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Unpublished United States Court Of
Appeal: 16-6664 Doc: 18 Filed: 10/06/2017 Pg: 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6664 BASIR MATEEN RAZZAK, Plaintiff - Appellant, v. ACKOYT, Nurse Practitioner; A. GRIZZARD; CCS CORRECT CARE SOLUTIONS, MEDICAL AGENCY; FORSYTH COUNTY DETENTION CENTER SERVICE BUREAU, Defendants – Appellees, and DR. RHOADES, Defendant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Loretta Copeland Biggs, District Judge. (1:15-cv-01016-LCB-LPA) Submitted: September 29, 2017 Decided: October 6, 2017 Before MOTZ, WYNN, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Appeal: 16-6664 Doc: 18 Filed: 10/06/2017 Pg: 2 of 4 Basir Mateen Razzak, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 16-6664 Doc: 18 Filed: 10/06/2017 Pg: 3 of 4 PER CURIAM: Basir Mateen Razzak seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing Razzak’s 42 U.S.C. § 1983 (2012) complaint. “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement,” Bowles v. Russell, 551 U.S. 205, 214 (2007), and the party asserting appellate jurisdiction carries the burden of proving it, Wheeling Hosp., Inc. v. Health Plan of the Upper Ohio Valley, Inc., 683 F.3d 577, 583-84 (4th Cir. 2012). In a civil case like Razzak’s, the notice of appeal must be filed within 30 days after entry of judgment. Fed. R. App. P. -
Table of Contents (V.3 No.1)
Catholic University Law Review Volume 3 Issue 1 January 1953 Article 1 1953 Table of Contents (v.3 no.1) Catholic University Law Review Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Catholic University Law Review, Table of Contents (v.3 no.1), 3 Cath. U. L. Rev. (1953). Available at: https://scholarship.law.edu/lawreview/vol3/iss1/1 This Front Matter is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. THE CATHOLIC UNIVERSITY OF AMERICA LAW REVIEW Volume III January, 1953 Number 1 CONTENTS ARTICLES Page Pretrial Procedure in the District of Columbia ...................... Honorable Alexander HoltzojJ I Some Reflections on Pound's Jurisprudence of Interests .......................... Rev. Dr. Francis 1. Powers 10 COMMENTS Inherent Power of the President to Seize Property ................... 27 Just Compensation and Riparian Interests ........................ 33 A Proposed Amendment to the Constitution ...................... 43 RECENT CASES CONSTITUTIONAL LAW--Captive Audience-Public Utilities- Right of Privacy not Violated by Transit Radio. Pollak v. Public Utilities Commission, 343 U. S. 451 (1952) .............................. 51 CORPORATIONS-Agency-Attorney and Client. Zeeb v. Atlas Powder Co., 87 A. 2d 123 (Del. 1952) .......................... 53 CRIMINAL LAW-Subnormal Mentality as Affecting Criminal Re- sponsibility. Commonwealth v. Elliott, 89 A. 2d 782 (Pa. 1952) ...... 55 FUTURE INTERESTS-Habendum Clause--Condition Subsequent-- Base or Determinable Fee. Ange v. Ange, 71 S. E. 2d 19 (N. C. 1952) 57 INSURANCE-Constitutional Law. -
099-0090.Pdf
Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b AN ACT concerning civil law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: ARTICLE 1. HEART BALM ACTIONS Section 1-1. Findings. The majority of states have abolished heart balm actions. In Illinois, heart balm actions for alienation of affections, breach of promise to marry, and criminal conversation were permitted under the common law before the abolition of those causes of action by "An Act in relation to certain causes of action conducive to extortion and blackmail, and to declare illegal, contracts and Acts made and done in pursuance thereof", filed May 4, 1935, Laws 1935, p. 716. The Illinois Supreme Court held, in Heck v. Schupp, 394 Ill. 296 (1946), that the 1935 Act was unconstitutional and that the abolition of heart balm actions would infringe upon the rights of parties to remedies under Section 19 of Article II of the 1870 Constitution. (Section 12 of Article I of the 1970 Constitution is similar to the relevant portion of Section 19 of Article II of the 1870 Constitution.) Since 1947, heart balm actions have been permitted with limited damages under the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act. Society has since recognized that the amicable settlement Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b of domestic relations disputes is beneficial. In 1977, the Illinois Marriage and Dissolution of Marriage Act became the law of this State. As stated in Section 102 of that Act, among its underlying purposes are: promoting the amicable settlement of disputes that have arisen between parties to a marriage; mitigating the potential harm to the spouses and their children caused by the process of legal dissolution of marriage; and eliminating the consideration of marital misconduct in the adjudication of rights and duties incident to the legal dissolution of marriage, legal separation and declaration of invalidity of marriage. -
