we reply well this court the federal circuit has some of those are general statements of superiority that examiners are cautioned not to rely on they're supposed to wait until they get that so in the law and of course the examiner here rejected the


so that that is that is what we have at the present time observations and photographs which put together showed that they were using this equipment even on the floor of the trade china at the same promise as just press


i think that in that situation you have two options i think you can go through the hobbs act as a challenge at a court but at the horror appeals so i think you have two ways of going about that i think the other important thing instead of and right and really the more important thing stop


the proper interpretation of three point one five do you think what you're saying and what you're saying is that the board has an obligation to assess the admins to make a determination first as to whether it's new material before it can make a


sell doesn't that broaden it out you're trying to say this is a very limited little agreement m and it reads to me very broadly and nowhere does it reference patents coming more and if you would conceivably


we filed a notice of disagreement right you would not have that right what seventy one of the five that requires is not it's easy is a state of the game there was no statement of the case issue as for


fail the dumping margin when one person is commerce allowed to take the ninety nine percent dumping margaret and say that's what we're going to use this adverse fact available even though it's only one of a thousand


if claims one were found non credible the only way you can preserve it by just saying you want to preserve it you have to actually demonstrate claim by claim by claim with the different scopes are that would allow one to be patentable even if the other is not


the merits of that and that's being litigated at this moment before work is contracted and has been being litigated there's been proceedings depositions hearings in the worker's comp proceeding involving that precise issue american


heard in addition you previously have the assault at his home town that he moved three hours away in an attempt to avoid this for internal relocation as a very young man and you had another saw at the hands of a different organization so if you look at the


consider country conditions report probability those d issues because i don't see it here your honor if the court does feel that there's insufficient basis for you to understand why you would want to send it back i will think is it really your position


worse to describe the bright payment again this is the idea that this will be presented to the jury of completely independent things i mean we have cited throughout the trial opening closing the charge that they were tied together


years ago on how the d responsibility review was going to be determined the responsibility or view was given a much broader scope consistent with the with this court's opinion at that time and that is now in


and therefore always survives and lewdness claim because of the availability of nominal damages finding that we intentionally voluntarily waived a claim her nominal damages here is effectively a conclusion that we


imagine someone who is able to visit this impressed to commit some sort of a fraud or some sort of a crime but is not in a position to launder the funds it could be for example mr tobin


was convicted of the st court terrorizing another or or in reckless disregard of the risk of causing some terror because when if we if we must if we apply the modified categorical


that is included within the face of the indictment her


written is all of these different is interact in order to show that's not true and that makes it appropriate evidence on the question of intent and that's why the scheme is just scribed in the


i was attempting to answer it directly i am reading from the defendant's proposed instructions instead when you're assessing whether the government has proven beyond a reasonable japeth


but i would say that they also have to have you know a reason to believe that the passenger compartment contains that if they can look in the passenger compartment that's the same limitation that applies to the trunk they just have to have another reasonable suspicion that there's one of the evidence in the trunk but it has to be


could challenge it and isn't it the case that good faith really applies when you have a good faith belief in the constitutionality of a search not a good faith belief that someone could could challenge


contract to get back i believe i got sidetracked to get back to the question that the panel posed about listing the statutory claims one of the point i didn't want to make is


all of the cases that i've cited have held that is another kind of to a waiver in addition we have the explicit waiver of the judicial for and that can mean nothing else because as i've said the


defendant is should be a criminal defendant should be advised of the status of the consequence of a plea on their immigration status in those cases talk about it would be reasonable enough to objective a reasonable person would have relied on the state of affairs rather


and not this design and the function the friend plays a very particular role in decipher ing those two flexible steelcase that lucky placed same point or with a pattern


judge forty crims is the number and even though the statutory range doesn't change for someone convicted of forty grams we still want you to give him a new sentence a more lenient sentence than the one you gave


i agreed to thirty three grams back then because it just didn't matter but the reality is i would have a really good argument that it's not thirty three grams is twenty seven our answer is let's have at it but that that is the appropriate that person does have a right that's right and we should have a hearing


reasons it will create so many conflicting cases so many conflicting policy reason so many click conflicting results from the established body of law when it comes to analysis of employer liability in situations such


resist your friend suggestion that it's the discourse as a whole of subject matter jurisdiction and then however we chop that up is really a matter of venue so the response to that is that the judge in some briscoe california did not exercise subject matter jurisdiction


process of ten angry prince faction they refused to inspect it so the point being this to the context of the party's behavior and we do discuss your honor the part of the context of the part of the history


rather than the judge saying oh this is this is what this means well whether or not there is an ambiguity on the face of the contract is a question of law for the judge but i think there is not an ambiguity the judge correctly found that your honor


because in order to find mr boies guilty beyond a reasonable doubt the jury necessarily had to be convinced beyond a reasonable doubt that mr boies knew its status such that it were heap instruction would not have led to a different conclusion and i


a month or six months the government would just say hey the guy knew all along it doesn't matter i take it that would be your position right now the


and maybe we would be in a position to allege an injury in fact i'm not getting the business i would otherwise get because your macon the mott the dealer in the next town over a better deal than you're making me and just because i can't afford to do all the stuff you want doesn't


middle of trial where there's the judge says to go for three you know sustain over rules and there's no indication of how the balancing is if you will for a free question have been heavily briefed were discussed in an extensive


address if you have the modify impose words are chosen by simply by congress there are two different word choices there does one lead us


to question as to whether this good faith the fund is tailored to a specific constitutional claim or is kind of i'm calling to covering the waterfront type i'm inferring that your answer is that it covers the water front based on


obviously not just best addressed that must be addressed by this court different relief sought different considerations so the in time that the state court considerations are obviously quite important and they will be we're hoping to be


there there was a slight distinction in saying that there was a discussion of whether or not having the legitimate public purpose could could affect it in the dissent but i think it it still follows that those three elements of


age of the compared or whether it's ten years his junior twenty years his junior believed to be in his forty's or thirty's and really it was your client on notice as to who what's in play here right and that's what the rules require exact


suggest that we should read


record because what happened is she mentioned removal or deportation three times and you have to strain to consolidate that down to two and say it was a repetition so let's assume we've got past problems one and two let's assume i disagree


a bargaining unit protection that's exactly what that is a a no lay off guarantee in consideration for a broader some contract of contracting out right is very basic and very substantial and labor


we started argument he asked could they abolish the entire union and council directors that it was just related to this one position that was not the case and never was the case the case was d always


protection and advocacy i think has given us some guidance or some criteria in any event as to whether a state is a real defendant in interest or how do we apply that here


discussion as to how the evidence before the sisters forth i'm going to was accepted and what wasn't accepted but again i think what the prior panel elucidated in its opinion was the fact


about the distributions they were aware of the sales aren't i don't think there's a dispute about d d i don't think anyone is disputing that there was a debtor who was sued or threatened was suit so i think we could skip that


sure more is required so isn't your strongest argument not that there are gaps but that jennings says that there has to be class wide relieve the remedies injury that every class member


most lawyers don't do this i would ask that you one let us ask the questions stop so we can ask you the question listen to the question and answer the question we have asked you and yet i don't want to be patronizing for you it most lawyers do not


time a number of bars is not interested what would be the remaining constitutional concern with funneling them through that procedure read the been our right george negus i think that the answer is that we would have a problem with the ability of the petitioner especially in a


that the cases have gone in different directions and i'll talk about that but there are certainly cases that have held as ms martin says that the government should not get a nd by in some cases fully aware of that we didn't think it was a subterfuge we instead thought


guideline range is sixty three to seventy eight months and to achieve a higher sentence becomes a greater burden at that point on the government we now have to persuade the court that there should be an upward variance in addition this notion of an upward variance in this


access to this money we know that keller had access to all bank accounts he had direct access to the wells fargo account he was forging tipped and signature on the bank of america account and even if he didn't access the money what does it matter


across a stretch of open track with a band of men on their way to work it stands beside them in the silent desert where the only sound is the sound of their tools and their voices it walks with the man who works alone


i want bill to learn what they can rinse and greed can do so i left and i want him to know that he can hope for a life of freedom and prosperity and happiness only if we care for our resources and guard our liberty


relationship with a peer if you're concerned about the time the bus is dropping you want you know really anything like that you can go to your school counselor some of the things that we've implemented in the high schools we're going to ensure that school counselors are actually going out


