Next, they anticipate Plaintiffs’ argument th...
00017e187add65c0bb1e
494 (2010), did not overrule framework applying Johnson factors). The Debtor’s arguments at Trial in support of her attorney’s fees related to the following three Johnson factors: (1) the novelty and complexity of the issues; (2) the results obtained, and (3) the skill required. Many of the other Johnson factors are ir...
000182c58933af08ba02
whether Centech was entitled to an award of some portion of its bid and proposal preparation costs due to its reliance on the retracted Policy Memorandum. Id. at 577. DISCUSSION I. Pursuant to 28 U.S.C. § 1491(b)(1), the Court of Federal Claims has “jurisdiction to render judgment on an action by an interested party ob...
00018b265b7de460a4e8
of the case, not as a broad general proposition.” Id. The relevant inquiry to determine whether a right is clearly established is to ask whether it would be “ ‘sufficiently clear that a reasonable officer would understand that what he is doing violates that right.’ ” Wilson v. Layne, 526 U.S. 603, 615, 119 S.Ct. 1692, ...
0001a9370dfb8a1b0596
this case, we conclude that there is an evidentiary basis for the instruction and that there is no prejudice to the appellant because of it. Further the trial judge left it up to the jury to determine guilt or innocence as a question of fact. The appellant’s second challenge to the court’s instructions to the jury rela...
0001c329157f6a5888d0
question of who may bring an action challenging alleged unlawful activity, and ripeness addresses the question of when such an action may be brought. Roshan v. Smith, 615 F.Supp. 901 (D.C.D.C.1985). 4. Standing and ripeness issues may merge into a determination of whether plaintiffs have alleged a sufficiently signific...
0001ce21b2a69dd2145e
as factual background, not as an allegation of harassment or retaliation. . Christiansburg involved a fee award in a Title VII case, but the Supreme Court has subsequently held that the same standard applies to § 1988 fee requests by prevailing defendants. See Hughes v. Rowe, 449 U.S. 5, 14, 101 S.Ct. 173, 66 L.Ed.2d 1...
0001d89ade4ca3fa2a72
if we might reach a contrary result in deciding the case de novo. Sturgis Newport Bus. Forms, Inc. v. NLRB, supra, 536 F.2d at 1256, and cases cited therein. The ALJ concluded that in conversing with its employees, Delco was guilty of coercive interrogation, requesting employees to campaign against the Union, and threa...
0001df676aa6925a95c5
in Sup. at 6 (“The record indicates that SEPTA chose not to contract with Amtrak Commuter Services to operate SEPTA trains due to the fact that SEPTA could not financially afford” to so contract): (In fact, just months earlier, the SEPTA Board had decided precisely the opposite: that SEPTA had little choice but to cont...
0001f10c6b931b036a98
distinction. (Au thorities noted). By its inaction, the Authority, and through it the State has not only made itself a party to the refusal of service, but has elected to place its power, property and prestige behind the admitted discrimination. The State has so far insinuated itself into a position of interdependence ...
0001f80f950917789266
things) whether he had signed the petition and even whether he was one of the petitioners in the case. (Tr. at 90-95). Because this is a civil matter, adverse inferences can be drawn from Leventhal’s assertions of the privilege. Baxter v. Palmigiano, 425 U.S. 308, 318, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976); In re High F...
0001fbd5062067cbc986
rejected appellants’ FCA claims that they based on violations of the AKS, finding that appellants failed to allege that United Health certified compliance with the AKS and also failed to allege that the Government predicated its funding decisions on such a certification. Finally, the Court declined to exercise suppleme...
00020d62cbf97fe5bd30
carrier” is a person who provides motor vehicle transportation for compensation. 49 U.S.C. § 13102(12). Generally, the Secretary has jurisdiction over motor carriers that transport passengers “between a place in a State and a place in another State.” 49 U.S.C. § 10521(a)(1)(A). However, the R.I.C.A., 49 U.S.C. §§ 10101...
0002323bdeb106d1bde6
the entire evidence is left with the definite and firm conviction that a mistake has been committed.’ ” Anderson v. City of Bessemer City, 470 U.S. at 573, 105 S.Ct. at 1511 (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948)). In this case, the district court’s...
000232b8946e4309b46a
the court. In addition to the four specifications of error above named appellants’ counsel contends that the conviction of each appellant was in violation of the Sixth Amendment because “defense counsel failed to make a voir dire examination of the panels of jurors.” That contention is easily disposed of as the record ...