Advance Sheets Court of Appeals
248 N.C. App.—No. 4 Pages 456-837 248 N.C. App.—No. 4 ADVANCE SHEETS OF CASES ARGUED AND DETERMINED IN THE COURT OF APPEALS OF Pages 456-837 NORTH CAROLINA JANUARY 14, 2019 MAILING ADDRESS: The Judicial Department P. O. Box 2170, Raleigh, N. C. 27602-2170 COMMERCIAL PRINTING COMPANY PRINTERS TO THE SUPREME COURT AND THE COURT OF APPEALS THE COURT OF APPEALS OF NORTH CAROLINA Chief Judge LINDA M. McGEE Judges WANDA G. BRYANT JOHN M. TYSON ANN MARIE CALABRIA LUCY INMAN RICHARD A. ELMORE VALERIE J. ZACHARY DONNA S. STROUD WENDY M. ENOCHS1 ROBERT N. HUNTER, JR. PHIL BERGER, JR.2 CHRIS DILLON HUNTER MURPHY3 MARK DAVIS JOHN S. ARROWOOD4 RICHARD D. DIETZ Emergency Recall Judges GERALD ARNOLD RALPH A. WALKER Former Chief Judges GERALD ARNOLD SIDNEY S. EAGLES, JR. JOHN C. MARTIN Former Judges WILLIAM E. GRAHAM, JR. K. EDWARD GREENE JAMES H. CARSON, JR. RALPH A. WALKER J. PHIL CARLTON HUGH B. CAMPBELL, JR. BURLEY B. MITCHELL, JR. ALBERT S. THOMAS, JR. HARRY C. MARTIN LORETTA COPELAND BIGGS E. MAURICE BRASWELL ALAN Z. THORNBURG WILLIS P. WHICHARD PATRICIA TIMMONS-GOODSON DONALD L. SMITH ROBIN E. HUDSON CHARLES L. BECTON ERIC L. LEVINSON ALLYSON K. DUNCAN JAMES A. WYNN, JR. SARAH PARKER BARBARA A. JACKSON ELIZABETH G. McCRODDEN CHERI BEASLEY ROBERT F. ORR CRESSIE H. THIGPEN, JR. SYDNOR THOMPSON ROBERT C. HUNTER JACK COZORT LISA C. BELL MARK D. MARTIN SAMUEL J. ERVIN, IV JOHN B. LEWIS, JR. SANFORD L. STEELMAN, JR. CLARENCE E. HORTON, JR. MARTHA GEER JOSEPH R. JOHN, SR. LINDA STEPHENS5 ROBERT H. -
Alienation of Affections in the Conflict of Laws Albert A
Cornell Law Review Volume 45 Article 5 Issue 3 Spring 1960 Alienation of Affections in the Conflict of Laws Albert A. Ehrenzweig Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Albert A. Ehrenzweig, Alienation of Affections in the Conflict of Laws , 45 Cornell L. Rev. 514 (1960) Available at: http://scholarship.law.cornell.edu/clr/vol45/iss3/5 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. ALIENATION OF AFFECTIONS IN THE CONFLICT OF LAWS* Towards the Lex Forifor Admonitory Torts Albert A. Ehrenzweigt "If a cause of action in tort is created at the place of wrong, a cause of action will be recognized in other states. If no cause of action is created at the place of wrong, no recovery in tort can be had in any other state."' This is the "rule" of the Restatement which, for the sake of "certainty," courts throughout the country during the last few decades have invoked in nearly every torts conflicts case-only to reach widely differing results by the haphazard and therefore unpredictable use of various other devices.2 Arbitrary localization of the "place of wrong," arbitrary "characterizations" (e.g., procedure, contract), arbitrary resort to public policy, and even occasional arbitrary flight into renvoi, that "puerile" concept "of violently prejudiced literature,"3 are some of the devices which have been employed. -
Alienation of Affection Suits in Connecticut a Guide to Resources in the Law Library
Connecticut Judicial Branch Law Libraries Copyright © 2006-2020, Judicial Branch, State of Connecticut. All rights reserved. 2020 Edition Alienation of Affection Suits in Connecticut A Guide to Resources in the Law Library This guide is no longer being updated on a regular basis. But we make it available for the historical significance in the development of the law. Table of Contents Introduction .................................................................................................... 3 Section 1: Spousal Alienation of Affection ............................................................ 4 Table 1: Spousal Alienation of Affections in Other States ....................................... 8 Table 2: Brown v. Strum ................................................................................... 9 Section 2: Criminal Conversation ..................................................................... 11 Table 3: Criminal Conversation in Other States .................................................. 14 Section 3: Alienation of Affection of Parent or Child ............................................ 15 Table 4: Intentional Infliction of Emotional Distress ............................................ 18 Table 5: Campos v. Coleman ........................................................................... 20 Prepared by Connecticut Judicial Branch, Superior Court Operations, Judge Support Services, Law Library Services Unit [email protected] Alienation-1 These guides are provided with the understanding that they represent -
Should Tort Law Protect Property Against Accidental Loss
