3489	state governments hostile to duly enacted federal laws would be able to frustrate the implementation of [federal] laws by bringing (or allowing to be brought) civil or criminal actions in state court against the federal officials responsible for their implementation.
3209	is to make a preliminary assessment of evidence, and probabilities, not an ultimate resolution of difficult issues
4647	have the power ‘to expunge a record of a valid arrest and conviction solely for equitable considerations.’ 
3568	[A]n individual defendant is stripped of qualified immunity only if he personally violated a plaintiffs constitutional rights.
3508	has arisen out of the acts done by [the defendant] under color of federal authority and in enforcement of federal law.
2066	not whether the police had probable cause to act, but instead whether the actions taken were reasonable under the circumstances.
1844	We did not extend them [the baseball decisions] to boxing or the theatre because we believed that the volume of interstate business in each — the rationale of Federal Base Ball — was such that both activities were within the Act.
1198	[W]e must first be satisfied the court exercised its discretion by considering the relevant factors
1291	strong and compelling reasons to the contrary.
948	punishable for a term of imprisonment exceeding one year.
3655	A reading of the entire [Wage] Act clearly shows that the purpose of the Act is to assist employees in seeking redress for an employer’s wrongful withholding of employee benefits
2614	even if there exists [sic] questions of individual compliance with the [California] statute of limitations, they are not sufficient, on balance, to negate the predominance of the common issues.
4121	"the False Claims Act encompasses claims that make fraudulent misrepresentations, which include certain misleading omissions."" Id. at 1999. The relators contend that by submitting claims for reimbursement to FEMA, the Contractors were impliedly certifying that they were in compliance with the LP gas regulations—which, in the relators’ view, was inherently misleading. We will not address this argument because it was presented for the first time in the relators’ Reply Brief. We have said that appellants “cannot raise new issues in a reply brief; [they] can only respond to arguments raised for the first time in the appellee’s brief."
4704	a district court must confine its consideration to facts stated on the face of the complaint, in documents appended to the complaint or incorporated in the complaint by reference, and to matters of which judicial notice may be taken.
230	 *- * * Donee and creditor beneficiaries differ only with respect to the factual situations to which they apply; that is, the donee beneficiary contract embraces the situation in which the relationship between the promisee and beneficiary is that of donor-donee, i. e., the performance received by the beneficiary from the promisor is in the nature of a gift. The creditor beneficiary contract embraces the situation in which the relationship* between the promisee and the beneficiary is that of debtor and creditor, i. e., the performance is received by the beneficiary from the promisor' in satisfaction of‘an actual or supposed obligation owed to him by the promisee. • See Restatement of Contracts, Section 133.
1068	 ‘an important or substantial governmental interest ... [that was] unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms [was] no greater than is essential to the furtherance of that interest.’ 
2899	[i]t is fundamental that the burden of proof * * * rests upon the party who, as determined by the pleadings or the nature of the case, asserts the affirmative of an issue
1351	an account of the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentations.
4358	[a]n order remanding a case to the State court from which it was removed is not renewable on appeal or otherwise .... 
147	to warn a known potential victim of a known danger
1581	[w]hen an activity is arguably subject to § 7 or § 8 of the [NLRA], the States as well as the federal courts must defer to the exclusive competence of the [NLRB].
2783	Issues raised in a brief that are not supported by argument are deemed abandoned.
597	elements of both a legislative policy determination and an adjudicative resolution of disputed facts.
2719	separation of issues is not the usual course that should be followed.
1405	a very high degree of deference to administrative adjudications by the NLRB.
2753	is limited to whether the appeal involves legal points arguable on their merits (and therefore not frivolous).
4880	established safeguards of the Anglo-American legal system [which] leave the veracity of a witness to be tested by cross-examination, and the credibility of his testimony to be determined by a properly instructed jury,
4951	no magic formula or catechism for conducting claim construction,
4207	Attorney’s fee determinations ... are ‘collateral to the main cause of action’ and ‘uniquely separable from the cause of action to be proved at trial.’
2574	maliciously, unreasonably, without probable cause, or even on the basis of false testimony or evidence.
719	As the term ‘public policy1 is vague, there must be found definite indications in the law of the sovereignty to justify the invalidation of a contract as contrary to that policy.
1834	is extremely deferential: ‘administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.’ 
2822	An applicant who demonstrates that [s]he was the subject of past persecution is presumed to have a well-founded fear of persecution.
3619	only when an improper evi-dentiary ruling affected the defendant’s substantial rights or had more than a slight influence on the verdict.
3210	a court which issues an injunction retains jurisdiction to modify the terms of the injunction if a change in circumstances so requires
2735	the potential to affect the outcome of the suit under the applicable law.
1222	[O]nly where an initial pleading reveals a ground for removal will the defendant be bound to file a notice of removal within 30 days. Where, however, such details are obscured or omitted, or indeed misstated, that circumstance makes the case stated by the initial pleading not removable, and the defendant will have 30 days from the revelation of grounds for removal .... to file its notice of removal.
4727	The Department of Labor interprets the motor carrier exemption to apply to drivers, driver’s helpers, loaders, or mechanics whose work directly affects the safety of operation of vehicles on the public highways in transportation in interstate or foreign commerce within the meaning of the MCA.
1585	labor case [falls] within the concurrent jurisdiction of the NLRB and the federal courts.
252	accept as true all allegations in the complaint and draw all reasonable inferences in favor of the non-moving party.
2169	deferentially, according substantial respect to the trial court’s informed discretion,
2771	embraces all documents and communications relating to the subject matter of the opinion. ...
3178	an objectively unreasonable application of’ that law. Id. When the federal court holds an evidentiary hearing, the additional evidence is relevant, but deference to the State court’s decision is still due. “Where a district court elects, in instances not barred by § 2254(e)(2), to hold an eviden-tiary hearing, the hearing may assist the district court in ascertaining whether the state court reached an unreasonable determination under either § 2254(d)(1) or (d)(2).
4237	Where the patent owner has ample resources to bear the costs of repeated litigation, the power of the infringement suit to stifle competition is increased. And where potential competitors are weak and few, it may afford a practically complete protection for the preservation of undeserved monopoly.
3471	Amounts distributed in complete liquidation of a corporation shall be treated as in full payment in exchange for the stock * * *. The gain or loss to the distributee resulting from such exchange shall be determined under section 111, but shall be recognized only to the extent provided in section 112. Despite the provisions of section'117(a), 100 per centum of the gain so recognized shall be taken into account in computing net income. * * *
1313	more closely than an ordinary amendment.
3035	if, but only if, we are left with the definite and firm conviction that the district court committed a clear error of judgment in weighing the § 3553(a) factors by arriving at a sentence that lies outside the range of reasonable sentences dictated by the facts of the case.
3729	[A]n ‘offer to sell’ made within the United States that contemplates a ‘sale’ of goods outside of the United States is not within the permissible scope of liability for 35 U.S.C. § 271(a). No direct infringement can be found solely premised on an “offer to sell
2689	there is no duty on the part of the secured party to object to the confirmation of the [Chapter 13] plan, and failure to do so does not somehow constitute a waiver of the party’s secured claim
4322	The ‘validity of an arbitration agreement is generally governed by the Federal Arbitration Act.’ 
1504	 * * * it would indeed have been wrong to permit cross-examination on the score of homosexuality merely to discredit [a witness’] character * * *.
3908	A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.
2366	As a general matter, attorneys’ fees are not available in admiralty cases unless the court determines in its equitable discretion that one party has acted in bad faith.
1794	that ‘the concept of equivalency cannot embrace a structure that is specifically excluded from the scope of the claims.’ 
4979	must be plausible on its face, meaning that the plaintiff must have pled ‘factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.’ 
2475	The mere existence of a statute, which may or may not ever be applied to plaintiffs, is not sufficient to create a controversy within the meaning of Article III.
143	some relationship between the governmental employee[s] and the plaintiff to which state law would attach a duty of care in purely private circumstances.
4674	enough facts to state a claim to relief that is plausible on its face.
975	The creation of a trust by the taxpayer as the channel for the application of the income to the discharge of his obligation leaves the nature of the transaction unaltered.
1903	[T]he trial judge correctly found that ‘trade name’ used in the contract meant ‘trademark.’ 
2296	The district court sits as an appellate court when an appeal is taken from the bankruptcy court.
4632	As to materiality, the substantive law will identify which facts are material
3961	If the employer meets its burden of production, the presumption dissolves.
210	Contested issues of material fact, and any ambiguity or uncertainty in the controlling state law, are -resolved in the plaintiffs favor.
4720	employees, engaged in interstate commerce.
4642	 ‘provides relief from the consequences of a conviction when a defense or discharge arises subsequent to entry of the final judgment. The defense or discharge must be a legal defect in the conviction, or in the sentence which taints the conviction.’ 
4132	it is well settled that a landowner has a duty to exercise reasonable care in maintaining his own property in a reasonably safe condition under the circumstances. The nature and scope of that duty and the persons to whom it is owed require consideration of the likelihood of injury to another from a dangerous condition on the property, the seriousness of the potential injury, the burden of avoiding the risk and the foreseeability of a potential plaintiffs presence on the property.
1703	induced SG Cowen ... to transfer Rozsa’s funds.... 
1974	general searches ... impossible and prevents the seizure of one thing under a warrant describing another.
2797	Under Utah law, [plaintiffs] must suffer some substantial injury or damage not inflicted on the community at large in order to recover on a public nuisance theory.
1295	a pattern of conduct apparently intended to delay trial
4175	an arrest, an investigatory stop or any other type of seizure.
3576	the law of lex loci does not deal with remedies.
2285	[wjhen information is transmitted to an attorney with the intent that the information will be transmitted to a third party ... such information is not confidential.
3751	relief [be] granted to the plaintiff.
2179	The legitimate goals of litigation are almost always attained in the courtroom, not in the media.
1213	In light of the congressional intent to restrict federal court jurisdiction, as well as the importance of preserving the independence of state governments, federal courts construe the removal statute narrowly, resolving any doubts against removability.
1926	[w]here a court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every court.
2012	a significant diagnostic feature of PTSD requires that the sufficiency of the stressor be clinically established
1590	[An] end run around [the NLRA] ... under the guise of contract interpretation ... cannot be countenanced, and we have drawn the jurisdictional line by asking whether the major issues to be decided ... can be characterized as primarily representational or primarily contractual.
3848	validity depends on proof of secondary meaning, unless the unregistered or contestable mark is inherently distinctive.
101	[T]he Attorney General acts in his presumptively Art. II capacity when he administers the [INA].... That kind of Executive action is always subject to check by the terms of the legislation that authorized it; and if that authority is exceeded it is open to judicial review.
941	[d]rugs distributed by a co-conspirator in furtherance of a conspiracy are attributable to a member of the conspiracy so long as the distribution was ‘reasonably foreseeable’ to that member.
4726	The drivers are full-time drivers of motor vehicles well within the definition of that class of work by the Commission if the work is done in interstate commerce.
937	knowledge derived from previous professional experience,
193	a plaintiffs choice of forum should not be disturbed unless the reasons for transfer are clear and cogent.
3457	a defendant has a due process right to be sentenced on the basis of accurate information.
4494	the court must consider the pleadings and affidavits in a light most favorable to the plaintiff.... To defeat such a motion, [the plaintiff] need only make a prima facie showing of jurisdiction.
2608	 ‘capable of mathematical or formula calculation,’ 
4411	Put another way, a fact is to be considered material if there is a substantial likelihood that a reasonable person would con- sider it important in deciding whether to buy or sell shares of stock.
3634	[J]erking the door from [a victim], cornering [her] in the back hallway and grabbing her dress [lightly] is sufficient restraint and bodily impact to constitute physical force.
4689	lacks the statutory or constitutional power to adjudicate it.
2593	[I]f the writings contain material variations, emanate from several sources, or do not actually reach the subject investors, they are no more valid a basis for a class action than dissimilar oral representations.
2759	We expressly distinguish between departures from the guidelines and variances from the guidelines.
1281	voluntary dismissals assist rather than interfere with the goals of Chapter 11,
4995	Law of the case is an amorphous concept. As most commonly defined, the doctrine posits that when a court decides upon a rule of law, that decision should continue to govern the same issues in subsequent stages in the same case. Law of the case directs a court’s discretion, it does not limit the tribunal’s power.
2006	[i]f the diagnosis is not in accordance with the manual [DSM], it ‘is not acceptable for rating purposes’ and must be returned to the examiner
398	[A] case is moot when ... the parties lack a legally cognizable interest in the outcome.
4172	[G]overn ment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
2919	that there is reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.
575	Had the contract referred to a ‘will’ rather than to ‘assignments,’ and had Mr. Steele undertaken to ‘devise and bequeath’ an interest in his property to the deceased (sic) rather than to ‘assign’ such interest to her, the argument now under consideration could not have been seriously advanced; and to attach controlling importance to the particular words used would be, in this instance, to elevate form over substance, which should not be done.
2612	[T]he time from which the statute of limitations begins to run is not the time at which a plaintiff becomes aware of all of the various aspects of the alleged fraud, but rather the statute runs from the time at which plaintiff should have discovered the general fraudulent scheme.
2748	sufficiently controversial to merit cross-examination.
2998	responds to the high degree of discretion characteristically possessed by land-use boards in softening the strictures of the general regulations they administer.
4836	The Commerce Clause permits ... only incidental regulation of interstate commerce by the States; direct regulation is prohibited.
135	law enforcement agents have a mandatory duty to enforce the law, decisions as to how best to fulfill this duty are protected by the discretionary function exception to the FTCA
159	in either case ... the plaintiff must show that the federal officials acted or conspired to act under color of state law; it is not enough that they simply acted in concert with state officials to deprive plaintiff of a constitutional right
942	[d]rugs distributed by a co-conspirator in furtherance of a conspiracy are attributable to a member of the conspiracy so long as the distribution was ‘reasonably foreseeable’ to that member.
89	some ‘threatened or actual injury resulting from the putatively illegal action.’ 
2185	counsel’s records ... [should] provide a proper basis for determining how much time was spent on particular claims
1597	the representation question at issue.
3578	Punitive damages can be allowed only where compensatory damages have been awarded.
2982	[t]his policy of lenity means that the Court will not interpret a federal criminal statute so as to increase the penalty that it places on an individual when such an interpretation can be based on no more than a guess as to what Congress intended.
3182	would have been futile in light of existing state law and the right was not clearly established under federal law
399	[U]nless there is some ambiguity in the language of a statute, a court’s analysis must end with the statute’s plain language.
4012	the knowledge requirement of section 271(c) limited an alleged contributory infringer’s liability to sales made after it received a letter from the patent holder informing it of the existence of the patent.
3930	may not create a factual issue by filing an affidavit, after a motion for summary judgment has been made, which contradicts [his] earlier deposition.
4847	so well off that child support payments amount to unneeded surplus funds.
312	clearly meets the Act’s definition of a subdivision as lots offered for sale as part of a common promotional plan
3862	in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission .... after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.
4518	[o]n remand, the district court may consider dismissal of Sheriff Arpaio in his official capacity because ‘an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity.’ 
2180	time spent talking with the media is not compensable because it is not ‘ordinarily necessary to secure the final result obtained from the litigation’ 
4587	A construction of the federal statute which permitted a state immunity defense to have controlling effect would transmute a basic guarantee into an illusory promise; and the supremacy clause of the Constitution insures that the proper construction may be enforced
4881	to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
449	must look to actualities and must treat substance as prevailing over form,
2643	drawn from a pool of persons broadly representative of the community
3718	[T]he accused infringer must prove by clear and convincing evidence that the applicant knew of the reference, knew that it was material, and made a deliberate decision to withhold it.
2465	Absent specific facts establishing distinct and palpable injuries fairly traceable to [the defendants’ conduct]
2348	such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
1176	the general principles governing approval of class action settlements
846	a plaintiffs mark is his authentic seal; by it he vouches for the goods which bear it;' it carries his name for good or ill. If another uses it, he borrows the owner’s reputation, whose quality no longer lies within his own control. This is an injury, even though the borrower does not tarnish it, or divert any sales by its use... 
254	facts stated on the face of the complaint, in documents appended to the complaint or incorporated in the complaint by reference.
4128	Under the FTCA, the liability of the United States for the negligence acts of its agents is governed by the law of the state in which the alleged negligence occurred.
2927	a taxable gift is made at the time that a binding obligation to make future payments is incurred.
2082	words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.
52	The presumption is rebutted only upon a showing that the sentence does not account for a factor that should receive significant weight, it gives significant weight to an irrelevant or improper factor, or it represents a clear error of judgment in balancing sentencing factors.
4174	[tjaken in the light most favorable to the party asserting the injury, do the facts alleged show the officer’s conduct violated a constitutional right?
2757	[tjhere must be an ‘error’ that is ‘plain’ and that ‘affect[s] substantial rights.’ 
4220	[E]ven where some substantial justification for retroactivity is presented, courts should be reluctant to find such authority absent an express statutory grant.
1002	something beyond and different from mere error in the law or failure on the part of the arbitrators to understand or apply the law
4962	puts the burden of precise claim drafting squarely on the applicant.
1065	 ‘It is not the habit of the court to decide questions of a constitutional nature unless absolutely necessary to a decision of a case.’ 
4807	became so attenuated as to dissipate the taint.
1975	the language of a warrant is to be construed in light of an illustrative list of seizable items.
543	Interestingly, both United States citizens and aliens alike, charged with the commission of crimes on Guantanamo Bay [in Cuba], are prosecuted under United States laws.
3307	that the sentence is unreasonable when measured against the § 3553(a) factors.
1591	a dispute is so primarily representational, that it falls solely within the Board’s jurisdiction
4701	not nudged [his or her] claims across the line from conceivable to plausible, the[] complaint must be dismissed.
4988	mere knowledge of the fraudulent or illegal actions of another is also not enough to show a conspiracy.
3661	reasonable means of effectuating the statutory purpose, and there is substantial evidence in the record supporting the agency’s conclusions, the court will not impose its own views as to the sufficiency of the agency’s investigation or question the agency’s methodology.
3654	sets forth a mechanism for nongovernmental employees of the State of Illinois to recover the payment of wages due from their employers
1232	[p]ost-removal filings may not be considered, however, when or to the extent that they present new causes of action or theories not raised in the controlling petition filed in state court.
4675	enough facts to state a claim to relief that is plausible on its face.
3818	the burden of proving that [a] film is unprotected expression must rest on the censor,
4429	knowledge of facts or access to information contradicting their public statements.
4584	First, the plaintiff has the burden of proving by [a] preponderancé of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant ‘to articulate some legitimate, nondiscriminatory reason for the [treatment].’ 
4386	Under Illinois law, irreparable harm has been presumed in cases where a former insider lures customers away through a competing businesses.
1600	It is unnecessary for us to resolve whether or not the CBAs were terminated [before the alleged breach] because ... the existence of a contract is not a jurisdictional element of a section 301 claim.
134	there is an exercise of discretion, that exercise is based on considerations of public policy.
1519	the employer’s proportionate share of the plan’s ‘unfunded benefits,’ calculated as the difference between the present value of the vested benefits and the current value of the plan’s assets.
1346	may not consider any material beyond the pleadings.
778	Our cases consistently have expressed a deep reluctance to interpret a statutory provision so as to render superfluous other provisions in the same enactment
1548	the political processes ... are not equally open to participation by ... [a protected minority] ... in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice
297	[c]ross-motions for summary judgment will not, in themselves, warrant the court in granting summary judgment unless one of the parties is entitled to judgment as a matter of law on facts that are not genuinely disputed.
303	should be construed not technically, but flexibly to effectuate its remedial purposes.
1586	[F]ederal courts have independent jurisdiction to decide cases alleging the breach of collective bargaining agreements, even though that very breach may also be an unfair labor practice.
3753	against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.
4495	 ‘demonstrate facts which support a finding of jurisdiction....’
2188	 ‘[wjhere it would be an exercise in futility.’ 
2141	It is clear to us, as it was to the District Judge, that in view of the prior art only a narrow range of equivalents is permitted to fall within the scope of the claims in suit. The essence of the invention lies in the precise retaining means and in their positioning. The defendant has not appropriated such retaining means and has not similarly positioned those it has employed so there is no room for the expansion of the claims by construction to bring the defendant’s means within their ambit, by the application of the doctrine of equivalency
4230	would seem to be plain and obvious that no court of justice can in its nature be made the handmaid of iniquity.
1601	It is unnecessary for us to resolve whether or not the CBAs were terminated [before the alleged breach] because ... the existence of a contract is not a jurisdictional element of a section 301 claim.
4785	No instance is known of the use of writ of quo warranto in a district court of the United States other than the District Court of the District of Columbia.
406	The plain meaning of § 1154 is that after the fiscal year has ended on September 30, no diversity visas may be issued nunc pro tunc based on the results of the previous fiscal year’s visa lottery.
4403	(1) specify the statements that the plaintiff contends were fraudulent, (2) identify the speaker, (3) state where and when the statements were made, and (4) explain why the statements were fraudulent.
2594	[I]f the writings contain material variations, emanate from several sources, or do not actually reach the subject investors, they are no more valid a basis for a class action than dissimilar oral representations.
2487	there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.
1403	interfered with, restraints], or coerced employees in the exercise
2402	(1) ... is a member of the protected class (i.e., over 40 years of age); (2) ... was qualified for the position for ’which [he] applied; (3) ... was not hired; and (4) ’... was disadvantaged in favor of a younger person.
1073	upon which the enforcement of the constitutional rights of the citizen depend.
2192	in order to try [their] successful claims, [plaintiffs] would have had to try the entire case, including evidence relevant to the unsuccessful [malicious prosecution] claim[ ].
4679	[Establishing one’s domicile in a state generally requires both physical presence there and intent to stay.
111	the negligent or wrongful act or omission
3094	Unless Jackson presently is mentally ill, ... he may not be committed to an institution. The propensity for danger is not enough. Mental institutions exist for the benefit of those who can be helped by care and treatment or who require custodial attention. They are not substitutes for prisons.
4989	The basic guidelines for the trier of fact must be: (a) whether ‘the average person, applying contemporary community standards’ would find that the work, taken as a whole, appeals to the prurient interest ... (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
2201	the recognized principle that even small damage awards may mean a substantial victory for ‘a policy that Congress considered of the highest importance.’ 
1579	Summary judgment will be granted when ‘there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.’ 
3766	to the matters specified in the settlement agreement, rather than the original complaint.
1230	Because jurisdiction is determined as of the instant of removal, a post-removal affidavit or stipulation is no more effective than a post-removal amendment of the complaint.
1111	when it is apparent, based on ‘the face of a complaint, and documents relied upon in the complaint,’ that certain of a party’s claims ‘are subject to an enforceable arbitration clause, a motion to compel arbitra tion should' be considered under a Rule 12(b)(6) standard without discovery’s delay.’ 
4422	Disclosure is not a rite of confession or exercise in common law pleading.
3437	the evidence presented at trial in the light most favorable to the prosecution.