tongue cancer is found among pipe smokers the increase in heart ailments in recent years alerted medical research to a closer observation of smoking habits of heart patients there seems to be considerable agreement


were really happy there and definitely demonstrated the ability to be a little bit resilient we've demonstrated the ability to be resilient before so you know i think for for our guys and for our coaches you know we're not lamenting a fourteen


mother cat is coming toward an old apple tree but the kittens aren't far behind


this is one point three seven but that's in allegheny county which makes a world of difference because they're assessed value is different but let's take a look at some of the things that they've had to do this past year to in fact try to meet their budget requirements which


the biggest bug in the world is the goliath beetle ok which can weigh up to three point five ounces and could be four point five inches long the treacher love can live up to thirty years


available from its reserves to help investors over fifteen billion dollars that's how much as sipc has made it possible for investors to recover what is a sipc it's a securities investor protection


ingenuity as improvements make these diesel power unit smaller more practical for the horsepower produced today's overhead valve days l n gins are important factors in modern american power


once again the seven point six five percent is removed once it's the federal taxes in fact are taken out from the some other things that he promised ok the money the president participants paid would be a put into a trust fund


here's one that's usually very interesting what was the name of caroline kennedy's pony was it old blue paint or macaroni


and the physical attributes of the person more than anything else but when we talk about commitment i think these next couple will demonstrate the commitment these folks have to give not just for the time that they're working but let's take a look at that they


there's a copy of the pins that they are after two years ago or is given a wreath that pin is worn and repels signifying that they served as a guard at the tomb of the unknown


that they count to just the people who are walking from the direction that the board faces and for the same reason they discount one half of the automobile passenger come in the case of mass transportation carriers


and sort of experimenting and sharing those experiences across the district and so that's that's going to be pretty exciting to see the results and and to see the excitement amongst our teachers in doing so i know for our departments you know


i mean people so people nodding yes i'm talking about the mass incarceration of people of color this is on president of the numbers of people that are in jail for basically nothing is astonishing the whole


come from twenty states this particular group this from minnesota eight summer national farmers union hold all states can and in the past ten years more than three thousand five hundred youngsters have


animals ok if we can go through the first graphic we have maybe we have some nathan warsi who is a big fan of yours i understand and he also


upstream and you find out that well that's just kind of how we do business in our family and we connect that to outcomes which means that your kids are bullying in school because that's how they feel that they get through life you begin to make a connection and parents can make an adjustment yeah you


is what we want from you you will not get brownie points for sending them things they did not ask for in fact your application may be disqualified if you send them things they did not ask


to fish for information to build that special focus resume because you haven't built your complete one it may not be complete may not be accurate so those are the four ways that you may need to maintain a resume


begin and where do we start by finding our tallest healthiest posture so i am going to invite you to bring your feet about hip with a part what do i mean by they are we've got some big ole


a paper per serving selected war materials to make them stronger more durable more efficient and from the same resin scrap the work product of asian men developed case


school so that students do their research on that from the japan foundation where you were gifted so electronic dictionaries and will watch a little clip on


that so that students can go in and see if they hear it going on the cutting the different different scripts so and even down at the elementary level the teachers in the


teachers who influenced me tremendously i actually communicate with them to this day we get together once a year or so and it was just the teacher who just had such an impact on me and i said that's what happened if you want to grow up


he was a firm but fair and funny teacher he's the one who actually pushed me beyond the typical levels of an elementary school student and challenged my thinking


a certain time they can make arrangements then whenever they pass away that their child can be interned and is it interned in the same plot or a different plot or i'm trying to you know my hand grasp


working with many schools across the country and we as we read about their work it's very similar to the work that we are doing ourselves and so it made sense then to reach out to to them and


go deep enough enough that you've got me that you will release the toxins in that part of your body and unbelievably your thumb is your


about a recent dr oz show he talks about the when you use the restroom and was talked about many things like that actually but whatever you use the restroom when you're washing your hands you should wash for twenty seconds minimum i've noticed that ever since


you when you're talking about these they're like little salt sized nodules they're not even that big but you can feel them you know that they're unusual they shouldn't be there your skin sinks in words injured


in i mean i never learned this in our our health classes era peters and so i mean that's something that i think that certainly as time has come i've seen it work successfully like i said not just on people but also on animals and it


but i am also providing a lot of great feedback to the teachers i'm setting up observations so they can go into the other teachers to learn from them i've also been working with our assistant superintendent we went to try state


was let's say a little i'm conventionally wore birkenstocks every day and rode his bike to school and i remember people saying that he was he was a tough teacher


fifteen years companies would expand if they could if they had employees they would expand we worked really closely about twenty five companies in southwestern pennsylvania and then our students generally will go off to a pool of run one hundred employees one hundred companies in southwestern pennsylvania so


procedures or pictures from local flags that aren't being flown correctly yes we're i'm getting a number of people sending me pictures of flags flown by neighbors or businesses that have tears that are being flown with lights except


about the project so it was really more focused on what research i was doing and what resources i had and where it was taking me and how it's modifying the project rather than the typical in will performance review at the end


am trying to piece out my project a little bit to not make those assumptions so i'm taking lessons from teaching tolerance and diverse perspectives and breaking them down to that's age appropriate


the zoning districts in pennsylvania and to take it a step further the areas where shale gas is present and drilling is going on if those people were subjected to industrial uses in


say you have to plan for sewers and water and oil and roads and all the things as a township grows so you have to be able to predict where growth will be how growth will occur and be able to say that this will be a direction a


why do you take one of them out of context so it's you know on that basis of there i think a lot of that that's where a lot of people get confused on this but the other thing is i think a lot of the a lot of people who who are


talked over the case with maybe other times when the two of you were alone together i don't like that implication to all and i don't either but i've got a very strong feeling about you i don't think the college just walked up to you on the street not a hot


a boy down by pay attention now it was a very simple thing to find out that bailey was going to spend an extra month in chicago all i had to do was call it office call and could have very well done the same thing all right we know where he


estimates five eighty five nine a buck seventy five this is a large man sixty three to twenty five she says and she owns the perp her perpetrator left the t v on so there's some


she said is there a problem with that there's no evidence no she didn't think there's a problem in the court said really you don't think there's a problem there's no evidence supporting your theory there wasn't any evidence the evidence is an absence of it you have detective sculls testimony about the chain of


before regulation goes into effect so there was no violation of the unless the court has any other questions and any question yes you can hear me


defense how bad permits the court upon screening to determine whether or not it states a claim in the first instance and in the second instance to determine whether or not we've to mention granted in this


testimony was that she felt that the district kind of wanted her to be that way and so that she was referring to the message conveyed by the by the monument now to judge hardness point that testimony


residing in maryland and virginia and then you have these cases around the country addressing valley forge and trying to say what is the standard for what standing actually is and that's the direct and walk in context end of this when so often used by the court


report was for this point was focused on the damages and the fact that the the there was no allegations that and this is when you go to pages eighteen and nineteen or further into our very far that is what the district court said this record said straight up


thought this was a class action but now with the benefit of hindsight everyone was wrong ok well we don't have what it is that you agree with i don't know well i don't know if i go that far but i think that there were there were some mistakes made and it how the district


a jury looking at all the evidence to make a determination that no we think francis had a different role we we think he had a different role in this that that that's for didn't as a matter of law


the defense is a large part of it he says that it wasn't him he did not do the shooting there was someone else there so that aiding and abetting instruction was fair and it covered the fact that the defense was


does not provide fair notice as to what has been charged so that mr prayed a t n you know plea double jeopardy is a bar has no idea what he's being charged with i think when you look at the indictment as a whole


push your business entity out of our municipality or we're going to take legal action against you civil legal action and this court in our city maxwell said that those threats were not sufficiently course we also said in the glock


controversy the supreme court is saying and saying repeatedly that the question needs to be defined so that not only is there a standard out there but the official would know that their conduct violates the standard thank you your honor i thank you very much healey


we're not really dealing with a legal dispute of any sort we're dealing with what is fundamentally a question of historical fact which you lost in front of the arbitrator if that's true but this is a question


it doesn't it doesn't i still have to do were very case and i still have to do risk assessment if i'm going to follow a categorical approach under night when i don't i yes you do if you're going to follow a categorical approach in that


some light on this did your client step up and say i'm pleading guilty but not anything that happened before that i am mark later i'm i'm guilty of fraud but not for anything before that i mark it by virtue of the fact that he pleads


that led to the offense or conviction it was not and in and of itself it was a means to an end and the means to an end would be to cover up fraudulent activity and billing for non medically


