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The EPA may consider both the health effects of pollution and the cost of abating it when determining whether a state SIP fails to comply with the Clean Air Act. Navigable waters; The phrase the waters of the United States, as used in the Clean Water Act, includes only those relatively permanent or continuously flowing bodies of water forming geographic features; wetlands are not navigable waters. Goldstene; If the California motor vehicle emissions regulations are granted a waiver by the EPA to the Clean Air Act, enforcement is not prevented by the doctrine of conflict preemption or by express preemption. Duke Energy Corp; A Clean Air Act permit is required for any physical change in, or change in the method of operation of, a major stationary source that would result in a significant net emissions increase of any pollutant. EPA; EPA is not properly exercising its duty under the Clean Air Interstate Rule unless it is promulgating a rule that achieves something measureable toward the goal of prohibiting sources within one state from affecting another state. National Highway Traffic Safety Administration; NHTSA has a duty to assess environmental impacts, including impact on climate change, of rules; enviornmental impact statement. Defenders of Wildlife; Endangered Species Act § 7(a)(2)'s application limited to actions in which discretionary federal involvement or control, and thus it does not apply in the context of mandatory EPA actions. Punitive damages awards must be weighed against the compensatory damages; reprehensibility of the defendant's conduct, disparity between actual harm caused and amount of the punitive damages awarded. Content based restriction, prior restraint, requiring permits for all public assemblies does not infringe on the freedom of speech, content neutral regulation of access to public property, provides adequate standards. Fourth amendment; right against self incriimination. The fifth amendment does not prevent compelled disclosure of client materials disclosed to an attorney where the materials would not be privileged in the hands of the client. The privilege against self incrimination protects against being compelled to provide information to a grand jury about the existence of sources of potentially incriminating evidence.
Last will and testament; wealth protection; living trust; estate planning forms; estate planning trust; administration of trust; the common trust; resignation of trustee; replacement of trustee; trustee's investment powers. The Fourteenth Amendment prevents states from according differential treatment to American children on the basis of their race; compelling state interest test; Equal Protection Clause. New York; A policy of striking all who speak a given language, without regard to the particular circumstances of the trial or the individual responses of the jurors, may be a pretext for racial discrimination; peremptory challenge. Deadly force to prevent felony suspect's escape violates fourth amendment unless officers have probable cause to believe that the suspect presents a threat to the life or safety of the officers or others. Animal Feeds International Corp.; A party may not be compelled under the FAA to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so.
8's requirement of short and plain statement of the plaintiff's claim that is simple, concise, and direct; on information and belief. Withrow; When a party has signaled consent to the magistrate judge's authority to hear a case through actions rather than words, there is little value in strict insistence on an express consent requirement. Sanderson Plumbing Products, Inc; A discrimination plaintiff's case may be sufficient to submit to the jury if consists of a prima facie case of discrimination and sufficient evidence that defendant's proffered explanation was merely a pretext. Koenig; Just as questions from the bench can provide insight that helps lawyers make a stronger case, so too can questions from the jury help lawyers tailor their presentations; motion in limine. MGM Grand Hotel, Inc; Where the jury is still available, a district court's decision to resubmit an inconsistent verdict for clarification is within its discretion; comparative negligence; contributory negligence. Walker; The elements of a Rule 60(d) cause of action include (1) a judgment that, in equity and good conscience, ought not be enforced; (2) a good defense to the cause of action on which the judgment is founded; (3) fraud, accident. Hallock; Collateral order requirements (1) conclusively determine the disputed question, (2) resolve an important issue completely separate from the merits of the action, and (3) be effectively unreviewable on appeal; collateral order doctrine. Sturgell; The rule against nonparty preclusion is subject only to certain recognized exceptions: (1) a nonparty may agree to be bound by a judgment, (2) certain substantive relationships..; virtual representation; virtual representation doctrin National Equipment Rental, Ltd. Szukhent; a contractually designated agent's prompt acceptance and transmittal to named defendants of a summons and complaint, pursuant to authorization contained in the contract, constitutes adequate service. Praxair, Inc; Under Federal Rule of Procedure 15(c), an amendment that changes the party against whom a claim is asserted relates back to the date of the original pleading under certain limited conditions such as related companies. Kroger; plaintiff in diversity case cannot rely on ancillary jurisdiction to permit amendment to complaint to bring claim against non-diverse third-party defendant; complete diversity; diversity jurisdiction. Russell; Time limits for filing a notice of appeal are jurisdictional in nature, and the untimely filing of notice, even if filed in reliance on a district court order, deprives the court of appeals of jurisdiction; equitable; habeas corpus. American Brands, Inc; An appeal as of right may be taken from interlocutory orders of federal district courts granting, continuing, modifying, refusing, or dissolving injunction; consent decree; interlocutory. TREX, Inc; Interlocutory appeals are within court's discretion, and will be granted only when court certifies that each ruling presented for appeal involves a controlling question of law as to which there is substantial difference of opinion. ACLU; statute that suppresses a substantial amount of protected speech is unconstitutional if less restrictive alternatives exist to further the governmental objective; content-based restriction; preliminary injunction. Du Pont Advance Fiber Sys; Under Federal Rule of Civil Procedure 11, a complaint must not be presented for an improper purpose, such as to harass or to cause unnecessary delay or cost of