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original_sentences.txt
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In order to obtain discovery regarding the issue of personal jurisdiction, at a minimum, the plaintiff must establish a colorable or prima facie showing of personal jurisdiction.
Plaintiffs argue that Defendants knew, or should have known, that the risk of new-onset diabetes mellitus or hyperglycemia associated with Risperdal is significantly higher than with older, cheaper, and equally effective “typical” antipsychotic drugs.
In addition, Palermo alleges that his manager, Brittany Williams (Williams), who is a black female, and another one of his direct supervisors, Terry Green (Green) were aware of his EEO Complaints, the 2004 Case, and the 2008 Case.
Arch took no action on eight of those claims (Chart, Claims 13-20), and issued a denial letter for the ninth claim (Chart, Claim 21) on March 1, 2010 by re-asserting its position noted before and further asserting that an intervening Endorsement No.
Because, apparently, no act of obeisance goes unpunished, the Federal Circuit then vacated this Court’s grant of summary judgment to Amphastar and held, in November, 2015, 'that the safe harbor provision did not apply to' its infringing activities.
This Court “may consider a number of factors, including whether the work performed was duplicative, if an attorney takes extra time due to inexperience, or if an attorney performs tasks normally performed by paralegals, clerical personnel, or other non-attorneys.” Ussery, 10 Vet.App.
Obviously, and to the extent further discussion of essential character is even necessary here: the essence of pots and pans is to contain and cook, and they can serve those functions with or without lids; and while lids may complete or enhance that purpose, they are merely incidental thereto and serve no purpose otherwise without the pots/pans to which they are intended to be fitted or combined.
Moreover, under section 5121, a determination of whether accrued benefits should be awarded “must be determined based on evidence that was either'physically or constructively in the [deceased claimant’s] file at the time of his death.” Ralston v. West, 13 Vet.App.
We will pay all sums an “insured” legally must pay as damages because of “bodily injury” or “property damage” to which this insurance applies, caused by an “accident” and resulting from “garage operations” involving the ownership, maintenance or use of covered “autos”.
Where, as here, a prisoner “challenges the very fact or duration of his physical imprisonment, and the relief he seeks is a determination that he is entitled to immediate release or a speedier release from that imprisonment, his sole federal remedy is a writ of habeas corpus.” Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct.
At oral argument, ST argued that it is clear that no renewal premium is due under ST’s premium plan because the document setting forth the premium plan, the 2005 Flow Plan, nowhere mentions renewal premiums being due after the MCL is reached.
Therefore, the government presented sufficient evidence for a jury to conclude that defendant pledged “all furniture, equipment, and fixtures” in each of the four properties listed, including the Restaurant, and that he falsely represented that no one else held any interest in the collateral.
If the plaintiff succeeds in doing so, the burden of production shifts to the defendant "to articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” McDonnell Douglas, 411 U.S. at 802, 93 S.Ct.
However, because the Court had previously overruled those additional arguments during the September 7 hearing, and because the Court specifically narrowed Defendant's supplemental argument to the issue of § 6308, and because Defendant’s reply raises new issues insofar as neither its supplemental filing nor Plaintiff's response raised those issues, the Court rejects those argument out of hand.
The closest Williams comes to addressing the Baze standard is in a heading in the briefs outline that reads, “What is known of the State’s Revised protocol indicates that Williams will likely suffer needless, undue, and excruciating pain during execution.”
This is undisputed, but neither party provides any evidence as to what kind of hospital Plaintiffs would be placed in, what level of care they would receive, what services they would be entitled to during their hospitalizations, or the probable durations of their hospital stays.
In sum, because Trader Joe’s has made no showing that the lack of an “All Natural” label would imply or suggest ascorbic acid inferiority in violation of the FDCA and FDA regulations, it has made no showing that plaintiffs’ Juice-related claims are preempted.
To be sure, to win on her alienation of affections claim, Plaintiff must prove: (1) love and affection of the spouse for the plaintiff; (2) actual damages; and (3) overt acts, conduct, or enticement on the part of the defendant causing those affections to depart.
Even after the execution of the Contract, Starr and Carson each signed various purchase orders that indicated delivery to Jas-min’s address; Trina delivered the solar panels directly to Jasmin in Australia; and Jasmin accepted and installed the panels, at one point stating in an email to Trina on which JRC was copied that Jasmin would pay the invoices.
In challenging the validity of Claims 1 and 9 of the ’681 Patent—both of which are independent claims—Nash cites Section 103 of the Patent Act, which forbids the issuance of a patent where “the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains.” 35 U.S.C.
In doing so, the Board should be mindful that it “has a special obligation to read pro se filings liberally.” Robinson v. Shinseki, 557 F.3d 1355, 1358-59 (Fed.Cir.2009).
The failure to adhere to this procedural mandate renders the notice of pen-dency “defective and void from the beginning.”
The burden is on the moving party to show, through the pleadings, discovery and affidavits, “that there is no genuine dispute as to any material fdet and [that] the movant is .entitled to-judgment as a matter of law.” Fed.
The Court must therefore grant the defendants’ motion to dismiss if it answers three questions in the affirmative: (1) whether the defendants are, “provider[s] ... of an interactive computer service,” 47 U.S.C.
No unacceptable evals and nothing that really stands out in the weekly ... [training and HR pretty much agrees [sic] we don’t have a case: Perhaps Steve’s report will change in entirety based on 6th step info.
In this group are four pro se parties (Dwight E. Nolt [# 226], Mark Powell [#208], Chris Pavlou [#119] and Paul R. Worsham [# 200]) and one “professional and generally unsuccessful objector,” see In re Royal Ahold N.V. Sec.
In Fluorine’s view, Amtrak may condemn a property interest only “as a last resort” — “where it cannot practicably do otherwise” — and it urges the Court to engage in a searching, fact- specific review of Amtrak’s condemnation decision.
There is no indication on the face of the April 1988 rating decision that the RO did not consider the evidence of record or the application of § 4.16(b), and the Court cannot conclude that it failed to do so on the basis of silence alone.
Should-the Court find that such costs constitute an economic injury sufficient to confer standing, “a private plaintiff bringing a UCL claim automatically would have standing merely by filing suit.” Cordon v. Wachovia Mortg., a Div.