certainly attempt to obstruct justice and commit crimes and still abuse a position of trust you know just the the attempt it could have been successful it wasn't in this case but it certainly could have been


aligned themselves with the medical groups and organizations where they work within the group so if you're a patient of one doctor they will be a referral to another another doctor wore a medical facility within that same group of


strategic choice to be seen with the actual market effects and that's what the district court and then address because it could the district court adopted a market power and now assess market powers as a market power analysis is supposed to be a surrogate for direct


matter who the shooter is if the jury finds that the they were in they were an accomplice or a coconspirator the jury found defendant guilty of conspiracy to commit armed robbery as well finding therefore that he


however he says in the circuit have determined that if there's no genuine issue of material fact that the knowledge state of mind see enter element whatever it is called can in fact be decided at the summary judgment stage and


brief quest certification and to this court so that was not before the court that was not an option here there's been this briefing in the record before the district court there is briefly before this court we recognised that classification as


it forward any point in time you appellant could have moved to add a second it akin to the case could have moved to amend could have done any number of things but instead he decided to stand on his complaint and there are very real consequences to that and the consequence is one of the


difficult because the insertion of those three words really did make a fundamental change in this column nexus requirement but to address judge jordan's question here about is it more like a twelve six is it more like a propane one is an initial


of what is being argued is trial counsels are still pretty appeal is trial counsel it was easier not to say hey you can't do this without the kind of probing inquiry that pennsylvania law


professional employer organizations where they kind of do that and it's there were congressional hearings about these kinds of situations that the payroll service provider the professional employer organization the agents under thirty five zero for a sort of three different kinds of disservice


information what was to be so that it wouldn't be objectionable but it was objectionable from the start if they were as they are now claiming that it


part and you're saying that they didn't need it so what we really come down to is we have an administrative agency asserting forty and saying don't pay attention to that we've got better authority here give us broad discretion and that that's kind


bar this is a situation where the sentencing guidelines by the door that is there's nothing that a person in mr school used position can do to meet their requirements and get a lower sentence it's not like you can take a college course or get a


make a mistake provided he didn't step out of line so for example if he sends to a ten year sentence he knows he's getting out in seven so when we are what happens is the florida legislature says ok we're going to change that phony a little bit by the way it's to your detriment so


but they were on their way to arrest cult members on top of that the home office operational guidance you know observes that the police commissioner which is where the where this petitioner said he was wrong said that


police commissioner said that the federal government was doing its best to talk a cop violence and this was repeated in the canadian immigration refugee board report that was also in the record all of these all of the background country evidence report here


people took over a portion of federal land yesterday would not leave they were there for weeks and ultimately they are they have left they're gone the government now wishes


then all at the same time one goes the rounds from the east entrance to the west and to go in since they're sitting right near the break in the bar which normally that's that's very unusual stephen where the


days to these things happen and there's more than ample evidence that those things did acquire each vendor testified about the amount of money they made each year from the j r a there was no indication that their work ever stopped in fact they talked about you know currently what their


just continue to roll your debt and then whenever you need it you just pull the rip cord when you take the security isn't the answer to that too bad for the associate producers because if something is bought and purchased and you own it


right but my theory is if they want to have seen a video of ben there's unduly prejudiced that they may have second guess what the same because originally with when he gave his first two statements to the government he said he didn't really know my client he didn't have anything to do


conspiracy and attempt there may be a substantial step may be a more significant step towards the exact crime as opposed to the simple over an act that confirms that people are not just talking to each other but there really is that the


brief there's a bit apartment it's a lemonade it there's a position that's a limited there's no longer a need for the particular job that's being a lemonade in this instance that wasn't the case the same work the gentlemen seen was doing had to be done it


thousand dollars from that work multiservice was paid multiservice was paid six thousand dollars over those three and a half years and one of that one of those jobs was mr safari and fixing


course is the original case which talks about how the spoken spirits the receipts and variances says apart from the much larger number of agreements they are involved no two with those agreements were tied together as


tito testified that he went up there and heard this conversation in chambers with the judge and with the usa said my client wants to withdraw his plea but we also know from what the judge said at the very beginning acknowledged


march two thousand and eight the record shows that mr martino said i want a letter with mr advice about the ability to withdraw the plea mr martinez testimony in the evidence your hearing was he corrected that mis advice and time marched on and in


individual arbitration in kuwait owes me macy's another central district of california case employee chris action again their better motion to dismiss and a class certification motion


investigation in the complaint process is tempered utilized in the appeal of it is dickens's personnel action or most fundamentally no nowhere at all because declarations are are developed and signed and utilized in all kinds of non litigated


lawsuit in the removal proceedings on petition for you then castro turn would be all right absolutely and i just want to remind the court that one of these individuals already had


it's true which i don't believe it is that a continuing course of conduct will permit them to sue us again which i don't think is the case even if it were the relief they're seeking is exactly the same


you have one about what about the context of the other language and the terminations well so i believe the the anticipated language is clear or at least and big us as to whether it


for that information to the investigations unit which then we conduct an investigation into his application and find that he's lied about the circumstances surrounding his departure from the former senate taishan in the new city housing authority so we're not talking about two different


we're talking about musculoskeletal impairment right and the medical the can be consulting doctor takes a look at the m r i and sees what that finding says and says you know


it is up and down because part of it is if she's doing some work activity that's analogy just although it's not equal to work she gets worse and then again with with all the conditions all psychiatric


close in this case because she has periods of time where she is very limited in her activities and it coincides especially with when she is doing some work


and questions for mr grattan you know all right well thank you both we will reserve decision well i usually certainly got our money's worth in terms of time and i appreciate the effort that went with the bank thank you let me thank


counsel and the error was in putting together the appendix for for this court that is what the declaration attached to exhibit twenty five below indicates and i have no reason to question it or to validate it but i do know


buzz feed reached out for him to comment on the story a thing they did so often that mr lighting testified what a pain in the neck it was that buzz feed kept contacting him instead of responding to buzz feed he called his buddy at the


years which he has not begun serving at he is at liberty in the community and the parties i think are in agreement based on the papers but he does not pose either a flight risk or a danger to any person or or of the community in


plaintiff had gone to doug shaping the director of h r in his capacity as a title nine officer point of it already put him on notice at that september meeting that he was complaining of sexual orientation directly to david he


said he did speak for the sake well certainly has mr newton's prior experience on on his probation with treatment that was problematic in some ways and he was not


applied but the district court was very particular and noting that the guidance of this court indoor v and considering those things but certain factors with mr newton it wasn't just that he had six hundred images he had a one thousand


allegations were ever brought against the s c a c s a responded indicated that that should not be permitted because adding her allowing her to file a nd amended complaint to bring those allegations against c s e and or


a to send notice to mrs peters what the requirement would be your honor that u s a s duty to defend would continue unless and until it satisfies not even a party to


may please the court my name is hilary banker and i'm here on behalf of defendant appellee kathleen peters the plaintiff commence a school case in the northern district of new york against my client for negligence and bodily injury


one of the things that the special conditions specifically called out is since in circle in the richmond circle i read the letter it says the sentencing circle it's purpose is for everybody who participates to arrive at a consensus of what the sentence


reasonable this review as this court is very much aware can be in a review for an abuse of discretion and frankly the failure to exercise discretion can sometimes be abusive in the context of this case there's two


used to warrant consumers is to follow federal regulations that are intended to ensure that consumers receive the gods but we have always been clear that we are making state law claims as an aside we


more issues that you and more advice that you're trying to make the more litigation you're going to create


your honour's what happened here you have conversations between the roomba and cincinnati that are orchestrated by the rube after two years of his doing everything he can to ruin her own along


have and there are a lot of decisions like this where where i see your honor has been so issue quite a few decisions referencing the inherent power of federal courts and the trouble that happens with with these cases is sort of a shorthand reference to federal


that we're doing this and you know after it told the bankruptcy court sanctions should be progressive in nature and we will not have the defense the nd time around of being a st time violator but that's where the seriousness and the consummation


reimbursement of expenses of a standing trustee appointed under section five hundred and eighty you know what i found on the bank a few cases where bankruptcy judges have reimbursed costs and attorneys fees to a trustee if you're saying all those those cases are wrong you can't it's


ok so under but under an abuse of discretion standard one court d held that the insurance company had acted reasonably in not paying benefits to dr gas goes with that and the other where the court adjudicated the case no but the court