00025e431e9ffb402988
We disagree. The “source of the semen” exception in Fed.R.Evid. 412(b)(2)(A) is designed to permit evidence of sexual behavior which would tend to show that another individual was the donor of the semen found. The sexual behavior, however, must have occurred within a reasonable time of the alleged rape. See United Stat...
000262fa978adce5e994
to “pay to the Treasurer of the United States a Cashier’s Check in the sum of $640.64.” The principal contention of error urged for reversal is the court’s denial of appellant’s demand for a jury trial. This contention of course is of relevance and significance only on the question of the 'court’s right, in the face of...
0002638449b11d78b19d
on a Changing Court: A Model For a Newer Equal Protection, 86 Harv.L.Rev. 1, 8 (1972). In sharp contrast, however, the Warren Court greatly expanded the territories appropriate for so-called “strict scrutiny.” Thus, where a classification was based on “suspect” criteria or impacted upon a “fundamental” interest, the le...
00027d3bbbe774aa038e
1282 (9th Cir.1992), and no more than just presence, id., a mere presence or mere proximity instruction should be given. Here, the district court correctly refused to give the “mere proximity” or “mere presence” instruction. Medrano engaged in affirmative conduct showing his intent to possess the contraband and the gov...
00028a43cf8a090936df
process and eighth amendment claims, their first amendment claim remains tenable. The Supreme Court recently agreed to review Jones v. Diamond, 636 F.2d 1364 (5th Cir. 1981) which, inter alia, discussed the question of constitutional contact visitation rights of pre-trial detainees. Ledbetter v. Jones, - U.S.-, 101 S.C...
0002a5d19c07b3eb905f
VAN FLEET, District Judge. The petition for removal was filed by the defendant Goldy Machine Company alone, and wholly fails to disclose the fact, now sought to be shown in opposition to the motion to remand, that the defendant Tilden was a merely nominal or formal party defendant to the action; nor is that fact suffic...
0002c78477b83839243a
of the New Jersey Arbitration Act, he Is not entitled to maintain the present action, which may be maintainable where it appears that exhaustion of administrative remedies pursuant to the contract would prove to be futile, illusory or vain. Jorgensen v. Pennsylvania R. Co., supra; McKeeby v. Arthur, supra; Hoboken Mfrs...
0002cc897dde391b1f57
forty-five (45) days to perfect service on American Liberty (Doc. # 5). Plaintiffs indicated that they had sent the Complaint and the request for waiver of service of summons to American Liberty, but that this Defendant did not return an executed waiver (id). They further stated that their failure to attempt service ag...
0002d37d5921d29043aa
concluded that “the claims in Diehr were patent eligible because they improved an existing technological process,” namely curing rubber, “not because they were implemented on a computer.” Alice, 134 S.Ct. at 2358. This case is much closer to Benson than Diehr. After a review of the patent, the Court must conclude that ...
0002fc044a9a28e805f1
§ 19 (1970). Even if it were true, as it is not that this court could be' said to have “pendent jurisdiction” over this counterclaim, it would be a discretionary jurisdiction. Its exercise would be determinable by the sound discretion of the court. It has been held that pendent state law claims should not be routinely ...
00032b29400b74436041
OPINION The three issues previously stated are primarily questions of fact which have been resolved in our ultimate findings. Respondent’s case is premised on a net worth plus nondeductible expenditures approach covering the calendar years 1953 through 1960 while petitioner William G. Stratton was Governor of the State...
00034868fa5eb42a33ba
If plaintiff’s purchases of the bonds and the treasury certificates were bona fide, in the sense that it actually became the owner thereof by paying the price in cash, and what it did was not a mere bookkeeping entry for the purpose of covering up- its funds (and there seems to be no question but that the transactions ...
00036784e702b3fb1a43
MEMORANDUM, JUDGMENT & ORDER WEINSTEIN, Senior District Judge. Petitioner was convicted principally of first-degree sodomy and attempted rape. The jury was precluded by the trial court from learning that the complainant, who suffers from chronic schizophrenia, had made numerous unverified allegations of sexual assault ...
0003743b3f2c325cd4f2
liability for the shipping charge, Allis-Chalmers moved to amend its answer to assert a counterclaim for the repair bill which was the subject of the Ohio Common Pleas Court action. It should be noted that the instant motion to amend was filed before the decision of the Ohio Common Pleas Court. However, Allis-Chalmers ...