To the extent that Vivendi’s argument is that GAMCO should have unearthed information that would have led it to discount Vivendi’s misrepresentations, such arguments fails because contributory negligence is not a defense to securities fraud.
The privilege “recognizes that sound legal advice or advocacy serves public ends and that such advice or advocacy depends upon the lawyer’s being fully informed by the client.” Upjohn v. United States, 449 U.S. 383, 389, 101 S.Ct.
The Veterans Court recognized its authority to grant relief by way of writ of mandamus, noting that such relief “is a drastic one, to be invoked only in extraordinary circumstances.” Veterans Opinion at 1 (citing Kerr v. U.S. Dist.
Plaintiffs respond by noting that, according to the Amended Complaint, the parties engaged in negotiations over an unexecuted draft Operating Agreement, which “contemplated that [the parties] would ‘jointly operate the proton therapy center.’” Pl.
The only exception to this general rule — one that is not applicable here — is if the transferor court already decided an issue (based on its own interpretation of the law) and thus the “law of the case” governs that issue even in the transferee court.
In other words, a finding that pinniped predation is having a significant negative impact on the decline or recovery of protected salmonids does not mean that pinniped predation is jeopardizing those salmonids, as the term is used in the ESA context.
In determining whether Capital-Source retained a security interest in the cash proceeds, the court acknowledged that under § 9-332, “CapitalSource did not have a security interest in the funds after Debtor [Delco Oil] transferred them to Marathon.”
The probation office filed a petition to revoke Defendant’s supervised release, alleging Defendant had been (1) associating with a convicted felon (a female) without permission, and (2) discharged from RRC for making threatening statements to a staff member.
Therefore, the court’s analysis in this Ruling focuses solely on the first step of the above inquiry: determining whether the state statutes “mandate or authorize a per se antitrust violation.” Freedom Holdings IV, 624 F.3d at 49 (quotation marks and citation omitted).
Having considered the motions, responses, replies, supporting evidence, the argument of counsel, and the applicable law, the court will grant the summary-judgment motion and dismiss all of Plaintiffs’ claims and dismiss all other pending motions for the reasons to follow.
Now pending before the court is the “Motion to Dismiss Plaintiffs Second Amended Complaint Pursuant to Rule 12(b)(6) of Defendants Gene Byron Schenberg, Richard F. Huck, III, Michael J. McKitrick, Danna McKitrick, P.C., NetSecure Technologies, Ltd. and Daniel McCann.” (Dkt.
Plaintiffs’ actions have (1) required defendant to file three additional motions, (2) unnecessarily prolonged this case, (3) required defendant to incur expenses it should not have incurred, and (4) wasted the time of both defendant and the Court.
During the interview, Defendant commented to Chief Koivunen that he had been using methamphetamine the previous week and made reference to “being up over a week.” Defendant also stated that he had been using methamphetamine on May 6 “all day.” (Gov’t Ex.
In the two years following Mr. Dodson’s death, Mrs. Carroll did not seek Dependency and Indemnity Compensation (“DIC”) benefits, which are available to the “surviving spouse” of a veteran whose death resulted from a service-related injury or disease.
While Wendy's found that a jury demand constituted a waiver of a contractual jury waiver, the opinion contains essentially no reasoning and does not explicitly address the question of whether the jury demand in that case was "proper” under Rule 38(d).
The chapter 13 debtor, Gary D. Barbee (“Debtor”), instituted an adversary proceeding against U.S. Bank National Association as trustee for the Truman FHA Trust 2008-1, by and through its mortgage servicing agent BAC Home Loan Servicing (“Bank”) seeking to avoid the Bank’s interest in his manufactured home pursuant to 11 U.S.C.
Although Morgan Stanley had not yet moved for summary judgment on plaintiffs’ negligent misrepresentation claim, I ordered plaintiffs to show cause as to why their negligent misrepresentation claims against Morgan Stanley should not be dismissed in light-of my finding that Morgan Stanley made no actionable misstatement to plaintiffs.
The Audit Report also admitted only partial compliance with Standard 2100, regarding “a broader and more formalized approach in performing risk assessment procedures than is currently in practice at Chipotle,” and that IA believed Standard 2100’s “level of detail is not necessary or appropriate in the Chipotle environment.” (ECF No.
According to God-frey, Ralph Thumma, Loretta Seneca, Michael Froio, and Andy Keller, all employees at HOPE, would have testified that Godfrey had no involvement in the sales process and that all sales were handled by Burris and Fischer, and that Burris conducted all hiring and training of'employees; See Docket # 336, at 6-10.
This court has jurisdiction to review a decision of the CAVC “with respect to the validity of a decision of the Court on a rule of law or of any statute or regulation ... or any interpretation thereof (other than a determination as to a factual matter) that was relied on by the [CAVC] in making the decision.” 38 U.S.C.
That one of the Board decisions the appellant was appealing was the June 2008 Board decision crystallized when he filed his pro se motion to recall mandate in February 2012, and later his informal brief, including arguments regarding the merits of the Substantive Appeal issue decided in the June 2008 Board decision.
In its papers in opposition to BDP’s motion for judgment, Deltech identifies the Stolt/BDP contract “whereby BDP contracted to perform freight-forwarding duties for Stolt” as the operative one, the breach as a failure to properly prepare the bill of lading, and asserts its position as a third-party beneficiary.
Unclean hands “is a self-imposed ordinance that closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter in which he seeks relief’ and originates from “the equitable maxim that ‘he who comes into equity must come with clean hands.’ ” Precision Instrument Mfg.
First, in the Civil Remedy Notice filed with the State of Florida, Plaintiff alleged that the Defendant “has already been provided with sufficient information in order to warrant a tender of policy limits” and advised that she was “willing to accept the policy limits to settle the claim...” [DE 1-2 at 16].
Plaintiff Laura J. Ramos alleged that her employer, the Federal Bureau of Investigation (“FBI”), discriminated against her on the basis of her race (Count I), subjected her to a hostile work environment (Count II), and retaliated against her after she filed an administrative complaint (Count III).
For the reasons stated above, the Court WITHDRAWS its May 31, 2013, decision, DENIES Mrs. Tagupa’s motion for leave to submit supplemental evidence, SETS ASIDE the Board’s August 2, 2011, decision, and REMANDS the matter for VA to seek verification of service from the Department of the Army.