would be unconstitutional if you need a license to do it but with respect your honor at the instructions for how to build a nuclear weapon are online on multiple different websites and they're not being regulated by the state department all right the new version of your weapon that they don't


starts hold on to them and then let's have a probable cause hearing later so i think numerous cases though approved of that process when before when the seizure is temporary and limited both in time and in scope which it is here when the case returned to the


trampled for over two hundred years and in this particular instance the doctrine is being challenged and i am appearing in it not just on behalf of my client yes in the


vehicle that he is in or was in or is going back into that's not what occurred in this case in this case mr kellogg was not doing that he was not focusing on his vehicle if he had been worried because you have to think there was something


ringler associates incorporated but there's no evidence that those commissions were ever paid to mr mayor so what hartford did what hartford life did was rely on the documents and information that ringler associates


five which are essentially a mirror image that require disclosure of documents regarding what the reg called the adverse determination on review right but after a limited set of documents that's


insurers review both the initial one and repeal and after the appeal i would disagree with that your honor that that in the section of the regulation it specifically addresses the content of the letter deciding


to return the child in light of the grave risk findings in the st appeal the nd circuit this court remanded the case to explore what your honor talked about before putting the child in the placement of a rd party perhaps in


deprivation of liberty is concerned so again i don't suggest that legislative history is not a method of statutory construction and it will be but to read a statute st


a day a reasonable accommodation met look very different than if they're unable to walk for a period of weeks or a longer amount of time and of course that's what congress intended in the in the amending the idiot congress specifically said that the question of disability


affidavit which was alleged to be both perjury and obstruction of justice i think probably my time is about to expire and so i thought your time expired a while ago but go ahead you can send a shot though i i would


customers that was that part of the negotiations the terms for that independent contractor relationship was that c n n paid for a pay for the services based on the actual costs of operating that was the way the


federal statute that does not specifically speak to a question like this background question of corporate law is that we look to the well established common law rule the whole substantial continuity theory of successorship


court consistent with section four of the federal arbitration act to compel the dispute between a c n and the plaintiffs to arbitration so i think this is actually it's there are plenty of cases and we've


activists and in our central and part of what those agreements were actually governed by us law had us form selection so the fact that there had to be there is as was pointed out a registration where there's a transfer of share that's not dispositive


may be indeed a jury issue about whether there was constituted material support to hamas and that is simply not enough if it were enough lindy would not come out the way it did and the court would not have decided to let


as the court noted involves checks but the th circuit case involved an altered and altered a check that was and the court explained it was an actual negotiable instrument


persistent and they you know one of the and then of the defendants deny that there were procedural wrongs here and that this rent increase was imposed outside of proper process and so in light of all


that courts don't read in restrictions into the plain language of the statute to follow going just curious question is sort of somebody that's carrying gasoline engine setting


court thank you thank you


an appeal in this case where it's going to work to look at two issues whether the notice of appeal was timely filed in this case and the second issue of court size that was was whether or not farmers that commission of insured person violates


doesn't occur until two months later and what the plaintiff seeks is to have the enforcement of the domestic violence act the enforcement of this act continue for that entire two months


would be in the children's best interests to terminate her printer rights the appellate court majority reversed reading section two dash for one c of the juvenile court act to bar terminations of parental


a reasonable degree of concern for the child's welfare or under the other grounds for unfitness if they haven't made reasonable efforts to the return of the child or to correct the conditions that were the reason for the child's


if we want to look at the rationale and happening which adopts the procedural substantive approach and is i understand your opinion and have any you can you say that if it's a substantive


balancing issue it's the second prong of landgrab right i would say i'll come with yes or that's the second prong of commonwealth in the way i mean the way this court articulated it is that it is if you look at this court's lengthy discussion


and yet the trial court may have decided this case as stevenson talks about on wholly subjective determinations on predictions that may have been wrong that cases


of the evidence cases never be decided this is not the time to for guard appellate review


mandatory the how i would suggest that the way to read that as the court deems proper such direct inquiry is the court deems proper is that i think that that is going back to the


there's forty lawyers in the room and there's twenty defendants the judge might say you know this is really complex we're going to need a couple of days of questioning of these jurors in this case it's a little dui case i mean if the judge wants to say listen


questions if you look at the record after she completed her board year i asked me i suggest certain additional questions rest certain additional questions and was said and and was told no but you did have the appetite


scientific testimony in there which case it might be an abuse of discretion for the trucker to say i'm not to say i'm not going to allow direct supplemental questioning to the entire jury veneer it would have to depend on the facts and circumstances of each particular case


if i understand you correctly you're saying by creating the trust and giving early the power point went over the trust when she exercised that that was the situation the children or grandchildren were married she


defined it to be an agricultural use of the land but apartments been answering that question constantly throughout its briefs and in fact in its original decision when it said that prior to x ation right the use of the land was


finding was incorrect so they're sitting on their hands and letting the court lay in the court room and for what they would consider to be a useless attenuation hearing they would be a waste of everybody's time because according to them they're the


her after the attempted to rob her the victim quickly flagged down a passing motorist and that passing motorists called nine one one within two minutes of receiving a radio dispatch including description


officer turned left this parked car turned in the opposite direction away from the officer as they were both making their turns of certainly mate eye contact with the driver and the driver of that car


begin with and the officer himself could see that hopkins did not match even the most rudimentary details so it should this court choose to revisit the question of probable


the city argues of the plans because of the phrase if any are not protected property rights but are mere unilateral expectations chicago is the bonds are worth nothing because the existence of any tax increment is speculative chicago is wrong this argument


in addition to bondholders attorney tempted to characterize the bonds as an incumbrance on the redevelopment property but the bonds conferred no protected interest whatsoever in real property again pursuant to the to facts the sole source of payment was


cause some delay which could be a hardship for the defined it but the appeal is so important that the delay is necessary the public has an interest in ensuring that the fact that the allegations of the criminal allegations are accurately determined and state


previously been convicted of armed bank robbery specifically what's at issue was what court took place over the course of three and a half hours during which time five notes were sent by the deliberating


issue its cashier's check well there may have been overwhelming evidence that david at david hernandez the president of e t i stole money from his wife and mother that he forged documents that he coerced and abused


issuer of a note he has on a cashier's check and thus equated notes and cashier's checks it also provided under the revised for one to that the application of a bank to honor a cashier's check is only owed in this is important to


some minor wording and these statutes were amended jointly by the new public act


the first office with then attach that which was well in this case the clerk chose to attach it to the old for c f thirty six zero seven again without a subpart against it i don't think the


technical again clearly again a unique set of facts but when we have conflicts arising between everyone's interests the state's attorney the clerk the how many pieces of paper holder writing all of that


appear to conner and didn't even subpoena her to the second trial so we don't know why that happened but in conclusion your honour's i've asked you were burst the defendant's conviction for lack of proof beyond reasonable doubt thank you


is simply just too attenuated from games and mental health diversionary services to find a rational relation between the two so this and the state actually tacitly concede this much it doesn't make any counterarguments


mean that would basically make rational basis good enough to it still has it reversed i think the question is whether or not it seeks to and i think jones even uses that word seeks to intends to ok and the statute refers i mean it starts out by thing to finance ok


morning mark levine of the office of the state appellate defender and i'm representing mr card i'm mr card i'm was convicted of harassment of a witness which is a class two felony he was sentenced to


that fully aware other than an oral agreement i guess just about everything is an instrument of writing so if that was the by word of this whole case and the case was to be so broadly construed


be in the millions of dollars so pre judgment interest depending upon the given case can't have a chilling effect unless commented the this what is the pension act really there


make clear in our brief senate is a position that the defendants maintain yes but there is no need for every man and for that reason as far as it to finish up on prior


caused the ninety nine will in which he benefit was wrongful so that will would have to be set aside as a practical matter probably correct but you're too late to get that done i guess you would acknowledge that under the


forty one didn't hear the necessary elements you asked the state appellate founder to go and have bad attorney we brief it because the record was eight thousand pages that attorney then again wrote a deficient brief


not merely that i'm the arbiter of facts or the finder of fact but i can decide who your attorney as i can decide to remove your attorney and i can decide who to replace that attorney with and that is unconscionable and that


and he made a second one on august sixth two thousand and two in the trial court suppressed only a portion of the july thirty first statement suppressed the portion after the arrival of counsel at the police station and it suppressed that on my colleague rounds


