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When Congress mandates a specific definition of a statutory term, an agency cannot interpret the meaning of the term differently under its regulations. Twombly; sufficient factual allegations required for Fed. Judicial impartiality is not a compelling enough interest to justify suppressing candidates views, government regulations that supress speech on the basis of its content must be narrowly tailored, first amendment. Nontestimonial evidence obtained as a result of a defendant s voluntary statement given without the benefit of miranda warnings need not be excluded at the defendant's trial; fruit of the poisonous tree doctrine. Crossmedia Services, Inc.; when a benefit is offered subject to stated conditions, and the offeree takes the benefit with knowledge of the terms of the offer, the taking constitutes acceptance of the terms.
In-house counsel may bring a common-law action for retaliatory discharge resulting compliance with Code of Professional Responsibility provision that represents a clear and definitive statement of public policy. Sweet; plaintiff in a transactional malpractice action must show that but for the alleged malpractice, it is more likely than not that plaintiff would have obtained a more favorable result; but-for causation. In re Primus; when freedom of association is involved, the state must demonstrate a compelling subordinating interest, and that the means employed is closely drawn to avoid unnecessary abridgement of associational freedoms. Carona; the government may use deception in its investigations in order to induce suspects into making incriminating statements, even if reprensented by an attorney. CERCLA authorizes contribution for environmental cleanup costs from other responsible parties only when the party seeking contribution has been sued under CERCLA 106 or 107(a). The EPA authority under the Clean Air Act includes the power to mandate the inclusion of emissions-control designations in pre-construction permits AND the power to determine whether the designations are in accord with the provisions of the Act. Jayco, Inc.; summary judgment testimony usually form of an affidavit or sworn statement even if a court's consideration of inadmissible evidence is in error, such error is harmless it if does not affect any party's substantial rights. Eminent domain, inverse condemnation, just compensation, ripeness, taking, environmental concerns justify limitations on development, when a regulation denies all economically beneficial or productive use of property. Eminent domain, just compensation, public purpose, takings of private property for use by other private citizens pursuant to a carefully considered economic development plan intended for a public purpose are valid under the Fifth Amendment. Heller; Words and phrases in the Constitution are to be interpreted according to their normal and ordinary meanings as understood when the provision in question was adopted; second amendment. Freedom from Religion Foundation; Taxpayers have standing to bring Establishment Clause challenges to a federal expenditure only if that expenditure is made pursuant to an explicit congressional authorization; establishment clause. Raich; Medical marijuana; Prescription marijuana; THC; Congress may regulate intrastate activity if there is a rational basis for concluding that the activity may have a substantial effect on interstate commerce; necessary and proper clause. Georgia; The enforcement power in the Fourteenth Amendment gives Congress the power to create a private right of action for violations of the Amendment; Americans with Disabilities Act; sovereign immunity. CSuspicionless drug testing of public school students involved in extracurricular activities is reasonable means of furthering schools interest in preventing and deterring drug use. If law enforcement officers have reason to believe individual giving consent to search has authority over premises to be searched, then entry will be validated even if it is later determined that person did not have authority to consent. Indigent misdemeanor defendant is entitled to appointed counsel at criminal trial when suspended sentence of imprisonment may later be enforced upon revocation of probation. Criminal defendant does not have constitutional right to appointed counsel to assist in pursuing discretionary appeal in state court or petition for certiorari in supreme court of united states. For purposes of Miranda, interrogation occurs when police either expressly question suspect in custody or engage in any actions or dialogue that police should know is reasonably likely to elicit incriminating response from suspect. Ed Stefanko; Contract provisions requiring the issuance of an injunction are not binding on the trial court; granting or denying a preliminary injunction rests within the trial court's equitable discretion, Hall Street Associates, L.