4762	right to ‘present to the jury a picture of the events relied upon,’ 
3783	content-based regulations treated as content-neutral
536	When it desires to do so, Congress knows how to place the high seas within the jurisdictional reach of a statute.
1375	it is very unusual for a court to prohibit the taking of a deposition altogether absent extraordinary circumstances
1007	implied promise ... so interwoven into the contract as to be necessary for effectuation of the purposes of the contract.
1124	Without some discovery, albeit limited to the narrow issue of the estimated costs of arbitration and the claimant’s ability to pay, it is not clear how a claimant could present information on the costs of arbitration as required by Green Tree and how the defendant could meet its burden to rebut the claimant’s allegation that she cannot afford to share the cost.
4749	the initial focus must be on the state of the law at the time the legislation was enacted. More precisely, we must examine Congress’ perception of the law that it was shaping or reshaping.
3919	with due regard not only for the rights of persons asserting claims and defenses that are adequately based in fact ... but also for the rights of persons opposing such claims and defenses.
4665	The Sixth Amendment takes hold when the investigation gives way to a prosecution.... 
2184	 ‘a full and specific accounting of the tasks performed’ 
1208	a matter of legislative grace
4208	never intended to produce windfalls to attorneys
1214	Removal jurisdiction is strictly construed inasmuch as it implicates significant federalism concerns and abridges the deference courts generally give to a plaintiffs choice of forum.
641	According to the weight of authority a stipulation of the parties extending the time to plead to the complaint or declaration does not extend the period in which a petition for removal can be made. And a majority of the courts also hold that the reference in the federal statute to the rule of the state court as to time to answer or plead relates, not to special orders granted upon application or stipulations of parties in any given case, but rather to a general rule fixing the date at which all defendants are required to appear in order to avoid being held in default
2466	Absent specific facts establishing distinct and palpable injuries fairly traceable to [the defendants’ conduct]
2118	the * * * [court] may make a declaration with respect to such initial qualification.
3760	matters that were litigated or could have been litigated in an earlier suit,
191	unless the balance is strongly in favor of the defendants, the plaintiffs choice should rarely be disturbed.
2510	[Evidence extrinsic to the patent and prosecution history, such as expert testimony, cannot be relied on to change the meaning of the claims when that meaning is made clear by those documents.
4170	In much the same way that a court is not required to scour the record in search of evidence to defeat a motion for summary judgment, nor is it permitted to conduct a paper trial on the merits of [the] claim.
3183	would have been futile in light of existing state law and the right was not clearly established under federal law
4410	a substantial likelihood that disclosure of the omitted fact would have been viewed by the reasonable investor as having significantly altered the ‘total mix’ of information made available.
4624	that reasonable jurists could debate whether (or, for that matter, agree that) the peti tion should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further.
4831	testimony of vocational experts who can indicate what work, if any, the claimant is capable of performing.
4984	[A] class will not be certified unless the named plaintiff has standing at that time.
2634	For over four score years it has been federal statutory law, 18 Stat. 336, 8 U.S.C. § 44 (1875); 18 U.S.C. § 243 (1948), and the law of this Court as applied to the States through the Equal Protection Clause of the Fourteenth Amendment, that a conviction cannot stand if it is based on an indictment of a grand jury or the verdict of a petit jury from which Negroes were excluded by reason of their race. Strauder v. [State of] West Virginia, 100 U.S. 303, 25 L.Ed. 664 (1880) ; see also Pierre v. State of Louisiana, 306 U.S. 354, 59 S.Ct. 536, 83 L.Ed. 757 (1939).
711	Although the Griffith case involved a tort action, subsequent cases have extended the same rationale and approach to contract cases involving a choice of law question.
1096	It is sufficient for purposes of due process that the suit was based on a contract which had substantial connection with that State.
3054	the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
3392	* * * To bring a case within the statute, a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff’s cause of action. * * * The right or immunity must be such that it will be supported if the Constitution or laws of the United States are given one construction or effect, and defeated if they receive another. * * * A genuine and present controversy, not merely a possible or conjectural one, must exist with reference thereto * * * 
2049	"Villa Marina II""). No one of these factors is determinative. Moses H. Cone, 460 U.S. at 16, 103 S.Ct. at 937; Colorado River, 424 U.S. at 818, 96 S.Ct. at 1247. These factors should not be mechanically applied; rather, they require a balancing based on the facts of each case. Moses H. Cone, 460 U.S. at 16, 103 S.Ct. at 937; Irizarry Pérez v. Mitsubishi Motors Corp., 758. F.Supp. 100, 101 (D.P.R.1991). The balance, however, should be “heavily weighted in favor of the exercise of jurisdiction."
775	specifies the court in which the petition must be brought.
2760	We expressly distinguish between departures from the guidelines and variances from the guidelines.
107	accept as true the well-pleaded factual allegations of the complaint, draw all reasonable inferences therefrom in the plaintiffs favor and determine whether the complaint, so read, sets forth facts sufficient to justify recovery on any cognizable theory.
155	of the Federal Government and its officers are at least facially exempt from [the] proscriptions
4325	rigorously enforce agreements to arbitrate
4496	 ‘demonstrate facts which support a finding of jurisdiction....’
3490	those whose federal activity may be inhibited by state court actions to remove to the presumably less biased forum of federal court.
1584	When [conduct allegedly subject to the NLRA] also constitutes a breach of a collective-bargaining agreement, the [NLRB’s] authority ‘is not exclusive and does not destroy the jurisdiction of the courts in suits under § 301 [of the LMRA].’ 
4227	standing to seek redress for injuries done to them, but may not seek redress for injuries done to others.
4990	The basic guidelines for the trier of fact must be: (a) whether ‘the average person, applying contemporary community standards’ would find that the work, taken as a whole, appeals to the prurient interest ... (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
4773	would surely prejudice almost any jury, no matter how conscientious
4878	 ‘heard’ on the papers
3550	Because qualified immunity presents a pure question of law which we review de novo, any decision by the district court would be entitled to no deference.
4400	not to weigh the evidence that might be presented at a trial but merely to determine whether the complaint itself is legally sufficient.
3398	The district courts shall have original jurisdiction of all civil actions wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs, and arises under the Constitution, laws or treaties of the United States.
3610	only if the preliminary injunction is found to have been improvidently or erroneously issued, that is, where the court did not hold a proper hearing or failed to make the factual determinations mandated by Part V of the Boys Markets opinion or where the court erroneously issued a preliminary injunction over a labor dispute not covered by the contract grievance-arbitration provision.
2204	However, the reasonable costs that can be awarded ... are only those related to plaintiffs’ successful claims.
1264	can only be calculated through intelligent guesswork,
3951	there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
295	The applicable Rule 56 standard is not affected by the filing of cross-motions for summary judgment.
1976	the language of a warrant is to be construed in light of an illustrative list of seizable items.
4875	carefully balance the policy favoring adjudication on the merits with ... the need to maintain institutional integrity and the desirability of deterring future misconduct.
3966	Bath responds that the appropriate inquiry should be whether the employer acted on a good faith belief that the employee engaged in gross misconduct. The court leans toward the test proposed by Bath....
2213	as long as an employee satisfies, or will be able to satisfy, the eligibility requirements of the early retirement benefit in effect prior to the amendment, § 204(g) protects the benefit.
3715	may treat such a document as part of the complaint, and thus may assume that its contents are true for purposes of a motion to dismiss under Rule 12(b)(6).
4335	[t]he primary concern is with the substantive terms of the settlement: Basic to this is the need to compare the terms of the compromise with the likely rewards of litigation
3730	ordinarily requires the claimant to prove the relevant geographic and product markets and to demonstrate the effects of the restraint within those markets.
4362	some courts have applied section 28(1) [of the Restatement (Second) of Judgments] to ‘[a] District Court’s jurisdictional findings incident to remand’ because remand orders are wholly unappealable as a matter of law under 28 U.S.C. § 1447(d).
3042	This language gives district courts discretion to decide what factors ought to be considered, as well as the duty to allocate costs according to those factors.
2219	It is for the trial court, upon consideration of an entire transaction, to determine the factual category in which a particular transaction belongs.
2810	a single claimant’s choice of forum is a sufficient interest to warrant the dissolution of an injunction
3534	dampen[ing] the ardour of all but the most resolute, or the most irresponsible.
1365	A party invoking the federal court’s jurisdiction has the burden of proving the actual-existence of subject matter jurisdiction.
2165	However, the fact that [plaintiffs] were the prevailing parties does not mean that they can recover for all the time spent in this litigation.
3859	[r]everse confusion occurs when a larger, more powerful company uses the trademark of a smaller, less powerful senior owner and thereby causes likely confusion as to the source of the senior user’s goods or services.
4171	[N]either the mere existence of some alleged factual dispute between the parties nor the existence of some metaphysical doubt as to the material facts is sufficient to defeat a motion for summary judgment.
3725	injury to the market or to competition in general, not merely injury to individuals or individual firms.
932	the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.
4715	When a motion for summary judgment is properly supported by documents or other evidentiary materials, thé party opposing summary judgment may not merely rest on the allegations or denials of his pleading....
3497	‘The validity of the defence [sic] authorized to be made is a distinct subject. It involves wholly different inquiries---- It has no connection whatever with the question of jurisdiction.’ 
4856	moderate restrictions of his capacity to concentrate, interact with the public, and carry out detailed work instructions
1527	[S]tatutory language must always be read in its proper context 'In ascertaining the plain meaning of [a] statute, the court must look to the particular statutory language at issue, as well as the language and design of the statute as a whole.’ 
1704	Whether an account is general or specific depends upon the mutual intent of the parties.
735	notwithstanding any act, omission or thing which might otherwise operate as a legal or equitable discharge of the Guarantor.
1868	overstate[d] the degree of uncertainty required for reasonable doubt.
1406	acted arbitrarily or otherwise erred in applying established law to the facts of the case.
1310	would not minimize duplicative claims, would encourage opportunistic behavior, and would have a negligible impact on desirable whistle-blowing.
158	an otherwise private person acts ‘under color of state law when engaged in a conspiracy with state officials
3724	the patentee’s act of impermissibly broadening the physical or temporal scope of the patent grant with anticompetitive effect.
2803	that, where there was only a single claim, there was no need for the adoption of the peculiar and exclusive jurisdiction of the admiralty court; and that an answer setting up the limitation of liability would give the shipowner the relief to which he is entitled
3528	(1) whether the act involves ad hoc decisionmaking, or the formulation of policy; (2) whether the act applies to a few individuals, or to the public at large; (3) whether the act is formally legislative in character; and (4) whether it bears all the hallmarks of traditional legislation.
2949	Was the defense counsel’s representation within the range of competence demanded of attorneys in criminal cases?
2618	 ‘in disregard of a risk known to [them] or so obvious that [they] must be taken to have been aware of it, and so great as to make it highly probable that harm would follow.’ 
4324	parties must clearly express their intent to exclude categories of claims from their arbitration agreement.
2502	abused its discretion, committed an error of law, or seriously misjudged the evidence.
4288	another shall be issued and served...
1768	[A] guilty plea is an admission of all the elements of a formal criminal charge.
4135	Recovery for noneconomic losses such as pain and suffering and loss of enjoyment of life rests on ‘the legal fiction that money damages can compensate for a victim’s injury.’ We accept this fiction, knowing that although money will neither ease the pain nor restore the victim’s abilities, this device is as close as the law can come in its effort to right the wrong.
2870	seeing through eyes that are neither accusatory nor criminally investigatory.
4198	[W]e begin as we do in any exercise of statutory construction with the text of the provision in question, and move on, as need be, to the structure and purpose of the Act in which it occurs.
893	And isn’t her whole performance concerning this matter indicative of the fact that she’s trying to protect Butler, not to frame him, but to protect him?
1687	it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
708	the choice of law rules of the forum state [determine] which state’s law will be applied.
4459	A decision is final if it ‘ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’ 
257	[T]he core purpose of § 1983 is ‘to provide compensatory relief to those deprived of their federal rights by state actors.’
4729	[i]n determining whether an employee’s activities ... are de minimis, it is important to focus on ‘the character of the activities rather'than the proportion of either the employee’s time or of his activities.’ 
3363	the ancestral Grotrians candidly adopted the name Steinweg for the sole purpose of exploiting the Steinweg name in exporting pianos to English-speaking countries.
4137	When determining a pain and suffering award, it is appropriate for the Court to review awards in comparable cases.
307	exemptions from remedial statutes such as the Act are to be narrowly construed
4507	traditional notions of fair play and substantial justice.
4009	lack of clarity concerning whether the required intent must be merely to induce the specific acts [of infringement] or additionally to cause an infringement.
3545	[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.
3762	If the instant claims arise ‘out of the same nucleus of operative fact/ or are ‘based on the same factual predicate’ as the claims in [prior] court suits, then the causes of action are the same for res judicata purposes.
4492	intent to defraud, knowledge of the falsity or a reckless disregard for the truth.
4599	[A] voluntary governmental cessation of possibly wrongful conduct [may be treated] with some solicitude.
2171	 ‘never required that [district] courts set forth hour-by-hour analyses of fee requests.’ 
1990	[A] plausible claim, one which is meritorious on its own or capable of substantiation. Such a claim need not be conclusive but only possible to satisfy the initial burden of [section 5107(a) ].
2000	does not create a statutory presumption that a combat veteran’s alleged disease or injury is service-connected
3952	there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.
1898	The record made in the Patent and Trademark Office is admitted in evidence, but the factfinding of that office is not conclusive, nor is the court’s consideration limited to that record.
3416	is so highly prejudicial as to be incurable by the trial court’s admonition.
4978	actions for contribution against settling defendants are neither necessary nor permitted,
4796	impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification,
4716	[t]he role of the court is not to resolve disputed issues of fact but to assess whether there are any factual issues to be tried.
1678	(d) The sentence originally imposed, with a view to increasing its severity, unless such sentence is less than the mandatory sentence fixed by law for the offense or offenses upon which a conviction has been had. “And no court-martial, in any proceedings on revision, shall reconsider its finding or sentence in any particular in which a return of the record of trial for such reconsideration is hereinbefore prohibited, (June 4, 1920, c. 227, sub-chapter II, § 1, 41 Stat. 795.)
3627	Physical force ‘means violent force — that is, force capable of causing physical pain or injury to another person.’ 
3755	1) whether the issues are fit for judicial decision and 2) the hardship to the parties of withholding court consideration.
1566	articulate a legitimate, nondiscriminatory reason for its actions.
2723	apparently reflecte ] the adoption of a new policy in Changle City,
4168	[a] party who bears the burden of proof on a particular issue .may not rest on its pleadings, but must affirmatively demonstrate, by specific factual allegations, that there is a genuine issue of material fact that requires trial.
2471	At the summary judgment stage the party invoking federal jurisdiction must have at least alleged specific facts that, taken as true, demonstrate the party suffered an injury in fact, that is one which is ‘(a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical.’ 
2835	[b]efore any of these disclosures, however, the defense must be given an opportunity to depose the plaintiff fully as to [her] injuries, their effects and [her] present disabilities.
4383	[t]hey would be voidable at the whim of the employee.
992	when the district court’s answers rest not on plain meaning but on differential findings by a trier of fact, derived from extrinsic evidence as to the parties’ intent with regard to an uncertain contract provision, appellate review proceeds under the clearly erroneous standard.
3883	The moving party is ‘entitled to a judgment as a matter of law1 [if] the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.
1852	proof, statement, establishment, or allowance
4592	desire to cause the chilling effect was a but-for cause of the defendant’s action.
4126	Congress has given limited consent to suit in the FTCA, which does not create new causes of action, but only waives immunity under circumstances that would create liability ‘in the same manner and to the same extent as a private individual under like circumstances.’ 
1326	in order to arrive at ‘projected disposable income,’ one simply takes the calculation mandated by § 1325(b)(2) and does the math.
2038	[a] remand is meant to entail a critical examination of the justification of the decision
267	necessary to the finding of probable cause.
4779	Only rarely — and in extraordinarily compelling circumstances — will we, from the vista of a cold appellate record, reverse a district court’s on-the-spot judgment concerning the relative weighing of probative value and unfair effect.
1028	to increase the likelihood that the mediation services will have sufficient time to intervene. The method Congress chose to serve this purpose was to assign to one party, the initiating party, a fixed and definite responsibility for notifying the mediation services.
1122	calling for the severance of invalid provisions.
4973	Explicit arguments made during prosecution to overcome prior art can lead to a narrow claim interpretation because ‘[t]he public has a right to rely on such definitive statements made during prosecution.’ 
4416	Although the underlying philosophy of federal securities regulation is that of full disclosure, there is no duty to disclose information to one who reasonably should be aware of it.
4013	the knowledge requirement of section 271(c) limited an alleged contributory infringer’s liability to sales made after it received a letter from the patent holder informing it of the existence of the patent.
1978	the unguided discretion of the officers executing the warrant the decision as to what items may be seized,
1722	federal direction behind the spill or Defendant's purported negligence in its response to the spill.
4563	[A] funding recipient can be said to have ‘intentionally ácted in clear violation of Title IX,’ when the violation is caused by official policy.
807	manifests an appalling degree of irresponsibility.
309	The language of the Act is meant to be read broadly to effectuate
4130	negligence is defined as conduct which falls ‘below that of a reasonably prudent person under similar circumstances judged at the time of the conduct at issue.’ Thus, a plaintiff who asserts a negligence claim against the United States pursuant to the FTCA ‘must prove by a preponderance of the evidence that: (1) the Government owed a duty to [him or her]; (2) the Government breached that duty by its negligent conduct; and (3) as a result of that breach, plaintiff suffered injury.’
4178	police officer’s use of force is unconstitutional if, judging from the totality of circumstances at the time of the arrest, the officer used greater force than was reasonably necessary to make the arrest.
570	The question as to whether an ambiguity exists in a contract is to be determined by the court as a matter of law. 17 C.J.S. Contracts § 617; Whiting Stoker Company v. Chicago Stoker Company, 7 Cir., 171 F.2d 248; Golden Gate Bridge & Highway District of California v. United States, 9 Cir., 125 F.2d 872.
4107	Forum selection clauses are presumptively valid and enforceable unless the plaintiff makes a ‘strong showing’ that enforcement would be unfair or unreasonable under the circumstances.
1322	the existence of contributory negligence is a question of fact for the jury’s consideration unless reasonable minds could reach but a single conclusion from the established facts with all reasonable inferences favoring the plaintiff.
4506	traditional notions of fair play and substantial justice.
4786	* * * the federal courts, * * * have not the right to exercise the quo warranto jurisdiction * * *.
4603	blanket injunctions to obey the law are disfavored.
1120	It is well established that arbitration is merely a choice of dispute resolution and does not infringe upon statutory protections.
3065	the decision to sit idly by and allow the summary judgment proponent to configure the record is likely to prove fraught with conse quence.
3536	Moreover, because ‘[t]he entitlement is an immunity from suit rather than a mere defense to liability,’ we repeatedly have stressed the importance of resolving immunity questions at the earliest possible stage in litigation.
4235	Where the patent owner has ample resources to bear the costs of repeated litigation, the power of the infringement suit to stifle competition is increased. And where potential competitors are weak and few, it may afford a practically complete protection for the preservation of undeserved monopoly.
108	accept as true the well-pleaded factual allegations of the complaint, draw all reasonable inferences therefrom in the plaintiffs favor and determine whether the complaint, so read, sets forth facts sufficient to justify recovery on any cognizable theory.
2172	 ‘never required that [district] courts set forth hour-by-hour analyses of fee requests.’ 
748	 ‘such a probability that prejudice will result that it [the verdict] is deemed inherently lacking in due process’ 
4320	generally [is] not susceptible to an abstract fair market valuation,
1611	properly the Government’s to interpose.
2840	No doubt a general search warrant for an entire building . . . occupied by different families or different tenants, is ordinarily null and void.
1524	if a worker has been promised a defined pension benefit upon retirement — and if he has fulfilled whatever conditions are required to obtain a vested benefit — he actually will receive it.
3404	The Judges are free to depart from precedent if they provide reasoned explanations for their departures.
1363	if none of the named plaintiffs purporting to represent a class establishes the requisite of a case or controversy with the defendants, none may seek relief on behalf of himself or any other member of the class
612	 * * * has power to review decisions of the Board of Tax Appeals as under the equity practice in which t-he whole case, both facts and law, is open for consideration in the appellate court, subject .to the longstanding rule that findings of fact are treated as presumptively correct and are accepted unless clearly wrong.
3965	a certain resonance with both traditional and modern concepts of employment law, particularly discriminatory discharge law.
4500	General jurisdiction exists when a defendant has ‘continuous and systematic contacts with the forum state sufficient to justify the state’s exercise of judicial power with respect to any and all claims.’ 
1907	that plaintiff had knowledge of defendant’s use of its marks, that plaintiff inexcusably delayed in taking action with respect thereto, and that defendant will be prejudiced by permitting plaintiff inequitably to assert its rights at this time.
3618	only when an improper evi-dentiary ruling affected the defendant’s substantial rights or had more than a slight influence on the verdict.
1372	Only a party to litigation may be compelled to give testimony pursuant to a notice of deposition.
3196	the congressional intent to preclude judicial review is ‘fairly discernible in the statutory scheme’ 
259	does not create a federal right or benefit; it simply provides a mechanism for enforcing a right or benefit established elsewhere.
4976	(1) the correction is not subject to reasonable debate based on consideration of the claim language and the specification and (2) the prosecution history does not suggest a different interpretation of the claims.
142	such matters most often comprise grist for the jury’s mill, they may be resolved on summary judgment when the facts lead ineluctably to a particular outcome
492	The issue is not whether plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support his claims.
1460	must review all issues which are reasonably raised from a liberal reading of the appellant’s substantive appeal.
4608	adequately describe' the impermissible conduct.
2516	Proof that a letter properly directed was placed in a U.S. post office mail receptacle creates a presumption that it reached its destination in the usual time and was actually received by the person to whom it was addressed.
3758	A threat that emanates from a regulation, compulsory in nature, to which the plaintiff is currently subject, is real and immediate if the possibility of enforcement is more than hypothetical.
2865	[I]t would have been impossible to discover that there was more than one basement apartment until after the rooms in the basement had been searched.
4375	abstention from the exercise of federal jurisdiction is the exception, not the rule.
4970	The prosecution history limits the interpretation of claim terms so as to exclude any interpretation that was disclaimed during prosecution. [Citations omitted.]
2182	specific information about ... the nature of the work performed,
585	Unless the opposing party will be prejudiced, leave to amend should generally be allowed.
1950	a defendant need not know the exact identity of the chemicals disposed of, but only that the chemicals have ‘the potential to be harmful to others or to the environment’
4415	not required to disclose a fact merely because a reasonable investor would very much like to know that fact.
3034	sufficient, but not greater than necessary
1934	is perfectly appropriate for a judge to take part where necessary to clarify testimony and assist the jury in understanding the evidence
2886	may constitute political activity sufficient to form the basis of persecution where petitioner[] whistle blew against corrupt government officials and he was targeted for persecution on account of that political opinion, whether actual or imputed.