0003843efc49a7d6da8f
1325 (N.D.Ind.1991) (“[L]ike using firearms, pursuing a vehicle at speeds in excess of 90 miles per hour over winding roads at night constitutes the use of deadly force_”)• Moreover, the Supreme Court has also held that law enforcement officers’ use of deadly force during a high-speed vehicular pursuit may lead to § 19...
00038ac6572018914004
requires a complaint to “include the names of all the parties.” This rule serves more than administrative convenience. It protects the public’s legitimate interest in knowing all of the facts involved, including the identities of the parties. Doe v. Rostker, 89 F.R.D. 158, 160 (N.D.Cal.1981); Doe v. Deschamps, 64 F.R.D...
00039447dbe11ba2e87f
and told her that she would be transferred to Adjustments on January 27. According to Walker, Russell replied, “that her attorney had advised her and that she was refusing the transfer ... and that she had also amended her charge against the bank to include retaliation.” Finally, on January 24, Walker, with Cain presen...
0003a300f6b49cc33c2d
131; Beyrle, Zevalkink, and Hamilton, all supra. Thereafter, the veteran’s representative filed the VA Form 1-646, dated May 21, 1993, with its “NOTE”, quoted above. R. at 504. As discussed in part H.B.I., above, we have accepted that the representative’s statement was received by VA in late May or June 1993, and, henc...
0003bbf96e383f8b382a
but matter enormously to a young mother with school-age children, in the context of a retaliation claim where the standard for adverse action is an action that would deter victims of discrimination from complaining to the EEOC, the courts, and their employers); Hicks, 593 F.3d at 169 (listing punitive scheduling as one...
00040828de9860aa98ca
of cocaine powder that was converted and sold throughout the duration of the conspiracy. Realizing the necessarily imperfect nature of the sentencing court’s determination, we conclude that the attribution made was well within the range of that which, on the evidence before the court, was possible. Accordingly, we cann...
00040c195d97e8fcf1d6
Hospital, Inc., 112 B.R. at 257. The debtor who successfully defends an involuntary petition may obtain an award of costs and fees against the petitioners and, if a petitioner brought the petition in bad faith, the debtor may, in addition, have damages and punitive damages from it. 11 U.S.C. § 303(i). See In re Reid, 8...
000434fd50a64f10054f
by the statute was never received by Robert Scripps and clearly was not income to him. Whereas, in the instant case, the claimants paid interest owing not by them but by the Investment Company, out of trust funds held by them for the benefit of its creditors; the interest was not their debt and they did not pay it with...
000447907ede081a8801
the decision of the Court of Appeals of the District of Columbia, the last and the highest tribunal that dealt with the question. This is our starting point. Though the Court of Appeals of the District of Columbia becomes, in a patent prosecution, an appellate tribunal of the patent office, its decisions are not final....
00045b2fc508d43fb183
staff judge advocate’s review, the convening authority might well have received the erroneous impression that, even if he agreed fully with the trial judge and believed that Hannan should be eligible for parole and even if defense counsel were willing to release him from the pretrial agreement, he had no choice but to ...
00046641073f627767f7
Hoyler was not “prior art” and rely upon Helene Curtis Industries, Inc., v. Sales Affiliates, 2 Cir., 1956, 233 F.2d 148, 156, certiorari denied 352 U.S. 879, 77 S.Ct. 101, 1 L.Ed.2d 80; and East Rutherford Syringes, Inc., v. Omega Precision Medical Instrument Co., Inc., D.C.N.J.1957, 152 F.Supp. 497, 501. From the cit...
0004793dae3adabd4b2b
future session 3” a liberty which, consistently with the’. known limits of judicial duty, could never be properly assumed'. The subsequent legislation of Congress, even if it could be brought in aid of the argument, rather tends to confirm, than to impugn the interpretation which we have given to the proviso. It was no...
00048153652dfbf23ef5
Dean, 559 F.2d at 1038-39. We agree with our sister circuits that Congress did not intend that damages be awarded under the Act for pain and suffering. Slatin, 590 F.2d at 1296; Vazquez, 579 F.2d at 112; Dean, 559 F.2d at 1039-40; Rogers, 550 F.2d at 841-42. Conclusion. The cause is remanded to the district court for a...
0004e2b3616214cba762
for lack of subject matter jurisdiction de novo. See Moir v. Greater Cleveland Reg’l Transit Auth., 895 F.2d 266, 269 (6th Cir.1990). In Pak v. Reno, this Court joined the majority of circuits that have considered the issue of whether the amendments to the INA preserved access to the writ of habeas corpus under § 2241 ...