somehow different and that's one of the primary arguments i defend it makes with respect to his theory that the other provisions in the act even if it somehow different doesn't make him beat us it only makes


sir and that basically or that is that is it into a nutshell around and i'm suggesting that the the teared system that we have is one in which i'm not


so all and of course the record your honor is available before it so those are the documents that are available before this court to reveal and your honour's my understanding according to case law that the this court may review those documents and


penalty twenty eight thirty five should have been employed on our web or if it were in a case like in the case where an employer was excuse me in a case


areas in which a party can object to personal jurisdiction under two three zero one i think that i don't think there's any question but that no b s waived service of process and insufficiency of process by proceeding further in the case i don't believe that no


vigil that was on the list and not making contact with them is not complying with her legation to go through the informal counseling she had plenty of time within the forty five day period


petition its way so you're telling us inferentially that the matter was been handled regularly according to the statute and all the sudden this is an aberration where the court didn't play by the rules exactly and in the court of appeals


didn't say would you have gone to the dealership would you go into a dealership it didn't even you know refer back to the specific length of your dealerships that have been questioned earlier that have been specifically


your client ever contact counsel for the class no


summary judgment that was granted on judge in a brown on or about twelve or twenty fourth in her order judge brown going to defend his motion on all claims including his underlying pin the claim that was


defendants are now allowed to move these cases under the guise of a federal question or as the guise of diversity in the two situations that we're arguing is that the situation is different diversity is the basis and the justification for the sneak holding


fees authorizes them separately or as a part of hostile now while just an hour did not have the benefit of the champion produce decision yet before him when he when he ruled below she reached the same fundamental


at all related to anybody's bankruptcy one of the trust beneficiaries douglas miller filed a chapter eleven bankruptcy in montana the bankruptcy court took jurisdiction over the


engaged in banter with coworkers totally separate and we also have a court order for having that kind of evidence from coming in a trial so it's a completely different situation the fact that padding the dean viewed it as one that she didn't need to act upon because of her assumptions about


my remaining time for a


and i recognize that this is a minority rule i recognize that it's a very narrow view of what these exclusions are but the law of montana is what governs this case that's undisputed and montana has been completely clear when it


brief there were discussions of atlanta new orleans d c denver and problems i believe in north dakota but i don't believe that there was ever a finding in washington


predecessors to teach twenty one were viewed as requiring a ten percent set aside in the contracts and it was across the board the regulations changed as a result of adarand and the government's belief that


there is the ability that if you don't meet the d b e requirement you may rely on good faith effort the evidence shows that in the history of the d d e program in washington only one contractor was able


implemented together when they couldn't do it alone let me ask you were sort of procedural question of your appearance summary judgment are you asserting that there are questions of fact which would require a trial


simplest the simplest answer perhaps of the day there is no clear guidance with respect to the indian child welfare act as to what residency means i have to assume that it means living where


seven different categories and two of them were the over buying and and of the acquisition of competitors which were unchallenged by


but that doesn't make it conclusively so that it was merely a training program in fact i think it was more like a probation somewhat like in the last case i think it stretched alderman raise raise the issue that they put specific


were evergreen flew on an airplane by airplane basis well more than three hundred hours in november of two thousand and two fleet as a whole average more than three hundred hours did happen every month no it didn't happen every much that's why we had


was not about personal expense reports and that's one of the errors that's one of the basis is to refute that jumping a little ahead to the defamation claim is that there is no pattern of falsified cation there


were ten percent errors five percent had missed codings why not follow the practice that was followed according to not tells testimony according to plaintiff's testimony and according the huckster's testimony the


of the attorneys an explanation as to why he did not make more of the i was at work the count with respect to december eighth and in september twenty sixth i think the answer is there's nothing in the record there is not a transfer explanation that's


she denies that the question of whether she was told that anything was being done whether or not that mr burnham and mr abbott were told anything about the specific mr abbott mr burnham said they were


now i also like to point out that some of the mail that would be at issue here could be very very important mail and it would be completely irrational for the department of corrections to censor for example if king county or some other county were to send up property


traditional publication or someone is making a prints of something like a poster or something where we're talking about an images posted on a website so that it can be sold and the image comes


but before we get there i think the court should remember the question of whether this order was even appealing the issue was raised earlier and then i think sort of put aside for the under of for this briefing


habitat the first conclude it is that quote the amount of spotted all habitat removed will not significantly reduce the amount of suitable habitat available in late succession reserves the second liston reason talks about the redundancy built into the northwest


his second conclusion in granting summary judgment in joining the diversion that the canal itself off route would be diverted in there but again there's there's just not sufficient evidence


take a you've got to have species present there and then because the endangered species act is a forward looking thing a group like my clients get an injunction that's forward looking to stop harm in the future you've got to explain why those


that year two thousand and one so we settled with them they've been out of the case that biological assessment is the forest service as expert units that has this diversion needs a measuring device ahead kate like all the versions have so you can measure how much


wrote was that yes there is a fundamental bedrock issue of why did issue but the reliability part of it was not met because we find that it judges germination under those arizona cases


to remove it's high level waste characteristic and leave it behind you politically suppose the brilliant d o d scientists covered a way to convert all


that was made until november twenty eighth two thousand when hitchcock says i consider the matter closed so that the district court was wrong about relying on the november


so i'm not sure that this is the kind of taste that howard is that there's a question whether he was able to be heard he was able to be heard the district court decided the merits if he did not for their challenge and


because they said this governor did not have that authority to enter into those agreements and both of those cases are limited to that that's not the issue here what they are trying to gin up if you will some kind of


senator's expressions on the floor when he explained visitation to the homeland security appropriations bill now as the u s supreme court put it in lucas versus southern california coastal council findings of that nature are


can give them instructions and then go through the various procedural sats that are appropriate in a remedial action when you purchase i suspect grace would disagree on the cost is no object if p p a had relocated everybody i'm sure grace would be objecting to


yes well maybe not if the issuing company doesn't have any employees and you're directed to the issuing company how are you going to follow up with them because they don't have any employees in fact call it the overarching company


well that's that's the central point of this this matter i mean we don't we need to understand that i mean the thirty thousand foot level view of this case in the first case the court


went to adjust status with immigration so that he could continue to pursue a professional basketball career unfortunately immigration lost some of his applications and so he was while he was working


risk this does not mean that the detainee can't be placed in the general population what mr shays asked this court to do is to find that as a matter of constitutional


to assist mr sze when it was not medically necessary to do so there are questions here thank you


extent and expression is intelligent enough to merit first amendment protection you know you and i probably would agree that it wasn't a very effective humorous statement


north pacific one for company lest one testified along the lines of the court has just mentioned it was a very standard promotion process i have an assistant manager i want to make him or her a manager in that position they will get a client


because you may have some argument with respect to the detention but at least i would think you would have a few people interested in listening to an argument that you prevailed on the class action on the injunction even though it was in place for a time because us


contract that paid at millions of dollars and telephone call and mate revenue and the city of minneapolis and consolidated marion county of marion we have an agency


of thirty seven years or even attorneys of ten or fifteen years in practice of her sister it's a precipitous drop of attorneys willing to accept these cases already exists plaintive respectfully submit to your honor's that we don't need to worsen this


weighed their opinions in accordance with the regulations and provided good reasons for finding each of them work a little weight the ael jaden more than met her burden of minimally articulating her reasons and substantial evidence


it is not something that is strategic it is something that is simply a mistake and if we were to stay true teacher he was making the argument that he was already being that his prior drug sales were already accounted for in the guideline range


pressure got more intense as her emotions were higher there were more officers in the room the interrogation had been going on for a longer period of time they repeatedly bring up you know if you want to get home to your kids for


that in this case it's complete speculation to base an entire summary judgment finding well halfway on this on this statement because there's absolutely no evidence as to what mr mackintosh meant by this and in fact directly following the statement in his


the injuries that mr prince one thousand and six dollars led to his neck and right arm and it's with that in mind that the illinois arbitrator said dr spencer who was of the opinion that his


medicine the department of correction still retains that under this protocol and there's no guarantee that you'll ever get it there's no remedy you can't go into natural rule to show cause because you haven't been treated you just wait your


resolution of mr shavers case was an abuse of discretion for three reasons st because mr schaffer's alleged misstep failing to update his mailing address a single time nearly two years into litigation is not the type of agree just repeated


case if a circuit judge or any judge would ask a walk clerk to draft a decision for the for the judge but to put in the statement of facts something that is a fact and it is