1353	the plaintiff must plead facts explaining why the statement was false when it was made.
4190	Interpreting a statute is a legal issue that successive courts freely review, and hence our review is plenary.
4236	Where the patent owner has ample resources to bear the costs of repeated litigation, the power of the infringement suit to stifle competition is increased. And where potential competitors are weak and few, it may afford a practically complete protection for the preservation of undeserved monopoly.
1303	twin goals of rejecting suits which the government is capable of pursuing itself, while promoting those.which the government is not equipped to bring on its own.
2745	 ‘put forward specific, nonconclusory factual allegations’ that establish improper motive causing cognizable injury in order to survive a ... motion for ... summary judgment.
3304	review[s] factual findings for clear error and legal conclusions de novo.
4895	a municipality can be liable under § 1983 only where its policies are the ‘moving force [behind] the constitutional violation.’ 
2166	However, the fact that [plaintiffs] were the prevailing parties does not mean that they can recover for all the time spent in this litigation.
3720	If an individual who is substantively involved in the preparation or prosecution of an application fails to comply with his duty of candor, then that individual’s misconduct is chargeable to the applicant for the patent, and the applicant’s patent is held unenforceable.
2276	an ongoing and continuing threat
947	[t]o sustain a federal sentencing statute against a due process challenge, courts need only find that Congress had a rational basis for its choice of penalties.
2900	the initial burden of producing satisfactory evidence to support the contention that the debtor is not applying all of his disposable income
2001	considerably lighten[s] the burden of a veteran who seeks benefits for an allegedly service-connected disease or injury and who alleges that the disease or injury was incurred in, or aggravated by, combat service
4368	sound discretion of the federal court.
3155	The recognized practices of an industry give life to the dead words of a statute dealing with it.
4947	Such intrinsic evidence is the most significant source of the legally operative meaning of disputed claim language.
4792	was so unnecessarily suggestive and conducive to irreparable mistaken identification
2918	so infected the entire trial that the resulting conviction
1210	[o]ut of respect for the independence of state courts, and in order to control the federal docket, federal courts construe the removal statute narrowly, resolving any doubts against removability.
3114	the RLA’s mechanism for resolving minor disputes does not preempt causes of action to enforce rights that are independent of the CBA.
1489	general principles of contract law may be applied where there is no inconsistency with the Congressional purpose in enacting ERISA.
1371	broadly to encompass any matter that bears on, or that reasonably could lead to other matter that could bear on any issue that is or may be in the case.
153	a person acting under color of state law.
2039	On remand, the appellant will be free to submit additional evidence and argument
4195	The plainness or ambiguity of statutory language is determined by reference to the language itself, the specific context in which that language is used, and the broader context of the statute as a whole.
1217	may constitute an initial pleading for purposes of the federal removal statute,
4399	not to weigh the evidence that might be presented at a trial but merely to determine whether the complaint itself is legally sufficient.
305	the sale or lease of lots in a subdivision containing fewer than one hundred lots which are not exempt
3380	[w]hen the City denied the special use permit, it relied upon an ordinance which discriminated against Keys’ residents on the basis of familial status.
4889	 ‘Only rarely — and in extraordinarily compelling circumstances— will we, from the vista of a cold appellate record, reverse a district court’s on the spot judgment....
296	The applicable Rule 56 standard is not affected by the filing of cross-motions for summary judgment.
4039	[W]e presume that [the agency] has taken into account all of the evidence before [it], unless the record compellingly suggests otherwise.
2408	more than the mere possibility of misconduct,
4697	The district court in Car-iani ... assumed without any explicit analysis that the FLSA exemption issue went to the court’s jurisdiction over the controversy rather than the merits thereof.
1056	subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life and health of the mother.
2746	 ‘[ejven in cases where elusive concepts such as motive or intent are at issue ... if the non-moving party rests merely upon conclusory allegations, improbable inferences, and unsupported speculation.’ 
1175	to refrain from resolving the merits of the controversy or making a precise determination of the parties’ respective legal rights,
2368	Equity principles applicable in admiralty permit attorney fees where there is a factual finding of ‘callous disregard and indifference’ of the party against whom the fees are allowed.
3436	the evidence presented at trial in the light most favorable to the prosecution.
2542	[I]t generally does not promote the purposes of the Copyright Act to award attorney fees to a prevailing defendant when the plaintiff has advanced a reasonable, yet unsuccessful claim.
3452	Judges need not rehearse on the record all of the considerations that 18 U.S.C. § 3553(a) lists; it is enough to calculate the range accurately and explain why (if the sentence lies outside it) this defendant deserves more or less.
1380	(1) whether the deponent has unique first-hand, non-repetitive knowledge of the facts at issue in the case and (2) whether the party seeking the deposition has exhausted other less intrusive discovery methods.
1121	arbitration is to offer claimants the full scope of remedies available under Title VII.
4835	The Commerce Clause permits ... only incidental regulation of interstate commerce by the States; direct regulation is prohibited.
4692	 ‘jurisdiction must be shown affirmatively, and that showing is not made by drawing from the pleadings inferences favorable to the party asserting it,’
402	It is a fundamental canon of statutory construction that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme.
1237	notwithstanding the absence of a parent-subsidiary relationship,
1147	Similarly, when the defense requests a speedy disposition of the charges, the Government must respond to the request and either proceed immediately or show adequate cause for any further delay. A failure to respond to a request for a prompt trial or to order such a trial may justify extraordinary relief. See Petition of Provoo, D.C., 17 F.R.D. 183, 200 (1955), affirmed, 350 U.S. 857, 76 S.Ct. 101, 100 L.Ed. 761 (1955).
2016	[a]ppellant’s account of two mortar attacks ... and of a Viet Cong corpse hanging in the tree, even if true, do not portray situations where appellant was exposed to more than an ordinary stressful environment, particularly where there is no evidence that the mortar attacks’ impact areas were close to appellant or resulted in any casualties
2635	For over four score years it has been federal statutory law, 18 Stat. 336, 8 U.S.C. § 44 (1875); 18 U.S.C. § 243 (1948), and the law of this Court as applied to the States through the Equal Protection Clause of the Fourteenth Amendment, that a conviction cannot stand if it is based on an indictment of a grand jury or the verdict of a petit jury from which Negroes were excluded by reason of their race. Strauder v. [State of] West Virginia, 100 U.S. 303, 25 L.Ed. 664 (1880) ; see also Pierre v. State of Louisiana, 306 U.S. 354, 59 S.Ct. 536, 83 L.Ed. 757 (1939).
3548	is a pure question of law and the record is sufficient to review the issue.
1327	Congress has already determined the fairness of application of the means test, and a major objective of the legislation was to remove judicial discretion from the process.
547	The jurisdiction of the nation, within its own territory, is necessarily exclusive and absolute; it is susceptible of no limitation, not imposed by itself.
2995	forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.
3414	integral and natural part of the witness’s accounts of the circumstances surrounding the offenses for which the defendant was indicted
4402	A claim has facial plausibility when the plaintiff[s] plead[ ] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.
747	a juror may after verdict be queried as to information, whether documentary or oral in nature, introduced into the jury room but not put before them at trial
2197	 ‘may attempt to identify specific hours that should be eliminated, or it may simply reduce the award to account for the limited success.’ 
444	We review the district court’s grant of summary judgment de novo, applying the same legal standard used by the district court.
3846	The law of trademark protects trademark owners in the exclusive use of their marks when use by another would be likely to cause confusion.
4192	[I]t is proper to consider that Congress acts with knowledge of existing law, and that absent a clear manifestation of contrary intent, a newly-enacted or revised statute is presumed to be harmonious with existing law and its judicial construction.
4627	[A] deprivation of the right of fair warning can result not only from vague statutory language but also from an unforeseeable and retroactive judicial expansion of narrow and precise statutory language.
4430	[r]eckless conduct is, at the least, conduct which is highly unreasonable and which represents an extreme departure from the standards of ordinary care ... to the extent that the danger was either known to the defendant or so obvious that the defendant must have been aware of it.
4996	Interlocutory orders, including denials of motions to dismiss, remain open to trial court reconsideration, and do not constitute the law of the case.
3633	rule that the boilerplate charging language of [robbery] alone establishes a violent felony
1962	[a] single count is not duplicitous merely because it contains several allegations that could have been stated as separate offenses.
712	Although the Griffith case involved a tort action, subsequent cases have extended the same rationale and approach to contract cases involving a choice of law question.
3140	Section 105(a) provides the bankruptcy court broad authority to exercise its equitable powers — where necessary or appropriate — to facilitate the implementation of other Bankruptcy Code provisions.
1912	when a junior user has affixed a senior user’s mark to ‘substantially identical products directed at the same market and sold through the same outlets.’ 
2690	there is no duty on the part of the secured party to object to the confirmation of the [Chapter 13] plan, and failure to do so does not somehow constitute a waiver of the party’s secured claim
1869	such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
1902	The goodwill of the business, though unmentioned, passed with the transfer of the business.
32	Only when the jurisdictional error is ‘egregious’ will courts treat the judgment as void.
464	The mere use of the word ‘tax,’ in an act primarily designed to define and suppress crime, iá not enough to show that within the true in-tendment of the term a tax was laid. Child Labor Tax Case, ante, 20. * * * When by its very nature the imposition is a penalty, it must be so regarded. Helwig v. United States, 188 U. S. 605, 613. * * * It Lacks all the ordinary characteristics of a tax, whose primary function ‘is to provide for the support of the government,’ and clearly involves the idea of punishment for infraction of the law — the definite function of a penalty. O’Sullivan v. Felix, 233 U. S. 318, 324.
2763	Documents and testimony relating to that advice are relevant in that they are probative of the alleged infringer’s intent. They are admissible because the alleged infringer has waived the privilege as to the subject matter of the advice.
1117	embodies a strong federal policy in favor of arbitration, ... the duty to arbitrate remains one assumed by contract.
1178	which either initiates or authorizes the continuation of clearly illegal conduct.
2808	Federal courts, sitting at law, have subject matter jurisdiction to hear and resolve Jones Act claims under federal question jurisdiction, 28 U.S.C. § 1331.
1128	no equitable defense or counterclaim to support the fiction that the power of a court of equity has been invoked by a defendant to restrain the prosecution of a suit at law against him
3472	Amounts distributed in complete liquidation of a corporation shall be treated as in full payment in exchange for the stock * * *. The gain or loss to the distributee resulting from such exchange shall be determined under section 111, but shall be recognized only to the extent provided in section 112. Despite the provisions of section'117(a), 100 per centum of the gain so recognized shall be taken into account in computing net income. * * *
2200	the recognized principle that even small damage awards may mean a substantial victory for ‘a policy that Congress considered of the highest importance.’ 
3787	to analyze the constitutionality of government regulation of expressive conduct, that is, conduct that contains both ‘speech’ and ‘nonspeech’ elements.
2035	there is significant evidence in support of an appellant’s claim, the Board must provide a satisfactory explanation as to why the evidence was not in equipoise.
3779	expressive conduct within the outer perimeters of the First Amendment, though ... only marginally so.
407	The plain meaning of § 1154 is that after the fiscal year has ended on September 30, no diversity visas may be issued nunc pro tunc based on the results of the previous fiscal year’s visa lottery.
2111	unless prior to the exchange the commissioner is satisfied that the transaction does not have as one of its principal purposes the avoidance of Federal income taxes.
1255	Factual allegations must be enough to raise a right to relief above the speculative level.
1231	In analyzing the fraudulent joinder issue, the court is permitted to look beyond the pleadings to resolve this jurisdictional question.
3004	It is well settled that when there is a taking of property by eminent domain in compliance with the law, it is the owner of the property at the time of the taking who is entitled to compensation
4607	not adopted.a rule-against ‘obey the law injunctions per se.
2928	a taxable gift is made at the time that a binding obligation to make future payments is incurred.
420	that is not because the [debts] had lost their interest-bearing quality during that period.... and if, as a result of good fortune or good management, the estate proved sufficient to discharge the claims in full, interest as well as principal should be paid.
4567	jjf]ederal law governs the interpretation of contracts entered pursuant to federal law where the federal government is a party.
2062	fruit of the poisonous tree.
2631	to ‘provide conditions under which capital can be secured [to develop hydropower] while at the same time fully to protect the paramount interests of the public in its last great national resource.’ 
1605	disputes over the formation of an agreement to arbitrate
4131	The question of whether a hazard is open and obvious is normally one that goes to the [trier of fact] unless only one possible conclusion may be drawn from the undisputed facts.
2370	attorneys’ fees is discretionary in admiralty actions and in salvage cases specifically.
2208	must pay the costs incurred [by the defendant] after the making of the offer.
2401	Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.
500	is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between the parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.
3631	It is a cardinal rule in our circuit that one panel is bound by the decision of a prior panel.
4549	[I]n extending grants the United States has always retained an inherent right to sue for enforcement of the recipient’s obligation.
2096	Under the ‘fellow-officer’ rule, law enforcement officials cooperating in an investigation are entitled to rely upon each other's knowledge of facts when forming the conclusion that a suspect has committed or is committing a crime. See United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965) ... Thus, when a law enforcement officer with information amounting to probable cause directs an officer who lacks the knowledge to make the arrest, we ‘impute’ to the arresting officer the directing officer's knowledge. (citations omitted).
1321	the existence of contributory negligence is a question of fact for the jury’s consideration unless reasonable minds could reach but a single conclusion from the established facts with all reasonable inferences favoring the plaintiff.
2629	 ‘defies rationality' by ‘rendering] a statute nonsensical [and] superfluous.’ 
4553	when execution of [the] government’s, policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury.
4359	does not require the entry of a judgment final in the sense of being appealable.
2081	words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.
3500	establishing an identifiable federal interest or policy in the existence or method of warning and a significant conflict between that federal interest or policy and the operation of state law.
3690	any reasonably conceivable state of facts that could provide a rational basis for the classification.
683	Unlike in the Drybrough case, and in W. H. Weaver, 32 T.C. 411 (1959) affirmed sub nom. Bryan v. Commissioner, 281 F.2d 238 (C.A. 4, 1960), petitioner did not incur the liabilities to which the transferred securities were subject immediately prior to the transfer and solely in anticipation thereof.
4404	if an allegation regarding the statement or omission is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed.
3805	It is less clear whether a prohibition of non-overtly sexual touching between two dancers while performing, even if it included a scienter requirement, would also be constitutional; the Court has been unable to locate any case law addressing this specific question, which may implicate the suppression of protected expression.
1610	before a final disposition of his case * * Affidavit in Opposition, par. 9. Accordingly, the prosecutor adds (ibid): “It is hard to believe that defendant Karp does not suspect this and hopes to confuse a petit jury by having a co-defendant invoke the Fifth Amendment during her trial, a tactic which would fail in any event. United States v. Maloney, 262 F.2d 535 (2d Cir. 1959).
2160	does not sanction willful or negligent blindness.
3205	[T]he focal point for judicial review should be the administrative record already in existence, not some new record made initially in the reviewing court.
292	the initial burden to show the district court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial.
3895	An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.
4334	The court’s primary task is to evaluate the terms of the settlement in relation to the strength of plaintiffs’ case
4824	such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
1563	shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
1515	language is clear and unambiguous.
2301	due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of the witnesses.
1791	 ‘performs substantially the same function, in substantially the same way to obtain the same result’ as the claim limitation.
4523	It is well settled that only admissible evidence may be considered by the trial court in ruling ón a motion for summary judgment.
3732	injury to competition in the market as a whole, not merely injury to itself, as a competitor.
498	in essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues.
2206	are not properly treated as overhead éxpenses for purposes of a fee award.
4578	 ‘not ... necessary’ to obtain ‘complete relief.’
4191	Interpreting a statute is a legal issue that successive courts freely review, and hence our review is plenary.
1656	The sustained deprivation of food can be cruel and unusual punishment when it results in pain without any penological purpose.
580	In a non-jury case, this Court may not set aside a finding of fact of a trial court unless there is no substantial evidence to sustain it, unless it is against the clear weight of the evidence, or unless it was induced by an erroneous view of the law. Aetna Life Ins. Co. v. Kepler, 8 Cir., 116 F.2d 1, 4, 5; Gasifier Mfg. Co. v. General Motors Corporation, 8 Cir., 138 F.2d 197, 199; Travelers Mutual Casualty Co. v. Rector, supra [8 Cir., 138 F.2d 396]. * * * 
1450	[w]hile the description on the bill of lading is not controlling, Middle East Agency, Inc. v. The John B. Waterman, 86 F.Supp. 487, 491 (S.D.N.Y. 1949), it is important evidence of the parties’ understanding, see Standard Electrica S.A. v. Hamburg Sudamerikanische Dampfschifffahrts-Gesellschaft, 375 F.2d 943, 946 (2d Cir.), cert. denied, 389 U.S. 831, 88 S.Ct. 97, 19 L.Ed.2d 89 (1967).
4602	blanket injunctions to obey the law are disfavored.
2305	Discretion is abused when the judge does not apply the proper legal standards, does not follow the proper procedures, or bases an award on findings of fact that are clearly erroneous.
4407	public disclosure documents required by law.
4858	does not impose judicially enforced duties on either this court or the ALJ.
2093	the Supreme Court has made it increasingly clear that a lawful arrest justifies a special latitude of both search and seizure of things found on the arrestee’s person.
2286	disclosure of tax information effectively waives the privilege ‘not only to the transmitted data but also as to the details underlying that information.’ 
3364	the ancestral Grotrians candidly adopted the name Steinweg for the sole purpose of exploiting the Steinweg name in exporting pianos to English-speaking countries.
2789	both certain and great; it must be actual and not theoretical
4688	lacks the statutory or constitutional power to adjudicate it.
1158	can be established by showing ownership or dominion and control over the drugs or over the premises on which the drugs are concealed.
4648	even where a conviction has been held unlawful and vacated, expungement remains a ‘narrow, extraordinary exception,’ one ‘appropriately used only in extreme circumstances.’ 
3087	[t]he power of a federal court to hear and to determine state-law claims in non-diversity cases depends upon the presence of at least one ‘substantial’ federal claim in the law suit.
276	Monell does not provide a separate cause of action for the failure by the government to train its employees; it extends liability to a municipal organization where that organization’s failure to train, or the policies or customs that it has sanctioned, led to an independent constitutional violation.
3535	 ‘gives ample room for mistaken judgments’ by protecting ‘all but the plainly incompetent or those who knowingly violate the law.’ 
3397	Whether a case is one arising under the Constitution or a law or treaty of the United States, in the sense of the jurisdictional statute * * *» must be determined from what necessarily appears in the plaintiff’s statement of his own claim in the bill or declaration, unaided by anything alleged in anticipation of avoidance of defenses which it is thought the defendant may interpose.
3017	what the [regulation] meant before as well as after the decision giving rise to that construction.
2393	at least in the absence of distribution to juveniles or obtrusive exposure to unconsenting adults, the First and Fourteenth Amendments prohibit the State and Federal Governments from attempting wholly to suppress sexually oriented materials on the basis of their allegedly ‘obscene’ contents.
4710	[i]t is the movant’s burden to show that no genuine factual dispute exists.
2538	is the rule rather than the exception and [they] should be awarded routinely.
3970	[T]he inquiry into the propriety of an employer’s determination should be limited to the evidence which was available to the employer at the time of the employee's termination.
1126	[t]he availability of punitive damages is not relevant to the nature of the forum in which the complaint will be heard. Thus, availability of punitive damages cannot enter into a decision to compel arbitration,
4802	no ready test for determining reasonableness other than by balancing the need to search [or seize] against the invasion which the search [or seizure] entails.
2174	contemplates judicial ascertainment of ‘the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate’ as the starting point in constructing a fee award.
1307	[A] relator cannot avoid § 3730(b)(5)’s first-to-file bar by simply adding factual details or geographic locations to the essential or material elements of a fraud claim against the same defendant described in a prior complaint.
3583	we view the facts ... in the light most favorable to [him].
4752	the first three factors discussed in Cort — the language and focus of the statute, its legislative history, and its purpose — are ones traditionally relied upon in determining legislative intent
4179	balance the nature and quality of the intrusion on the individual’s Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion.
3708	If the challenge to jurisdiction is a facial attack, i.e., the defendant contends that the allegations of jurisdiction contained in the. complaint are insufficient on their face to demonstrate the existence of jurisdiction, the plaintiff is entitled to safeguards similar to those applicable when a Rule 12(b)(6) motion is made.
1694	narrow task of consummating the transaction requested.
1376	the party seeking protection bears the burden of showing specific prejudice or harm will result if no protective order is granted.
1271	!W]e review the district court’s decisions to admit or exclude evidence for abuse of discretion, although our review is plenary as to the interpretation or application of a legal standard underlying such a decision.
4350	retains jurisdiction to enforce consent decrees and settlement agreements
4598	It - is well settled that ‘a defendant’s voluntary cessation of a challenged practice does not deprive a federal court of its power to determine the legality of the practice.’ 
2602	is more straightforward than requiring an empty pleading and proof, or playing word games with nondisclosure.
4712	the nonmoving party must come forward with admissible evidence sufficient to raise a genuine issue of fact for trial in order to avoid summary judgment.
2638	When Negro representation on venire lists is not extremely disproportionate to the Negro population in the parish [county], the burden may be a heavy one.
1239	affords a great deal of discretion and flexibility to the district courts in fashioning awards of costs and fees
1224	When a case is removable, but the grounds in the initial complaint are obscured, omitted, or misstated, a defendant has thirty days from the revelation of grounds for removal to file a notice of removal.
4134	Implied assumption of the risk may exist when a plaintiff voluntarily encounters a risk emanating from a defendant’s conduct with a full understanding of the possible harm to himself and unreasonably consents to the risk under the circumstances.
3458	sufficient indicia of reliability to support its probable accuracy.
34	insurance regulation has long been recognized as an area of traditional state concern,
548	Every nation has, of natural right, entirely and exclusively, all the jurisdiction which may be rightfully exercised in the territory it occupies. If it cedes any portion of that jurisdiction to judges appointed by another nation, the limits of their power must depend on the instrument of cession.
1005	often selected for expertise in the commercial aspect of the dispute,
2901	the initial burden of producing satisfactory evidence to support the contention that the debtor is not applying all of his disposable income
3058	A ‘genuine’ issue is one that must be decided at trial because the evidence, viewed in the light most favorable to the nonmovant, would permit a rational factfinder to resolve the issue in favor of either party.
3894	An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.
426	The automatic stay is intended to give ‘the debtor a breathing spell from his creditors.’ 
2036	[a] remand is meant to entail a critical examination of the justification of the decision
4527	[t]hat burden is ‘heavy’; a case is not moot where any effective relief may be granted.
4079	similar in kind and reasonably close in time to the charge at trial
2794	new information is sufficient to show that the remaining action will ‘affect the quality of the human environment’ in a significant manner or to a significant extent not already considered.