San Diego Law Review Volume 23 Issue 1 Torts Symposium Article 5 1-1-1986 Should Tort Law Protect Property against Accidental Loss Richard Abel Follow this and additional works at: https://digital.sandiego.edu/sdlr Part of the Torts Commons Recommended Citation Richard Abel, Should Tort Law Protect Property against Accidental Loss, 23 SAN DIEGO L. REV. 79 (1986). Available at: https://digital.sandiego.edu/sdlr/vol23/iss1/5 This Article is brought to you for free and open access by the Law School Journals at Digital USD. It has been accepted for inclusion in San Diego Law Review by an authorized editor of Digital USD. For more information, please contact [email protected]. Should Tort Law Protect Property Against Accidental Loss? RICHARD L. ABEL* Tort damages for accidental harm to property violate the funda- mental values of autonomy, equality, and community. Tort law itself recognizes that property is less important than personal in- tegrity. State action, includingjudicial decisionmaking, that seeks to protect property against inadvertent damage either is unprinci- pled and hence arbitraryor reflects and reinforces the existing dis- tribution of wealth and power, or both. Tort liabilityfor acciden- tal injury to property cannot be defended as a means of reducing secondary accident costs, it entails very high transactioncosts, and it has little or no proven value as a deterrent of careless behavior. Consequently, courts should cease to recognize a cause of action in tort for accidental damage to property. t An earlier version of this Article was presented to the Symposium of the Colston Research Society at the University of Bristol, April 3-6, 1984. -
INDIANA LAW REVIEW [Vol
Indiana La^i^ Revleir Volume 24 1991 Number 2 ESSAY Who's Been Sleeping in My Bed? You and Me, and the State Makes Three Phyllis Coleman* I. Introduction Recently a married woman narrowly escaped a trial,* the possibility of two years in prison, and a $10,000 fine for a crime that an estimated sixty percent of the adult American population has committed. ^ Donna E. Carroll, a Wisconsin woman, was charged with having an adulterous affair. * Professor of Law, Nova University. B.S.. 1970; M. Ed., 1975; J.D., 1978, University of Florida. The author wishes to thank Professors John Sanchez and Bob Jarvis for their helpful comments and criticisms. 1. The 26-year-old Wisconsin woman was spared a trial when she agreed to perform 40 hours of community service and undergo two months of parental counseling. Chicago Tribune, May 8, 1990, at 2, col. 3. Her attorney made it clear that the woman agreed to these sanctions not as an admission of guilt, but only to avoid trial. The Times (London), May 9, 1990, Overseas News. This widely reported case "prompted disbelief and hilarity in the liberal northern cities but won approval from many conservative and religious groups." Id. 2. "Despite all the hush-hush, the morality, and the vendettas against those involved in them, affairs are extremely common. Almost everyone engages in one in his or her Hfe at some time." L. Linguist, Secret Lo\'ers xi (1989). Dr. Linguist estimates 70% of married men and 50% of married women have affairs. She also calculates that approximately 60% of all single people have had a sexual relationship with a married person. -
Breach of Promise to Marry and Return of Engagement Ring and Courtship Gifts a Guide to Resources in the Law Library
Connecticut Judicial Branch Law Libraries Copyright © 2001-2021, Judicial Branch, State of Connecticut. All rights reserved. 2021 Edition Breach of Promise to Marry and Return of Engagement Ring and Courtship Gifts A Guide to Resources in the Law Library Table of Contents Introduction .................................................................................................... 3 Section 1: Breach of Promise to Marry and Return of Engagement Ring and Courtship Gifts ............................................................................................................... 4 Table 1: No Fault Approach........................................................................... 20 Figure 1: Substituted Complaint .................................................................... 22 Figure 2: Amendment to first count of plaintiff’s complaint ............................... 25 See Also: Alienation of Affection Suits in Connecticut Replevin in Connecticut Prepared by Connecticut Judicial Branch, Superior Court Operations, Judge Support Services, Law Library Services Unit [email protected] Breach of Promise to Marry – 1 These guides are provided with the understanding that they represent only a beginning to research. It is the responsibility of the person doing legal research to come to his or her own conclusions about the authoritativeness, reliability, validity, and currency of any resource cited in this research guide. View our other research guides at https://jud.ct.gov/lawlib/selfguides.htm This guide links to advance -
Members by Circuit (As of January 3, 2017)