litigation; contain claims warranted by existing law. Paragon Group, Inc; A defendant's claims against a plaintiff must be asserted as a counterclaim if arise out of the transaction or occurrence and do not require the presence of third parties over whom the court lacks jurisdiction. Blue Cross and Blue Shield of Kansas, Inc; The burden of proving that a challenged discovery request is relevant is on the party who makes the request, while proving that the request is unduly burdensome rests with the party making the objection. Target Corp; Spoliation is the destruction or material alteration of evidence or the failure to preserve property for another\'s use as evidence in pending or reasonably foreseeable litigation; mitigation-of-damages doctrine. West LB AG; A court may shift the cost of restoring and searching for relevant information in an electronic form when the party who converts the data into an inaccessible format should have reasonably anticipated a need to produce that data. Harris; When opposing parties tell two different stories, and one is blatantly contradicted by the record so that no reasonable jury could believe it, a court should not adopt that version for purposes of ruling on a motion for summary judgment. PV Holding Corp; When determining a party's domicile, the controlling factors are the party's actual place of residence and the real intention of remaining there as disclosed by the party's entire course of conduct. Derderian; The Multiparty, Multiforum Trial Jurisdiction Act (MMTJA) requires federal courts to abstain when substantial majorities of all plaintiffs and of the principal defendants are residents of a single state. Tenet Healthsystem Memorial Medical Center, Inc; The Class Action Fairness Act (CAFA) creates a narrow exception to federal jurisdiction and allows the discretionary remand of purely local actions. Professional ethics; ethics lawyer; lawyer ethics; legal ethics issues; attorney substance abuse and drug addiction; attorney ethics violation; ABA Model Rules of Professional Conduct; lawyer legal ethics; Mandatory Continuing Legal Education. Warrantless arrest permitted even for a misdemeanor or infraction punishable only by a fine; if an officer has probable cause to believe that a person has committed a very minor criminal offense, the officer may arrest that person without a warrant.
Controlling shareholder; control of sale; presumtion that, in making a business decision, corporate directors act on an informed basis, in good faith, and in the honest belief that the action taken is in the company's best interests. Louisiana-Pacific Resources, Inc; The Commerce Clause is not implicated by a statute that regulates corporations even-handedly and imposes no special or distinct burden on out-of-state interests; dormant commerce clause; straight voting. Mc Kesson HBOC, Inc.; stockholder has right to make written demand to inspect corporate books and records for purpose reasonably related to person's interest as stockholder; derivative action; parent corporation; subsidiary corporation. Verizon Communications, Inc; Stockholders seeking inspection of corporate books and records must present some evidence suggest credible basis from which court can infer mismanagement, waste, or wrongdoing may have occurred. Omission to act by one under a legal duty to do so is sufficient for criminal liability if it is a substantial factor in bringing about the consequences prohibited by statute. Homicide; malice afterthought; manslaughter; murder. Causation; habeas corpus; intervening cause; second-degree murder; superseding cause.
Direct action; special injury test disapproved for determining whether a direct action exists; standing to assert direct action depends on whether the individual, not the corporation, suffered harm and would benefit from the recovery or remedy. F & W Acquisition LLC, recission, fraud, contracts may not be rescinded based on misrepresentations made during negotiations unless one party to contract made misrepresentations, knowing them to be false. Derivative Litigation, A director's independence turns on whether the director is, for any substantial reason, incapable of making a decision with only the best interests of the corporation in mind. Failure to instruct the jury on a material element of the prosecution's case violates the defendant's due process rights. A buyer may revoke acceptance of goods when a nonconformity impairs the value of the goods to the individual buyer, taking into account the needs and circumstances of the individual buyer.
An employer may order a plant closing or mass layoff before the conclusion of the statutory sixty-day notice period if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable. Clay Ward Agency, Inc.; assumption of personal liability by a member of an LLC is so antithetical to the purpose of a limited liability company that it must be stated in unequivocal terms. In order for media coverage to infect a trial with unfairness, a juror's preconceived notions of guilt or innocence must prevent him or her from rendering a verdict based on the evidence presented in court. Even when capital defendant family members and defendant himself say no mitigating evidence, lawyer must make reasonable efforts to obtain and review prosecution evidence of aggravation at sentencing phase of trial. Counsel's failure to obtain the defendant's express consent to a strategy of conceding guilt in a capital trial does not render counsel's assistance ineffective when it is reasonable under the circumstances. a defendant can lose his right to be present at trial if, after warning by the judge, he conducts himself in a manner so disorderly, disruptive, and disrespectful of the court that trial cannot be carried on with him in courtroom. Millard Refrigerated Services, Inc.; limitation of liability in a warehouse receipt will limit liability, unless the damage was from the the warehouse's conversion of the goods to its own use. Chase Bank, USA; Unauthorized use of a credit card is use of the card by someone without actual, implied, or apparent authority to make charges, and from which the cardholder receives no benefit. Shell Oil Co.; claim for bad faith price setting; a price in an open price contract is set in good faith if it is commercially reasonable and nondiscriminatory; disparate pricing between jobbers and dealers is not evidence of discrimination Central Washington Refrigeration, Inc. Barbee; Uniform Commercial Code; indemnity actions are governed by separate statute of limitation; implied right of indemnity; separate equitable cause of action; UCC. Certified Packaging Corp.; security interest includes the proceeds from a recovery for decreased value of collateral, and not for loss of use of the collateral; destroyed property; damaged property.