2059	[wjhere there exists in the record medically undisputed evidence of specific impairments not included in a hypothetical question to a vocational expert, the expert’s response is not considered substantial evidence.
443	[W]e believe that Rule 4(a)(5) permits the district court’s approval of a timely motion to extend to validate a prior notice of appeal.
4581	Courts should not enjoin conduct that has not been found to violate any law.
3092	since federal question jurisdiction hinged on that [dismissed] count, and there was no complete diversity of citizenship or other cognizable basis for the assertion of subject matter jurisdiction in the district court, the pendent state law claims were properly dismissed under the rule of United Mine Workers v. Gibbs 
817	viewed in the light most favorable to the non-moving party.
2164	However, the fact that [plaintiffs] were the prevailing parties does not mean that they can recover for all the time spent in this litigation.
1514	It is axiomatic that ‘[t]he starting point in every case involving construction of a statute is the language itself.’ 
1233	[p]ost-removal filings may not be considered, however, when or to the extent that they present new causes of action or theories not raised in the controlling petition filed in state court.
1181	an inmate has no liberty interest in confinement at any particular state prison and that prison officials may effect discretionary transfers of an inmate without implicating the due process clause, even if the conditions at one prison are substantially worse than another.
4003	It is ... well settled that each element of a claim is material and essential, and that in order for a court to find infringement, the plaintiff must show the presence of every element ... in the accused device.
4652	whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.
2462	involves constitutional limitations of federal court jurisdiction.
4713	[t]o survive a [summary judgment] motion ..., [a nonmovant] need[s] to create more than a ‘metaphysical’ possibility that his allegations were correct; he need[s] to ‘come forward with specific facts 'showing that there is a genuine issue for trial,’ 
3445	manner inconsistent with acceptance of responsibility.
4886	In the last analysis, litigants are entitled to a fair trial, but not necessarily a perfect or a monochromatic one.
2103	The Railway Labor Act was passed to provide for the settlement of ‘all disputes growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions’.
1917	[S]ection 1500 was enacted to prevent ... the maintaining of two suits against the United States on the same claims and at the same time in two different courts.
2744	 ‘put forward specific, nonconclusory factual allegations’ that establish improper motive causing cognizable injury in order to survive a ... motion for ... summary judgment.
11	mak[ing] the Convention the highest law of the land.
2697	treatment provided in the Plan was consistent with 11 U.S.C. § 1325(a)(5)(B).
1737	A defendant must be able to ascertain easily the necessary facts to support his removal petition. To allow a document with less information to satisfy the statute would require the movant to 'guess’ as to an actions’ removability, thus encouraging premature, and often unwarranted, removal requests.
1229	generally evaluate a defendant’s right to remove a ease to federal court at the time the removal notice
13	courts conduct only a very limited inquiry.
3525	whether the district court correctly determined that, under the facts alleged, [CHI’s] claims were barred as a matter of law.
2025	the conduct of a thorough and contemporaneous medical examination, one which takes into account the records of prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one
2718	separation of issues is not the usual course that should be followed.
130	covered by the discretionary function exception ... for lack of subject matter jurisdiction,
2011	[w]hen an emotional injury causes physical manifestations of distress
946	[I]f a defendant fails to challenge factual matters contained in the presentence report at the time of sentencing, the defendant waives the right to contest them on appeal.
421	is not extinguished, but, for purposes of the bankruptcy proceedings, is ignored until the time the court determines whether the debtor’s assets can meet the obligation. Only upon discharge, see § 727, is the state law obligation to pay extinguished.
2181	 ‘arrangements for lectures or publications about the case’ 
4550	We believe that the fourth alternative [‘take any other action authorized by law with respect to the recipient’] expressly permits the [agency] to bring suit'to enforce the [statutory] conditions in lieu of its administrative rém-edies.
2469	is clearly erroneous and would work a manifest injustice.
3800	central to the expressive nature of the dance itself.
4682	[a] failure,to allege facts establishing jurisdiction need not prove fatal to a complaint.
2159	some nexus between the alleged response cost and an actual effort to respond to environmental contamination.
4958	as it is being transferred
2790	both certain and great; it must be actual and not theoretical
4711	[i]t is the movant’s burden to show that no genuine factual dispute exists.
1379	is sufficiently ‘high-ranking1 to invoke the deposition privilege.
1220	[a]n exception to th[e] principles [of diversity] applies when a non-diverse party is ‘fraudulently joined’ in order to defeat complete diversity
1632	The history of man is inseparable from the history of religion. And * * * since the beginning of that history many people have devoutly believed that ‘More things are wrought by prayer than this world dreams of’.
1225	[although [plaintiffs do not specify a precise dollar amount sought
2827	only if the evidence presented by the petitioner was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.
3384	Where direct evidence is used to show that a housing decision was made in violation of the statute, the burden shifting analysis is inapposite.
1583	When [conduct allegedly subject to the NLRA] also constitutes a breach of a collective-bargaining agreement, the [NLRB’s] authority ‘is not exclusive and does not destroy the jurisdiction of the courts in suits under § 301 [of the LMRA].’ 
2045	rest on considerations of ‘[w]ise judicial administration, giving regard to conservation of judicial resources and comprehensive disposition of litigation.’ 
2177	the presiding judge must ‘draw[ ] on [her] own experience and wisdom [in] deciding whether the time spent on each phase was in excess of - a reasonable amount.’ 
3173	We do not read Guice to hold that the sole means of rebutting a prima facie case is proof that racially neutral procedures have been independently adopted.
3106	the district court is free to hear evidence regarding jurisdiction and to rule on that issue prior to trial, resolving factual disputes where necessary. In such circumstances, no presumptive truthfulness attaches to plaintiffs allegations, and the existence of disputed material facts will not preclude the trial court from evaluating for itself the merits of jurisdictional claims.
4349	retains jurisdiction to enforce consent decrees and settlement agreements
2209	mandatory cost-shifting provision [is] ... triggered
827	the user must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.
4600	[A] voluntary governmental cessation of possibly wrongful conduct [may be treated] with some solicitude.
4167	However, inferences that are supported by only speculation or conjecture will not defeat a summary judgment motion.
3731	There is no requirement that [the market definition and market power] elements of the antitrust claim be pled with specificity.
4594	affirmatively stated that the, existence of probable cause is dispositive of a. retaliatory .arrest claim.
209	Contested issues of material fact, and any ambiguity or uncertainty in the controlling state law, are -resolved in the plaintiffs favor.
1459	must review all issues which are reasonably raised from a liberal reading of the appellant’s substantive appeal.
2154	to clean up hazardous waste sites and to impose the costs of such cleanup on parties responsible for the contamination.
3551	Because qualified immunity presents a pure question of law which we review de novo, any decision by the district court would be entitled to no deference.
749	 ‘such a probability that prejudice will result that it [the verdict] is deemed inherently lacking in due process’ 
4708	In determining whether summary judgment is appropriate,
2777	The proper time to assess willfulness is at the time the in-fringer received notice ... making the relevance of later developments ... questionable at best.
2003	where the law or regulation changes after a claim has been filed or reopened but before the administrative or judicial appeal process has been concluded, the version most favorable to appellant should ... apply unless Congress provided otherwise or permitted the Secretary ... to do otherwise and the Secretary did so
2613	 ‘The existence of a statute of limitations issue does not compel a finding that individual issues predominate over common ones. Given a sufficient nucleus of common questions, the presence of the individual issue of compliance with the statute of limitations has not prevented certification of class actions in securities cases.’ 
3408	no substantial influence on the outcome.
262	The purpose of § 1983 is to deter state actors from using the badge of their authority to deprive individuals of their federally guaranteed rights and to provide relief to victims if such deterrence fails.
4657	the recipient of a hopelessly vague offer should know that it was not intended to be an offer that could be made legally enforceable by being accepted.
4945	in light of the intrinsic evidence of record, including the written description, the drawings, and the prosecution history, if in evidence.
3348	a judicious balancing of the countervailing interests of protecting an individual’s use of his own name and the avoiding of confusion.
3776	vested interest in having [an ordinance overturned
4659	a reasonable person [would] have felt he or she was not at liberty to terminate the interrogation and leave,
2287	Conformation imparted to counsel without any expectation of confidentiality is not privileged.
3711	The factual, allegations of the complaint are presumed to be true, and the motion is granted only if the plaintiff fails to allege an element necessary for subject matter jurisdiction.
4723	The employer has the burden, of proving that the employee clearly falls within the terms of the exemption.
3577	Punitive damages can be allowed only where compensatory damages have been awarded.
1070	Deference to a legislative finding cannot limit judicial inquiry when First Amendment rights are at stake.
4002	It is ... well settled that each element of a claim is material and essential, and that in order for a court to find infringement, the plaintiff must show the presence of every element ... in the accused device.
1352	the plaintiff must plead facts explaining why the statement was false when it was made.
2227	that interpretation is binding ... unless an intervening decision of the state’s highest court has resolved the issue.
9	[n]ot everyone who provides investment advice to an ERISA plan is
15	a party could frustrate any agreement to arbitrate simply by the manner in which it framed its claim.
1215	Where, as here, jurisdiction is asserted by a defendant in a removal petition, it follows that the defendant has the burden of establishing that removal is proper.
4830	testimony of vocational experts who can indicate what work, if any, the claimant is capable of performing.
3413	any unfair prejudice that may have existed was mitigated by the district judge’s limiting instruction.
4963	depends on whether those terms can be given any reasonable meaning.
769	the failure to receive relief that is purely discretionary in nature.
2488	there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.
98	together with a public interest in having the legality of the practices settled, militates against a mootness conclusion.
3839	 ‘claimant ... state specific facts, not merely conclusory allegations.’ 
3064	the nonmovant must produce specific facts, in suitable evidentiary form sufficient to limn a trialworthy issue ... Failure to do so allows the summary judgment engine to operate at full throttle.
3870	grievances resolved to his satisfaction.
2330	In making his claim the inventor is at liberty to choose his own form of expression, and while the -courts may construe the same in view of the specifications and the state of the art, they may not add to or detract from the claim.
2720	separation of issues is not the usual course that should be followed.
2921	to make a substantial showing of the denial of a Constitutional right.
2242	Scandalous pleading for purposes of Rule 12(f) must ‘reflect cruelly’ upon the defendant’s moral character, use ‘repulsive language’ or ‘detract from the dignity of the court.’ 
3009	[A] use restriction on real property may constitute a ‘taking’ if not reasonably necessary to the effectuation of a substantial public purpose, [citations omitted], or perhaps if it has an unduly harsh impact upon the owner’s use of the property
999	[a] party moving to vacate an arbitration award has the burden of proof, and the showing required to avoid confirmation is very high.
92	[A] case becomes moot ‘ “when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.
1274	that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
2102	The Railway Labor Act was passed to provide for the settlement of ‘all disputes growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions’.
141	such matters most often comprise grist for the jury’s mill, they may be resolved on summary judgment when the facts lead ineluctably to a particular outcome
302	is a comprehensive statute requiring subdivision developers, unless exempt, to furnish prospective purchasers pertinent information about lots offered for sale
1308	[A]n examination of possible recovery ... aids in the determination of whether the later-filed complaint alleges a different type of wrongdoing on new and different material facts.
154	of the Federal Government and its officers are at least facially exempt from [the] proscriptions
4699	[w]hether a disputed matter concerns jurisdiction or the. merits (or occasionally both) is sometimes a close question,
757	* * * There would seem to be no other way of dealing with the subject than to submit to the common sense judgment of a jury to find whether in a given case the acts of a defendant have been honest, however mistaken, or whether they have been false and fraudulent.
385	[T]he Eighth Amendment requires increased reliability of the process by which capital punishment may be imposed.
3086	seems to clearly require dismissal without action on the merits and without any exercise of discretion if all the federal claims ... are found to be short of trial, deficient.
2653	 ‘That the words involved here are-not confusingly similar in appearance or sound we think is apparent, and unless we are to rule that the adoption of a suggestive mark by one trader precludes all other traders from employing another mark of similar sug gestiveness but entirely different in appearance and sound, applicant is entitled to registration.’ 
248	rely on mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment.
2774	courts generally construe the scope of the subject matter narrowly.
2623	statutory tie-breaker provision favoring states and municipalities over private parties.
139	violation of a federal statute by governmental actors does not create liability unless state law would impose liability on a ‘private individual under like circumstances,’ 28 U.S.C. § 2674
4591	desire to cause the chilling effect was a but-for cause of the defendant’s action.
1967	to determine whether or not the breadth of the warrant’s seizure authorization, and the corresponding acquisition of virtually all documents of four different businesses, is sustainable under the good faith exception
3886	surrender by December 15, 1990
3038	to articulate its consideration of each individual § 3553(a) factor, particularly where, as here, it is obvious the court considered many of the § 3553(a) factors
3061	admits of no room for credibility determinations, [and] no room for the measured weighing of conflicting evidence such as the trial process entails.
2800	embodies a presumption in favor of jury trials and com mon law remedies in the forum of the claimant’s choice
1998	satisfactory lay or other evidence of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service
4099	Whether a statement ... is official is normally a matter of law to be determined as an interlocutory question. However, even though testimony concerning officiality may be uncontroverted, or even stipulated, when such testimony permits conflicting inferences to be drawn, the question should generally be regarded as an issue of fact for resolution by the members.
2186	counsel’s records ... [should] provide a proper basis for determining how much time was spent on particular claims
1735	A defendant must be able to ascertain easily the necessary facts to support his removal petition. To allow a document with less information to satisfy the statute would require the movant to 'guess’ as to an actions’ removability, thus encouraging premature, and often unwarranted, removal requests.
2875	Stated differently, Rule 12(e) permits the moving party to require the other party to define the issues with as much particularity as necessary. Rule 33, on the other hand, permits the moving party to ask for proofs. Information furnished under Rule 33 may become part of the trial record: information furnished in response to a motion under Rule 12(e) becomes part of the pleadings. See American La FranceFoamite Corp. v. American Oil Company, D.C., 25 F.Supp. 386; Fried v. Warner Bros. Circuit Management Corporation, D.C., 26 F.Supp. 603.
4509	purposefully avail[ ] itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.
4971	The prosecution history limits the interpretation of claim terms so as to exclude any interpretation that was disclaimed during prosecution. [Citations omitted.]
3448	the nature and circumstances of the offense and the history and characteristics of the defendant.
170	That a statute shall not be given retroactive effect, unless such construction is required by explicit language or by necessary implication, is a rule of general application.
4387	future earnings by eroding [his] reputation and good will in the industry.
280	The tort of intentional infliction of emotional distress has four elements: (1) extreme and outrageous conduct; (2) intent to cause, or disregard of a substantial probability of causing, severe emotional distress; (3) a causal connection between the conduct and the injury; and (4) severe emotional distress.
2463	To satisfy the case or controversy requirement of Article III, which is the irreducible constitutional minimum of standing, a plaintiff must, generally speaking, demonstrate that he has suffered injury in fact, that the injury is fairly traceable to the actions of the defendant, and that the injury will likely be redressed by a favorable decision.
2573	intimately associated with the judicial phase of the criminal process.
681	We do not believe it (§ 357(b)) was intended tc require recognition of gain on bona fide transactions designed to rearrange one’s business affairs in such a manner as to minimize taxes in the future, consistent with existing provisions of the law.
1114	assume[s], without further analysis, that the [a]greement leaves the question of arbitrability to judicial determination.
2548	It is well settled that once an insurer breaches its duty to defend, the insured is free .to proceed as he sees fit ... Thus, if an insurer wrongfully refuses to defend an action against an insured, as required by the policy, the insured is entitled to settle without jeopardizing his right to coverage otherwise available to him.
1349	courts are not bound to accept as true a legal conclusion couched as a factual allegation.
1959	hazardous waste does not lose its hazardous character simply because it changes form or is combined with other substances.
4968	AquaTex chose to incorporate by reference the teachings of three United States Patents to define the scope of the term ‘fiberfill,’ these publications are highly relevant to one of ordinary skill in the art for ascertaining the breadth of the claim term.
4717	‘to isolate and dispose of factually unsupported claims.’ 
591	only if a reasonable jury, considering the evidence presented, could find for the non-moving party.
3701	enough facts to state a claim to relief that is plausible on its face.
306	when faced with an ambiguity regarding the scope of an exemption [in the ILSFDA], the court must interpret the exemption narrowly, in order to further the statute’s purpose of consumer protection.
133	if a federal statute, regulation or policy specifically prescribes a course of action for [an official] to follow, because [the official] has no rightful option but to adhere to the directive.
3313	to secure a presently contemplated presentation of evidence before the grand jury.
720	It is settled by vari ous decisions of this court that state constitutions and state laws may regulate life in many ways which [judges] as legislators might think as injudicious, or if you like as tyrannical, as this_
2908	Substantial evidence is more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
149	the potential involvement or application of any [s]tate law or regulation
2017	but may be obtained from other sources
3564	imposing personal liability on public officials could have an undue chilling effect on the exercise of their decision-making responsibilities, but ... no such pernicious consequences [are] likely to flow from the possibility of a recovery from public funds.
3176	not only erroneous, but objectively unreasonable.
3738	The provisions of this rule must be carefully interpreted to preserve the delicate balance between the sanctity of final judgments, expressed in the doctrine of res judicata, and the incessant command of the court’s conscience that justice be done in light of all the facts. In its present form, 60(b) is a response to the plaintive cries of parties who have for centuries floundered, and often succumbed, among the snares and pitfalls of the ancillary common law and equitable remedies. It is designed to remove the uncertainties and historical limitations of the ancient remedies but to preserve all of the various kinds of re lief which they offered.
4949	a patentee need not describe in the specification every conceivable and possible future embodiment of his invention
593	When an appellant fails to offer argument on an issue, that issue is abandoned.
425	rests at bottom on an awareness of the inequity that would result if, through the continuing accumulation of interest in the course of subsequent bankruptcy proceedings, obligations bearing relatively high rates of interest were permitted to absorb the assets of a bankrupt estate whose funds were already inadequate to pay the principal of the debts owed by the estate
4176	right to make an arrest.. .necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it.
256	Section 1983 imposes liability on anyone who, under color of state law, deprives a person of any rights, privileges, or immunities secured by the Constitution
4330	inherent in compromise is a yielding of absolutes and an abandoning of highest hopes
301	[t]he underlying purpose of the [ILSFDA] is to insure that a buyer, prior to purchasing certain kinds of real estate, is informed of facts which will enable him to make an informed decision about purchasing the property.
2009	It is a settled principle of tort law that when a defendant’s wrongful act causes injury, he is fully liable for the resulting damage even though the injured plaintiff had a preexisting condition that made the consequences of the wrongful act more severe than they would have been for a normal victim.
3614	it is unnecessary to imply an employer’s duty to preserve the status quo from the existence of a promise to arbitrate.
1841	 * * * able, as a group, to exclude actual or potential competition from the field
538	assume that Congress legislates against the backdrop of the presumption against extraterritoriality.
976	The creation of a trust by the taxpayer as the channel for the application of the income to the discharge of his obligation leaves the nature of the transaction unaltered.
1209	a matter of legislative grace
1655	The sustained deprivation of food can be cruel and unusual punishment when it results in pain without any penological purpose.
3947	Once a motion for summary judgment has been made and properly supported, however, the nonmovant does have the burden of setting forth specific facts showing the existence of a genuine issue of fact for trial.
1272	Nichols’s testimony about what Brittingham told her
293	If the nonmoving party fails to make ‘a sufficient showing on an essential element of her case with respect to which she has the burden of proof,’ the moving party is entitled to summary judgment.
4719	give[s] the ... court no basis to conclude that further discovery would yield
3871	grievances resolved to his satisfaction.
3533	protect[] the public from unwarranted timidity on the part of public officials
298	[c]ross-motions for summary judgment will not, in themselves, warrant the court in granting summary judgment unless one of the parties is entitled to judgment as a matter of law on facts that are not genuinely disputed.
1602	the proper framework for deciding when disputes are arbitrable.
250	rest upon the mere allegations or denials of his pleading.
4638	this procedure need not be elaborate and can be satisfied with less than a full evidentiary hearing
3105	the district court is free to hear evidence regarding jurisdiction and to rule on that issue prior to trial, resolving factual disputes where necessary. In such circumstances, no presumptive truthfulness attaches to plaintiffs allegations, and the existence of disputed material facts will not preclude the trial court from evaluating for itself the merits of jurisdictional claims.
4676	in the interests of justice,
1195	reserved for exceptional circumstances, such as where the resources of a district would otherwise be significantly strained by the large volume of a particular category of cases.
4480	the court should not dismiss the complaint for failure to state a claim ‘unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ 
4363	some courts have applied section 28(1) [of the Restatement (Second) of Judgments] to ‘[a] District Court’s jurisdictional findings incident to remand’ because remand orders are wholly unappealable as a matter of law under 28 U.S.C. § 1447(d).
2663	 ‘[ a] party to civil litigation in the federal system is under a severe duty to make every effort to obtain the requested information and, if, after an adequate effort, he is unsuccessful, his answer should recite in detail the attempts which he made to acquire the information.’
1448	The meaning of ‘package’ which has evolved from the cases can therefore be said to define a class of cargo, irrespective of size, shape or weight, to which some packaging preparation for transportation has been made which facilitates handling, but which does not necessarily conceal or completely enclose the goods.
929	 *provid[e] for mitigation of some of the inequities under the Income Tax Laws caused by the Statute of Limitations____’
4983	if none of the named plaintiffs purporting to represent a class establishes the requisite case or controversy with the defendants, none may seek relief on behalf of himself or any other member of the class.
1057	held that disagreements among medical professionals ‘do not tie the State’s hands in setting the bounds of ... laws. In fact, it is precisely where such disagree ment exists that legislatures have been afforded the widest latitude.’ 
1206	removal jurisdiction exists in a given case only when that jurisdiction is expressly conferred on the courts by Congress.
350	We review the question whether to grant summary judgment de novo, and will affirm a district court’s decision to do so only if, viewing the facts in the light most favorable to the non-mov-ant, we discern no genuine issue as to any material fact and conclude that movant is entitled to judgment as a matter of law.
4327	[i]f liability is found and the case reaches the remedy stage, the Court will have to determine the most appropriate mechanism for determining remedy. It is possible that at that point it would be appropriate to certify a class pursuant to Rule 23(b)(3)____
2474	The mere existence of a statute, which may or may not ever be applied to plaintiffs, is not sufficient to create a controversy within the meaning of Article III.
979	discrete dispute within the larger case.
3879	that there is an absence of evidence to support the nonmoving party’s case,
3819	[b]ecause the license is the key to the applicant’s obtaining and maintaining a business, [and therefore,] there is every incentive for the applicant to pursue a license denial through court,
234	 * * * the weight of authority seems to support the proposition that forfeiture in rem actions, such as the present one, are essentially civil in nature, and should not be burdened with the attributes of a criminal action.
285	on any grounds supported by the record.
3007	depends largely ‘upon the particular circumstances [in that] case.’ 
