As the absence of a definition indicates, there is no universal accord on the exact meaning of historic waters. There is substantial agreement, however, on the outlines of the doctrine and on the type of showing which a coastal nation must make in order to establish a claim to historic ...
Haubert, 179 F.3d 19, 28 (2d Cir. 1999) (noting that the phrase "conditions of confinement" has a plain meaning, which "encompasses all conditions under which a prisoner is confined," including deprivation of medical care). The Seventh Circuit, in squarely addressing the issue, found that...
All three of LogMeIn's arguments were infected with its refusal to implement this Court's mandate that the location facility can be more than one program running on more than one computer, and that the Ganger Declaration did not narrow ordinary claim term meaning. When the testimony based on ...
Norex further alleges that defendants committed numerous acts in the United States in furtherance of its scheme that constitute racketeering within the meaning of 631 F.3d 29 (Cite as: 631 F.3d 29) RICO, including mail and wire fraud, money launder- ing, Hobbs Act violations, Travel Act ...
(2d Cir. 1994). To affirm on that basis, we would have to hold that nominal damages may be deemed compensable within the meaning of Singleton. It is unnecessary for us to reach that question, however, under the facts presented on this appeal. The four episodes involving officers Bugge, ...
there was never a case or controversy within the meaning of Art. III of the Constitution. Geraghty does not breathe life into a stillborn case. Gerstein v. Pugh,420 U.S. 103, 110 n. 11, 95 S. Ct. 854, 861 n. 11, 43 L. Ed. 2d 54 (1975), which held that a district court ...
In the circumstances of this case, we find, as did the magistrate judge, that the clause in the transfer agreement that Sterling "must not become litigious" is not facially invalid. The plain meaning of "litigious" is "prone to engage in lawsuits." Webster's Ninth New Collegiate Dictionary...
"that in seeking to understand the meaning of the guidelines courts likely will look to the commentary for guidance as an indication of the intent of those who wrote them. In such instances, the courts will treat the commentary much like legislative history or other legal material that helps ...
(b) is incorrect. This was evidence tending to show that a conspiracy existed among the appellants and how it operated. "Direct evidence of participation in a conspiracy is probative of the crime charged and thus does not constitute other crimes evidence within the meaning of rule 404(b)."...
It follows that "(p)rivate parties who corruptly conspire with a judge in connection with such conduct are ... acting under color of state law within the meaning of § 1983." Id. at ---, 101 S. Ct. at 187. Even if further proceedings establish Judge Zeller's immunity, Howard and...