00051c9130a682abb673
Astaris are not actionable to the extent they interfere with the rights of Astaris or its creditors. However, the Complaint alleges that FMC’s failure to disclose material information caused Solutia to enter the joint venture — an injury relevant only to Solutia and pre-dating the corporation. These duties are “indepen...
00051f9488e4b461d634
that confidential communications between an attorney and his client are absolutely privileged from disclosure against the will of the client. That rule expresses the “attorney-client” privilege proper. The second rule is that information or materials assembled by or for a person in anticipation of litigation or in prep...
00053dd8dd3d437268c4
3 (1st Cir.2003). Plaintiffs’ broadest position, which falls in the latter category, is that no award was permitted because the trial was directed only to state law claims and turned on a state law issue; at the very least, say plaintiffs, the costs had to be allocated and that most concerned the ownership issue rather...
000548eb7fcd85f33bce
Estate of Freeland v. Commissioner, 393 F.2d 573, 583 (9th Cir.), cert. denied, 393 U.S. 845, 89 S.Ct. 132, 21 L.Ed.2d 117 (1968); Austin v. Commissioner, 263 F.2d 460, 461-62 (9th Cir. 1959) (decided under § 117(a)(1) of the 1939 Code, now § 1221); Los Angeles Extension Co. v. United States, 315 F.2d 1, 2-3 (9th Cir. ...
00058b5fcbc7c9551f19
even presented a witness, a forensic pathologist, to provide testimony in support of his defense. The jury was instructed “to determine whether Lloyd Tanner’s death resulted from a bullet wound inflicted on him by Robert Cook” and Cook’s counsel was on record as being satisfied with the instructions relative to his the...
00059faedd38e4566d5a
STEPHENS, Chief Judge. This is an appeal from the denial of a motion under Title 28 U.S.C. § 2255 to vacate and set aside a judgment of conviction. Eberhart, the petitioner, was convicted in the United States District Court for the Northern District of California for two violations of Title 21 U.S.C.A. § 174, concealme...
0005b37aef6a03867d58
adjudication. (3) From 1969 to the present, (a) firm adherence to the prior tradition in cases not involving postadju-dication enactment, and (b) the expression of adherence to the new presumption in postadjudication-enactment cases, but with only one case (Bradley, in 1974) where that probably produced a difference in...
0005b39b476367674234
the retained amount, no reasonably equivalent value was provided within meaning of § 548(a)(1)). Accordingly, the debtor did not receive reasonably equivalent value in exchange for incurring the obligations set forth in the promissory note. The second cause of action involves the $50,000.00 payment, which took place on...
0005b3eeefdd3217f394
or that (b) appoint receivers or refuse orders to wind up receiverships. See § 1292(a), (c)(1). In limited situations, § 1292(d)(1) grants the Federal Circuit jurisdiction over interlocutory orders from the USCIT involving a controlling question of law where there is substantial ground for difference of opinion and an ...
0005d91dc1174148ab4e
may be sued in any judicial district in which it is incorporated or licensed to do business or is doing business, and such judicial district shall be regarded as the residence of such corporation for venue purposes. There appears to be some uncertainty as to whether § 1391 supplements the specific venue provisions of t...
0005dfc71368748a4068
Further, they suggest that conviction following trial presents less hazard to them than a ;guilty plea. Here the contention is that- a verdict of guilty would require the Court in a subsequent trial to define and limit the issues which were determined in the prior criminal prosecution, Emich Motors Corp. v. General Mot...
00060c4fe51ed4033047
in 1910, the Interstate Commerce Act authorized the ICC to apply “in its own name” to the appropriate court for enforcement of its orders. Act of June 29, 1906, ch. 3591, § 5, 34 Stat. 591. In order to bring the Attor ney General’s control over ICC matters into line with his control over other governmental litigation, ...
00061d1cd372a9a209a1
-, 108 S.Ct. 2857, 101 L.Ed.2d 894 (1988). “The very purpose of § 455(a) is to promote confidence in the judiciary by avoiding even the appearance of impropriety whenever possible.” Liljeberg, 108 S.Ct. at 2205. Neither actual partiality, nor knowledge of the disqualifying circumstances on the part of the judge during ...
00062149629230b5c92f