It is clear, therefore, that upon receipt of a letter disputing the factual accuracy of information in a consumer’s file, Section 1681i imposes a duty on a CRA both to reinvestigate and to either delete the disputed information or disclose the current status of the disputed information to the person disputing the information.
However, plaintiff chose not to pursue a “denial-of-benefits claim” under § 1132(a)(1)(B), presumably because of “the broad discretion that [defendant] enjoys in construing the terms of the Certificate, which in turn would necessitate a showing that its decision to deny [plaintiffj’s claim was arbitrary and capricious.”
Where, as here, a prisoner “challeng[es] the very fact or duration of his physical imprisonment, and the relief he seeks is a determination that he is entitled to immediate release or a speedier release from that imprisonment, his sole federal remedy is a writ of habeas corpus.” Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct.
It is an unfair labor practice for a labor organization to, among other things, “interfere with, restrain, or coerce any employee in the exercise by the employee of any right under” the chapter of the CSRA related to union and labor rights, or “to otherwise fail or refuse to comply with any provision of this chapter.” 5 U.S.C.
The Court notes, however, that the clause authorizing the payment of attorney’s fees in Estate of Gaines is much broader than the clause contained in this case, which limits payment to “charges incurred in the administration of the Trust.” Restated Revocable Living Trust dated May 1, 2006, DN 27-6, p. 13.
Conversely, when the preponderance of the evidence weighs against the claim, “[the Board] necessarily has determined that the evidence is not ‘nearly equal’ or ‘too close to call,’ and the benefit of the doubt rule therefore has no application.” Ortiz v. Principi 274 F.3d 1361, 1365 (Fed.Cir.2001).
Broad prophylactic prohibitions that fail to ‘respond precisely to the substantive problem which legitimately concerns’ the State cannot withstand intermediate scrutiny.” 838 F.3d at 73 (quoting Members of City Council of City of L.A. v. Taxpayers for Vincent, 466 U.S. 789, 810, 104 S.Ct.
The emphasized clause is referred to as the “residual clause,” and in Johnson 2015 the Supreme Court held that the residual clause “denies fair notice to defendants and invites arbitrary enforcement by judges,” and, therefore, violates the due process clause of the Constitution.
Sony attached the images with its message “User’s current photo downloads included the following: .... ” Without use of a filter like a hash value system, no one at Sony could have known about Susan_14’s photos unless someone actually had “use[d] human eyes” to review them.
The court saw “no way for the government to obtain a meaningful share in an entireties property without forfeiting some part of the innocent spouse’s interest, as long as the spouses remain married to each other and do nothing to terminate the entireties estate.”
The bankruptcy court granted summary judgment in favor of NBI, holding that White was estopped from re-litigating whether he committed fraud against NBI, and on November 9, 2011, entered judgment in favor of NBI and against White in the amount of $378,486.17.
However, the DOC admits that it is unfamiliar with the billing practices of most Minnesota shops and reached this conclusion primarily based on representations from Reid, Rosar, Schmultz, and a few others affiliated with Minnesota’s auto-glass industry.
Accordingly, to be entitled to equitable tolling, Ms. Cheeo must have exercised due diligence between July 6, 2011 — the date of the Board decision — and October 6, 2011 — the date on which the Board decision was resent to her at her new address.
Over the course of almost one year, [the Plaintiff] did receive[] $108,500.00, possibly from the $424,233.00 which is unaccounted for; however, it is unclear whether the $108,500.00 came from one of the Trust Enterprise accounts, Defendant Birch’s IOLTA account, or an unknown account.”
The District Court found that the plaintiffs’ overtime claim was factually inadequate, on the ground that, “[t]he abundance of allegations notwithstanding,” the plaintiffs “failed to allege a single specific instance in which a named Plaintiff worked overtime and was not compensated for this time.” App.
Haddad alleges that Midland Funding “is engaged in the business of a collection agency, using the mails and telephone to collect consumer debts originally owed to others,” is licensed as á collection agency by the State of Illinois, and’“regularly collects or attempts to collect defaulted consumer debts.” Doc.
Accordingly, intertextually, these examples of the legislature’s multiple other uses of the disputed phrase and ones similar to it in other versions of the statute and the very enactment applicable here, convince us that it uses the phrase to mean the interpretation urged by Defendants, rather than by Plaintiff.
The court cannot conclude, without additional facts, whether Benedetto’s arrest was either “a basic assumption on which the contract was made” or “foreseeable.” Thus, Delta may not use the doctrine of impossibility to defeat Benedetto’s breach of contract claim at this stage of the litigation with the facts as pleaded.
Therefore, the references in the minutes to “retention” and “maintaining the status quo” relied on by plaintiffs need not be definitively construed by the Committee as indicating an intent to provide the enhanced benefits to employees whose entities were sold but who continued working for the purchasing employer.
Defendant notes that the Department of Justice publieally has taken the position for almost 20 years that the highest willfulness standard applies to campaign-finance violations, as indicated in both its manual published soon after Cheek and Ratzlaf but before Bryan and by its manual published almost 10 years after Bryan.
Even though he asks for rescission of the note and mortgage in his Complaint, Plaintiff argues that “[determining whether Blake properly rescinded the promissory note does not require the Court to exercise jurisdiction over the property to grant judgment, nor does it result in the Court awarding possession of the property to any party.” (Pl.’s Memo.
The contracting officer endeavors to select the approach that will provide the best overall value to the Government, understanding that the “relative importance of cost .of price may vary.” Id, For example, when “the requirement is clearly definable and the risk of unsuccessful contract performance is minimal, cost or price may play a dominant role in source selection.”
First, the court must “tak[e] note of the elements a plaintiff must plead to state a claim.” Second, the court should identify allegations that, “because they are no more than conclusions, are not entitled to the assumption of truth.” Finally, “where there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement for relief.”
He alleged three federal claims: (1) that the defendants, acting individually, jointly, and in conspiracy, deprived Beaman of a fair trial by withholding material exculpatory evidence in violation of Brady (individual liability); (2) that the defendants conspired to deprive Beaman of material exculpatory evidence (conspiracy liability); and (3) that the defendants failed to intervene in preventing the violation of his rights (failure to intervene liability).
