• California
  • Appeal from the United States District Court for the Central District of California J. Spencer Letts, District Judge, Presiding Argued and Submitted February 15, 2001--Pasadena, California Filed March 26, 2001 Before: A. Wallace Tashima and Raymond C. Fisher, Circuit Judges, and Thomas S. Zilly, District Judge. (ilw.com)
  • Castillo contends that his prior state conviction for vio- lating California Penal Code ("CPC") S 12021(a) as a felon in possession of a firearm does not constitute an aggravated fel- ony under 8 U.S.C. S 1101(a)(43)(E), because it is not "an offense described in" 18 U.S.C. S 922(g)(1), the federal felon in possession statute. (ilw.com)
  • From 1971 to 1998, he was elected to thirteen terms as a Member of the U.S. House of Representatives from Northern California's 9th Congressional District, after which he worked as a lobbyist in Washington D.C. Dellums was born into a family of labor organizers, and enlisted in the United States Marine Corps before serving on the Berkeley, California, City Council. (wikipedia.org)
  • Dellums later received his A.A. degree from the Oakland City College in 1958, his B.A. from San Francisco State University in 1960, and his M.S.W. from the University of California, Berkeley in 1962. (wikipedia.org)
  • He also taught at San Francisco State University and the University of California, Berkeley. (wikipedia.org)
  • Proposition 218 was an adopted initiative constitutional amendment in the state of California on the November 5, 1996 statewide election ballot. (wikipedia.org)
  • The credit ratings issue became so heated during the Proposition 218 election campaign that the California State Treasurer, in an effort to calm the municipal bond market, took the extraordinary step of warning measure opponents against exaggerating the possible negative impacts on local government credit ratings and bond issuances when discussing Proposition 218. (wikipedia.org)
  • amendments
  • Here, Patterson's complaint fails to state a claim for relief under the First or Fifth 25 26 Amendments because he fails to allege that Crespo is a person acting on behalf of the federal 27 government. (justia.com)
  • Congress
  • Congress replaced this act with the Bankruptcy Reform Act of 1978 (11 U.S.C.A. § 101 et seq. (encyclopedia.com)
  • However, Congress may abrogate sovereign immunity when the suit is to enforce a statute protecting Fourteenth Amendment rights: We have held also that in adopting the Fourteenth Amendment, the people required the States to surrender a portion of the sovereignty that had been preserved. (wikipedia.org)
  • Congress may authorize private suits against nonconsenting States pursuant to its §5 enforcement power. (wikipedia.org)
  • However, Congress may abrogate state sovereign immunity when it passes legislation to enforce the Fourteenth Amendment. (wikipedia.org)
  • The Manville confirmation order was affirmed in a final judgment rendered by the Second Circuit in The confirmation order in Manville was subsequently ratified by the U.S. Congress (see 11 U.S.C. 524(h)) and used as a model for Section 524(g) of the Bankruptcy Code. (docplayer.net)
  • 1986
  • 2 QUESTION PRESENTED In 1986, the U.S. Bankruptcy Court for the Southern District of New York (Lifland, J.) confirmed a landmark plan of reorganization for Johns- Manville Corporation that channeled hundreds of thousands of asbestos-related personal injury claims into a special trust fund for the benefit of injured workers and their families. (docplayer.net)
  • The bankruptcy court s decision was affirmed by the District Court, but in February 2008, over two decades after the original orders became final, a different panel of the Second Circuit held that the bankruptcy court lacked authority in 1986 to enter a confirmation order that extended beyond the 'res' of the debtor s estate, i.e., insurance policy proceeds. (docplayer.net)
  • defendants
  • American Safety's claims against United National and Indian Harbor are due to be dismissed, and United National and Indian Harbor are due to be dismissed as defendants. (justia.com)
  • IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JOHN K. RICHARDSON Plaintiff vs. DONALD WILLIAMSON, et al, Defendants ) ) ) ) ) ) ) ) ) C.A.No. 08-1283 Pittsburgh District Judge McLaughlin Magistrate Judge Baxter MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION I RECOMMENDATION It is respectfully recommended that the motion to dismiss filed by Defendants Williamson, Brooks, Giroux, Harlow, and Clark [Document # be granted. (justia.com)
  • In the United States, two primary standards govern defendants seeking the insanity defense: the M'Naughten test and the American Law Institute test. (jaapl.org)
  • citizens
  • Thus, most U.S. law (especially the actual "living law" of contract, tort, property, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next. (wikipedia.org)
  • Puerto Ricans are by law natural-born citizens of the United States and may move freely between the island and the mainland. (wikipedia.org)
  • As a U.S. territory, American citizens residing in Puerto Rico are disenfranchised at the national level and do not vote for president and vice president of the United States, and do not pay federal income tax on Puerto Rican income. (wikipedia.org)
  • violation
  • I. Background Castillo pled guilty to a single-count indictment charging him as an alien unlawfully found in the United States follow- ing deportation, in violation of 8 U.S.C. S 1326. (ilw.com)
  • In 1992, Castillo had been convicted of two fel- ony counts in Orange County Superior Court, for being a felon in possession of a handgun pursuant to CPCS 12021(a), and for possession of a handgun in violation of a condition of probation pursuant to CPC S 12021(d). (ilw.com)
  • offense
  • Pinkerton v. United States, 328 U. S. 640 , 643, even if they are based on the same underlying incidents, because the "essence" of a conspiracy offense "is in the agreement or confederation to commit a crime," Bayer, supra, at 542. (justia.com)
  • Court