The EPA may consider both the health effects of pollution and the cost of abating it when determining whether a state SIP fails to comply with the Clean Air Act. Navigable waters; The phrase the waters of the United States, as used in the Clean Water Act, includes only those relatively permanent or continuously flowing bodies of water forming geographic features; wetlands are not navigable waters. Goldstene; If the California motor vehicle emissions regulations are granted a waiver by the EPA to the Clean Air Act, enforcement is not prevented by the doctrine of conflict preemption or by express preemption. Duke Energy Corp; A Clean Air Act permit is required for any physical change in, or change in the method of operation of, a major stationary source that would result in a significant net emissions increase of any pollutant. EPA; EPA is not properly exercising its duty under the Clean Air Interstate Rule unless it is promulgating a rule that achieves something measureable toward the goal of prohibiting sources within one state from affecting another state. National Highway Traffic Safety Administration; NHTSA has a duty to assess environmental impacts, including impact on climate change, of rules; enviornmental impact statement. Defenders of Wildlife; Endangered Species Act § 7(a)(2)'s application limited to actions in which discretionary federal involvement or control, and thus it does not apply in the context of mandatory EPA actions. Punitive damages awards must be weighed against the compensatory damages; reprehensibility of the defendant's conduct, disparity between actual harm caused and amount of the punitive damages awarded. Content based restriction, prior restraint, requiring permits for all public assemblies does not infringe on the freedom of speech, content neutral regulation of access to public property, provides adequate standards. Fourth amendment; right against self incriimination. The fifth amendment does not prevent compelled disclosure of client materials disclosed to an attorney where the materials would not be privileged in the hands of the client. The privilege against self incrimination protects against being compelled to provide information to a grand jury about the existence of sources of potentially incriminating evidence.
C; For an attorney statement in the course of representation to form the basis of a misrepresentation claim, the statement must be more than a legal opinion and must relate to actual facts. Only increases in per hour emissions are modifications requires preapproval. 1367; if federal court has jurisdiction over a federal claim, it has supplemental jurisdiction over state claims so related to original jurisdiction that they form part of the same case or controversy. First Bancorp; no supplemental jurisdiction (formerly ancillary jurisdiction or pendent jurisdiction) if plaintiff's state law claims substantially predominate over the federal claims or raise complex or novel issues of state law. The collective rights interpretation of the second amendment is affirmed; right to maintain an effective state militia and does not establish an individual right to own or possess firearms for personal use, right to bear arms. Clarkstown, ordinance that discriminates against interstate commerce in favor of local business or investment is per se invalid, unless municipality demonstrates it has no other means to advance a legitimate local interest. An in court identification of a defendant by a witness must be excluded from evidence if it is based solely on a pretrial identification that was obtained without notice to and participation by defense counsel. The compulsory production of private books and papers subject to forfeiture compels owner to be witness against himself and is equivalent to an unreasonable search and seizure. La Salle II, LLC; the doctrine of impossibility of performance excuses performance if objectively impossible due to destruction of the subject matter of the contract or by operation of law.
Marshall; bankruptcy judges are not constitutionally vested with jurisdiction to decide state common law claims against an entity that is not otherwise part of the bankruptcy proceedings; Northern Pipeline; Norberg. Ickes; the border search doctrine is not subject to a First Amendment exception; the government's interest in preventing the entry of unwanted persons and effects is at its zenith at the international border Employee handbooks; employee manual; human resources; anti-fraternization policy; workplace romance; non-fraternization policy; anti-fraternization policies; employee rights; dating a coworker; coworker relationships; employment lawyer. Private Securities Litigation Reform Act; the allegations in the complaint, taken together, must give rise to an inference of scienter, which requires that the defendant made false statements, knowing that they were false. Makor Issues & Rights, Ltd.; Private Securities Litigation Reform Act survives motion to dismiss only if reasonable person would deem inference of scienter cogent and at least as compelling as any opposing inference; scienter. Criminal defendant due process rights are violated if the prosecutor charges defendant with a more serious crime after defendant exercises statutory right to challenge conviction for less serious offense arising from the same conduct. a criminal defendant in federal court is not entitled to a dismissal of the indictment because the prosecutor failed to present to the grand jury substantial exculpatory evidence. no need for severance exists until a defendant makes a convincing showing that he has both important testimony to give concerning one count and a strong need to refrain from testifying on the other. A bank or other institution that receives a check for deposit has a duty to exercise due care to make sure that the depositor is the intended recipient of the funds.