Plaintiffs further allege that notwithstanding the termination of their license agreements, Daewoo and its owner, Ro, continued to rent and even sell infringing and pirated copies of plaintiffs’ works, which were obtained via Internet downloads and unauthorized personal copying, and/or from defendant Korean Korner, Inc. (“Korean Korner”) and defendant Sun Yop Yoo (“Yoo”), the former owner of a now-defunct video store by the name of Ann Bang Video.
Darren L. DeFlanders (“DeFlanders”) appeals from the decisions of the United States Court of' Appeals for Veterans Claims (“Veterans Court”) affirming the decisions of the Board of Veterans’ Appeals (“the Board”): (i) finding that De-Flanders had not submitted new and material evidence sufficient to reopen claims for service-connected disability compensation for a left knee disability and spots on the lungs; (ii) denying compensation for spots on the brain; and (iii) denying a disability rating in excess of 10% for non-cardiac chest pain.
Succinctly stated, the Secretary’s contention that § 4.85(a) requires the effective date for an increased disability claim to be set in accordance with the date a Maryland CNC test is administered not only adds words to the regulation that are not there, but it also conflicts with the plain meaning of section 5110(b)(3), which requires the effective date of an award of increased compensation to be “the earliest date as of which it is ascertainable that an increase in disability had occurred.” 38 U.S.C.
Given the holding in Koloms, the question remaining for the Court, then, is whether the underlying suits are like the furnace leak in Koloms, namely, the type of isolated, run-of-the-mill result from day-to-day operations and properly covered, or whether they arise from “traditional environmental pollution.” Though it may be more art than science to determine when the isolated consequences of normal business operations end and “traditional environmental pollution” begins, the instant case falls cleanly within the definition.
Works Co. are: (1) the defendant's good faith effort to comply with the statute: (2) the defendant's degree of culpability; (3) the defendant’s histoiy of previous violations; (4) the nature of the public interest in ensuring compliance with the regulations involved; (5) the nature and circumstances of the violation at issue; (6) the gravity of the violation; (7) the defendant’s ability to pay; (8) the appropriateness of the size of the penalty to the defendant’s business and the effect of a penalty on the defendant’s ability to continue doing business; (9) that the penalty not otherwise be shocking to the conscious of the court; (10) the economic benefit gained by the defendant through the violation; (11) the degree of harm to the public; (12) the value of vindicating the agency authority; (13) whether the party sought to be protected by the statute had been adequately compensated for the harm; and (14) such other matters as justice may require.
In his claim for negligence, Plaintiff alleges that Defendant NDI’s potentially negligent conduct includes: (1) failing to ensure a proper chain of custody of the subject specimen; (2) failing to communicate with Plaintiff and the testing facilities any and all factors which could or did affect the testing; (3) failing to take into account and eliminate any and all factors which may improperly influence the tests; (4) failing to prevent testing results of and/or reporting of a “false-positive”; (5) failing to pre-test interview Plaintiff to rule out abnormalities which could and/or did influence the tests; (5) failing to maintain and/or cause to be maintained appropriate quality-control testing and/or reporting mechanisms and/or protocols; (6) failing to comply with governing procedures, regulations, protocols, and/or laws concerning reporting and/or testing; and (7) failing to monitor and/or control others’ compliance.
For instance, the Two Left Feet treatment supplements the real amateur competitors with a few “goofballs” for “comic relief of course,” and “a few ringers to make the other guys envious and competitive.” Likewise, the treatment describes one host as an “ex law enforcement officer, federal agent, with a masters degree in Social Work,” who would use this background to “manipulate” the other host, a “biochemist with a cool analytical nature, yet a vicious temper,” and who would focus on analyzing competitors using various scientific parameters, such as “bodyfat” and other statistics.
Judge Gordon Graham signed an order appointing Defendants McQueen and Tonigan as special state’s attorneys to investigate and prosecute individuals for using their official position in the SAO to give benefits in criminal prosecutions to friends, relatives, and supporters.
At the time, the state-sponsored terrorism exception did not provide an independent cause of action, but instead acted “as a ‘pass-through’ to substantive causes of action against private individuals that ... may exist in federal, state or international law.”
The claim is based on conduct that occurred before 2004, so in order for the Kansas Securities Act to apply, the case must have been instituted within that statute’s limitations period, or by July 1, 2010, five years after the effective date of the Uniform Act.
To unravel the plot against him, Mr. Blaney requested that the Veterans Court convene' a special investigating committee, enter summary judgment on his claims, and issue an order that would enable Mr. Blaney to sue the Veterans Court and the VA.
The District Court held a suppression hearing and heard testimony from one witness for the Government — Officer Hough — and five witnesses for the defense — Ismail, Delaine, Siddiqah, Tazke-yah, and Richard Thomas, III, a friend of Mallory’s.
Although it is generally the case that “when an expert relies on the opinion of another, such reliance goes to the weight, not to the admissibility of the expert’s opinion,” Ferrara & DiMercurio v. St. Paul Mercury Ins.
“Under Twombly’s construction of Rule 8 [a plaintiffs] complaint [must] ‘nudge[ ] [any] claims’ ... ‘across the line from conceivable to plausible.’ Ibid.” Iqbal, 556 U.S. at 680, 129 S.Ct.
To do this, “a plaintiff may show that the employer’s explanation is “unworthy of - credence ... because it has no basis in fact.” Torgerson v. City of Rochester, 643 F.3d 1031, 1047 (8th Cir.
He testified that he did not understand courtroom procedures, or phrases such as “constitutional right,” “consult with attorney,” “inference,” or “degree” — all terms that were used by the trial judge in colloquies with Newman.
The legal sufficiency of each.claim asserted against the defendant, a foreign embassy, which is presumptively immune from suit under the' doctrine of foreign sovereign immunity,'see Foreign Sovereign Immunities Act (“FSIA"), 28 U.S.C.
One statement was that alcohol dependence can “develop[] to a point where it is irreversible without professional help” and “[a]t such time, the person by himself, may lack the capacity to avoid the continued use of alcohol.” Amicus App.
Similarly, in American Power & Light, the Court upheld a delegation to the SEC to take such actions as necessary to prevent companies from “unfairly or inequitably distributing] voting power among security holders.” 329 U.S. at 104-05, 67 S.Ct.
The Board did not err in finding that “[t]he elapsed time between VA’s receipt of notice in January 2009 and its response in September 2009 does not change the fact the [v]eteran had knowledge, nor does it mitigate his responsibility.” R. at 9.