Federal Judges Association - Members by Circuit (as of January 3, 2017) 1st Circuit United States Court of Appeals for the First Circuit Bruce M. Selya Jeffrey R. Howard Kermit Victor Lipez Ojetta Rogeriee Thompson Sandra L. Lynch United States District Court District of Maine D. Brock Hornby George Z. Singal John A. Woodcock, Jr. Jon David LeVy Nancy Torresen United States District Court District of Massachusetts Allison Dale Burroughs Denise Jefferson Casper Douglas P. Woodlock F. Dennis Saylor George A. O'Toole, Jr. Indira Talwani Leo T. Sorokin Mark G. Mastroianni Mark L. Wolf Michael A. Ponsor Patti B. Saris Richard G. Stearns Timothy S. Hillman William G. Young United States District Court District of New Hampshire Joseph A. DiClerico, Jr. Joseph N. LaPlante Landya B. McCafferty Paul J. Barbadoro SteVen J. McAuliffe United States District Court District of Puerto Rico Daniel R. Dominguez Francisco Augusto Besosa Gustavo A. Gelpi, Jr. Jay A. Garcia-Gregory Juan M. Perez-Gimenez Pedro A. Delgado Hernandez United States District Court District of Rhode Island Ernest C. Torres John J. McConnell, Jr. Mary M. Lisi William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Barrington D. Parker, Jr. Christopher F. Droney Dennis Jacobs Denny Chin Gerard E. Lynch Guido Calabresi John Walker, Jr. Jon O. Newman Jose A. Cabranes Peter W. Hall Pierre N. LeVal Raymond J. Lohier, Jr. Reena Raggi Robert A. Katzmann Robert D. Sack United States District Court District of Connecticut Alan H. NeVas, Sr. Alfred V. Covello Alvin W. Thompson Dominic J. Squatrito Ellen B. -
Does Equity Protect Property Rights in Domestic Relations? Thomas D
Kentucky Law Journal Volume 19 | Issue 1 Article 5 1930 Does Equity Protect Property Rights in Domestic Relations? Thomas D. Theobald Jr. Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Family Law Commons, and the Property Law and Real Estate Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Theobald, Thomas D. Jr. (1930) "Does Equity Protect Property Rights in Domestic Relations?," Kentucky Law Journal: Vol. 19 : Iss. 1 , Article 5. Available at: https://uknowledge.uky.edu/klj/vol19/iss1/5 This Note is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. NOTES DOES EQUITY PROTECT PROPERTY RIGHTS IN DOMESTIC RELATIONS? INTRODUCTION In many cases, we find the broad general statement that "Equity protects onl7 property rights." This rule that the office and jurisdiction of a court of equity, unless enlarged by an express statute, are limited to the protec- tion of property rights,1 is a rule of very general application. In People vs. Pro tty 2 the court said: "Injury to property whether actual or prospective is the foundation upon which the jurisdiction of courts of equity rests." And in In Re Sawyer,3 we find the following statement: "The office and jurisdiction of equity, unless enlarged by stat- ute, are limited to property rights." In some decisions, expressions are found to the effect that a court of equity would seem to be as responsive to a call for protection of personal rights, as to one for the protection of rights relating to property.- However, where the sole damage suffered consists of injury to personality, there is very little authority for giving injunctive relief. -
United States Bankruptcy Appellate Panel for the EIGHTH CIRCUIT
United States Bankruptcy Appellate Panel FOR THE EIGHTH CIRCUIT __________ No. 04-6055EM __________ In re: Cynthia Marie Stage, * * Debtor. * * Gail Osborne, * * Appeal from the United States Plaintiff - Appellee, * Bankruptcy Court for the * Eastern District of Missouri v. * * Cynthia Marie Stage, * * Defendant - Appellant. * __________ Submitted: February 8, 2005 Filed: March 10, 2005 __________ Before KRESSEL, Chief Judge, DREHER and MAHONEY, Bankruptcy Judges. __________ KRESSEL, Chief Judge. This case has its origins in alienation of affections litigation in Missouri state court in which a jury awarded Appellee Gail Osborne a $50,000.00 judgment against Appellant Cynthia Marie Stage. Stage appeals from the order of the bankruptcy court granting summary judgment to Osborne based on collateral estoppel. The principal Appellate Case: 04-6055 Page: 1 Date Filed: 03/10/2005 Entry ID: 1876995 issue in this appeal is whether the state court judgment for alienation of affections established that Stage willfully and maliciously injured Osborne for purposes of 11 U.S.C § 523(a)(6). We conclude that it did not, and reverse. BACKGROUND Osborne filed suit against Stage in state court based on the tort of alienation of affections. On July 28, 1999, after a two day trial, the case was submitted to a jury with the following instruction: Your verdict must be for Plaintiff, Gail Ann Osborne, if you believe: First, Plaintiff was married to Daniel Osborne, and Second, Defendant, Cynthia Stage caused Plaintiff to lose the society, comfort, affection