  • Michael William McConnell (born May 18, 1955 in Louisville, Kentucky) is a constitutional law scholar who served as a United States Circuit Judge of the United States Court of Appeals for the Tenth Circuit from 2002 until 2009. (wikipedia.org)
  • McConnell was nominated by President George W. Bush on September 4, 2001 to a seat on the United States Court of Appeals for the Tenth Circuit, and confirmed unanimously by the United States Senate on November 15, 2002 by voice vote. (wikipedia.org)
  • In 1992, probation officers employed by the State of Maine filed a suit against their employer in United States District Court for the District of Maine. (wikipedia.org)
  • After the dismissal, the probation officers filed the same action in Maine state court. (wikipedia.org)
  • The state court also dismissed the case based on sovereign immunity. (wikipedia.org)
  • Such immunity, the Court continued, is necessary to maintain the state sovereignty that lies at the heart of federalism. (wikipedia.org)
  • The Court RECOMMENDS that Patterson's complaint be 22 dismissed without prejudice in accordance with 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state 23 a claim upon which relief may be granted. (justia.com)
  • A district 28 court may dismiss the complaint of an IFP applicant at any time if it determines that the 11-cv-06137 NC REFERRAL FOR REASSIGNMENT W ITH RECOMMENDATION Case N o. 1 complaint fails to state a claim upon which relief may be granted. (justia.com)
  • If the court can reasonably read pleadings to state a valid claim on which the litigant could prevail, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigant's unfamiliarity with pleading requirements. (justia.com)
  • MEMORANDUM OPINION AND ORDER - For the reasons stated above, the Court DENIES the parties motions for summary judgment. (justia.com)
  • 46, 48).1 For the reasons stated below, the Court denies the motions for summary judgment. (justia.com)
  • 1997
  • The indict- ment alleged that he had been deported on three occasions-- in 1995, 1997, and 1998--and was subsequently found in the United States without permission from the Attorney General. (ilw.com)
  • proposition
  • Lord Chief Justice Holt could state this as an unquestioned proposition already in 1702, as he did in Ashby v. White, 6 Mod. (wikipedia.org)
  • pursuant
  • Pending is a motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure filed by United National. (justia.com)
  • II REPORT A. Relevant Procedural History Plaintiff, a state prisoner1, brought this civil rights action pursuant to 42 U.S.C. 1983. (justia.com)
  • certain
  • Bankruptcy law provides that individual debtors may keep certain exempt assets, such as a home, a car, and common household goods, thus maintaining a basic standard of living while working to repay creditors. (encyclopedia.com)
  • election
  • His politics earned him a place on the so-called Nixon's Enemies List, where his notation stated Dellums "had extensive EMK-Tunney support in his election bid. (wikipedia.org)
  • authority
  • Patterson's complaint also fails to state a claim for relief under 42 U.S.C. § 1983, 28 which provides a cause of action for constitutional violations committed by persons acting under the color of state law, as Patterson does not allege that Crespo acted under the authority of state 11-cv-06137 NC REFERRAL FOR REASSIGNMENT W ITH RECOMMENDATION Case N o. 2 1 law when she purportedly violated his rights. (justia.com)
  • relief
  • The passage of the Bankruptcy Act of 1841 offered debtors greater protections and for the first time allowed them the option of voluntarily seeking bankruptcy relief. (encyclopedia.com)
  • Patterson's complaint, however, fails to 7 state a claim upon which relief may be granted. (justia.com)
  • individuals
  • A record one million individuals filed for bankruptcy protection in the United States in the peak year of 1992, and between 1984 and 1994 the number of personal bankruptcy filings doubled. (encyclopedia.com)
  • Washington state law has long distinguished between individuals who are criminally convicted and those found not guilty by reason of insanity (NGRI). (jaapl.org)
  • Central to the discussion is the distinction between mental health treatment afforded individuals in the state hospitals compared with that available in the prison system. (jaapl.org)
  • found
  • A recently enacted law authorizes the transfer of persons found not guilty by reason of insanity from state psychiatric hospitals to prison facilities. (jaapl.org)
  • crime
  • The state crime, unlike S 922(g), does not include any interstate or foreign commerce element. (ilw.com)
  • District
  • Opinion by Judge Tashima _________________________________________________________________ *The Honorable Thomas S. Zilly, United States District Judge for the Western District of Washington, sitting by designation. (ilw.com)
  • He was elected to the United States House of Representatives in 1970 after being recruited by anti-Vietnam War activists to run against the incumbent, Jeffery Cohelan, a white liberal close to organized labor who had not opposed the war early enough to win reelection in the district. (wikipedia.org)
  • claim
  • American Safety does not allege either Fairfield or GE has submitted a claim to United National or Indian Harbor for the losses in question. (justia.com)
  • north
  • In earlier documents, including the 1778 Treaty of Alliance with France, the Articles of Confederation, and the 1783 Treaty of Paris recognizing American independence, the word "people" was not used, and the phrase the United States was followed immediately by a listing of the states, from north to south. (wikipedia.org)
  • Washington
  • In Washington state, public concern about the potential dangerousness of mentally ill offenders has led to increasing legislative efforts to contain them in secure settings. (jaapl.org)
  • The procedural framework in Washington is illustrative of the consequences of the insanity defense in other states. (jaapl.org)
  • policy
  • In addition to its policy with American Safety, Fairfield obtained insurance policies from United National and Indian River. (justia.com)