The Goldmans contend that HALO has no viable fraud claim because it “undeniabl[y]” had “full knowledge of the loss of the Track Group.” Under Missouri law, a plaintiff must justifiably rely on a false statement to assert a claim of fraud.
Plaintiff testified that on nearly a monthly basis between January 2009 and December 2009, she was treated at the clinic because she could not breathe, and for “body ache; heart beating fast; I feel like I’m dying; kept coughing and spitting.
Whether a claim is subject to the Tucker Act depends on whether, “in whole or in part, it explicitly or ‘in essence’ seeks more than $10,000 in monetary relief from the federal government.” Kidwell v. Dep’t of Army, Bd.
In their briefing, the parties refer to this Notice of Lapse as the May 23 Notice, but the Court will refer to it as the May 24 Notice because the Policy’s 61-day grace period began on the 24th when the notice was sent.
By letter dated June 5, 2007, Holzrichter responded to a question posed by a representative of WisDOT: “Isn’t joining the Union your choice?” He answered stating that he could not join a union because of economic, moral and ethical considerations.
As a result of this holding, we need not address whether section 5121 of title 38 could be inapplicable to FVECF claims for the additional reason that section 5121 may be preempted by ARRA section 1002(c), which governs the scope of FVECF survivor claims.
Mr. Lewis has alleged improprieties, related to tuition and fees, and he has alleged'that Full Sail charged him for courses that he did not take, but he has not provided any specifics concerning misrepresentations made by Full Sail or any other defendant.
Although Wesolowski complains that he first requested dental treatment on October 1, 2001, and that he was not examined by a dentist until April 11, 2002, he fails to allege any factual basis whereby that delay can be attributed to one or more of the defendants.
Dr. Wood was also unable to devise a permanent accommodation that would have allowed Crider to fulfill her responsibilities with respect to site visits, conferences and other weekend events without at least some work or travel on Friday nights and Saturdays.
The invention attempts to: (1) prevent bubble fluid or (2) air from flowing back through the tube; (3) hold sufficient bubble fluid so as not to limit the quality of the bubbles; and (4) prevent bubble fluid from dripping down the outside of the tube onto the user.
As a result, the RO assigned Mr. Delisle a 100 percent disability rating for the period from April 7, 2010 to May 31, 2011, and assigned a 60 percent rating, along with a total disability rating based on individual employability for the period following May 31, 2011.
For ease of reference, these other creditors shall be referred to collectively as the “Lender Group.” As their agent, Mittman engaged in extensive litigation with the Judgment Creditors over the right to receive approximately $841,000.00 due to the Debtor from Vonage.
Although the Board noted that DC 5280 was potentially applicable in light of Mr. Copeland’s diagnosis of hallux valgus, it determined that his hallux valgus was only “slight to moderate without surgical resection,” and so a separate disability rating was not warranted.
The cases Regions offers in support of its argument do not examine this alleged requirement in any detail, but merely make a passing reference to being “charged for the call.” See Osorio v. State Farm Bank, F.S.B., 859 F.Supp.2d 1326, 1329 (S.D.Fla.2012); Knutson v.
If not, analysis proceeds to step four, and the ALJ determines the claimant’s residual functional capacity (“RFC”), which is the ability to perform physical or metal work activities on a sustained basis, notwithstanding limitations for the collective impairments.
Similarly, given the existence of similar designs in the market and Huitink’s use of established engineering standards, the fact that Huitink admits that he created his proposed alternative design solely for the purposes of this litigation (Huitink Dep.
After reviewing the relevant Ohio and federal statutes, he found that “abuse” is defined as “the willful infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain or mental anguish.”
In the exhibit, Plaintiffs provide factual allegations that MacIntyre was not paid for a total .of 76 hours of overtime between 2012 and 2014, and Sullivan was not paid overtime-for a total of 48 hours in 2013 and 2014.
The Government argues that Mr. Haddad does not have standing to sue for the ’844 patent, because Mr. Haddad transferred all substantial rights in the ’844 patent to sole exclusive licensee Astornet, Gov’t Mot.
The First Circuit has held that “retaliation claims are preserved so long as the retaliation is reasonably related to and grows out of the discrimination complained of to the agency.” Clockedile v. N.H. Dep’t of Corr., 245 F.3d 1, 6 (1st Cir.2001).
In order to survive a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, a plaintiff must plead sufficient factual allegations “to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570, 127 S.Ct.
Generally, more weight is give[n] to the opinions of treating sources, even “controlling weight,” if they are well supported by medically acceptable clinical and laboratory diagnostic techniques and not inconsistent with other substantial evidence (20 CFR 416.927(d)2).
Trooper Rivera, working under the name “Jose,” then told Haskell that he could compensate for the botched drug deal by burning down a house in Springfield and an abandoned property in Holyoke, Massachusetts, as part of a fictional insurance scam “Jose” was purportedly arranging.
If an exceptional disability picture is found, the RO or Board must determine whether related factors exist such “as marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular schedular standards.” 38 C.F.R.
Back in open court, the judge put on the record what he had ruled (he would • allow evidence that Lawson failed to report income but not evidence that Lawson failed to file tax returns), but not why he reached these conclusions or how he thought a jury could make proper use of the tax evidence.
As I explained at summary judgment, to determine whether a defendant has met its burden of proving the routine maintenance exemption, courts examine the projects, taking into account the 1) nature and extent, 2) purpose, 3) frequency, and 4) cost of the activity to arrive at a common-sense finding.
To prevail on such a claim, the plaintiff must establish that: (1) he is a member of a protected class; (2) was subjected to unwelcome sexual harassment; (3) the harassment was based on sex; (4) the harassment created a hostile work environment; and that (5) the employer is vicariously liable.
While several circuits have held that merely placing child pornography in a shared folder on a file sharing network warrants application of a distribution enhancement, no circuit has relied on the Sentencing Guidelines definition of “distribution” to interpret the meaning of the term in § 2252(a)(2).
Therefore, “if a restriction or condition is not reasonably related to a legitimate goal — if it is arbitrary or purposeless a court permissibly may infer that the purpose of the governmental action is punishment that may not constitutionally be inflicted upon detainees qua detainees.”