a have accepted the offers so you can find cases and you cited them in which we've said well you know it's clear proximate enough it was shorthand it was you know something so but


interacted with the petitioner on many occasions and had very difficulty pinning britisher down to answer many questions he always wanted to answer something different than what the court was asking and so from the court standpoint


present he knows what he wanted to say at the hearing he knows what information was not chris presented at the hearing and he could easily allege that in his compte it's unclear why he did not so with his allegation that the union's


matter and not consumer matter that's all for my time i can add one little thing here your honor it's my st time before the court it's a pleasure thank you so much and your staff has been fantastic you have you have rules just


is this discussion about procedural violations right but before you bring out the time by the way i mean you're you're way down i might need to give you some more i need you to answer me the question why they didn't do


by your argument that it's impossible i'm not saying anybody has to put the miller language in but at a minimum if the disclosure the interest lay charges and other charges the amount due on


and as the just report judge said one of the problems with the department is that it has continued to rely on webster who has continuously failed ever to provide the


concluded that miss already had voluntarily resigned the court reason that when dr reichardt asked her to resign this already had a genuine choice of say no but because she didn't


cartels that that should apply even of the petitioner hasn't specified the cartel situation because of our current observation of what's going on in mexico well


multiple buyers of multiple properties is wrong and that's what the jury heard and the judge the district court judge knew exactly what that meant to her that back


lender told us not to close the loan told us there was no objection to that specific question or answer to foundation or hearsay she was testifying as the record reflects about something that was apparently told to her


specific intent of an act to deceive them are they going to say because the title company put down consulting fee instead of the cent defeat that makes it fraud nonsense


historic resources with the tried and in one thousand nine hundred and two congress amended the national historic prove the preservation act to provide additional protections for tribes and as part of that process congress further detailed and


so here's the problem that they have because this is not tirzah in terms of there was four hundred twenty five dollars faxes four hundred and twenty five dollars people that got the faxes and they got a whole pile of four hundred and twenty five dollars people here in chicago in this case


judgment against me because there's a genuine issue about whether some of these class members consented because they're my students he was an attorney and that there are students in my clients and that he also got some numbers from a


document as one you know it's in the appendix at forty one page forty one your adversary referred to it is one that tells mr reed additional information is needed but it says not a word about anything pending in front of the internal


thank you your honor may please the court nathaniel whalen here be at the united states of america before i get any further judge hamilton to answer your question as of yesterday mr simons paid back seventeen thousand four hundred and forty eight dollars and the total obligation of


competence could look and determine whether or not that there would have been some sort of strategic reason for why counsel had known of mr bush's claim that he took xanax on the day of the murder didn't go any further with it


but i think the significance is at the time of the event in question when this test was born in the workplace the context to that test was that there was this ongoing dispute in the workplace over the union


who wore the disputed t shirt saying if it's not union it's not kosher was actually a delivery driver who interacted with customers and so part of the board's find in new york bagels was that the message itself


absolute right which is why the board has this particular special circumstances frameworks where an employer can come forward and say that this message in particular that our interests in the workplace outweigh the employee's rights


performed poorly now what i understand it has to be is that you show a person a map person of my time take away from them ask them questions about it immediately and then after five minutes ask the questions again so his performance on each


the way you raise certain defenses and defenses roughly going confession in avoidance the affirmative defense need to be raised in an answer which you did not file


being in fearful of your is this a survivable claim


so it can't just be called nine hundred and eleven maybe you call nine hundred and eleven because you're fine but you see somebody robbing a house down the street i mean all kinds of reasons but then he tells the operator i am in a lot of trouble


testimony about being treated differently than colby would have confused the jury it's not a confusing situation at all and it could have been handled just by asking chief marshal three or four questions on each of these issues that this really isn't an argument


happy to address the nd issue the failure to consider mr prez's arguments with regard to sentencing disparities amongst his co defendants but specifically with regard to the rico case the question here is not whether mr


message being given to chicago police officers that it is permissible and appropriate to conduct a name check during every terry stop without regard to whether it extends the length of time the person with regard to the plaintiff's


plea hearing it's phrased in terms of may have this effect might have this effect cetera but toward the end of the paragraph on immigration consequences says


officer officer piercing communicates to the next the server to make a stock of that vehicle mr officer hartmann makes the staff of the vehicle ultimately in the driveway of mr


search warrant i do believe that that is a potential issue i don't believe that there was any information in the record to talk about that that lends late to how diligent the officers may have been


somehow or somehow consider preserve i think that carter and st and those other cases fully support the idea that all of the evidence from the search warrant which was fully supported by christa statements is enough and any new argument the defendants trying to raise now about the


or was possible and i would just like you to explain to me why for instance she couldn't have you know sixteen or eighteen hours a day of ordinary medicaid services and the rest under one of the state's own programs


and then used them to compete directly against the plaintiff in a particular situation and candidly that was the assumption that ethics expert operated on and when he developed his model which was the basis for the


representations that they were safe and effective it would not have agreed to be giving out more of these drugs if it had known that there was a safety issue and how can i ask a question can anyone hear me yet so you waited


banner at the administrator of the plan to distinguish between that data that that you've cited and the other data recognized by doctors court and submitted by dr gershon that found the procedure was


is contrary to the plan language which does not indicate or reference anywhere that the macmillan care guidelines are the dispositive standard for review or determination of medical necessity under this


does there will be lots of reports a surgeon will say i did this and i got great results and that will be published that's important for people to know but then some other institution and i gather this is what the


which is what occurred here could be part of the restitution order in which case while spargo is a victim


which was set forth in the stipulation of facts and our position is that the word encountered was likely deliberately used in the stipulation of facts as if in contrast to the word found because the word encountered is not a legal


says so either the notification to ice or the actual physical encounter on january rd twenty eight dollars team together with the admission of the guilty


forty nine that is you simply isn't in the briefing when it comes to that particular testimony he has waived any issue regarding that particular thing and because he didn't object to a blow he would have to argue claim error about it but given that he hasn't even raised the law i guess that would be


as approximately five to six feet apart but then when he kept making furtive gestures towards that pocket the right pockets to sceptically which is what the officers testified they became concerned and when he started getting flighty as far as the court of assessing


on an ongoing basis and that's why you'll see sargent boozers names on these logs as well and so he had the same responsibility as did heart and hand to make sure that that grade was watched he had the same responsibility for the


the decision went to a full placement hearing the transition plan ordered by the court was created and followed and the placement was properly supervised all of these have


talked to stewart on various occasions on the phone in addition to the various in person visits that took place over the two months this involved a phone call where she called in


i thought there was nothing in the record showing it was like three hundred and fifty dollars was the maximum so no yes yes yes hearts that came later of course as a result of discovery but that's that's ultimately what


that the failure to warn was based on policy considerations


mentions that the declarations we submitted in this case do not explicitly invert to the fact that the decision to place warning signs with tied to maintaining a wild state but that's not to say that that was part of the decision making process here


that the defendant's conduct was sufficiently clear that every reasonable official would understand that what he is doing is unlawful existing law must replace the constitutionality


officers don't believe that there is sufficient evidence that there was an intent to punish that brings and the facts to this appeal which as your honour's have already realized is exceeding this court's jurisdiction unless the blatant contradiction but


kind and that is different than you and that's different than our coffee case which well glee about an order judge holmes there's only one order here in other words there's the one order


remanded to a state court from which it was removed pursuant to section one thousand four hundred and forty two the answer to that is yes and at that point you know the language of the statute says and or that order shall be reviewable and the other side makes a


that there's a different interest as well i mean in the army at the time the reaching issue here we're talking about we're viewing issues that otherwise would not be reviewable and therefore the notion that you could file them frivolous


some threat made to be able to to to separate the purse from the individual in that particular case it was clear from the victim's testimony that it happened so quickly that she really didn't have time to be for all it was after the


discretion to entertain an argument on plein air or if you so maybe not an end of the road then but it didn't exercise that discretion and it has declined to exercise that discretion in cases where it's


i don't agree your honor i think was wrong with that i think the what the what is not in the complaint is there's no allegation that any of those particular officers have a duty to ensure that he takes medications


we talked about it a bit already is that there is a difference between a position being eliminated at an all job duties being eliminated so in in this case and in in every case where there's a merger between two


sworn testimony was to express her disagreement with the fact that the bank had a seven thousand five hundred dollars hat on home improvement lums and there was very clear testimony from the big think that the