114	the United States, as sovereign, ‘is immune from suit save as it consents to be sued ... and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit’
3907	on the basis of the facts before us which fail to satisfactorily establish the requisite ‘intent to defraud’ 
1657	beyond the jurisdiction of the court, because it was against an express provision of the Constitution which bounds and limits all jurisdiction,
1651	only if the evidence presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.
2624	Were courts to presume a delegation of power absent an express withholding of such power, agencies would enjoy virtually limitless hegemony, a result plainly out of keeping with Chevron and quite likely with the Constitution as well.
4321	The ‘validity of an arbitration agreement is generally governed by the Federal Arbitration Act.’ 
4123	When the United States enters into contract relations, its rights and duties therein are governed generally by the law applicable to contracts between private individuals.
3195	the congressional intent to preclude judicial review is ‘fairly discernible in the statutory scheme’ 
3716	This standard respects the constitutional requirement of an actual controversy.
253	accept as true all allegations in the complaint and draw all reasonable inferences in favor of the non-moving party.
260	does not create a federal right or benefit; it simply provides a mechanism for enforcing a right or benefit established elsewhere.
2969	self-evident meaning comprehensible to the lay juror,
258	[T]he core purpose of § 1983 is ‘to provide compensatory relief to those deprived of their federal rights by state actors.’
1691	For purposes of a motion to dismiss, [the Second Circuit has] deemed a complaint to include any written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference ..., as well as public disclosure documents required by law to be, and that have been, filed with the SEC, and documents that the plaintiffs either possessed or knew about and upon which they relied in bringing the suit.
3369	With essential qualifications, one infringes the trade-mark of another if the designation he uses to identify his goods is ‘identical with or confusingly similar’ to another’s protected trademark.
2486	the hardship to the parties of withholding court consideration.
3546	The relevant, dispositive inquiry ... is whether it would be clear to a reasonable [official] that his conduct was unlawful in the situation he confronted.
3816	The severity of this burden [on First Amendment protected activities] is dubious at best, and is mitigated by the fact that respondents remain free to sell the same materials at another location.
1606	When a complaint alleges a claim based on events occurring after the expiration of a collective bargaining agreement, courts have held that section 301 can not provide a basis for jurisdiction.
2770	effectively encouraged patent counsel to place only the most favorable version of the facts and the law in their opinion letters, even if these attorneys are aware of other information which is far less helpful to their client.
2349	such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
3115	 ‘minor disputes’ are those that are ‘grounded’ in the collective bargaining agreement.
4840	Nationwide tender offers cannot be interfered with by the application of the fifty states’ different securities laws.
4224	with the furnishing of aid to all eligible individuals with reasonable promptness while at the same time the states must diligently attempt to secure support from deserting parents.
1503	 * * * it would indeed have been wrong to permit cross-examination on the score of homosexuality merely to discredit [a witness’] character * * *.
4569	dual purpose of protecting litigants from the burden of ré-litigating an identical issue ... and of promoting judicial economy by preventing needless litigation.
3406	The ‘arbitrary and capricious’ standard is particularly deferential in matters implicating predictive judgments.
4540	preclude[s a court] from reexamining an issue previously decided by the samé court, or a higher court, in the same case.
300	[t]he underlying purpose of the [ILSFDA] is to insure that a buyer, prior to purchasing certain kinds of real estate, is informed of facts which will enable him to make an informed decision about purchasing the property.
2196	[t]he community in which the court sits,
4000	A technical term used in a patent document is interpreted as having the meaning that it would be given by persons experienced in the field of the invention.... 
2534	Claim or judgment based on assault and battery as liability for willful and malicious injury within § 17(2) of Bankruptcy Act (11 U.S.C. § 35(2)), barring discharge of such liability.
3449	any sentence that is properly calculated under the Guidelines is entitled to a rebuttable presumption of reasonableness.
3403	When an agency must balance a number of potentially conflicting objectives ... judicial review is limited to determining whether the agency’s decision reasonably advances at least one of those objectives and its decisionmaking process was regular[.]
188	Factors to be considered by the district court in making its determination include the convenience of the parties and witnesses, the order in which jurisdiction was obtained by the district court, the availability of documents and the possibilities of consolidation.
1115	any doubts concerning the scope of arbitrable issues ... in favor of arbitration.
2785	the balance of hardships tips decidedly in [their] favor,
3628	only to the fact of conviction and the statutory definition of the prior offense.
938	upheld the practice of giving the jury a transcript to help follow a tape recording played during trial so long as procedures are followed to ensure that the jury does not rely on one party’s version of the transcript instead of the tape recording.
816	a disfavored procedural shortcut, but rather ... an integral part of the Federal Rules as a whole.
461	Documents or facts not presented to the district court are not part of the record on appeal.
4722	Because the FLSA is a remedial law, [courts] must narrowly construe its exemptions.
1374	strong showing is required before a party will be denied entirely the right to take a deposition
4373	[a] federal court may ... stay its consideration of a case until a state court decides an issue of state law in the case that will end the controversy without need for a resolution of a federal consti tutional question, or that, at least, will make resolution of the federal question somewhat easier.
351	[Djeliberate indifference to serious medical needs of prisoners constitutes the unnecessary and wanton infliction of pain proscribed by the Eighth Amendment.
4724	Section 31502 grants the Secretary [of Transportation] the authority to prescribe qualifications and maximum hours of service of employees of a motor carrier [or motor private carrier]. This grant of authority applies to transportation by motor carrier [or motor private carrier] of property in interstate or foreign commerce on a public highway.
980	the same standards as govern the propriety of district court’s certification of interlocutory appeals to the circuit courts under § 1292(b).
4969	[W]e ... should not normally interpret a claim term to exclude a preferred embodiment.
3925	reflect[s] a salutary return to the original purpose of summary judgments.
18	to carve out a Rule 14(c) exception ... could severely undermine maritime arbitration clauses, inspiring abuse and opportunistic behavior, as third parties are allowed or encouraged to do what the parties to a contract themselves are not: to put aside a mandatory arbitration provision and force litigation.
1658	The general rule is that a person is not in jeopardy until he has been arraigned on a valid indictment or information, has pleaded, and a jury has been impaneled and sworn; and where a case is tried to a court without a jury, jeopardy begins after accused has been indicted and arraigned, has pleaded and the court has begun to hear evidence.
2610	[T]he time from which the statute of limitations begins to run is not the time at which a plaintiff becomes aware of all of the various aspects of the alleged fraud, but rather the statute runs from the time at which plaintiff should have discovered the general fraudulent scheme.
994	Clarity about some hypothetical issue not in dispute is irrelevant. Conversely a party claiming to benefit from ambiguity ... must show ambiguity in the meaning of the agreement with respect to the very issue in dispute. Demonstration of ambiguity in some respect not material to any existing dispute serves no useful purpose.
2176	the presiding judge must ‘draw[ ] on [her] own experience and wisdom [in] deciding whether the time spent on each phase was in excess of - a reasonable amount.’ 
1449	[w]hile the description on the bill of lading is not controlling, Middle East Agency, Inc. v. The John B. Waterman, 86 F.Supp. 487, 491 (S.D.N.Y. 1949), it is important evidence of the parties’ understanding, see Standard Electrica S.A. v. Hamburg Sudamerikanische Dampfschifffahrts-Gesellschaft, 375 F.2d 943, 946 (2d Cir.), cert. denied, 389 U.S. 831, 88 S.Ct. 97, 19 L.Ed.2d 89 (1967).
3488	state governments hostile to duly enacted federal laws would be able to frustrate the implementation of [federal] laws by bringing (or allowing to be brought) civil or criminal actions in state court against the federal officials responsible for their implementation.
4651	whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.
2057	ADEA and Law 100 awards serve different ends and represent distinct types of damage awards.
4539	a causal connection between the injury and the conduct complained of’; and (3) the likelihood “the injury will be redressed by a favorable decision.
4885	 ‘Though we expect a trial judge to be sensitive to the judicial role and to exercise restraint, we have no right to anticipate that he will function as ... [a] bloodless automaton.’ 
1699	a clearing agent, is generally under no fiduciary duty to the owners of securities that pass through its hands
2637	the existence of purposeful discrimination
4703	We review de novo a district court’s dismissal of a complaint pursuant to Rule 12(b)(6), accepting all factual allegations in the complaint and drawing all reasonable inferences in the plaintiffs favor.
460	defendants violated his due process rights by considering false information in his prison file to find him ineligible for parole
1913	actual consumer confusion or deception resulting from the violation,
3901	By filing its motion within 60 days of the commencement of its case and presenting it for court approval within that time, Bon Ton manifested an unconditional and unambiguous decision to assume.
2692	[I]f an issue must be raised through an adversary proceeding it is not part of the confirmation process and, unless it is actually litigated, confirmation will not have a preclusive effect.
4707	 ‘[T]he agreement to work certain additional hours for nothing was in essence an agreement to accept a reduction in pay. So long as the reduced rate still exceeds [the minimum wage], an agreement to accept reduced pay is valid— ’ [The] [plaintiffs here have not alleged that they were paid below minimum wage.
2656	Rule 34(b), like Rule 33(b)(4), requires the reasons for any objections to be explicitly stated. Therefore, the Court finds the waiver to be an implicit one.
2007	takes the plaintiff as he finds him.
579	In a non-jury case, this Court may not set aside a finding of fact of a trial court unless there is no substantial evidence to sustain it, unless it is against the clear weight of the evidence, or unless it was induced by an erroneous view of the law. Aetna Life Ins. Co. v. Kepler, 8 Cir., 116 F.2d 1, 4, 5; Gasifier Mfg. Co. v. General Motors Corporation, 8 Cir., 138 F.2d 197, 199; Travelers Mutual Casualty Co. v. Rector, supra [8 Cir., 138 F.2d 396]. * * * 
4857	moderate restrictions of his capacity to concentrate, interact with the public, and carry out detailed work instructions
2565	Judge Rieckhoff improperly sentenced me
3415	is so highly prejudicial as to be incurable by the trial court’s admonition.
4340	best notice practicable under the circumstances.
3103	While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiffs obligation to provide the ‘grounds’ of his ‘entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.
3709	The factual, allegations of the complaint are presumed to be true, and the motion is granted only if the plaintiff fails to allege an element necessary for subject matter jurisdiction.
4987	standing is an antecedent legal issue that we must resolve before proceeding to our evaluation of the district court’s class certification decision.
16	all disputes between the parties having a significant relationship to the contract regardless of the label attached to the dispute.
4575	A person who was not a party to a suit generally has not had a ’full and fair opportunity to litigate’ the claims and issues settled in that suit.
2464	In addition to constitutional requirements, standing also involves prudential limits on the exercise of federal jurisdiction.
4145	$50,000 balanced the lack of quality leisure time the Goldstein[’]s shared prior to the accident, with the recognition of the many domestic chores Francine Goldstein did, but can no longer do, to keep the house, and the benefits that Allen Goldstein derived from those pre-accident efforts.
1345	Dismissal under Rule 12(b)(6) is appropriate only where the complaint lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory.
2795	[b]eeause analysis of the relevant documents ‘requires a high level of technical expertise,’ we must defer to ‘the informed discretion of the responsible federal agencies.’ 
3699	the absence of sufficient facts alleged under a cognizable legal theory.
1240	Absent unusual circumstances, courts may award attorney’s fees under § 1447(c) only where the removing party lacked an objectively reasonable basis for seeking removal. Conversely, when an objectively reasonable basis exists, fees should be denied.
4625	whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.
4413	[A]n entirely truthful statement may provide a basis for liability if material omissions related to the content of the statement make it ... materially misleading.
3967	accompanied by a contemporaneously physical injury to or impact on the plaintiff.
1001	the arbitrator knew about the existence of a clearly governing legal principle but decided to ignore it or pay no attention to it.
4185	To be clearly established, at the time of the challenged conduct, the right’s contours must be sufficiently clear that every reasonable official would have understood that what he is doing violates that right.
1373	authorizes] courts to make any order which justice requires
3915	in situations where, despite all due diligence, the party invoking equitable tolling is unable to obtain vital information bearing on the existence of the claim
3391	* * * To bring a case within the statute, a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff’s cause of action. * * * The right or immunity must be such that it will be supported if the Constitution or laws of the United States are given one construction or effect, and defeated if they receive another. * * * A genuine and present controversy, not merely a possible or conjectural one, must exist with reference thereto * * * 
457	knows of and disregards an excessive risk to inmate ... safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference
1973	particularly describ[e] ... the person or things to be seized.
4100	were left to grope without adequate instructional guidance from the military judge
3623	We review de novo whether a prior conviction is a predicate offense under the ACCA.
3999	The specification is always highly relevant to the claim construction analysis.
4784	[w]hile the section augments the power of the court in cases of existing jurisdiction, it in no wise expands or extends its territorial jurisdiction.
1614	should be free to draw all rational inferences from the failure of a co-defendant to testify, just as an attorney is free to comment on the effect of any interested party’s failure to produce material evidence in his possession or to call witnesses who have knowledge of pertinent facts.
1982	just the tip of the iceberg.
4268	John Sígalos [patent lawyer] is to give us an opinion on this point. If filling an unsealed tube will avoid an infringement of Brandenberger then we could not expect to take action against Clearfield if we own the Brandenberger patent.
824	liberal construction is ... to be given to the definition of employer’ 
3717	[T]he accused infringer must prove by clear and convincing evidence that the applicant knew of the reference, knew that it was material, and made a deliberate decision to withhold it.
834	it is black letter law that actual confusion need not be shown to prevail under the Lanham Act, since actual confusion is very difficult to prove and the Act only requires likelihood of confusion. ..
4513	the question of which party solicited the business interface is irrelevant, so long as defendant then directed its activities to the forum resident.
4555	To hold a local government liable for an official’s conduct [under § 1983], a plaintiff, must first establish that the official (1) had final policymaking authority ‘concerning the action alleged to have caused the particular constitutional or statutory violation at issue’ and (2) was the policymaker for the local governing body for the purposes of the particular act.
751	(3) Such petition may allege detention without lawful authority through challenge to a conviction, although the sentence imposed for such conviction is suspended or is to be served subsequently to the sentence currently being served by petitioner.
255	To survive a motion to dismiss, a complaint must contain sufficient factual matter ... to state a claim to relief that is plausible on its face.
465	The mere use of the word ‘tax,’ in an act primarily designed to define and suppress crime, iá not enough to show that within the true in-tendment of the term a tax was laid. Child Labor Tax Case, ante, 20. * * * When by its very nature the imposition is a penalty, it must be so regarded. Helwig v. United States, 188 U. S. 605, 613. * * * It Lacks all the ordinary characteristics of a tax, whose primary function ‘is to provide for the support of the government,’ and clearly involves the idea of punishment for infraction of the law — the definite function of a penalty. O’Sullivan v. Felix, 233 U. S. 318, 324.
2909	Commerce has considerable discretion in defining ‘identical in physical characteristics.’ 
4525	where contradictory, inferences may reasonably be drawn from undisputed evidentiary facts.
3305	substantial interference with the administration of justice
2470	is clearly erroneous and would work a manifest injustice.
4136	[A] district court reviews the evidence presented at trial in support of the challenged damage award and compares the award to other New York cases in which evidence of similar injuries was presented.
2050	"Villa Marina II""). No one of these factors is determinative. Moses H. Cone, 460 U.S. at 16, 103 S.Ct. at 937; Colorado River, 424 U.S. at 818, 96 S.Ct. at 1247. These factors should not be mechanically applied; rather, they require a balancing based on the facts of each case. Moses H. Cone, 460 U.S. at 16, 103 S.Ct. at 937; Irizarry Pérez v. Mitsubishi Motors Corp., 758. F.Supp. 100, 101 (D.P.R.1991). The balance, however, should be “heavily weighted in favor of the exercise of jurisdiction."
3206	[T]he focal point for judicial review should be the administrative record already in existence, not some new record made initially in the reviewing court.
418	‘the general bankruptcy policy of fostering the rehabilitation of debtors [will not] serve to preempt otherwise applicable state laws dealing with public safety and welfare.’ 
4583	First, the plaintiff has the burden of proving by [a] preponderancé of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant ‘to articulate some legitimate, nondiscriminatory reason for the [treatment].’ 
2943	too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.
1512	on the one hand, an employer’s ‘freedom to contract ... including the right to transfer its assets, reorganize its business or close a portion thereof,’ ... and, on the other, ... to ‘prevent employers from evading obligations under [the applicable statute] ....’
4317	 ‘monetary value of the object of the litigation from [his] perspective.’ 
1927	The debtor shall file a plan.
4194	statutory language is unambiguous and the statutory scheme is coherent and consistent,
1918	[S]ection 1500 was enacted to prevent ... the maintaining of two suits against the United States on the same claims and at the same time in two different courts.
3700	enough facts to state a claim to relief that is plausible on its face.
1305	bar[s] ‘actions alleging the same material elements of fraud’ as an earlier suit, even if the allegations ‘incorporate somewhat different details.’ 
1441	[T]he Fifth Amendment entitles aliens to due process of law in deportation proceedings. At the core of these due process rights is ... a meaningful opportunity to be heard.
0	that there is an absence of evidence to support the non-moving party’s case.
1350	specific enough to give defendants notice of the particular misconduct which is alleged to constitute the fraud charged so that they can defend against the charge and not just deny that they have done anything wrong.
3197	[t]he bar to judicial review ... requires a ‘persuasive reason to believe’ that Congress intended to preclude judicial review
2981	[t]his policy of lenity means that the Court will not interpret a federal criminal statute so as to increase the penalty that it places on an individual when such an interpretation can be based on no more than a guess as to what Congress intended.
4763	right to ‘present to the jury a picture of the events relied upon,’ 
1786	To establish literal infringement, every limitation set forth in a claim must be found in an accused product, exactly.
4515	under the guise of enforcing, immigration law.
157	an otherwise private person acts ‘under color of state law when engaged in a conspiracy with state officials
2320	As a general rule courts ... are not required to make findings on issues the decision of which is unnecessary to the results they reach.
4577	governmental authorities as public enforcers of ordinances and private parties suing for enforcement as private attorneys general.
3754	[A]t the summary judgment stage the judge’s function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.
3459	sufficient indicia of reliability to support its probable accuracy.
551	[t]he responsibility for the justice or wisdom of legislation rests with the Congress, and it is the province of the courts to enforce, not to make, the laws.
1661	a real emergency which by diligence and care could not have been averted.
400	[U]nless there is some ambiguity in the language of a statute, a court’s analysis must end with the statute’s plain language.
3540	when a public official acts in reliance on a duly enacted statute or ordinance, that official is entitled to qualified immunity.
1980	through a more particular description to segregate those business records that would be evidence of fraud from those that would not----
3063	an absence of evidence to support the non-moving party’s case,
2616	[a]ctual knowledge, or a reckless disregard for the truth which is equivalent to actual knowledge * * *,
278	the values of judicial economy, convenience, fairness, and comity in order to decide whether to exercise jurisdiction.
4877	 ‘motions do not usually culminate in evidentiary hearings.’ 
590	only if a reasonable jury, considering the evidence presented, could find for the non-moving party.
3116	Since they often depend on particularized facts, minor disputes resist a rigid definition.
3624	We review de novo whether a prior conviction is a predicate offense under the ACCA.
2799	preserves remedies and the concurrent jurisdiction of state courts over some admiralty and maritime claims,
1526	[S]tatutory language must always be read in its proper context 'In ascertaining the plain meaning of [a] statute, the court must look to the particular statutory language at issue, as well as the language and design of the statute as a whole.’ 
982	orders other than final judgments ... have a final and irreparable effect on the rights of the parties.
216	Without further elaboration, we^ are unsure how systematic, pervasive, or organized persecution must be before the Board would recognize it as a pattern or practice.
2841	No doubt a general search warrant for an entire building . . . occupied by different families or different tenants, is ordinarily null and void.
416	A bankruptcy court’s decision granting or denying injunctive relief pursuant to Bankruptcy Code § 105(a) is reviewed only for abuse of discretion.
1182	an inmate has no liberty interest in confinement at any particular state prison and that prison officials may effect discretionary transfers of an inmate without implicating the due process clause, even if the conditions at one prison are substantially worse than another.
3802	two people slow dancing together is not constitutionally protected expressive conduct.
1234	the court may consider the plaintiffs factual assertions (whether in a brief, an affidavit, or in some other form), that elaborate on the allegations of the complaint, so long as those factual assertions are not inconsistent with the allegations of the complaint
4944	in light of the intrinsic evidence of record, including the written description, the drawings, and the prosecution history, if in evidence.
4639	[pjroperty interests exist when an employer’s discretion is clearly limited so that the employee cannot be denied employment unless specific conditions are met
1910	[The infringers] intentionally traded off the Hermes name and protected products and should not have been entitled to invoke the doctrine of laches.... 
3632	This rule, however, does not apply when the earlier panel decision is cast into doubt by an intervening Supreme Court decision.
2992	permanent physical occupation of real property
1354	the plaintiff must plead facts explaining why the statement was false when it was made.
1904	Where ... the infringing party has previously sold his business, including use of his name and its goodwill, to the plaintiff, sweeping injunctive relief [against his continued use of the name] is more tolerable.
4718	‘to isolate and dispose of factually unsupported claims.’ 
1280	the purposes of the Bankruptcy Code [are] in no way infringed by the dismissal by a plaintiff of a case against the bankrupt without any additional cost or risk to the bankrupt or its creditors.
1570	When the fluctuating workweek method applies, the employee’s ‘regular rate’ for FLSA purposes is calculated anew each week O’Brien v. Town of Agawam, 350 F.3d 279, 287 (1st Cir.2003). The other method approved by the Department of Labor for calculating the regular rate is the “fixed weekly salary
537	rooted in a number of considerations,
99	A district court has a wide range of discretion in framing an injunction in terms it deems reasonable to prevent wrongful conduct, and appellate review of the terms of the injunction must focus upon whether there has been an abuse of that discretion.
1953	that he know that there is a regulation which says what he is storing is hazardous under the RCRA
680	The test suggested by the Commissioner looks to the origin of the encumbrance and to the use of the proceeds derived from it. Section 112(k) [predecessor to § 357], however, says nothing about the origin of the encumbrance. It says only that if a corporation ‘acquires from the taxpayer property subject to a liability such * * * acquisition shall not be considered as’ boot, unless the taxpayer’s principal purpose regarding the acquisition is tax avoidance or not a bona fide business purpose. Nor is there anything in the section which deals with the reasons for the encumbrance, or the manner in which the mortgage proceeds are used.
3524	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 matter of law.
4678	[s]uch discretion is exercised based on, among other factors, whether the defaulted argument has* substantial merit or, put otherwise, whether the magistrate judge committed plain error in ruling against the defaulting party,
4677	in the interests of justice,
544	Interestingly, both United States citizens and aliens alike, charged with the commission of crimes on Guantanamo Bay [in Cuba], are prosecuted under United States laws.