Lastly, he alleges that on August 20, 2014, he learned the “forms never reach[ed] [the New] Orleans[] [RO]” and “the counselor [] was upset that [he] continue® to call asking about these form[s] and want[ed] to know who [] [he] had been talking to,” and refused to filed a notice of appeal.
A jury is not required to accept an expert’s opinion, and defendants’ experts present different opinions, but a jury could reasonably find, on the basis of plaintiffs’ experts’ opinions, that it is more likely than not that one of defendants’ PIFs was contaminated and caused E.B.’s illness,
Approximately one week later, the FTC and Defendant filed a Consent Judgment and Order in which Defendant agreed to, among other things, not assess or collect “any Fee for a Default-Related Service unless it is a reasonable Fee charged ... for a Default-Related Service that is actually performed.” (Doc.
The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted.
Ms. Haynes later submitted a request to the Regional Office to reopen her claim on the presentation of new documentation showing a decision by the Army Board of Correction of Military Records (“ABCMR”) to award Ms. Haynes an annuity as a “former spouse” under the Uniformed Services Former Spouse Protection Act (“USFSPA”).
Five months after Mayor Graf was elected, he published a “From Your Mayor” opinion piece in the Farmingdale Observer, which stated, in part: “We have defined an area of the Village for possible redevelopment and have ... put this plan on the ‘front burner.’ Much of the property [near] Secatogue Avenue ... is within the ‘blighted’ area.” (Ex.
The district court had federal question jurisdiction over the § 1983 claim and supplemental jurisdiction over the state-law gross negligence claim, and "a federal court exercising supplemental jurisdiction over state law claims is bound to apply the law of the forum state to the same extent as if it were exercising its diversity jurisdiction.” Bass v. First Pac.
Those guidelines, the 2005 Flow Plan explicitly provides, are set forth in “SunTrust Mortgage guidelines that are currently being used and have been mutually agreed upon.” The partial integration doctrine obtains in situations where, wholly unlike this one, the written instrument is silent on a material issue and consequently fails to impart a “complete legal obligation.” Cf.
On appeal to this Court, the appellant argued that she satisfied the criteria for non-service-connected burial benefits because (1) the phrase “in receipt of compensation” in section 2302(a)(1) should be interpreted to include those veterans who were entitled to receive compensation at death, and (2) Mr. Wingard was entitled to receive compensation at the time of his death because 38 U.S.C.
In order to establish a prima facie case for discrimination under § 1981, the plaintiff must show that (1) it is a member of a protected class; (2) it sought to enter into a contractual relationship with the defendant; (3) it met the defendant’s ordinary requirements to enter into a contract with it; (4) it was denied the opportunity to enter into a contract with the defendant that was otherwise afforded to companies owned by whites.
Courts may issue a writ of mandamus only if three conditions are satisfied: 1) the petitioner must demonstrate that he lacks adequate alternative means to attain the desired relief, thus ensuring that the writ is not used as a substitute for the appeals process, 2) the petitioner must demonstrate a clear and indisputable right to the writ, and 3) the court must be convinced, given the circumstances, that the issuance of a writ is warranted.
In determining when an action is commenced by the Secretary of Labor under this subsection for the purposes of the statutes of limitations provided in section 255(a) of this title, it shall be considered to be commenced in the case of any individual claimant on the date when the complaint is filed if he is specifically named as a party plaintiff in the complaint, or if his name did not so appear, on the subsequent date on which his name is added as a party plaintiff in such action.
While a federal court may exercise supplemental jurisdiction over state law claims “that are so related to claims in the action within [the Court’s] original jurisdiction that they form a part of the same case or controversy under Article III of the United States Constitution,” a court may decline to exercise such jurisdiction where it “has dismissed all claims over which it has original jurisdiction.” Indeed, unless “consideration of judicial economy, convenience and fairness to litigants” weigh in favor of the exercise of supplemental jurisdiction, “a federal court should hesitate to exercise jurisdiction over state claims.” Because Plaintiffs complaint fails to state a viable federal claim, and because this case is at the beginning stages of litigation, the Court declines to exercise supplemental jurisdiction over Plaintiffs state law claims at this time.
While there is no evidence in the Thurman opinion that the plaintiff expressly challengfed the application of the limitations provision on the basis of the change in corporate entity, this Court finds the Sixth Circuit’s application of the Chrysler Corporation provision instructive; in the absence of evidence or legal authority to the contrary, the agreement with Pinnacle precludes a finding of a legitimate expectation of just cause employment.
In this matter, Dr. Pence offers four opinions: (1) BSC did not conduct adequate testing of the Pinnacle product prior to placing them on the market; (2) the Pinnacle product was inadequately labeled; (3) patients could not adequately consent to the surgical implantation of the Pinnacle due to the misbranding of these products; and (4) BSC failed to meet the post-market vigilance standard of care for their products, leading to further mis-branding.
However, even if the Plaintiff does so and makes out a prima facie retaliation claim because “there is evidence that the adverse employment action was motivated in part by protected speech, the government can avoid liability if it can show that it would have taken the same adverse action in the absence of the protected speech.” Heil v. Santoro, 147 F.3d 103, 109 (2d Cir.1998).
Moreover, any such inference is belied by Commerce’s reference to its final determination in Galvanized Steel and Wire From the People's Republic of China, which describes Commerce's offsetting practice for the AD cash deposit rate as premised only on the concept that domestic subsi dies had a symmetrical effect upon export and domestic prices.
Ms. Swanson also argues that the Veterans Court failed to decide an issue correctly, but she does not support this allegation with anything more than the phrase “controversies to which the United States shall be a part” followed by citations to two Supreme Court cases addressing the scope of the judicial power under Article III.
However, other Ninth Circuit cases shed some light on exactly when detention becomes “prolonged.” First, in Nadarajah v. Gonzales, the Ninth Circuit reviewed Supreme Court cases and found that the Court had “used the six-month period as the touchstone of reasonableness.” 443 F.3d 1069, 1080 (9th Cir.2006).
Based on the totality of the circumstances—the anonymous caller claiming to have eye-witness knowledge, the contemporaneous reporting of the activity, and the specificity of the description of the person holding the firearm, which the PRPD matched to Rivas-Castro—the call was reliable.
Citadel further alleges that it has been damaged by “breach of the parties’ agreement because it has lost the benefit of the bargain it would have otherwise enjoyed if it had been able to complete the project and lease it to [WRMC], as called for in the parties’ agreement.”