quite instructive because the vance case made it clear that minimalist response is not within the contemplation of a reasonable response more important where a school district has


district in this case there are generally three issues on appeal deliberate indifference which we've already been discussing as well as the district that the district court correctly determined that mistake was not did not plead facts demonstrating


th teen that's when those comments occurred at that point it was not an reasonable given it was not clearly and reasonable given that the st time the district talked to the perpetrators the harassment of a sexual


standard condition twelve does not itself call for risk notification of rd parties but it does lay out when there can be risk notification which is this court recognize in cabramatta can infringe on significant liberty interests


court in bare read a condition narrowly to comply with a lot even though it was on plane air review it did the same as a mental health condition in it mike and that's at


afraid i can't answer what the th circuit meant in the decision it doesn't articulate both of those i think you'll find as i've argued that under either test there was not a transfer of an interest of


years now to clarify any ambiguity there so i would say to the stat that it could be deemed ambiguous i think that needs to be held against the people who drafted the document an established system and again these are establishing


raise it with us and you have to raise it in your opening brief with us or we don't consider it judgements all us in his denial didn't even address it i'm it was a foregone conclusion the government we said they conceded it in there at the lower level they never responded to you admit it wasn't raised here


thank you both for your arguments this morning case submitted


honor it's an interesting it's an interesting hypothetical i i would i would suggest to the court that congress would need to affirmatively to exercise their established plenary authority to regulate the tribes


but for a reasonable approximation of gains that it was the amounts from the offerings based on both sides of the you know both sides of the analysis the anti fraud and the registration provisions and all they came back with was this fifteen thousand tracing argument which is not


one of them was six and a half inches long the other one was three and a half inches the district court specifically found that the length of those weapons was particularly troubling there was testimony at the evidence you're hearing that


why don't why can't we put this all together because the evidence doesn't establish that judge the evidence for example is broken in the middle when the quote object of


stated the permit question is not whether the particular action in that case was a search was authorized by state law but whether it was and is not your opponent is correct you didn't argue this and i don't


there is discriminatory intent right that beyond there is circumstantial evidence and it's overpowered overpowering circumstantial evidence mrs bascom was treated differently


no other reasonable alternative interpretation and so there was no way for the officers to interpret it as anything other than a general war and in fact think that how good this relies on the make sure so this relies on your argument and we have to bite off on your arguments


seal showing this immediate interruptible harm and the court did not analyze it but there was no evidence that they had done anything at that point there was no known compete agreement here there was a noncom who was a non


not not a reasonable likelihood that he was going to commit crimes in the future because any significant criminal history largely dates back to when he was in his late teens and early twenty's any recent criminal history was the majority of constitutes


because it was too long and so soon were under plain air what do you do about the fact that this is a non constitutional booker or well your honor i think that the the th prong requires us to to


correct so he's missing an average of fifteen meals a month in two thousand and twelve to three months he has the past then after that he goes to an average of he stays in the fifty's for several more months there's a brief uptick between october and december of


and sixteen policy that they reviewed it and accepted it as there is for all of the plaintiffs with respect to earlier versions of united healthcare is policy instead the only evidence


actually has to do with mr rivera clemente sentencing hearing and it deals with the procedural reason illness of the sentence in particular it's the thirty five fifty three c one issue whether the district


town and it was validated where some scientific evidence it was not unreasonable for anyone who


that to me sounds like we assume there was no problem until sentencing well as opposed to what you seem to be focused on which isn't a threshold objection as to whether they could have held him liable for any criminal conduct at all


and i do think that this court should rule on the merits of an effective assistance of counsel this case is thirty seven years old


very difficult position it was litigation filed in the second circuit in which for the very first time the executive branch was going to be required to take a view on the appropriate level of scrutiny to be applied to classifications based on sexual orientation and what the president determined was that


provides very little about what has to go into a plan so we're the procedures or it's a material term of the plan all material terms of the plan must be in writing in the plan


between are a fast and b the landing a settlement agreement between the landing in a lake which the parties predicated the settlement on the full video of the mortgage they could have reached a different settlement and which they said the mortgage is void


certainly well within the jury's ability to say no i don't believe that confession and there's probably a good reason why he confessed because at the end and the defense counsel argued this notice how he's asking is my girl going to get in trouble to


if there was a family of marx's novelist how can the district court's analysis of the opportunity for be reconciled with the family of mark's point what evidence is there that


really asking a question about why is an unreasonable interpretation of the statute once you concede that revenues can intuition and then once you concede that tuition has to be considered in light of the title for program as opposed


conduct was a substantial or motivating factor in the adverse action that kind of causal connection is completely lacking here mr kill asks that some regions will be overturned because there is


evidence didn't not apply the procedure proceeding on the premise that they do the that state state and falls under this exception because it is the statement of a public agency setting forth a routine activity of that agency the


did show that the burglary and the robbery were crimes of violence i am not sure honestly off the top of my head whether it classified the drug crimes as crimes of violence or qualifying but you're


as specified in the p s r which means that he admitted to the events as they unfolded there was no objection to the p s r but we don't look at the facts of the conduct we look at the record of conviction a conviction has a divisible offense or could have been temptation it could have been violence


he can't admit to that unless you're relying on the residual cough


held in nash that case came up and the court took briefing and the parties argued about which standard should apply they argued about whether good faith was relevant and the degree to which good face with faith was how much expected i


or whether the debtor can make a reasonable effort to be and your honor has asked some questions about whether the exceptional circumstances standard articulated by this court earlier is really consistent with the certainty of hopelessness language that


direct on fund in fact the fund itself was a different fund it was the dow jones commodities fund that had a limited duration bond fund as part of the package to develop what's known as the alpha return of that fund so at the


there was something there that if he was trying to sell this there was a positive thing about the car that he didn't bother to point out either doesn't that just go to the fact that the meeting was and not the market breakdown and no one would have been thinking that that


from the perspective of an investor an investor sees this and see if they've sold aaa rated bonds they've increased liquidity that has reduced risk in the fund and the reality here as we know from the discussion at the july twenty fifth investment committee


disease under the program well they're able to first they're able to get medications that are covered by q piece some of the places for instance blood pressure aspirin better q b it they're not excluded from that means of dispensing yes the target here was


introducing the evidence that so clearly non hearsay would be plainer if you even got the plain area this is a threat is that the children to go to children services it's not being introduced to show that their government will actually the police officer actually bring the children children services


judge because we're certainly mindful of the fact that the guidelines are discretionary and they're not mandatory is there anything that the judge said that sentencing that would lead us to believe that he would impose the same sentence


statute as a whole not just prong b and i think they got it wrong but thank you thank you


were not but it seems to me that the bottom line is these the complaints that he made are very serious complaints and surely they are after he's gone counsel you want to spend the moment on your hostile


the disciplinary record of the officer in payton cruz and that was found to be insufficient because you have to prove more than negligence right how do you distinguish this case


exists there was no question about which categories of employees in the record don't come into contact with the public if the records is silent about whether employees like that exist or do not exist


not to repudiate in that strong sense would be what you are there any your honor my understanding and it's addressed in a footnote in response to a quote they made to our case handling manual the board essentially just not


there may have been countervailing factors i don't have the answer to that question i was proud and there's nothing in the record ok all right but but but the question is what did


erred when it found pretrial as a matter of summary judgment that this work was a joint work for copyright purposes but not a derivative work and there were two reasons that the court ruling


in connection with each application a candidate fills out an application for appointment in each application for appointment the candidate represents that he will abide by all relevant rules regulations and policies of mass general relative to national


minutes online it's a published document oh and before all the n s a s in the united states what do you say to those two points


commission sustained expertise and interpret in the meeting of an advertisement and determining whether those advertisements are material yes or is this name different do they really yes but again i prefer the court to colgate


to impose such a requirement seems particularly wrong to me and in addition he really did argue though he said you know i didn't have it but if i did have it i didn't


identity of attacker and here the petitioner had an opportunity that his wife did not have dr knew in testified that the injuries occurred say after midday on october thirteenth now all the injuries likely happened at the same


testimony on this issue that a agent was permitted to testify before the court before the jurors that these defendants that the purpose of these defendants was


material well issues it regards the operation of the child care program which involves the subjects of parenting or encouraging education and training for childcare providers of improving recruitment which is a very broad term and then payment


roger i believe the comebacks are the threshold question in this case which is does exclusive representation compel association speech in a way that triggers first minute scrutiny and yes please but then a fight several ways in which the


