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tible to mistaken perception, leading to erroneous conclusions r135] -- especially when collections of stories are treated as quasi-statistics. See Fisher v. Vassar Coll., 70 F.3d 1420, 1444-45 (2d Cir. 1995). And bias can skew anecdotal evidence, as when only those who feel most strongly about an issu
ed his own contractual duties. Pub. Serv. Enter. Grp., Inc. v. Philadelphia Elec. Ca, 722 F. Supp. 184, 219 (D.N.J. 1989) (citing 5 Wright & Miller, Federal Practice and Procedure, § 1235 at 189-90). In other words, "when pleading a claim for the breach of an express contract . . . the complaint must contain som
States v. St. Amour, 886 F.3d 1009, 1013 (11th Cir.), cert. denied, — U.S. —, 139 S. Ct. 205, 202 L.Ed.2d 141 (2018) (quoting ?II United States v. Fisher, 289 F.3d 1329, 1337-38 (11th Cir. 2002)). 16 Our statutory analysis thus should start and end with the language of subsections (a) (5) and (a)(8)
r, as the CVRA requires, she filed a petition for writ of mandamus. See 18 U.S.C. § 3771(d)(3): see also 16 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 3932 (3d ed. 2019) (explaining that a mandamus petition is "an original application to the court of appeals"). The question before
rict Court for the Western District of Washington, Marsha J. Pechman, J., to drug conspiracy. Defendants appealed. Holdings: The Court of Appeals, Fisher, Circuit Judge, held that: (I) it lacked jurisdiction to review sentence imposed within range stipulated to in defendant's plea agreement: (2) d
2'C F dering a hearing or in the scope or dura- tion of a stay can be corrected by courts of appeals through the issuance of man- damus. 6 Moore, Federal Practice, 9 54.10 [4], at 87 (2d ed. 1955). Here. however, appellant has of requested 1 such relief, see Zamore Goldblatt, 2 Cir., 1953. 201 F.2d 738,
ssession may also be obtained from the attorney by similar process following transfer by the client in order to obtain more informed legal advice." Fisher,. United States, 425 U.S. 391, 403-04 (1976) (addressing attorney-client privilege). Accord Shelton American Motors Corp, 805 F.2d 1323, 1328 (8th
ax Labs., Inc. . Twin Laboratories Inc., 183 F. .D. 458, 463, n. 8 (D.Md.1998); 8 Charles Alan Wright, Arthur R. Miller & Richard L. Marcus, Federal Practice and Procedure: Civil 2d § 2023 at 335 (2d ed.1994)(work product materi- als are not beyond the scope of dis- covery on grounds of "privilege"). FN
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