Plaintiffs also admit that “the Complaint and the exhibits ... allege a pattern of racketeering extending to just under one year,” but they argue- that “the ‘two year’ requirement in order to establish closed-ended continuity is not a bright-line rule.” (Pis.’ Opp’n Br.
In her summary judgment briefs, Otico presented a surprise argument (a surprise to Hawaiian and to the Court, anyway) that Hawaiian failed to pay her for ten minutes of time she worked on each of eight separate days after she’d completed the training program.
Although the title refers to wartime, section 1157 extends the compensation rates in sub-chapter II "to those veterans who served during a period of war and during any other time, who have suffered a disability in the line of duty in each period of service.”
Tutin also wrote that Santangelo struggled to adapt even though he was expected to recognize problems and react more quickly moving forward and that Tu-tin expected Santangelo to transform Alsip into a more robust and flexible group capable of addressing industry challenges.
Without an admission from GEICO, medical testimony from an expert or her treating physician, or circumstances of the type that lay jurors could extrapolate from the evidence a causal connection between accident and injury, Blair is unable to make that showing as a matter of law.
The Board also found that the medical evidence of record, especially the 2011 examiner’s report, showed that other post-service injuries and normal wear and tear of age and his employment as a truck driver, not any basic training injury, most likely caused Vann’s lower back pain.
Finally, contrary to Defendant Hernandez’s assertions, the Report concluded that, based upon the “supporting documentation, it appears that [EPFCU] sustained a loss of at least $19 million resulting from the actions of their former employee ... Hernandez.” Report 4 (emphasis added).
The Second Amended Complaint makes clear that the relator is alleging that Boston Heart’s claims were “legally false” because, according to the relator, Boston Heart certified that the tests it performed were medically necessary even though they were not medically necessary for certain populations.
Relying on these cases and a textual analysis of the provisions at issue, Husic argues that § 212(h) has been made unavailable only to an alien who was admitted as an LPR, rather than one who, like Husic, adjusted to LPR status once already in the United States after lawful entry as a visitor.
Similarly, the fact that the regulation authorizes a single extra-schedular evaluation— “an extra-schedular evaluation” — arising from the “disability or disabilities” indicates that referral for extra-schedular evaluation may be based on the collective impact of the veteran’s disabilities.
Considering the policy and purpose behind Rule 13(a), the court permitted the claim to go forward because it found no sign of the “circuity of action that Rule 13(a) was aimed at preventing,” since the plaintiffs bringing of multiple actions was required by statute.
Second, appointing an interim director does not require the appointing authority to provide the same benefits; indeed, if it did, then the on-leave employee could contend that the position was filled on a permanent basis while she was on FMLA leave.
Once the movant properly configures a summary-judgment motion, the burden shifts onto the nonmovant—or “the party who bears the burden of proof at trial,” Geshke v. Crocs, Inc., 740 F.3d 74, 77 (1st Cir.
Furthermore, the plaintiff concedes in her Opposition that the Act was enacted “to keep D.C. residents out of harm’s way,” and therefore creates a “general public duty.” Pl.’s Opp’n to Defs.’ Mot.
In addition, the Secretary states that “it is clear [that DC] 5284 is not applicable in this case,” as the plain language of that DC “foreclose[s] rating a foot condition ... that was not the result of an in-service injury.”
Plaintiff concedes that her wrongful discharge claim “does not fit within the limitations of the WLAD, FMLA or WFLA because she did not meet the required number of hours worked in the year prior to the accrual of her claim.” ECF No.
Because the State of South Dakota filed suit on its own accord in state court in this case, at a time of its own choosing, with its hand-picked defendants, no such unfair prejudice is present, and FAG Bearings can appropriately be distinguished.
The Government has called at trial two so-called “cooperating witnesses,” ie, alleged co-conspirators of the defendants who have pleaded guilty and who are “cooperating” with the Government by testifying at trial in hopes of receiving a sentence reduction.
A farmout agreement is "[a] very common form of agreement between operators, whereby a lease owner not desirous of drilling at the time agrees to assign the lease, or some portion of it (in common or in severalty) to another operator who is desirous of drilling the tract."
To the extent Mr. Washington argues that the Veterans Court should have decided the gunshot wound claim in his favor without requiring a remand, he raises factual .issues of sufficiency of the evidence concerning his duty status at the time he was shot, and issues of his credibility.
The Fourth Circuit reasoned that Geriatric Release does pot provide juveniles with the opportunity to obtain release “based on demonstrated maturity and rehabilitation,” as required by Graham, because the Parole Board has the authority to deny release “for any reason whatsoever.”
Before this court, Mr. Smith characterizes the Plan as a settlement agreement and argues that the Veterans Court failed to “enforce” the settlement agreement; Mr. Smith requests that we remand his case to the Veterans Court with instructions that it “enforce” the settlement agreement approved by this court in NOVA.
In this case, where the plaintiff has not produced time-sheets and the defendant has failed to respond, the Court will accept Martinez’s declaration, submitted under the penalty of perjury, as to the hours she worked and wages she received, except to the extent that her declaration seeks relief beyond that sought in the complaint.
In all, the development of the Plan entailed a process of shifting and re-shifting portions of the County from one district to another, reviewing the resdlt, and trying again.” The Commissioners deferred greatly to Brace in developing the remedial plans, and further deferred to Brace and their attorneys regarding the plans’ legality.
The quagmire of alternative definitions for assault on a female is further highlighted in the more recent cases arising out of the North Carolina appellate courts, which seem to recognize proof of either force or violence, particularly in cases where a battery based on force alone, even if only slight, provides the basis for the “assault” element of the crime.
The Wisconsin Supreme Court concluded that chapter 980 did not require dismissal of Gilbert’s commitment petition because the chapter does not contain language allowing for dismissal in his circumstances, does not set a time period for execution of a commitment order, and provides that an individual may be simultaneously committed under chapter 980 and incarcerated at a DOC facility.
Plaintiff Fraternal Order of Police Penn-Jersey Lodge 30 (“FOP”) brought this action against Defendant Delaware River Port Authority (“DRPA”) to move the Court for a mandatory injunction ordering the DRPA to submit to binding interest arbitration over the terms and conditions of employment for the patrol officers, corporals, and sergeants whom FOP represents and whom DRPA employs.