he had pain he had suffering he's requesting for compensatory damages for back pay their severance i also ask that you


definitions of us and in less the in list the definition of those you know use me apply in this case or implied by this conclusion is


be the focus of our litigation we turned it turned out that that was not viable that doesn't mean that i mean the case law is very clear what what is our first circuit one of the first you can say in its


subjective interpretation on each when they decide what they're going to run it or not in the does the end be yet in accepting the pro palestinian have some obligation


evidence of a multiple conspiracy and that was and that was just a theory of the defense but that was not supported by the overwhelming amount of evidence that was present in throughout the trial to point can't deny the defense request for that instruction


trial both of them had the opportunity to be cross examined by the defense and so it is a contention that of the government and respectfully that this court finds that there was no prosecutorial misconduct on the government's


scene testified and this is in volume three of the appendix two eighty six i believe


hospital like a circus had to be able to pack up and move on at a moment's notice its primary function was to offer a media surgical treatment to the wounded and that meant following ever changing battle lines everyone


i also treat some older folks in my office as well is that the dip of the depression really emerges in various ways with children oftentimes you see a social withdrawal sometimes there's an irritability sometimes


seen cuts but the care that we often provide is not the best level so yeah for folks that don't have insurance a difficult situation watching communities mental health is available for folks


i started meeting people the moment we arrived


interactive thing that you kind of have to eat oh this is just beautiful


are some of the other services that you're able to provide think you mentioned a little bit about screenings for the for the community do you do you do screening that your center where you located or you go out on site how does this work both


all we still to encourage if the individual does not have a primary care physician that they have a conversation with one of us or a nurse practitioner determining if they have risk factors their age in a variety of other things and


diet it may not hurt you to take a multiple vitamin exciter where no i hear the prescribe that you can always check that out with your physician but adding a multitude of supplements should not be necessary say


radio audience through twitter and facebook our twitter handle is westminster t h f and you can find us on facebook at westminster town hall forum while the officers collect the questions from the in house


minnesota food share visit their website minnesota food share dot org we invite the radio audience to join us at westminster for our next forum on thursday april eighteenth at noon when president and


now where do we go in the one other thing i want to add because you said it's higher in women seventy percent higher it's higher only because that's the people we've we've diagnosed more of in the last several months it's not really higher it's i mean overall


you can learn techniques that you can do in five minutes and you can do them while you're stopped at a traffic light and you can do them when you take a five minute break from your work what are some of those techniques because that's a really good point because that most people complain that they are


health and quality of life in the lake and then there is the individual private landowner rights they own property on the lake and they would like to develop it the way they would like and that there are there


canvassing people about what to ask you was the idea of if you come to a stop and they are in like waiting and you're sitting waiting for some construction when you're not actually rolling is that ok


is the meals on wheels program here in peter's time it's fantastic and when when someone has just been infected with a stroke in the caregiver they're overwhelmed and you know it the food is is


say time lost is brain lost and the most important thing that patients can do is to recognize the warning signs of a stroke and call nine one one the earlier a patient asked for help that the earlier the process


i like to cook sunny side up


contract out with other providers to go out you can just type on line internet safety and get some tips but really it comes down to you know monitoring your kids online check and making sure you have


was about whether or not it was safe to post photos of my child on facebook like is there some risk to having a facebook account and posting children's photos there you


specialist the combination of those things as well as the rest like we talked about earlier about eighty percent of the time we get those symptoms to go away because what happens is if you have a herniated disk which is the the cushion between the bones


the u s and germany are more efficient than say france or italy because they're always taking wind breaks and smoke breaks but it takes them about two or three times as long and i'm not kidding that's true but on average it takes us about an hour and a half to two hours


as a parent i know one of the most important time to speak with your children is when they are down for many families is a place they can go to find the support they need ronald mcdonald house charities programs provide that supportive environment so families can be together while their children dealing


in this cottage cheese and flaxseed and that's really all they can eat they feel bloated afterwards and they're not getting those fruits and vegetables that i talked about earlier ok and so i think it's very important again just like veronica said so eloquently that if


the simplicity and then the third element of everybody being in so we'll get everyone to have good plans everyone will pay but the car should be less per person to do that yes i think one of the other initiatives that we have and we've been thinking about coverage and


places and how the outcomes compare so i think part of what we as a need to do as a community is start thinking and understanding more about how more is not better than health care in fact it's often worse for you that is that


and now has some low back pain the bones will look normal and it won't be a test that shows us anything however fifty five year old guy or a six year old guy that suffers the same injury it might might be worthwhile to get


hospital our topic today is coping with the stress and grief during the holidays welcome alex thanks for having me thank you for being here alice as happy and joyful as the holidays can be for


talk to me about what it feels like to be them if someone is ignoring their grief during the holidays that's certainly their decision but again like you were saying i'm like i'm saying i don't know that that's a best option i don't think it's the best option but i think it's very


that i really have had patients of my that have experienced your spirits loss of their loved ones during the holidays and they've participated in your group counseling sessions and all of them have benefited from the


could kind of walk through like told us a little bit about the staff staff or her staff incredible we have a two over two hundred full time employees many of been there thirty plus years and it's a calling to work with our


liver right and i tell people sometimes i have them like make cucumber water oh yeah i haven't done that oh my gosh but it does help with bloating and it just helps it's


like a real gentle direc just place half of a cucumber slice it peel it put it in a pitcher of water and you can keep adding water to it must drink it throughout the day but it does kind of help flush out a little bit yeah cranberry water's good to


moved into primary prevention we tried to find out people who are risk and put the device in i talk to a lot of patients that you know have been without a figure layers for a long period of time and now their criteria change and i have to discuss i said well you fall in


we really have the whole world of genetics every gene on the planet the ability to sniff it out of let's say a bacteria that and put it into a plant or an animal things that never


than they have in the past because it's easier to compare the plans it's easier to set up an account and to and rolled employees for those who have offered in the past they might want to continue there are a lot of


find the plan that works for them all through the mud health clinic so what what's the schedule like we you know we hear a lot in the news and like october first


and some of the side effects are increased bloating the inability to vomit because you've created this valve that works so well and the goals of surgery really are to control regurgitation and to get patients off of


tune who should have it it shouldn't and that has really opened up a whole new door for us to evaluate these patients particularly patients who have that atypical type of symptom which is that chronic cough in the hoarseness and so we have we


medicines or with humidifiers or with irrigations or neti pots or with surgery it's all in trying to find a way to get it to drain to an aide to nate and enable the body to clear itself it's not that


i first started endicott college and beverly in beverly massachusetts and let's just say they told me they had a great studio and a great communications program i could set up my own show there while i got there and i think there were less people there than when i got into


force and what we have here today without jonathan green i can guarantee you we would not be here today jonathan green


come from the emergency room because prior to that he had been in the parking lot of one of our local grocery stores i won't name in the name of the grocery store but in fact it's extremely close in nine lexington street and he was hit by a car


and join us around with them so some of your experiences you've had on your journey like you know we've gone about twenty five hundred miles now and we've gone and seen some crazy


and you know it does seem to have sufficient age to have that kind of process done yeah sorry i can't give you a real number on this but i can at least try to point in the right direction all right very good so what


clues ok we actually have two products the first product is one that was started several years ago which i did with a partner and their


b written memorandum of his of his order memorializing the oral decision but never and seven and a half minutes immigration hearing was he ever advised regarding his right to appeal asked if you wanted to appeal or


as leaky it's created with loose we placed armor stone and that will allow sand and water to flow through the growing and allow the passage of fish


system a presumed prejudice they don't have to show prejudice on judges and that is how we take account of the importance and the kind of distinct autonomy nature of what flanagan says is you don't get you don't get both the waiver of the


it be vindicated and we're talking about a trial right there clearly can be vindication and effective remedy post judgment and that's to order a new trial which is what the supreme court did in front of itself the remedy in that case


preserve his constitutional right and he gets an attorney who says you know what i'm going to defend on the merits and the defendant ends up being acquitted on some legal point or some factual point that's not the defendant's wishes and he's acquitted and his right to represent


indeed doesn't that go to the other mandamus problem i mean i think it's a totally different case if we're after a result but at this stage part of what you've also got to show in addition to being industry really clear is that you lack ability to


provision for government lawyers right that sort of says unlike most people government lawyers we do narrow recusals does that affect at all our interpretation or analysis of the one i think it can your honor i'm not entirely sure