542	special maritime and territorial jurisdiction of the United States
2372	In Compañía Galeana and Cobb Coin Co., relied upon by both Plaintiff AMT and the district court in Treasure Salvors, Inc., attorneys’ fees were awarded based upon a finding of bad faith by the nonprevailing party. In admiralty cases, however, it is the general rule that attorneys’ fees are not awarded.... An exception to the rule [is] that attorneys’ fees may be awarded where the nonprevailing party has acted in bad faith.
569	The question as to whether an ambiguity exists in a contract is to be determined by the court as a matter of law. 17 C.J.S. Contracts § 617; Whiting Stoker Company v. Chicago Stoker Company, 7 Cir., 171 F.2d 248; Golden Gate Bridge & Highway District of California v. United States, 9 Cir., 125 F.2d 872.
1957	would pose harm to others or the environment
4554	To hold a local government liable for an official’s conduct [under § 1983], a plaintiff, must first establish that the official (1) had final policymaking authority ‘concerning the action alleged to have caused the particular constitutional or statutory violation at issue’ and (2) was the policymaker for the local governing body for the purposes of the particular act.
4193	statutory language is unambiguous and the statutory scheme is coherent and consistent,
3371	It is the generally accepted rule that a designation is confusingly similar to a trade-mark if an ordinary prospective purchaser, exercising due care in the circumstances, is likely to regard it as coming from the same source as the trademarked article. * * * The question is usually one of fact * * *, which in some cases may be determined by visual comparison, as where specific differences are so marked that the general appearance could not be confusing, * * or where it is inconceivable that an ordinary purchaser examining the two labels would be deceived. * * * In other cases extrinsic evidence may be necessary. * * 
1900	 ‘reasonable mind might accept’ a particulár evidentiary record as ‘adequate to support a cohclusion.’ 
249	rely on mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment.
4428	the strength of the circumstantial allegations must be correspondingly greater.
2168	must evaluate the data submitted by the fee-seeker, compute a lodestar, consider the totality of the adjustment factors approved by Congress and the [Supreme] Court, and make specific, reasoned adjustments
2732	Generally speaking, a court of appeals should remand a case to an agency for decision of a matter that statutes place primarily in agency hands.
2398	must accept as true all of the factual allegations contained in the complaint.
3011	[t]he ‘public use’ requirement [of the Takings Clause] is ... coterminous with the scope of a sovereign’s police powers.
926	not when the taxpayer discovers that the payment was erroneous
2660	Mere recitation of the familiar litany that an interrogatory or a document production request is ‘overly broad, burdensome, oppressive and irrelevant’ will not suffice.
764	Whoever shall embezzle, steal, or purloin any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property- of the United States, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both.
535	presumption that Acts of Congress do not ordinarily apply outside our borders.
417	relies on erroneous conclusions of law, or ... misapplies its factual or legal conclusions
3918	Summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed ‘to secure the just, speedy and inexpensive determination of every action.’ 
810	is more than outweighed by the need to protect the dignity and integrity of the judicial process.
4371	it is inappropriate for a federal court to use such a [certification] procedure when the course state courts would take is reasonably clear.
3417	[This court] determined whether an error had substantial influence on the outcome by weighing the record as a whole.
599	(b) Although any hearing shall be informal and legislative in type, this part is intended to provide more than the bare essentials of informal rule making under 5 U.S.C. 553. The additional requirements are the following: “(1) The presiding officer shall be a hearing examiner appointed under 5 U.S. C. 3105. “ (2) The presiding officer shall provide an opportunity for cross-examination on crucial issues. “(3) The hearing shall be reported verbatim, and a transcript shall be available to any interested person on such terms as the presiding officer may provide.
132	whether the official’s discretion was based on considerations of public policy.
2541	[I]t generally does not promote the purposes of the Copyright Act to award attorney fees to a prevailing defendant when the plaintiff has advanced a reasonable, yet unsuccessful claim.
304	information designed to assist potential buyers in making a fully-informed decision whether to purchase.
129	in which there exists an ‘element of judgment or choice,’ 
2087	courts often have held that evidence which would have turned up during an inventory search comes under the umbrella of the inevitable discovery rule.
3574	is not a matter of interest to the public or the State but merely an agreement between persons relating entirely to their private affairs.
4493	intent to defraud, knowledge of the falsity or a reckless disregard for the truth.
4841	gives rise to an impermissible risk that many states could seek to regulate the acquisition of control of a national company ... which has substantial assets and principle places of business in states other than Ohio.
1853	is obviously aimed at fraud committed for the purpose of securing the payment of a claim.
1750	depositions, answers to interrogatories, and requests for admissions, amendments to ad damnum clauses of the pleadings, and correspondence between the parties and their attorneys or between the attorneys are usually accepted as ‘other paper' sources that initiate a new thirty day period of removability,
3191	 ‘whenever there is a substantial question about the safety of a registered pesticide.’ 
3487	United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office____
91	[A] case becomes moot ‘ “when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.
3626	Physical force ‘means violent force — that is, force capable of causing physical pain or injury to another person.’ 
4222	This disposition of the matter does not void the jurisdiction of this three-judge court. King v. Smith, 392 U.S. 309, 88 S.Ct. 2128, 20 L.Ed.2d 1118.
211	Contested issues of material fact, and any ambiguity or uncertainty in the controlling state law, are -resolved in the plaintiffs favor.
3172	Once a prima facie case of invidious discrimination is established, the burden of proof shifts to the State to rebut the presumption of unconstitutional action by showing that permissible racially neutral selection criteria and procedures have produced the monochromatic result.
4595	there [was ho] clearly established First Amendment right to be free from a retaliatory arrest that is otherwise supported by probable cause.
1364	A party invoking the federal court’s jurisdiction has the burden of proving the actual-existence of subject matter jurisdiction.
1919	[S]ection 1500 was enacted to prevent ... the maintaining of two suits against the United States on the same claims and at the same time in two different courts.
3055	The principal judicial inquiry required by Rule 56 is whether a genuine issue of material fact exists.
4588	Lampton likely enjoys immunity from the state law claims under Mississippi law.... [Hjowever, federal law does not provide immunity to complainants before state ethics committees .... In the absence of congressional action, we should not create that immunity merely because it may be desirable for some policy reason.
1408	may consider only the Board’s own reasons, not the rationalizations of counsel.
2664	can help pin down an opponent’s legal theories in a case as well as the primary facts supporting them.
2628	[W]here Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.
4626	[n]o person employed by or associated with any enterprise shall conduct or participate in, directly or indirectly, the affairs of the enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
1688	it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
1025	whether, under all the surrounding circumstances, the Union’s objective was preservation of work for [Amax’s] employees, or whether the agreements and boycott were tactically calculated to satisfy union objectives elsewhere.
251	mere existence of a scintilla of evidence in support of the [non-moving party’s] position will be insufficient; there must be evidence on which the jury could reasonably find [for the non-moving party]
3374	A designation is confusingly similar to a trade-mark or trade name under the rule stated in § 717 if prospective purchasers are likely to regard it as indicating the source identified by the trade-mark or trade name
847	high probability of confusion as to sponsorship almost inevitably establishes irreparable harm
1640	transacted business in Puerto Rico.
1461	As [the Fifth Circuit] has recognized, an ‘aggrieved party’ has standing to challenge administrative action only if the party has suffered ‘injury in fact’ to an interest ‘arguably within the zone of interests’ protected by the underlying statute.
2198	discretion to reduce a fee award in response to limited relief even in the presence of complete claims-based success.
576	In a non-jury case, this Court may not set aside a finding of fact of a trial court unless there is no substantial evidence to sustain it, unless it is against the clear weight of the evidence, or unless it was induced by an erroneous view of the law. Aetna Life Ins. Co. v. Kepler, 8 Cir., 116 F.2d 1, 4, 5; Gasifier Mfg. Co. v. General Motors Corporation, 8 Cir., 138 F.2d 197, 199; Travelers Mutual Casualty Co. v. Rector, supra [8 Cir., 138 F.2d 396]. * * * 
74	lies largely within the discretion of the IJ,
4582	First, the plaintiff has the burden of proving by [a] preponderancé of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant ‘to articulate some legitimate, nondiscriminatory reason for the [treatment].’ 
3757	[Prospective enforcement of an ordinance has been found sufficient to generate a live case.
1290	an average purchaser [at least of low-cost, shelf goods such as those involved here] is not likely to remember symbol marks in their specific details,
3722	engaged in a pattern of intentional conduct designed to deceive the attorneys and patent office as to who the true inventors were.
3137	[w]hatever equitable powers remain in the bankruptcy courts must and can be exercised within the confines of the Bankruptcy Code
2178	The legitimate goals of litigation are almost always attained in the courtroom, not in the media.
187	Factors to be considered by the district court in making its determination include the convenience of the parties and witnesses, the order in which jurisdiction was obtained by the district court, the availability of documents and the possibilities of consolidation.
4460	 ‘only decides some intervening matter pertaining to the cause, and requires further steps to be taken in order to enable the court to adjudicate the cause on the merits.’ 
1069	If this statute regulated the content of speech rather than the structure of the market, our task would be quite different.
4323	exclud[e] certain claims from the scope of their arbitration agreement.
3113	ERISA, which was enacted after the RLA, does not affect our analysis of the RLA’s mandatory arbitration provision
3998	highly relevant to one of ordinary skill in the art for ascertaining the breadth of the claim term.
4731	An isolated delivery in interstate commerce may be de minimis such that the employee still does not qualify as a driver; however, courts have hesitated to apply the de minimis principles in this context, because driving in interstate commerce significantly affects the safety of motor vehicle operations.
1112	a uniform federal law over contracts which fall within its scope.
4683	[i]t is [this Court’s] settled practice to allow the ’district court to address arguments in the first instance
2546	shall review all the evidence in the record, construe the evidence and inferences most favorably to the nonmoving party, and refrain from making credibility determinations and weighing evidence.
1366	Plaintiffs filing an unfair competition suit must prove a pecuniary injury ... and ‘immediate’ causation.... Neither is required for Article III standing.
4702	We review de novo a district court’s dismissal of a complaint pursuant to Rule 12(b)(6), accepting all factual allegations in the complaint and drawing all reasonable inferences in the plaintiffs favor.
127	based upon the exercise or ;performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of,the Government, whether or not the discretion involved be abused.
2677	Under California law, if a contract’s terms are unambiguous, a court may interpret the contract without recourse to extrinsic evidence.
4621	Marine hypothecations had their origin in the necessities of commerce, and are said to be creatures of necessity and distress. When properly authorized and duly executed they are of a high and privileged character and are held in great sanctity by maritime courts.
2403	[P]laintiff is not required to plead every fact necessary to establish^ a prima facie case to survive a motion to dismiss,
4660	initial determination ... depends on the objective circumstances of the interrogation, not on the subjective views harbored by either the interrogating officers or the person being questioned.
3863	require that the amendment must actually have had the effect of lowering the Guideline range.
3549	Because qualified immunity presents a pure question of law which we review de novo, any decision by the district court would be entitled to no deference.
2691	[I]f an issue must be raised through an adversary proceeding it is not part of the confirmation process and, unless it is actually litigated, confirmation will not have a preclusive effect.
631	The [disparity of interests] standard thus ensures compliance with the congressional mandate to avoid undue proliferation of bargaining units in the health care industry.
3394	a mere statement that a construction of certain federal statutes is involved in a case is not sufficient to bestow such jurisdiction. The dispute must involve a substantial question as to construction of the federal statutes, and not a colorless or frivolous one, * * * or a mere makeshift, for the purpose of securing such jurisdiction.
1690	For purposes of a motion to dismiss, [the Second Circuit has] deemed a complaint to include any written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference ..., as well as public disclosure documents required by law to be, and that have been, filed with the SEC, and documents that the plaintiffs either possessed or knew about and upon which they relied in bringing the suit.
2482	if they proceeded] to violate an unchallenged law and if they [were] charged, held to answer and tried in any proceedings
2754	is limited to whether the appeal involves legal points arguable on their merits (and therefore not frivolous).
4661	a traffic stop significantly curtails ... ‘freedom of action,’ 
2644	It is part of the established tradition in the use of juries' as instruments of public justice that the jury be a body truly representative of the community.
1520	the employer’s proportionate share of the plan’s ‘unfunded benefits,’ calculated as the difference between the present value of the vested benefits and the current value of the plan’s assets.
2950	Was the defense counsel’s representation within the range of competence demanded of attorneys in criminal cases?
2205	are not properly treated as overhead éxpenses for purposes of a fee award.
311	a thread of common ownership; common sales agents; common sales facilities; common advertising; common inventory
1559	intrude upon state policy any more than necessary.
4795	 * * * is, at the least, a practice fraught with perils to a degree suggesting its sparing use as the part of prudence.
3539	when a public official acts in reliance on a duly enacted statute or ordinance, that official is entitled to qualified immunity.
2187	attempts to allocate hours between claims may be unwarranted where an action involves related legal theories applied to a common core of facts.
4823	such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
277	a common nucleus of operative fact.
3044	the critical issue is not ownership in the first instance, but rather the parties’ respective control over the disposal
4125	Congress has given limited consent to suit in the FTCA, which does not create new causes of action, but only waives immunity under circumstances that would create liability ‘in the same manner and to the same extent as a private individual under like circumstances.’ 
4820	findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive ...
2743	A plaintiff may not prevail simply by asserting an inequity and tacking on the self-serving conclusion that the defendant was motivated by a discriminatory animus.
1909	a presumption of laches will apply and plaintiff must show why the laches defense ought not be applied in the case.
33	Congress has evinced a strong federal policy in favor of deferring to state regula tion of insolvent insurance companies as reflected in the McCarran-Ferguson Act and the express exclusion of insurance companies from the federal Bankruptcy Code.
1474	the scope and content of the prior art are to be determined; differences between the prior art and the claims at issue are to be ascertained; and the level of ordinary skill in the pertinent art resolved.
1119	[any] controversy, dispute or difference arising out of or relative to this Agreement or an alleged breach thereof or otherwise relating to the Employee’s employment with the Company
2537	is the rule rather than the exception and [they] should be awarded routinely.
4379	a promise of continued employment may be an illusory benefit when the employment is at will.
4977	evident on the face of the patent.
2536	if the district court relied on erroneous findings of fact, applied the wrong legal standard, misapplied the correct legal standard when reaching a conclusion, or made a clear error of judgment.
3057	A ‘genuine’ issue is one that must be decided at trial because the evidence, viewed in the light most favorable to the nonmovant, would permit a rational factfinder to resolve the issue in favor of either party.
505	doctrine of standing is a complex web, and all the parts of it must be satisfied; but attention to the details of the doctrine does not require us to give up our common sense. ‘[T]he constitutional standing requirement [cannot be made] a mechanical exercise.’ 
3198	[pjreclusion of judicial review is not lightly inferred, and usually will not be found absent a clear command of the statute
4955	 ‘growing’ and ‘isolating’ are not merely circumstances in which the method may be useful, but instead are the raison d’etre of the claimed method itself’). However, the Court would not construe the preamble as a limitation on this basis alone. Sun further argues that the specification touts increasing a number of persistent consistency points as fundamental to the invention: “The present invention overcomes the disadvantages of the prior art by providing an on-disk storage arrangement that increases the number of persistent consistency point images (PCPIs) that may be maintained for a volume of a storage system.
1000	In addition, as judicial gloss on these specific grounds for vacatur of arbitration awards, we have held that the court may set aside an arbitration award if it was rendered in manifest disregard of the law.
1273	We will not disturb a trial court’s exercise of discretion [in making evidentiary rulings] unless no reasonable person would adopt the district court’s view.
4732	[T]he de minimis rule should seldom, if ever, be applied to one who drives a motor vehicle carrying property of a private carrier in interstate commerce.
3728	a factual determination must reveal that the overall effect of the license tends to restrain competition unlawfully in an appropriately defined relevant market.
1952	that he know that there is a regulation which says what he is storing is hazardous under the RCRA
3671	A § 2255 motion is inadequate or ineffective only where the petitioner demonstrates that some limitation of scope or procedure would prevent a § 2255 proceeding from affording him a full hearing and adjudication of his claims.
2764	Documents and testimony relating to that advice are relevant in that they are probative of the alleged infringer’s intent. They are admissible because the alleged infringer has waived the privilege as to the subject matter of the advice.
4589	Lampton likely enjoys immunity from the state law claims under Mississippi law.... [Hjowever, federal law does not provide immunity to complainants before state ethics committees .... In the absence of congressional action, we should not create that immunity merely because it may be desirable for some policy reason.
2756	We now hold that .,. when a party wishes to take an appeal based on a procedural error at sentencing ... that party must object to the procedural error complained of after sentence is imposed in order to avoid plain error review on appeal.
3909	A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.
1961	[a] single count is not duplicitous merely because it contains several allegations that could have been stated as separate offenses.
86	whether the plaintiff has ‘alleged such a personal stake in the outcome of the controversy’ as to warrant his invocation of federal-court jurisdiction and to justify exercise of the court’s remedial powers on his behalf.
1344	give the defendant fair notice of what the ... claim is and the grounds upon which it rests.
4664	The Fifth Amendment right to counsel safeguarded by Miranda cannot be invoked when a suspect is not in custody....
1282	[District courts retain jurisdiction to determine the applicability of the [automatic] stay to litigation pending before them, and to enter orders not inconsistent with the terms of the stay.
1598	[s]uits for violation of contracts between an employer and a labor organization.
1783	the specification ‘is always highly relevant to the claim construction analysis. Usually, it is dispositive; it is the single best guide to the meaning of a disputed term.’ 
772	remand to the plan administrator for an out-of time administrative appeal.
3370	use is likely to cause confusion or mistake or to deceive purchasers as to the source of origin of such goods * * 15 U.S.C.A. § 1114. This court has discussed the concept of trademark infringement on several occasions. In Schneider Brewing Co. v. Century Distilling Co., supra, 107 F.2d at 704, we said: “The test is whether the similitude in the labels would probably deceive a purchaser who exercises ordinary prudence, not the careless buyer who makes no examination.
4319	required to prove the amount in controversy beyond all doubt or to banish all uncertainty about it.
3658	Substantial evidence is something more than a ‘mere scintilla,’ and must be enough reasonably to support a conclusion.
4888	reasonable in light of the facts and circumstances confronting them
284	on any grounds supported by the record.
3638	with any degree of contact by ‘Dcjnowingly touching another person with the intent to ... insult or provoke such person,' 
3813	The lack of time limits on revocation [or suspension] in [the ordinance] is not of substantial concern in a prior restraint analysis because no speech is chilled prior to the time that the permit is actually revoked.
2551	Where a new trial motion asserts that the jury verdict is not supported by the evidence, the verdict must stand unless it is clearly, decidedly, or overwhelmingly against the weight of the evidence.
3622	[W]e will reverse only if no reasonable jury could have found [Ea-son] guilty beyond a reasonable doubt.
487	the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial evidence.
4562	[A] funding recipient can be said to have ‘intentionally ácted in clear violation of Title IX,’ when the violation is caused by official policy.
4994	Law of the case is an amorphous concept. As most commonly defined, the doctrine posits that when a court decides upon a rule of law, that decision should continue to govern the same issues in subsequent stages in the same case. Law of the case directs a court’s discretion, it does not limit the tribunal’s power.
2804	"to take advantage of the procedural differences between the federal court % admiralty"" and that of the non-maritime- court."
2157	[R]emoval actions are short term responses to imminent threats to the public safety or the environment. They are to be undertaken ‘in response to an immediate threat to the public welfare or to the environment.’ 
2591	An omitted fact is material if there is a substantial likelihood that a reasonable shareholder would consider it important in deciding how to vote.
4447	the issue of ap-pealability under § 1291 is to be determined for the entire category to which a claim belongs, without regard to the chance that the litigation at hand might be speeded, or a particular injustice averted
1870	its probative value is substantially outweighed by the danger of unfair prejudice.
2060	that are medically supported but are also contradicted by other evidence in the record may or may not be found credible— the ALJ can choose to credit portions of the existing evidence.
2839	No doubt a general search warrant for an entire building . . . occupied by different families or different tenants, is ordinarily null and void.
1933	is perfectly appropriate for a judge to take part where necessary to clarify testimony and assist the jury in understanding the evidence
2300	A finding is clearly erroneous if it is unsupported by any facts of record or if the appellate court after reviewing all the evidence is left with the definite and firm belief that a mistake was made.
3948	Once a motion for summary judgment has been made and properly supported, however, the nonmovant does have the burden of setting forth specific facts showing the existence of a genuine issue of fact for trial.
4630	As to materiality, the substantive law will identify which facts are material
2805	the effect of the saving-to-suitprs clause is to permit maritime in personam claims to be pursued in federal court as maritime (and thus non-jury) claims, in state court as legal claims, or in federal court as legal claims (for which a jury trial is available) if an independent basis for federal jurisdiction exists.
320	an appropriate local law of limitations.
2694	the greater the quality and amount of notice needed in order to comply with due process
3852	a plaintiff must also prove likelihood of confusion, which is said to exist ‘when the consumers viewing the defendant’s mark would probably assume that the product or service it represents is associated with the source of a different product or service identified by a similar mark.’ 
2986	crime ... to be ferreted out by searching the conscience of the accused,
384	 ‘Federal intrusions into state criminal trials frustrate both the States’ sovereign power to punish offenders and their good-faith attempts to honor constitutional rights.’ 
2397	must accept as true all of the factual allegations contained in the complaint.
2302	due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of the witnesses.
1367	(1) expended money due to the defendants’ acts of unfair competition; (2) lost money or property; or (3) been denied money to which he or she has a cognizable claim.
1063	[There exists an] obligation of the Judicial Branch to avoid deciding constitutional issues needlessly.
2396	a formulaic recitation of the elements of a cause of action.
3418	[This court] determined whether an error had substantial influence on the outcome by weighing the record as a whole.
2930	A gift must be complete, subject to no condition precedent, or it is void, is no gift at all.
3099	works a collateral estoppel on the issue of fraud in a subsequent civil suit over a fraud penalty.
140	such matters most often comprise grist for the jury’s mill, they may be resolved on summary judgment when the facts lead ineluctably to a particular outcome
4545	Such an injury is redressed not by giving the tax money back ,.. but by ending the unconstitutional spending practice.
3616	could not be shown in evidence for any purpose independent of the contradiction.
3117	In RLA cases then, as in LMRA cases, courts must look to the source of the right asserted by the plaintiff.
2776	The proper time to assess willfulness is at the time the in-fringer received notice ... making the relevance of later developments ... questionable at best.
12	to secure for United States citizens predictable enforcement by foreign governments of certain arbitral contracts and awards made in this and other signatory nations.
3630	[W]e are bound by cases interpreting whether an offense is a crime of violence under the Guidelines as well as cases interpreting whether an offense is a violent felony under the [ACCA].
4764	the Government’s right to introduce its proof is always subject to the trial court’s responsibility under Fed.R.Evid. 403 to limit unduly prejudicial or cumulative evidence.