Third, because applications for second or successive petitions based on Johnson arguably must be filed before June 26, 2016 (we do not decide that question now), if the Supreme Court concludes in Welch that Johnson is retroactive, failing to hold the applications in abeyance could deprive petitioners of the benefit of Johnson’s ret-roactivity and render a determination of retroactivity meaningless, as a practical matter.
Finally, this Court has considered Peters’s reliance on United States v. Quinones, wherein the court, faced with a similar motion, granted the defendant’s request for a stay of forfeiture, reasoning that “[i]f the government were to sell the four parcels in such a [slumped] market, they [sic] would, in effect, be foregoing any potential for appreciation in value once the market recovers; this loss will ultimately be borne by [the defendant] if the forfeiture order is reversed on appeal.” No.
On appeal, Niehaus reinterprets the accepted facts of this case and attempts to paint USB as an “ ‘eyes wide open’ participant in the fraud.” She bases her allegation that USB conspired with her on the assertions that (1) USB knew of her unlawful conduct by early 2010 when it confronted her about her fraud and asked her to resign; (2) one of USB’s owners refused her resignation and thereby allowed her to continue to embezzle funds; (3) USB advised her to withdraw D.C. and J.C.’s funds and transfer the money to another bank; arid (4) in the civil suit, USB agreed to release Nie-haus from any and all claims relating to the litigation.
Witness, for example, his continued emphasis on the facts that Mr. Mitchell could have appealed the September 2003 decision, challenged its determination that new and material evidence had not been submitted, and raised the fact that VA never respond ed to the December 1973 audiogram, but failed to do so, post at 445, even though the Federal Circuit explicitly rejected almost identical objections in Beraud, see 766 F.3d at 1406 n. 1.
The court’s central purpose in granting leave to implead a third party is “to promote judicial efficiency by eliminating the necessity for the defendant to bring a separate action against a third individual who may be secondarily or derivatively liable to the defendant for all or part of the plaintiffs original claim.” Sw. Adm’rs, Inc. v. Rozay’s Transfer, 791 F.2d 769, 777 (9th Cir.1986).
A reciprocal insurance exchange, “in its pure form ... is a web of contractual relationships between subscribers who agree to insure one another, consummated through a common agent with power of attorney.” The overriding question is whether USAA is properly treated as a corporation or an unincorporated association for purposes of diversity jurisdiction.
Congress enacted the FDCPA in 1977 “to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.” 15 U.S.C.
See e.g., Potts, 882 F.2d at 1324 (“A statute modifying the content of state tort law doctrines of contributory and comparative negligence seems to us to be a classic example of the type of substantive rule of law binding upon a federal court in a diversity case.”); Winningham v. Swift Trans.
“If the conduct did not violate a clearly established constitutional right, or if it was objectively reasonable for the [official] to believe that his conduct did not violate such a right, then the [official] is protected by qualified immunity.”
Here, relying on its president’s affidavit, plaintiff alleges that “stock ownership [in Patriot Lines and Vessel Operations] was restricted to the Brophys and that the two companies existed as a ‘facade for the [Brophys’] operations.’ ” (Paper No.
But the bottom line is the more protection, if you will, we can provide for the families of those who are going through what has to be just the most horrific time in their life, I think we have an obligation to do it.
Instead, “[vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.” Daubert, 509 U.S. at 595, 113 S.Ct.
Such standards are critical because even in cases where a regulation is content- neutral on its face, “placing unbridled discretion in the hands of a government official or agency ... may result in censorship.” Lakewood, 486 U.S. at 758, 108 S.Ct.
The Agreement further states that the “arbitrators must make their decision within 60 days following the termination of the hearing” and that “[t]he majority decision of any two arbitrators” of the three-arbitrator panel “will be final and binding” on the parties.
Here, Giwa has presented no evidence at all to counter Landes’ affidavit that sets forth her understanding of the facts on which she based her conclusion that Giwa was under-performing as a Senior Urban Planner or that he made mistakes that deserved a lower rating.
Underwriting purposes include, among other things, the decision whether or not to issue a policy, the amount and terms of coverage, and whether to renew or cancel a policy, but an insurer may not obtain a consumer report for the purposes of evaluating a claim.
That record also stated that on that date the “[c]ourt found defendant guilty as charged in the information and ordered a Judgment of Conviction to be entered on the record.... Court ordered defendant REMANDED into the custody of the Milwaukee County Sheriffs Department.”
The issue here is whether an insured can round up general settlements from its subcontractors, unilaterally decide that they will be allocated to uncovered damages, and then go after the insurers that would cover the damages if the loss was properly allocated to that policy, .
The Supreme Court briefly addressed the issue within the scope of the Fair Housing Act, summarizing that if a tester has “suffered injury in precisely the form the statute was intended to guard against,” then regardless of the motivation behind bringing the suit, an injury has occurred.
For past performance, the solicitation informed offerors that “[t]he Government will conduct a performance confidence assessment based upon the past performance of major or critical aspects of the requirement as it relates to the probability of successfully performing the solicitation requirements.”
When a federal court sits in diversity, it “has personal jurisdiction over a non-resident defendant if (1) an applicable state long-arm statute confers jurisdiction and (2) the assertion of that jurisdiction is consistent with constitutional due process.” Nichols v. G.D. Searle & Co., 991 F.2d 1195, 1199 (4th Cir.1993).
A decision is considered “final and ... appealable where it 1) resolves and seriously affects substantive rights and 2) finally determines the discrete issue to which it is addressed.” Dye v. Brown (In re AFI Holding, Inc.), 530 F.3d 832, 836 (9th Cir.2008) (quoting Schulman v. California (In re Lazar), 237 F.3d 967, 985 (9th Cir.2001)).
Once admitted into the Minnesota Department of Corrections (“MDOC”) system, Brooks received a chemical-dependency assessment, as all new inmates are required to have under Minnesota law, and was ordered to complete treatment in order to be transferred to a lower-security prison, qualify for work release, and avoid disciplinary sanctions.
Such a need is established if either: (1) failure to obtain expedited processing would pose an “imminent threat to the life or physical safety of an individual”; or (2) the requester is “primarily engaged in disseminating information” and shows an “urgency to inform the public concerning actual or alleged Federal Government ■ activity.” 5 U.S.C.