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allege that knew an alleged assault would take place; besides which, the plaintiff says she was assaulted by someone else (DE 1-3 at 104-05). See Baker'. Fitzgerald, 573 So. 2d 873, 873 (Fla. 3d DCA 1990) (per curiam) ("Appellant's claim for intentional infliction of emotional distress fails because
the burden of establishing federal jurisdiction under § 1441 rests with the party seeking removal. Carson'. Dunham. 121 U.S. 421, 425 (1887); Diaz, Sheppard, 85 F.3d 1502, 1505 (11th Cir. 1996). The right of removal is strictly construed, as it is considered a federal infringement on a state's power to
ir.1982); Rheatune v. Tex. Dept of Public Safety. 666 F2d 930 (5th ar.1982); United Carolina Bank Board of Tutu, 665 F.2d 553. 562 (5th Cir.I k Baker Norman, 651 F.2d 1107. 1121 (5th Cir.1981))• to obtain medical treatment Again, these claims could survive the government de- fenses of qualified
id not offer or advise Shep- pard of other railroad employment upon his release following the change in A&EC ownership. Soon after his dis- charge, Sheppard learned from an inde- pendent source of an open job as spike puller with an A&EC labor gang out of Morehead City. lie had worked out of New Bern w
efendant fails to object at trial to the admission i of evidence, the court reviews the distri court's ruling for plain error only. United States Baker. 432 F.3d 1189, 1202 (11th Cir.2005). " ere an appellant has objected to a jury instruction at trial, f we review the court's decision to use tha
he therefore needed a favor from her. Scott wanted her to make some money by prostituting herself, and he gave Frey condoms and sent her out with Sheppard and Riebesehl. The three all engaged in sexual intercourse for money, and upon her return to the motel Frey gave Scott all of the money she made.
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