1024	General Counsel’s position . . . would not be consonant with administrative due process or fundamental fairness [because] . [where] specific acts violative of the section are enumerated, the proof and subsequent findings should be limited to those matters, absent amendment.
4197	[w]e begin with the premise that all parts of the statute must be read together, neither taking specific words out of context, nor interpreting one part so as to render another meaningless.
4690	The plaintiff bears the burden of proving subject matter jurisdiction by a preponderance of the evidence.
1633	The history of man is inseparable from the history of religion. And * * * since the beginning of that history many people have devoutly believed that ‘More things are wrought by prayer than this world dreams of’.
3629	force capable of causing physical pain or injury to another person.
3833	Such use would clearly not give rise to a claim for wharfage by the general maritime law, which requires that the vessel shall make use of the-wharf for the purpose of loading or unloading goods or passengers in order to be subject to that lien. Ex parte Easton, 95 U. S. 68 [24 L. Ed. 373]; The Gem, 1 Brown’s Adm. 37 [Fed. Cas. No. 5,303].
3003	[A] State, by ipse dixit, may not transform private property into public property without compensation
4972	Explicit arguments made during prosecution to overcome prior art can lead to a narrow claim interpretation because ‘[t]he public has a right to rely on such definitive statements made during prosecution.’ 
1205	Defendants may remove an action on the basis of diversity of citizenship if there is complete diversity----
4180	a reasonable person would have believed that he was not free to leave.
1219	[A] plaintiff may not defeat a federal court’s diversity jurisdiction and a defendant’s right of removal by merely joining as defendants parties with no real connection with the controversy.
469	Taxes have not, as a general rule, in this country since its independence, „nor in England before that time, been collected by regular judicial proceedings. The necessities of government, the nature of the duty to be performed, and the customary usages of the people, have established a different procedure, which, in regard to that matter, is, and always has been, due process of law.
2110	such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
144	some relationship between the governmental employee[s] and the plaintiff to which state law would attach a duty of care in purely private circumstances.
4177	right to make an arrest.. .necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it.
2642	drawn from a pool of persons broadly representative of the community
2993	permanent physical occupation of real property
3975	The bankruptcy court has broad discretion to apply its local rules.
1767	[A] guilty plea is an admission of all the elements of a formal criminal charge.
3542	[t]aken in the light most favorable to the party asserting the injury, ... the facts alleged show the [official’s] conduct violated a constitutional right
2373	In Compañía Galeana and Cobb Coin Co., relied upon by both Plaintiff AMT and the district court in Treasure Salvors, Inc., attorneys’ fees were awarded based upon a finding of bad faith by the nonprevailing party. In admiralty cases, however, it is the general rule that attorneys’ fees are not awarded.... An exception to the rule [is] that attorneys’ fees may be awarded where the nonprevailing party has acted in bad faith.
1491	was intended to displace all state laws that fall within its sphere, even including state laws that are consistent with ERISA’s substantive requirements.
1932	will be reversed only if such error more likely than not affected the verdict
1226	Even if non-diverse defendants are joined solely to prevent removal to federal court, fraudulent joinder is not shown if the plaintiff does in fact have a valid claim against the non-diverse defendants.
75	expressly parse or refute on the record each individual argument or piece of evidence offered by the petitioner.
2518	may be accomplished by presenting circumstantial evidence, including evidence of customary mailing practices used in the sender’s business.
116	the United States, as sovereign, ‘is immune from suit save as it consents to be sued ... and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit’
3235	no accord and satisfaction without expression of assent.
2970	self-evident meaning comprehensible to the lay juror,
4952	Indeed, when discussing the ‘claim’ in such a circumstance, there is no meaningful distinction to be drawn between the claim preamble and the rest of the claim, for only together do they comprise the ‘claim.’ If, however, the body of the claim fully and intrinsically sets forth the complete inven tion, including all of its limitations, and the preamble offers no distinct definition of any of the claimed invention’s limitations, but rather merely states, for example, the purpose or intended use of the invention, then the preamble is of no significance to claim construction because it cannot be said to constitute or explain a claim limitation.
1510	generally the inquiring party is concluded by the witness’ answer when cross-examination relates to a matter collateral to the issues, and he may not later rebut it for purposes of impeachment.
3395	a mere statement that a construction of certain federal statutes is involved in a case is not sufficient to bestow such jurisdiction. The dispute must involve a substantial question as to construction of the federal statutes, and not a colorless or frivolous one, * * * or a mere makeshift, for the purpose of securing such jurisdiction.
2004	where the law or regulation changes after a claim has been filed or reopened but before the administrative or judicial appeal process has been concluded, the version most favorable to appellant should ... apply unless Congress provided otherwise or permitted the Secretary ... to do otherwise and the Secretary did so
2749	sufficiently controversial to merit cross-examination.
3782	content-based regulations treated as content-neutral
949	the maximum aggravated sentence that could be imposed for that crime upon a defendant with the worst possible criminal history.
4038	[W]e presume that [the agency] has taken into account all of the evidence before [it], unless the record compellingly suggests otherwise.
2796	[w]hen specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more persuasive.
1897	Sharf and the other putative defendants hold the heartfelt belief that, notwithstanding his physical passing in 1994, the Rebbe still lives. Those authorized to act on behalf of Merkos in respect to the copyrighted- volumes of the Rebbe’s letters do not share this belief....
491	The issue is not whether plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support his claims.
3513	general assertions that the government imposed specifications in the contracts
3059	A fact is material if it tends to resolve any of the issues that have been properly raised by the parties.
2243	Scandalous pleading for purposes of Rule 12(f) must ‘reflect cruelly’ upon the defendant’s moral character, use ‘repulsive language’ or ‘detract from the dignity of the court.’ 
2519	may be accomplished by presenting circumstantial evidence, including evidence of customary mailing practices used in the sender’s business.
2092	fruit of the poisonous tree.
4791	was so unnecessarily suggestive and conducive to irreparable mistaken identification
73	lies largely within the discretion of the IJ,
405	[t]he end of fiscal year 1998 was September 30, 1998, which means that plaintiffs are no longer eligible to receive visas
3409	there is a reasonable likelihood that [it] affected the defendant’s substantial rights.
3553	abode or habitation to which one intends to return as distinguished from the place of temporary sojourn or transient visit,
4950	[TJhere is sometimes a fine line between reading a claim in light of the specification, and reading a limitation into the claim from the specification_ [Attempting to resolve that problem in the context of the particular patent is likely to capture the scope of the actual invention more accurately than either strictly limiting the scope of the claims to the embodiments disclosed in the specification or divorcing the claim language from the specification.
628	traditional factors used in scope determinations ‘must be put in balance against the public interest in preventing fragmentation in the health care field.’ 
4124	The United States enjoys sovereign immunity; it cannot be sued without its consent, and such consent is a prerequisite for jurisdiction.
3617	could not be shown in evidence for any purpose independent of the contradiction.
4943	The claims define the scope of the right to exclude; the claim construction inquiry, therefore, begins and ends in all cases with the actual words of the claim.
4426	[T]he Regulation imposes a disclosure duty where a trend, demand, commitment, event or uncertainty is both [1] presently known to management and [2] reasonably likely to have material effects on the registrant’s financial condition or results of operations.
2189	rest on different facts and legal theories.
586	leave to amend may be denied where amendment would be futile because the defenses sought to be added are legally insufficient.
1183	an inmate has no liberty interest in confinement at any particular state prison and that prison officials may effect discretionary transfers of an inmate without implicating the due process clause, even if the conditions at one prison are substantially worse than another.
1905	to identify and distinguish goods ... and to indicate their source.
4548	any other means authorized by law
4876	 ‘motions do not usually culminate in evidentiary hearings.’ 
4401	enough facts to state a claim to relief that is plausible on its face.
1956	disposed of chemical waste which he knew ‘had the potential to be harmful to others or to the environment’ 
3809	[O]ne man’s vulgarity is another’s lyric.
1788	a product or process that does not literally infringe upon the express terms of a patent claim may nonetheless be found to infringe if there is ‘equivalence’ between the elements of the accused product or process and the claimed elements of the patented invention.
499	in essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues.
53	The presumption is rebutted only upon a showing that the sentence does not account for a factor that should receive significant weight, it gives significant weight to an irrelevant or improper factor, or it represents a clear error of judgment in balancing sentencing factors.
3815	makes a firm distinction between prior restraints and subsequent punishments.
2024	the conduct of a thorough and contemporaneous medical examination, one which takes into account the records of prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one
2399	is construed liberally in [plaintiffs] favor, and [the Court should] grant [plaintiff] the benefit of all inferences that can be derived from the facts alleged.
4370	the course [the] state court[ ] would take is reasonably clear.
3692	[T]he police may legitimately respond to citizen complaints and stop excessive amplified sound, especially if unpermitted.
4433	it is especially important to rigorously apply the standard for pleading intent.
3509	Critical under the statute is ‘to what extent defendants acted under federal direction’ at the time they were engaged in the conduct now being sued upon.
4747	one of the class for whose especial benefit the statute was enacted.
1118	when phrases such as ‘arising under’ and ‘arising out of appear in arbitration provisions, they are normally given broad construction ....
2823	life or freedom would be threatened
823	liberal construction is ... to be given to the definition of employer’ 
94	case or controversy requirement subsists through all stages of federal judicial proceedings, trial and appellate.
1609	relatively early stage of the proceedings * * United States v. Ber-man, 24 F.R.D. 26, 29 (S.D.N.Y.1959). b. The Government points out. that Rule 8(b) allows joinder in cases like this one and that there is a broad measure of discretion in deciding motions for severance under Rule 14. This helps to define the problem. It is not, nor is it claimed to be, sufficient ground for decision either way. c. The Assistant United States Attorney reports that he has spoken to Pit-kin’s attorney, who says “he would advise the defendant Pitkin to invoke his privilege under the Fifth Amendment
4887	reasonable in light of the facts and circumstances confronting them
844	flattery will often get you nowhere.
128	legislative and administrative decisions grounded in social, economic and political policy through the medium of an action in tort.
2727	describefd] a sharply deteriorating human rights situation
3736	In analyzing the 60(b) aspect, we recognize that Rule 60(b) is to be construed liberally to do substantial justice. Serio v. Badger Mut. Ins. Co., 5 Cir., 1959, 266 F.2d 418; 3 Barron & Holtzoff, Federal Practice & Procedure §§ 1322, 1328 (Wright ed. 1958). The rule is broadly phrased and many of the itemized grounds are overlapping, freeing Courts to do justice in hard cases where the circumstances generally measure up to one or more of the itemized grounds.
1766	so inconsistent with the evidence
4510	It is the ‘quality’ of [the] ‘contacts,’ and not their number or status, that determines whether they amount to purposeful availment.
4954	 ‘growing’ and ‘isolating’ are not merely circumstances in which the method may be useful, but instead are the raison d’etre of the claimed method itself’). However, the Court would not construe the preamble as a limitation on this basis alone. Sun further argues that the specification touts increasing a number of persistent consistency points as fundamental to the invention: “The present invention overcomes the disadvantages of the prior art by providing an on-disk storage arrangement that increases the number of persistent consistency point images (PCPIs) that may be maintained for a volume of a storage system.
2526	waiving the right to have access to the courts is something much more significant and of a different character than changing the terms and conditions of a bank account, assent for which can be obtained simply be the continued use of the account.
4700	a plaintiffs obligation to provide the ‘grounds’ of his [or her] tentitlebnent] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.
2331	Any patent, however, has some range of equivalents, unless form is made the indispensable thing. And the rule is especially applicable where the infringer takes the whole gist of the invention, as in this case.
4551	[T]he government's right to sue to enforce its contracts exists as' a matter of federal common law, without necessity of & statute ... Congress may nullify the right, but, as the Supreme Court has repeatedly emphasized, courts are entitled to conclude that Congress has done so only , if the evidence of Congress’ intent is extremely, even unmistakably, clear.
4169	The opposing party cannot meet this burden with eonclusory statements or speculation but only with appropriate citations to relevant admissible evidence.
4423	[i]f a party is aware of an actual danger or cause for concern, the party may not rely on a generic disclaimer in order to avoid liability.
4680	[Establishing one’s domicile in a state generally requires both physical presence there and intent to stay.
2838	No doubt a general search warrant for an entire building . . . occupied by different families or different tenants, is ordinarily null and void.
514	means to deliver the services, programs, and activities.
3505	The issue is not simply whether the defendants acted under [federal] officials but whether they are in danger of being sued in state court ‘based on action taken pursuant to federal direction.’ 
4221	This disposition of the matter does not void the jurisdiction of this three-judge court. King v. Smith, 392 U.S. 309, 88 S.Ct. 2128, 20 L.Ed.2d 1118.
2929	A gift must be complete, subject to no condition precedent, or it is void, is no gift at all.
4497	 ‘demonstrate facts which support a finding of jurisdiction....’
3118	To determine whether a claim is independent of a collective bargaining agreement, a court first considers whether the alleged right derives from a source extrinsic to the collective bargaining agreement itself. If so, the claim is not precluded unless enforcement of that right is ‘inextricably intertwined’ with the consideration of the collective bargaining agreement.
3373	A designation is confusingly similar to a trade-mark or trade name under the rule stated in § 717 if prospective purchasers are likely to regard it as indicating the source identified by the trade-mark or trade name
486	the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial evidence.
4694	In resolving a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), a district court ... may refer to evidence outside the pleadings.
1930	exercised dominion and control over the images.
4114	if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
4434	[T]he most likely inference from the facts alleged is that defendants did not make certain disclosures ... because they believed that they were under no obligation to do so____
299	the filing of cross motions for summary judgment does not necessarily indicate that there is no dispute as to a material fact, or have the effect of submitting the cause to a plenary determination on the merits
2167	the strongly preferred method by which district courts should determine what fees to award prevailing parties
4605	dissociated from those [acts] which a defendant has committed.
4129	Under New York law, the elements of a negligence claim are: (i) a duty owed to the plaintiff by the defendant; (ii) breach of that duty; and (iii) injury substantially caused by that breach.
150	the potential involvement or application of any [s]tate law or regulation
485	the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial evidence.
1501	It is true that such character evidence is not relevant to the question of the witness’s veracity, and is therefore not admissible to discredit him in that regard. Nor could defendant introduce the evidence merely as contradiction of the witness’s own denial that he was ‘an immoral pervert.’ 
4882	[exclusion of evidence in a jury case constitutes harmless error if the evidence ... though properly admissible is of a fact already established by other unre-butted evidence and may therefore be regarded as cumulative.
734	[T]he language of the ‘Guaranty’ amounted to a consent by the guarantors that the release of the principal debtor did not discharge the guarantors.
4765	the Government’s right to introduce its proof is always subject to the trial court’s responsibility under Fed.R.Evid. 403 to limit unduly prejudicial or cumulative evidence.
4010	knew that the combination for which its components were especially made was both patented and infring ing.
17	This is a concept unique to admiralty practice which makes a third-party defendant directly liable to the plaintiff! ] and is distinguishable from the third party practice under Fed.R.Civ.P. 14(a), which does not automatically establish a direct link between the plaintiff and the third-party defendant.
3662	[T]he chosen methodology need not be the most reasonable though it must reasonably and accurately reflect factual information in the administrative record.
4644	 ‘provides relief from the consequences of a conviction when a defense or discharge arises subsequent to entry of the final judgment. The defense or discharge must be a legal defect in the conviction, or in the sentence which taints the conviction.’ 
3778	expressive conduct within the outer perimeters of the First Amendment, though ... only marginally so.
1686	accept as true the factual allegations of the complaint, and draw all inferences in favor of the pleader.
989	produce evidence which would be admissible at trial to make the requisite issue of material fact.
3199	[pjreclusion of judicial review is not lightly inferred, and usually will not be found absent a clear command of the statute
4579	more than the mere occurrence of isolated or ‘accidental’ or sporadic discriminatory acts.
3139	Section 105(a) [does not] authorize courts to create substantive rights that are otherwise unavailable under the Code, or to expand the contractual obligations of parties.
4761	It is a general rule that ‘A party is not required to accept a judicial admission of his adversary, but may insist on proving the fact.’ 31 C.J.S. Evidence § 299, p. 1068. The reason for the rule is to permit a party ‘to present to the jury a picture of the events relied upon. To substitute for such picture a naked admission might have the effect to rob the evidence of much of its fair and legitimate weight.’
2230	[T]he trustee may avoid a transfer of property of the estate — (1) that occurs after the commencement of the case; ...
1302	[w]hen a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.
4528	Partial .relief in another proceeding cannot moot an action that legitimately seeks additional relief.
1017	the possible abuse by union officials of the power which they might achieve if welfare funds were left to their sole control.
470	Taxes have not, as a general rule, in this country since its independence, „nor in England before that time, been collected by regular judicial proceedings. The necessities of government, the nature of the duty to be performed, and the customary usages of the people, have established a different procedure, which, in regard to that matter, is, and always has been, due process of law.
1778	[TJhere is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.
2332	Any patent, however, has some range of equivalents, unless form is made the indispensable thing. And the rule is especially applicable where the infringer takes the whole gist of the invention, as in this case.
4975	When it comes to the question of which should control, an erroneous remark by an attorney in the course of prosecution of an application or the claims of the patent as finally worded and issued by the Patent and Trademark Office as an official grant, we think the law allows for no choice. The claims themselves control.
4748	the fact that an enactment is designed to benefit a particular class does not end the inquiry; instead, it must also be asked whether the language of the statute indicates that Congress intended that it be enforced through private litigation.
2037	[a] remand is meant to entail a critical examination of the justification of the decision
3410	To be admissible, 404(b) evidence must (1) be relevant to one of the enumerated issues and not to the defendant’s character; (2) the prior act must be proved sufficiently to permit a jury determination that the defendant committed the act; and (3) the evidence’s probative value cannot be substantially outweighed by its undue prejudice, and the evidence must satisfy Rule 403.
1890	afford consumers a complete, permanent, and effective bond of protection from excessive rates and charges.
4673	enough facts to state a claim to relief that is plausible on its face.
4188	Any claim that excessive force was used by a police officer when making an arrest is analyzed under the reasonableness standard of the Fourth Amendment to the United States Constitution.
462	Documents or facts not presented to the district court are not part of the record on appeal.
1500	It is true that such character evidence is not relevant to the question of the witness’s veracity, and is therefore not admissible to discredit him in that regard. Nor could defendant introduce the evidence merely as contradiction of the witness’s own denial that he was ‘an immoral pervert.’ 
3501	Boyle displaces state law only when the Government, making a discretionary, safety-related military procurement decision contrary to the requirements of state law, incorporates this decision into a military contractor’s contractual obligations, thereby limiting the contractor’s ability to accommodate safety in a different fashion.
4730	[i]n determining whether an employee’s activities ... are de minimis, it is important to focus on ‘the character of the activities rather'than the proportion of either the employee’s time or of his activities.’ 
2400	Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.
1705	Whether an account is general or specific depends upon the mutual intent of the parties.
600	(b) Although any hearing shall be informal and legislative in type, this part is intended to provide more than the bare essentials of informal rule making under 5 U.S.C. 553. The additional requirements are the following: “(1) The presiding officer shall be a hearing examiner appointed under 5 U.S. C. 3105. “ (2) The presiding officer shall provide an opportunity for cross-examination on crucial issues. “(3) The hearing shall be reported verbatim, and a transcript shall be available to any interested person on such terms as the presiding officer may provide.
4133	it is well settled that a landowner has a duty to exercise reasonable care in maintaining his own property in a reasonably safe condition under the circumstances. The nature and scope of that duty and the persons to whom it is owed require consideration of the likelihood of injury to another from a dangerous condition on the property, the seriousness of the potential injury, the burden of avoiding the risk and the foreseeability of a potential plaintiffs presence on the property.
4382	not adopt a bright-line rule requiring continued employment for at least two years in all cases.
2195	 ‘prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.’ 
458	knows of and disregards an excessive risk to inmate ... safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference
2734	the evidence is such that a reasonable jury could return a verdict for the nonmoving party.
3556	place of overnight repose and safety
710	combines the approaches of both Restatement II (contacts establishing significant relationships) and ‘interest analysis’ (qualitative appraisal of the relevant States’ policies with respect to the controversy).
3156	The recognized practices of an industry give life to the dead words of a statute dealing with it.
1113	assume[s], without further analysis, that the [a]greement leaves the question of arbitrability to judicial determination.
1153	A district court’s revocation of supervised release is reviewed under an abuse of discretion standard.
4681	It is ... clear that a statement of the parties’ residence is insufficient to establish their citizenship.
1496	a denial of benefits challenged under § 1132(a)(1)(B) is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan.
395	the question of mootness is ... one which a federal court must resolve before it assumes jurisdiction.
4331	relevant evidence as a reasonable mind might accept to support [the] conclusion,
716	have supported their adoption of the inferred intent rule by noting that the state’s proscription of sexual contact between an adult and a minor is a clear indication that such contact is inherently injurious to the victim.
2997	the extent of permitted development
966	must prove that the claimant is guilty of gross misconduct tantamount to ‘fraud, overreaching or spoliation to the detriment of others.’ 
4780	[a] controlled environment for the reception of proof is essential, ... an artificially sterile environment is neither necessary nor desirable.
4733	[T]he de minimis rule should seldom, if ever, be applied to one who drives a motor vehicle carrying property of a private carrier in interstate commerce.
4142	It is well settled under New York law that a claim for loss of consortium “is a derivative action and, as such, its viability is dependent on the viability of a primary cause of action....
1410	reject[ ] the temptation to supply reasons to support the Board’s decision that the Board itself has not offered.
4597	[t]he plaintiff must show that, he ‘has sustained or is immediately in danger of sustaining some direct injury’ as the result of the challenged official conduct and the injury or threat of injury must be both ‘real and immediate,’ not ‘conjectural’ or ‘hypothetical.’
3060	Not every genuine factual conflict necessitates a trial. It is only when a disputed fact has the potential to change the outcome of the suit under the governing law if found favorably to the nonmovant that the materiality hurdle is cleared.
777	In Braden — since the case involved the problem of interstate detain-er- — there was no applicable venue statute
2333	It may be safely said that if those skilled in the mechanical arts are working in a given field, and have failed, after repeated efforts, to discover a certain new and useful improvement, that he who first makes the discovery has done more than make the obvious improvement which would suggest itself to a mechanic skilled in the art, and is entitled to protection as an inventor.
4	view the record and all inferences drawn from it in the light most favorable to the [non-moving party].
308	exemptions from remedial statutes such as the Act are to be narrowly construed
2566	Habeas corpus is the exclusive remedy for a state prisoner who challenges the fact or duration of his confinement and seeks immediate or speedier release, even though such a claim may come within the literal terms of § 1983.
4806	became so attenuated as to dissipate the taint.
3496	[i]t is indisputable that each of the defendants was either an ‘officer of the United States or an agency thereof, or persons acting under him.’ 