so inclined. C. Finally, Novant argues that recognition of the privilege is supported by cases from the Fifth and Seventh Circuits. In fact, the Seventh Circuit expressly declined to recognize a medical peer review privilege in Memorial Hospital v. Shadur, 664 F.2d 1058, 1063 (7th Cir.1981) (per curiam) (rejecting the ...
0006405976cc550ff6d5
CLARK, Circuit Judge. Plaintiff Norbay Music, Inc., appeals from a summary judgment granted defendant King Records, Inc., in an action for infringement of plaintiff’s copyrighted musical composition. Plaintiff, a music publisher, copyrighted the musical composition “Slow Walk” in 1956, and on October 2, 1956, licensed ...
0006714e31500f334126
for a bad conduct discharge, confinement at hard labor for three years, forfeiture of all pay and allowances, and reduction to the grade of airman basic. The findings of guilty and the sentence, as modified, are AFFIRMED. EARLY, Chief Judge, and ARROWOOD, Judge, concur. . Article 15, Uniform Code of Military Justice, 1...
00067e02529a71f406b0
is not the succession of the New Jersey representative that is meant to be taxed. It is true that the tax is not necessarily five per cent, upon the whole New Jersey succession. The amount depends on the ratio of the New Jersey property to the entire estate wherever situated. This, however, merely affords a measure of ...
0006848e963c6faa8979
it reduced utility rates from 1987 to 1990 to compensate for excess deferred Federal income taxes. Section 1341(a) provides in pertinent part: SEC. 1341(a). In General. — If— (1) an item was included in gross income for a prior taxable year (or years) because it appeared that the taxpayer had an unrestricted right to s...
000690d4965dd7b5cdf9
503 U.S. at 141. Congress had not provided an exhaustion requirement for Bivens claims, notwithstanding the fact that it had enacted an exhaustion provision, former § 1997e(a), for § 1983 claims. Id. at 149-151. In the absence of a Congressionally mandated exhaustion requirement, the Court was faced with having to bala...
00069e2721969d58403a
absence of allegations of conduct marked by violence and imminent threats to the public order. Accordingly, appellant’s state law claim was appropriately dismissed. San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 245, 79 S.Ct. 773, 3 L.Ed.2d 775 (1959); Local No. 438, Construction & General Laborers v. Curry, 3...
0006b0ea4c173842c5dc
inspection or a subterfuge search, the focus is on the commander who ordered the urinalysis. United States v. Taylor, 41 MJ 168, 172 (CMA 1994). Thus, we focus on Lt Col Schell, who was in command at the time in question, and who planned and ordered the urinalysis. He testified unequivocally that his purpose was to end...
0006dac45019c6d603c4
that this practice continued during the 90-day period. This case, unlike In re Xonics Imaging Inc., 837 F.2d 763 (7th Cir.1988), thus is “one where the parties to a contract adopt an extra-contractual practice that becomes the ordinary course of business between them.” Id. at 767. In view of this unrebutted evidence, t...
0006f0e73c1fe59cc6d1
investment in real estate, and the “related debt” section of the spread sheet was blank. C Western Bank was examined by the TDB and the FDIC in June 1986, and the Cha ney-Bower negotiated loans caught the examiners’ attention. In September 1990, Chaney, Cummings, Bower, and Wallace were indicted for misapplication of W...
0006ff61b282f9b9e551
plainly occur regardless of whether a person reasonably believes the area the officers rummage through is private. We can see as much from the cases that apply Katz 's test. Consider California v. Greenwood , where the Court held that an officer who rifled through a suspect's garbage to find evidence of drug use did no...
000728f0c6a3ce3fa27f
procedures, including specific criteria for identifying classes of actions that typically require environmental assessments to determine whether an EIS is necessary, and classes of actions that typically require an EIS. Id. § 1507.3. The USPS’s environmental procedures specify that new construction, “including lease-co...
00079b82e66986d72163
HARRISON L. WINTER, Chief Judge: Maxine Pecker appeals from an order of the district court granting summary judgment in favor of the Secretary of the Department of Health and Human Services and the Commissioner of the Social Security Administration in her suit to enforce a decision of the Equal Employment Opportunity C...
00079ccd468a5ff5ea11
F.2d 236, 237, Judge Hand, speaking for the Circuit Court of Appeals for the Second Circuit, said: “The case was tried before. the decision of the Supreme Court in Apex Hosiery Co. v. Leader, 310 U.S. 469, 60 S.Ct. 982, 84 L.Ed. 1311, 128 A.L.R. 1044, before which it had been quite commonly supposed that the Sherman Ac...
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CLERC — Training, unified schema