What is ethical; business ethics; ethical issues; ethics requirements; ethical responsibility; ethical standards; attorney ethics and professional responsibility; legal ethics; mandatory ethics CLE; ethics class; ethical businesses. Energy Systems, Inc.; mere congregation of a corporation's directors in same room does not necessarily result in a board meeting, and does not obviate the need for adherence to corporate bylaws and General Corporation Law. Haft; Under Delaware corporation law, an interest sufficient to support an irrevocable proxy must either be an interest in the stock itself or an interest in the corporation generally, such as being CEO. Shareholders Litigation; The fiduciary duty of loyalty requires directors and officers to offer investment opportunities derived from corporate business to the corporation before acting on them individually. Private Securities Litigation Reform Act; Connect the inferences fraud Rule 10b-5. Securities and Exchange Commission; Because investors rely on the reputation, integrity, independence, and expertise of an underwriter, the underwriter has a obligation to investigate and disclose material facts. Despite a claim of innocence, the fifth amendment protection against self-incrimination is available to all those who have reasonable cause to apprehend danger from a direct answer. Perjury; criminal defendant is not deprived of the effective assistance of counsel when his lawyer admonishes him not to give perjured testimony and threatens to disclose to the court any false testimony the defendant may give.
Mc Nulty; Ordinarily, the conduct of an attorney is imputed to his client, since allowing a party to evade the consequences of the acts or omissions of his freely selected agent would be inconsistent with system of representative litigation. Mitsubishi Motors Corp; When a lawyer inadvertently receives materials that obviously appear to be subject to attorney-client privilege or otherwise confidential and privileged, the lawyer must immediately notify the sender. CITGO Petroleum Corp; Non-refundable retainer fees and other non-refundable provisions in attorney fee agreements will be upheld if reasonable; sophisticated client; contract is in writing; incurred expenses. UBS Warburg LLC; Once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a litigation hold to ensure the preservation of relevant documents; spoliation. City of New York; To prevail on a claim for denial of a fair trial due to prejudicial publicity, the plaintiff must establish (1) improper leaks; (2) in fact denied a fair trial; and (3) other remedies were not available or used to no avail. Environmental Assessment; when an agency has no ability to prevent a certain effect, the agency cannot be considered a legally relevant cause of such effect; so under NEPA, the agency need not consider these effects in its EA. United States; Mere knowledge that spills and leaks occur after the sale of a chemical product is insufficient for concluding the seller "arranged for" disposal of hazardous chemical for CERCLA liability. Preventative detention of criminal defendant does not violate substantive due process under fifth amendment nor constitute excessive bail under eighth amendment if clear and convincing evidence defendant presents threat to safety of community. S.; if a party repudiates a contract, the other party is entitled to restitution for any benefit he has conferred on the repudiating party by way of part performance or reliance. Jackson; The Federal Arbitration Act puts arbitration agreements on equal footing with other contracts, and requires courts to enforce them according to their terms; unconscionability challenges. Cendant Mobility Services Corp.; a promise that the promisor should reasonably expect to induce action or forbearance and does is binding if injustice can be avoided only by enforcement of the promise. Morell; even when there is no fraud, there may be mutual mistake; where both parties share a common false assumption about a vital fact upon which their bargain is based, the transaction may be avoided.
Dep't of Interior; promulating a regulation is not the type of agency action ripe for judicial review under the Administrative Procedure Act until there is a specific factual situation; APAStern v. Safe-harbor provision of 27A of the Securities and Exchange Act; fraud on the market theory; forward-looking statements must be accompanied by meaningful cautionary statements that adequately identify important risk factors. Tellabs, Inc.; When inferences of scienter drawn from the plaintiffs' complaint are at least as strong as any opposing inference, the plaintiffs have successfully pled the necessary scienter. Scientific-Atlanta, Inc.; To sustain a § 10(b) cause of action, there must be "requisite causal connection between defendant's misrepresentation and a plaintiff's injury." ; causation; proximate cause; reliance. An accused who requests the appointment of counsel at arraignment is permitted under the sixth amendment to consult with that counsel during any custodial interrogation by the police, absent waiver by the accused. Representations made by a debtor in a purchase-money security agreement regarding the intended use of the collateral will be binding on the debtor and will determine whether the collateral is for business or personal purposes. An employer may order a plant closing or mass layoff before the conclusion of the statutory sixty-day notice period if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable. Clay Ward Agency, Inc.; assumption of personal liability by a member of an LLC is so antithetical to the purpose of a limited liability company that it must be stated in unequivocal terms. In order for media coverage to infect a trial with unfairness, a