4590	Lampton likely enjoys immunity from the state law claims under Mississippi law.... [Hjowever, federal law does not provide immunity to complainants before state ethics committees .... In the absence of congressional action, we should not create that immunity merely because it may be desirable for some policy reason.
4559	"Congress did not intend to allow recovery [under Title ""IX] where liability rests solely on principles of vicarious liability or constructive notice."
4662	the freedom-of-movement test identifies only a necessary and not a sufficient condition for Miranda custody.
1622	We think this states with sufficient clearness the first requisite of an indictment, under section 5480, of a scheme or artifice to defraud.
4118	[t]he materiality standard is demanding.
4481	the court should not dismiss the complaint for failure to state a claim ‘unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ 
2404	[P]laintiff is not required to plead every fact necessary to establish^ a prima facie case to survive a motion to dismiss,
4693	may consider affidavits and other materials beyond the pleadings to resolve the jurisdictional issue, but [it] may not rely on conclusory or hearsay statements contained in the affidavits.
4484	should state the contents of the communications, who was involved, where and when they took place, and [explain] why they were fraudulent.
4610	any State or district in the United States to attend to the .interests of the United States in a suit pending in a court-of the United States, or in a court of a State, or to attend to any other interest of the United States.
1223	[O]nly where an initial pleading reveals a ground for removal will the defendant be bound to file a notice of removal within 30 days. Where, however, such details are obscured or omitted, or indeed misstated, that circumstance makes the case stated by the initial pleading not removable, and the defendant will have 30 days from the revelation of grounds for removal .... to file its notice of removal.
2363	the party to whom the sum is owed may as a matter of right recover prejudgment interest at the legal rate of six percent [per annum] running from the date the sum is due.
2611	[T]he time from which the statute of limitations begins to run is not the time at which a plaintiff becomes aware of all of the various aspects of the alleged fraud, but rather the statute runs from the time at which plaintiff should have discovered the general fraudulent scheme.
4544	[A] favorable decision would .., prevent[] further expenditures for enforcement of the identity theft laws.
3543	exercise their sound discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first in light of the circumstances in the particular case at hand.
2283	derogation of the search for truth.
2299	A finding is clearly erroneous if it is unsupported by any facts of record or if the appellate court after reviewing all the evidence is left with the definite and firm belief that a mistake was made.
4586	A construction of the federal statute which permitted a state immunity defense to have controlling effect would transmute a basic guarantee into an illusory promise; and the supremacy clause of the Constitution insures that the proper construction may be enforced
4432	in determining whether the pleaded facts give rise to a ‘strong’ inference of scienter, the court must take into account plausible opposing inferences.
4893	 ‘only if the verdict is so seriously mistaken, so clearly against the law or the evidence, as to constitute a miscarriage of justice.’ 
4479	the court should not dismiss the complaint for failure to state a claim ‘unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ 
4705	by dividing his total remuneration for employment ... in any workweek by the total number of hours actually worked by him in that workweek for which such compensation was paid.
2820	In its * * * courthouses, and other public buildings, the (municipal) corporation has no proprietary rights distinct from the trust for the public. It holds them for public use, and to no other use can they be appropriated without special legislative sanction. It would be a perversion of the trust to apply them to other uses.
2350	our focus is not so much on the district court’s ruling as it is on the administrative ruling.
3659	When applying the substantial evidence standard, the court may not substitute its judgment for that of the agency when the choice is between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo.
2055	Indeed, the presence of a federal basis for jurisdiction may raise the level of justification needed for abstention.
2513	integrally bonded ... free of adhesive,
2129	something more than ‘not arbitrary or capricious’ and something less than ‘supported by substantial evidence.’ 
3953	there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.
4501	General jurisdiction exists when a defendant has ‘continuous and systematic contacts with the forum state sufficient to justify the state’s exercise of judicial power with respect to any and all claims.’ 
4210	the fee was directly and reasonably incurred in proving an actual violation of the plaintiffs rights ... and ... is proportionately related to the court ordered relief ... or ... was directly and reasonably incurred in enforcing the relief ordered
1972	particularly describ[e] ... the person or things to be seized.
3777	a ‘credible risk the [ordinance could cause self-censorship and chilling of expression.’ 
2008	takes the plaintiff as he finds him.
4243	The function of a patent is to add to the sum of human knowledge. Patents cannot be sustained when, on the contrary, their effect is to subtract from former resources freely available to skilled artisans.
2726	failed to show materially changed conditions in China,
4709	construe the facts in the light most favorable to the non-moving party and ... resolve all ambiguities and draw all reasonable inferences against the movant.
1858	unrealistic assumptions will be adopted and extrapolated, greatly multiplying an award beyond reason, and rewarding preparers of imprecise claims based on undocumented costs with unjustified windfalls.
287	[t]he word ‘any’ when ‘[r]ead naturally ... has an expansive meaning.’
3693	could have had no legitimate reason for its decision.
2070	 ‘ a reasonable man in the suspect’s position would have understood his position’ in the circumstances then obtaining, to be tantamount to being under arrest.
4499	[i]n analyzing the due process limits of personal jurisdiction, a distinction is made between ‘general’ jurisdiction and ‘specific’ jurisdiction.
2713	parties may then rely on the Rule’s explicit terms in presuming that the fact-finder will not thereafter change for the claims raised in the complaint.
3091	when the district court disposed of the ADEA claims, the pendent claims became subject to dismissal for want of subject matter jurisdiction
3192	 ‘whenever there is a substantial question about the safety of a registered pesticide.’ 
3727	when the patentee has used restrictive conditions on licenses or sales to broaden the scope of the patent grant, [] an accused infringer may invoke the doctrine of patent misuse to defeat the patentee’s claim.
724	[t]he issue of initial coverage [was] not raised by the parties to this appeal ... and we therefore do not address it.
1458	must review all issues which are reasonably raised from a liberal reading of the appellant’s substantive appeal.
2811	The factors to be considered by th[e] court in determining whether a transfer is appropriate under Supplemental Rule F(9) are the same as those developed by the federal transfer statute, 28 U.S.C. § 1404(a).
3107	requires that an air carrier and its employees establish a system board of adjustment with jurisdiction over disputes ‘growing out of grievances, or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions.’ 
1487	because she entered into a marriage, which she did not intend to be bona fide, for the purpose of securing an immigration benefit.
2761	[We] review[ ] a variance for reasonableness ... by evaluating the district court’s analysis of the § 3553(a) factors, whereas [we] review[] a departure [by] consulting] the relevant guidelines provision in order to determine whether the departure was appropriate.
4842	It follows [from CTS] that when a state attempts to regulate voting rights in corporations other than those it has created, such corporations will be subject to the law of more than one state, which imposes an impermissible risk of inconsistent regulations by different states that may adversely affect interstate commerce.
4417	[T]he Defendants cannot be held liable for failing to disclose ... publicly available information.
3710	The factual, allegations of the complaint are presumed to be true, and the motion is granted only if the plaintiff fails to allege an element necessary for subject matter jurisdiction.
2334	It may be safely said that if those skilled in the mechanical arts are working in a given field, and have failed, after repeated efforts, to discover a certain new and useful improvement, that he who first makes the discovery has done more than make the obvious improvement which would suggest itself to a mechanic skilled in the art, and is entitled to protection as an inventor.
2199	should receive significant fees when he has won a partial victory on a civil rights claim while receiving substantially the relief he there sought_
3510	[U]n-less an officer of the United States can justify that which he did by reason of some official connection' between the acts complained of and his official duties, the proceeding is not removable.
2639	When Negro representation on venire lists is not extremely disproportionate to the Negro population in the parish [county], the burden may be a heavy one.
2517	Proof that a letter properly directed was placed in a U.S. post office mail receptacle creates a presumption that it reached its destination in the usual time and was actually received by the person to whom it was addressed.
294	In reviewing whether the nonmoving party has met its burden, the court must stop short of weighing the evidence and making credibility determinations of the truth of the matter. Instead, the evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.
2842	located at 1919 Jackson St., Scranton, Pa.
1509	generally the inquiring party is concluded by the witness’ answer when cross-examination relates to a matter collateral to the issues, and he may not later rebut it for purposes of impeachment.
1914	or that the defendant’s actions were intentionally deceptive thus giving rise to a rebuttable presumption of consumer confusion.
3814	makes a firm distinction between prior restraints and subsequent punishments.
3764	ask whether the plaintiff could, or rather should, have brought the second claim with the first lawsuit.
3411	To be admissible, 404(b) evidence must (1) be relevant to one of the enumerated issues and not to the defendant’s character; (2) the prior act must be proved sufficiently to permit a jury determination that the defendant committed the act; and (3) the evidence’s probative value cannot be substantially outweighed by its undue prejudice, and the evidence must satisfy Rule 403.
2786	questions going to the merits so serious, substantial, difficult and doubtful as to make them a fair ground for litigation and thus for more deliberate inquiry.
713	generally to contract actions and specifically to insurance contracts
419	‘the general bankruptcy policy of fostering the rehabilitation of debtors [will not] serve to preempt otherwise applicable state laws dealing with public safety and welfare.’ 
3756	1) whether the issues are fit for judicial decision and 2) the hardship to the parties of withholding court consideration.
131	whether the challenged action was a matter of choice for the acting official
3689	any reasonably conceivable state of facts that could provide a rational basis for the classification.
845	grounds for 'irreparable harm include loss of control of reputation, loss of trade, and loss of goodwill,
1394	we presume these acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors.
1123	invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive ... bears the burden of showing the likelihood of incurring such costs.
1561	existing state election and political laws
1455	does not necessarily negate the possibility that it is also packaging preparation made to facilitate handling in transportation.
2175	[T]he [attorney’s] bill need not be swallowed whole by the client’s litigation adversary just because it is the [attorney’s] bill.
4173	Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments and protects all but the plainly incompetent or those who knowingly violate the law.
3868	enough facts to state a claim to relief that is plausible on its face.
2362	[p]re-judgment interest in Pennsylvania contract cases is a matter of right and is calculated from the time the money becomes due or payable.
4138	[p]ain is subjective. Given the level of pain that the patient is suffering, the patient’s own pain threshold, the risks and possible benefits of an operation, and the pain of surgery, there is nothing odd about someone waiting years before undergoing elective orthopedic surgery.
4695	[b]ut when Congress does -not rank a statutory limitation on coverage as jurisdictional, courts should treat the restriction as norijurisdictional in character.
1960	An indictment is duplicitous if it joins two or more distinct crimes in a single count.
192	a plaintiffs choice of forum should not be disturbed unless the reasons for transfer are clear and cogent.
51	A discretionary sentence imposed within a properly calculated guidelines range is presumptively reasonable.
4206	 ‘[A] court is to apply the law in effect at the time it renders its decision, unless doing so would result in manifest injustice or there is statutory direction or legislative history to the contrary.’
3784	Restrictions upon nude dancing are considered content-neutral because they are aimed at the so-called secondary effects of nude dancing and not at expressive conduct.
1901	 ‘reasonable mind might accept’ a particulár evidentiary record as ‘adequate to support a cohclusion.’ 
1402	designate the [Carpenters] [UJnion as their collective-bargaining representative.
607	for the wisdom of Mr. Justice Brandéis in Pacific States Box & Basket Co. v. White, 296 U.S. 176, 186, 56 S.Ct. 159, 163, 80 L.Ed. 138 (1935), that ‘where the regulation is within the scope of authority legally delegated, the presumption of the existence of facts justifying its specific exercise attaches alike to statutes, to municipal ordinances, and to orders of administrative bodies.’ 
2758	seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.
770	the failure to receive relief that is purely discretionary in nature.
2807	the clause [was] triggered for [plaintiffs] in personam claims, and she exercised the clause by bringing her claims in diversity rather than in admiralty
3822	[A] city may require the license applicant to bear the burden of proving that it is engaging in protected activity.
3129	[e]quality of distribution among creditors
1277	at the pretext stage where the factual inquiry into the alleged discriminatory motives of the employer has risen to a new level of specificity.
2630	 ‘defies rationality' by ‘rendering] a statute nonsensical [and] superfluous.’ 
1159	The credibility of a witness is in the province of the factfinder and [we] will not ordinarily review the factfinder’s determination of credibility.
3674	because section 848 applies only to a person in charge of a CCE, one cannot incur liability for aiding and abetting such a person.
4522	Disputes over irrelevant or unnecessary facts will not .preclude a grant of summary judgment.
1689	For purposes of a motion to dismiss, [the Second Circuit has] deemed a complaint to include any written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference ..., as well as public disclosure documents required by law to be, and that have been, filed with the SEC, and documents that the plaintiffs either possessed or knew about and upon which they relied in bringing the suit.
4991	Examination of some of the materials could lead to the reasonable conclusion that their prurient appeal would be more acute to persons of deviant persuasions, but it is equally clear that they were intended to arouse the prurient interest of any reader or observer____
2914	devoid of evidence of guilt or the evidence [is] so tenuous that a conviction is shocking.
1064	 ‘It is not the habit of the court to decide questions of a constitutional nature unless absolutely necessary to a decision of a case.’ 
3621	[W]e will reverse only if no reasonable jury could have found [Ea-son] guilty beyond a reasonable doubt.
715	either the insurer or the insured may attempt to pierce the allegations of the underlying complaint and prove that the insured’s conduct was not, for example, negligent as alleged, but deliberate — or vice versa.
515	What is the most integrated setting under the ADA and Olmstead,
2645	very de cided variations in proportions of Negroes and white on jury lists from racial proportions in the population, which variations are not explained and are long continued, furnish sufficient evidence of systematic exclusion of Negroes from jury service.
1499	The leaning of the courts is so strong against repealing the positive provisions of a former statute by construction as almost to establish the doctrine of‘No repeal by implication.’ 
2587	the claims or defenses of the representative parties are typical of the claims or defenses of the class * * *.
4059	failure to disclose pertinent information
2073	A warrant-less arrest requires probable cause, the existence of which must be determined in light of the information that law enforcement officials possessed at the time of the arrest. See United States v. Diallo, 29 F.3d 23, 25 (1st Cir.1994) ‘Probable cause exists when police officers, relying on reasonably trustworthy facts and circumstances, have information upon which a reasonably prudent person would believe the suspect had committed or was committing a crime.’ Young, 105 F.3d at 6. To establish probable cause, the government ‘need not present the quantum of proof necessary to convict.’ (citing United States v. Uricoechea-Casallas, 946 F.2d 162, 165 (1st Cir.1991)).
4774	it is ‘ “highly probable
3694	could have had no legitimate reason for its decision.
3702	A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.
4772	the rule that the prosecution has a right to refuse a stipulation
3931	may not create a factual issue by filing an affidavit, after a motion for summary judgment has been made, which contradicts [his] earlier deposition.
722	a teacher’s sexual molestation of a student could not possibly be deemed an acceptable practice.
115	the United States, as sovereign, ‘is immune from suit save as it consents to be sued ... and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit’
2778	The proper time to assess willfulness is at the time the in-fringer received notice ... making the relevance of later developments ... questionable at best.
1929	An assignment would be valid whether noted on the policy or not, when the clear intention of the decedent to so proceed appeared, for the action of the company in making such an indorsement is ministerial in character. * * * 
4961	It is the applicants’ burden to precisely define the invention, not the PTO’s,
4721	employees, engaged in interstate commerce.
279	the employer ‘knew or should have known of the employee’s propensity for the conduct which caused the injury’ prior to the injury’s occurrence.
4691	 ‘jurisdiction must be shown affirmatively, and that showing is not made by drawing from the pleadings inferences favorable to the party asserting it,’
3200	solely to determine whether the order of suspension was arbitrary, capricious or an abuse of discretion, or whether the order was issued in accordance with procedures established by law.
2071	A warrant-less arrest requires probable cause, the existence of which must be determined in light of the information that law enforcement officials possessed at the time of the arrest. See United States v. Diallo, 29 F.3d 23, 25 (1st Cir.1994) ‘Probable cause exists when police officers, relying on reasonably trustworthy facts and circumstances, have information upon which a reasonably prudent person would believe the suspect had committed or was committing a crime.’ Young, 105 F.3d at 6. To establish probable cause, the government ‘need not present the quantum of proof necessary to convict.’ (citing United States v. Uricoechea-Casallas, 946 F.2d 162, 165 (1st Cir.1991)).
4698	To prevail on a claim under the FLSA, a plaintiff must, of course, demonstrate that the defendant is covered by the Act, such, as by. showing that 'the defendant constitutes an enterprise engaged in commerce. However, this required showing is simply an element of the cause of action. A plaintiffs failure, to make this showing constitutes a failure on the merits.
2781	failed to make a compelling showing of the requisite objective component of a well-founded fear of persecution.
943	[d]rugs distributed by a co-conspirator in furtherance of a conspiracy are attributable to a member of the conspiracy so long as the distribution was ‘reasonably foreseeable’ to that member.
36	[Pjrocedural irregularities during the course of a civil case, even serious ones, will not subject the judgment to collateral attack.
1221	the presence of a non-diverse plaintiff may be ignored if it is not a real party in interest
2183	should be reduced or even denied altogether
1442	[T]he Fifth Amendment entitles aliens to due process of law in deportation proceedings. At the core of these due process rights is ... a meaningful opportunity to be heard.
4570	(1) the issue sought to be litigated is sufficiently similar to the issue presented in an earlier .proceeding and sufficiently material in both actions to justify invoking the doctrine, (2) the issue was actually litigated in the first case, and (3) the issue was necessarily decided in the first case.
539	[T]he Supreme Court has made clear ... that reference to nontextual sources is permissible.
3008	identified several factors that have particular significance
79	the fundamental nature of the right of one accused of a crime to call witnesses on his own behalf
2361	[p]re-judgment interest in Pennsylvania contract cases is a matter of right and is calculated from the time the money becomes due or payable.
4143	The cause of action for loss of consortium is designed to ‘compensate for the injury to th[e marital] relationship’ and to ‘the interest of the injured party’s spouse in the continuance of a healthy and happy marital life ... An award for loss of consortium may include components for both the past and the future.
2990	no reasonable investment-backed expectations that were affected by this regulation
4503	A federal district court sitting in diversity must apply the law of the forum state to determine whether it may exercise jurisdiction over the person of a non-resident defendant. However, constitutional concerns of due process limit application of this state law.
2067	the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.
4890	 ‘Only rarely — and in extraordinarily compelling circumstances— will we, from the vista of a cold appellate record, reverse a district court’s on the spot judgment....
2520	at a minimum the affiant must have personal knowledge of the procedures in place at the time of mailing.
3506	The issue is not simply whether the defendants acted under [federal] officials but whether they are in danger of being sued in state court ‘based on action taken pursuant to federal direction.’ 
613	Even though a tax attaches to a transfer when the transferor has reserved a life estate in the property, however, it can be avoided by the subsequent relinquishment of the life estate before the death of the transferor, if such relinquishment is not made in contemplation of death.
3547	assum[e] that the version of the material facts asserted by the non-moving party is correct.
2567	Habeas corpus is the exclusive remedy for a state prisoner who challenges the fact or duration of his confinement and seeks immediate or speedier release, even though such a claim may come within the literal terms of § 1983.
1931	exercised dominion and control over the images.
3858	a larger company could with impunity infringe the senior mark of a smaller one.
1784	the same meaning unless it is clear from the specification and prosecution history that the terms have different meanings at different portions of the claims.
3062	admits of no room for credibility determinations, [and] no room for the measured weighing of conflicting evidence such as the trial process entails.
2724	IJs and the BIA have a duty to explicitly consider any country conditions evidence submitted by an applicant that materially bears on his claim
988	demonstrate, through specific facts, that a trial-worthy issue remains.
85	whether the plaintiff has ‘alleged such a personal stake in the outcome of the controversy’ as to warrant his invocation of federal-court jurisdiction and to justify exercise of the court’s remedial powers on his behalf.
4646	the judicial editing of history.
1697	a clearing agent, is generally under no fiduciary duty to the owners of securities that pass through its hands
4213	It is well settled that district courts have considerable discretion in awarding attorneys’ fees, and we must not overturn an award by the district court unless it is clearly wrong.
1110	clar-if[ied] the standards to be applied to motions to compel arbitration, identifying the circumstances under which district courts should apply the standard for a motion to dismiss, as provided by Rule 12(b)(6) of the Federal Rules of Civil Procedure, and those under which they should apply the summary judgment standard found in Rule 56.
3502	Boyle displaces state law only when the Government, making a discretionary, safety-related military procurement decision contrary to the requirements of state law, incorporates this decision into a military contractor’s contractual obligations, thereby limiting the contractor’s ability to accommodate safety in a different fashion.
4361	whenever an action is sufficiently firm to be accorded conclusive effect.
1429	touches a sensitive area of social policy upon which the federal courts ought not to enter unless no alternative to its adjudication is open.
2864	[I]t would have been impossible to discover that there was more than one basement apartment until after the rooms in the basement had been searched.
4849	required judges to make significant value judgments, leading to a wide diversity of rulings on whether particular expenses were justifiable,
1292	strong and compelling reasons to the contrary.
2769	effectively encouraged patent counsel to place only the most favorable version of the facts and the law in their opinion letters, even if these attorneys are aware of other information which is far less helpful to their client.
4637	this procedure need not be elaborate and can be satisfied with less than a full evidentiary hearing
415	A bankruptcy court’s decision granting or denying injunctive relief pursuant to Bankruptcy Code § 105(a) is reviewed only for abuse of discretion.
3112	Congress did not intend the RLA’s mandatory arbitration scheme to apply to ERISA claims
4011	show that [Defendant’s] components have no substantial noninfringing uses.
4728	where the employee’s connection with anything affecting interstate motor carrier operations was so indirect and casual as to be trivial.
275	Monell does not provide a separate cause of action for the failure by the government to train its employees; it extends liability to a municipal organization where that organization’s failure to train, or the policies or customs that it has sanctioned, led to an independent constitutional violation.
1244	[T]o constitute an ‘initial pleading' under the federal statute, the summons with notice ... need only have allowed the defendants [to] intelligently [] ascertain removability.
4414	[A]n entirely truthful statement may provide a basis for liability if material omissions related to the content of the statement make it ... materially misleading.
1736	A defendant must be able to ascertain easily the necessary facts to support his removal petition. To allow a document with less information to satisfy the statute would require the movant to 'guess’ as to an actions’ removability, thus encouraging premature, and often unwarranted, removal requests.
390	has a right for the visa application to be processed and a final, thorough decision made
3735	This means, of course, that the trial court is to exer cise a sound, legal discretion, that is, a discretion ‘guided by accepted legal principles.’ 
3904	... the trustee shall immediately surrender such nonresidential real property to the lessor.
4060	failure to disclose pertinent information
4566	jjf]ederal law governs the interpretation of contracts entered pursuant to federal law where the federal government is a party.
3066	The evidence illustrating the factual controversy cannot be conjectural or problematic; it must have substance in the sense that it limns differing versions of the truth which a factfinder must resolve.
4946	the ordinary meaning in the context of the written description and the prosecution history
4021	may excuse failure to file