A seeded sample of jhu-clsp/CLERC, made into retrieval training pairs and reshaped into the strict schema shared by every dataset in this collection. One of the 15 domain sources (code, medical, science, finance, legal) added to the collection's general sources.

Source jhu-clsp/CLERC @ ef042f8ab436
Task case paragraph → cited case
Domain · languages legal · eng
Queries / documents / qrels 50,000 / 611,660 / 50,000
Qrels per query min 1 · mean 1.0 · max 1
Score values 2 ×50,000 (2: the first positive, 1: any other)
Layout queries · corpus · qrels · hard-negatives · teacher-scores, split train
Splits corpus: train · hard-negatives: train · qrels: train · queries: train · teacher-scores: train
Hard negatives sources: dataset, dense · 5,321,535 rows
Teacher scores none yet (0 rows): jinaai/jina-reranker-v3.5 scores come next
Ids sha1(text)[:20]; identical texts collapse to one document / query
License unspecified

Schema

config columns rules
queries id: string, text: string ids unique and non-empty; every query has ≥ 1 qrel
corpus id: string, title: string, text: string title is always present ("" when the source has none)
qrels query-id: string, corpus-id: string, score: int32 referential integrity to both tables; no duplicate pairs; no floats
hard-negatives query-id: string, corpus-id: string, rank: int32, source: string one row per negative; (query-id, corpus-id, source) unique; never a labelled positive of the same query
teacher-scores query-id: string, corpus-id: string, teacher: string, score: float32 one row per scored pair (positives included); a row means scored — never a placeholder

Files are Parquet, sorted by id, zstd-compressed, sharded at 500 MB. Every rule above is checked before publishing; provenance.json records the source revision, what changed, and the output file hashes.

What changed from the source

  • sampled: a seeded random sample (seed 1) of up to 50,000 pairs, streamed through a shuffle buffer of 20,000
  • reshaped: the case paragraph (query, REDACTED replaced by a space) is the query, the passages of the case it cites the documents (with their titles)
  • negatives the source provides: up to 15 of the row's negative passages (hard-negatives source = dataset)
  • decontaminated (exact): a pair was dropped when its normalised query equals any evaluation query, or a positive equals a document of a test or dev corpus; a repeated query keeps its first pair
  • decontaminated (near-duplicates): 0 passages and 0 queries that nearly copy a text of an evaluation set (word 13-grams for passages, 8-grams for queries; at least half shared with one text of the 23 test corpora (BEIR, RTEB, LitSearch) and the 3 dev corpora) were removed, and with them 0 queries in total
  • text: leading and trailing whitespace stripped; otherwise as converted above
  • ids re-keyed to sha1(text)[:20]: 6 documents and 0 queries collapsed into identical texts
  • added a title column filled with "" (the source has none)

Hard negatives and teacher scores

Filled by the collection's annotation pipeline (annotation=jina35). Interim: the candidates are final, the teacher scores are still to come.

  • Candidates: dense retrieval with jinaai/jina-embeddings-v5-text-small over this corpus to depth 1,000; 100 candidates per query drawn from the rank windows 1–30 (30), 31–100 (30), 101–300 (20), 301–1000 (20), the query's labelled positives excluded. rank is the dense rank; source is dense for a mined row and dataset for a negative the source labels itself.
  • Teacher scores: none yet. teacher-scores holds 0 rows until the jinaai/jina-reranker-v3.5 scores (listwise, as in the other repositories) are filled in; datasets cannot return a 0-example split, so read that file with pyarrow / pandas meanwhile. The candidates stay.
configs queries hard negatives teacher scores
hard-negatives · teacher-scores 50,000 (all) 5,321,535 (342,420 dataset, 4,979,115 dense) 0

Load it

from datasets import load_dataset
queries   = load_dataset("Hyukkyu/train-clerc", "queries", split="train")
corpus    = load_dataset("Hyukkyu/train-clerc", "corpus", split="train")
qrels     = load_dataset("Hyukkyu/train-clerc", "qrels", split="train")
negatives = load_dataset("Hyukkyu/train-clerc", "hard-negatives", split="train")
scores    = load_dataset("Hyukkyu/train-clerc", "teacher-scores", split="train")

License and attribution

The data is redistributed under the source's terms — unspecified. All credit belongs to the original authors; see the source repository (https://huggingface.co/datasets/jhu-clsp/CLERC). This repository is an independent repackaging.

No license declared upstream. The source repository states no redistribution terms. This copy is published for the reproducibility of our training data only; check with the original authors before any other use.

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