juror's preconceived notions of guilt or innocence must prevent him or her from rendering a verdict based on the evidence presented in court. Even when capital defendant family members and defendant himself say no mitigating evidence, lawyer must make reasonable efforts to obtain and review prosecution evidence of aggravation at sentencing phase of trial. Counsel's failure to obtain the defendant's express consent to a strategy of conceding guilt in a capital trial does not render counsel's assistance ineffective when it is reasonable under the circumstances. a defendant can lose his right to be present at trial if, after warning by the judge, he conducts himself in a manner so disorderly, disruptive, and disrespectful of the court that trial cannot be carried on with him in courtroom. Millard Refrigerated Services, Inc.; limitation of liability in a warehouse receipt will limit liability, unless the damage was from the the warehouse's conversion of the goods to its own use. Chase Bank, USA; Unauthorized use of a credit card is use of the card by someone without actual, implied, or apparent authority to make charges, and from which the cardholder receives no benefit. Shell Oil Co.; claim for bad faith price setting; a price in an open price contract is set in good faith if it is commercially reasonable and nondiscriminatory; disparate pricing between jobbers and dealers is not evidence of discrimination Central Washington Refrigeration, Inc. Barbee; Uniform Commercial Code; indemnity actions are governed by separate statute of limitation; implied right of indemnity; separate equitable cause of action; UCC. Certified Packaging Corp.; security interest includes the proceeds from a recovery for decreased value of collateral, and not for loss of use of the collateral; destroyed property; damaged property. A person has a duty to avoid affirmative misrepresentations in referral letters and a duty to disclose omitted information if a fiduciary or confidential relationship exists or a pecuniary interest Racing Investment Fund 2000, LLC v. AFSCME Employees Pension Plan; bylaws may be unilaterally adopted by shareholders only when they appropriately relate to corporate processes rather than substantive decisions and do not otherwise violate the law. capital offense; death penalty; death sentence; voir dire. Public Company Accounting Oversight Board; Multi-level protection of executive officers from removal is contrary to Article II of the Constitution's vesting of the executive power in the President; Sarbanes-Oxley; inferior officers Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Thomas; when services provided by shareholders and their counsel result in a financial benefit to the corporation, they are entitled to a fair fee. Underwriters performing a due-diligence investigation of two bond offerings by World Com, had a limited number of conversations with the stock issuer and its auditor, made only cursory inquiries, failed to look behind formulaic answers to questions. First Derivative Traders; For purposes of Rule 10b-5, the maker of a false statement is the person who has the ultimate authority over the statement, including content and distribution. Independent source doctrine applies to both evidence obtained for the first time during independent lawful search, and also to evidence initially discovered during, or as consequence of unlawful search, but later discovered independently. A buyer of goods, who gives value for the goods and receives them after the certificate of title is issued, takes the goods free of a security interest perfected in another jurisdiction. Patchak; suits under the APA must satisfy both Article III's standing requirement and be arguably within the zone of interests protected or regulated by the violated statute. Harris; Amending agency interpretation; when agency gives regulation a definitive agency interpretation, significant revisions require notice and comment under the APA. Duff & Phelps, Inc.; If a closely held company withholds from an employee-stockholder material information about possible increases in stock value in breach of its fiduciary duty, the employee-stockholder may be entitled to damages. M & F Worldwide Corp.; business judgment standard of review governs going private mergers with a controlling stockholder if independent special committee and informed vote of a majority of the minority stockholders. Oklahoma Alcoholic Beverage Laws Enforcement Commission; the type of business entity chosen may affect the types of business that can be conducted by the entity if it affect the licenses the entity may obtain. Ritter; In the absence of red flags alerting corporate directors to misconduct, good faith is measured by the directors' actions to assure that a reasonable reporting and information system exists. Underwriters performing a due-diligence investigation of two bond offerings by World Com, had a limited number of conversations with the stock issuer and its auditor, made only cursory inquiries, failed to look behind formulaic answers to questions. Colkitt; Under § 29(b) of the Securities Act of 1934, party may rescind contract that, when made or as performed, violates federal securities laws; convertible debenture; debenture; rescission; scienter. National Australia Bank, Ltd.; Subject matter jurisdiction in a fraud case exists if conduct in the United States was more than merely preparatory to fraud, and directly caused losses to foreign investors abroad; extraterritorial jurisdiction Business Roundtable v. WPCS Int'l Inc; A beneficial owner's acquisition of securities directly from an issuer, at the issuer's request and with the board's approval, is a "purchase" of those securities under Section 16(b). Right against self incrimination; right to counsel.