define particularity requirement

2227 results for define particularity requirement

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  • 685 F.3d 511 (5th Cir. 2012), 11-60147, Orellana-Monson v. Holder

    ... possess the social visibility and particularity to constitute " membership in a particular social ..." and (2) " whether the group can be defined with sufficient particularity to delimit its ..." and " social visibility" requirements for defining membership in a " particular social ...

  • __ U.S. __ (2016), 15-7, Universal Health Services, Inc. v. United States ex rel. Escobar

    A Massachusetts’ Medicaid beneficiary received services at Arbour, a mental health facility owned by Universal’s subsidiary. The teenager had an adverse reaction to a medication that a purported doctor prescribed after diagnosing her with bipolar disorder. She died of a seizure. Her parents discovered that few Arbour employees were licensed to provide mental health counseling or to prescribe...

    ... statutes, regulations, or contract requirements that. are material conditions of payment ... FCA does not define a " false" or ". fraudulent" claim, so the ... particularity...

  • 534 U.S. 506 (2002), 00-1853, Swierkiewicz v. Sorema N. A.

    ... evidentiary standard, not a pleading requirement. See, e. g., 411 U.S., at 800. The Court has ... . U.S. 567, 577. It may be difficult to define the precise formulation of the required prima ... VII complaint requires greater "particularity," because this would "too narrowly constric[t] ...

  • __ U.S. __, 16-969, SAS Institute, Inc. v. Iancu

    ... challenge with particularity, § 312(a)(3). The patent owner,. in turn, ... that the petitioner, not the Director, defines. the proceeding’s contours. The ex parte ... 314(a)’s requirement that the Director find "a. reasonable ...

  • 663 F.3d 582 (3rd Cir. 2011), 08-4564, Valdiviezo-Galdamez v. Attorney General of United States

    ... test by adding the concepts of " particularity"\" and \" social visibility.\" Id. .       \xC2"... " [R]efugee" is defined as:. [A]ny person who is outside any country of ...-Galdamez's challenge to the BIA's requirements that a group must have " particularity" and " ...

  • 707 F.3d 1081 (9th Cir. 2013), 09-71571, Henriquez-Rivas v. Holder

    ...19 I. & N. Dec. at 232. The BIA defined a " particular social group" as follows:. [W]e ... has " social visibility" and " particularity." Matter of C-A-, 23 I. & N. Dec. 951, 957, ... have applied the " social visibility" requirement as one of general social " perception" rather ...

  • 563 U.S. 731 (2011), 10-98, Ashcroft v. Al-Kidd

    ... (per curiam)— not to define clearly established law. at a high level of ... addressed by the Fourth Amendment's particularity. requirement, Stanford, supra, at 485, 85. ...

  • 520 U.S. 259 (1997), 95-1717, United States v. Lanier

    ...The court regarded these combined requirements as substantially higher than the "clearly ... the range of forbidden conduct with particularity.          The right to due process ..., the nature of which the statute does not define and hence of which it gives no warning." Id., ...

  • 563 U.S. 27 (2011), 09-1156, Matrixx Initiatives, Inc. v. Siracusano

    ... requirement is satisfied [131 S.Ct. 1312] when there is. ... stated with particularity facts giving rise to a strong. inference of ... to define here what constitutes reliable evidence of. ...

  • 750 F.3d 1077 (9th Cir. 2014), 09-73671, Pirir-Boc v. Holder

    ... social group lacks the requisite particularity and social visibility." Pirir-Boc filed a ...    Prior to Henriquez-Rivas, the BIA defined " particular social group" as a group (1) that ... to meet the social distinction requirement. Id. The . . BIA also found that the proposed ...

  • 461 U.S. 352 (1983), 81-1320, Kolender v. Lawson

    ... clarify what was contemplated by the requirement that a suspect provide a "credible and reliable" ... L.Ed.2d 889.   The California court has defined "credible and reliable" identification as ... failing to describe with sufficient particularity what a suspect must do in order to satisfy the ...

  • 434 F.3d 839 (6th Cir. 2006), 04-2229, Evans v. Pearson Enterprises, Inc.

    ... failure to plead with sufficient particularity.          1. The Trusts and the Parties . ... . the statutory requirements for a claim of stockholder oppression under ... exception to federal jurisdiction is defined by federal law. The Supreme Court, appropriately, ...

  • 125 S.Ct. 2562 (2005), 04-563, Mayle v. Felix

    ... demand that petitioners plead with particularity is to assist the district court in determining ...The majority of Circuits define "conduct, transaction, or occurrence" in federal ... Rule 2(c)'s particularity-in-pleading requirement, Felix's Confrontation Clause claim would be ...

  • 563 F.3d 855 (9th Cir. 2009), 06-72402, Ramos-Lopez v. Holder

    ...8 U.S.C. § 1158(b)(1)(A). The INA defines " refugee," in relevant part, as:. any person ... group's " social visibility" and " particularity." In re A-M-E-, 24 I. & N. Dec. 69, 74 (BIA ... Further defining the " particularity" requirement, the BIA explained that " [t]he essence of the ...

  • 780 F.3d 1039 (11th Cir. 2015), 13-13672, Urquilla-Diaz v. Kaplan Univ.

    In a consolidated qui tam action, three relators brought claims under the False Claims Act against an educational institution for falsely certifying to the government that it was in compliance with various federal statutes and regulations to receive Title IV financial-aid funds. The district court ruled against the relators. After final judgment was entered, two of the relators appealed. Relator...

    ... also meet a number of additional requirements. But once qualified, students who currently ... that Gillespie had not alleged with particularity any ongoing violations. Indeed, the court noted ... to have made " satisfactory progress" (as defined in 34 C.F.R. § 668.34) by engaging in a ...

  • 633 F.3d 984 (10th Cir. 2011), 10-3030, United States v. Burke

    ... and supporting affidavit lacked particularity, and (2) in giving him an excessive sentence in ... the Rule 52(b) context, the Supreme Court defined " waiver" in a way that makes Rule 12's use of ... to be seized." This particularity requirement . . " ensures that the search will be ...

  • 415 F.3d 391 (5th Cir. 2005), 04-10251, General Elec. Capital Corp. v. Posey

    ... to allege fraud with the requisite particularity, and in any event, failed to state a claim upon ... subject to the heightened pleading requirements of rule 9(b). 2.         On the rule ... rules and summary judgment motions to define disputed facts and issues and to dispose of ...

  • 899 F.2d 485 (6th Cir. 1990), 89-3289, Craighead v. E.F. Hutton & Co., Inc.

    ... basis for their fraud claims with particularity." On January 5, 1989, plaintiffs submitted their ...We agree. To satisfy the requirements of Rule 9(b) in a claim for churning in violation ..., the 1933 Securities Act has been held to define "seller" not only as the party who passes title ...

  • 629 F.3d 440 (4th Cir. 2011), 09-2027, Lizama v. Holder

    ... recognized level of visibility and particularity required by BIA precedent. Even if Lizama could ... its associated regulations specifically define the term " particular social group." We therefore ... particularity and social visibility requirements); Matter of A-M-E & J-G-U, 24 I. & N. Dec. at ...

  • 264 F.3d 1245 (10th Cir. 2001), 00-6081, City of Philadelphia v. Fleming Companies

    ... complaint did not meet the pleading requirements for scienter set forth in the PSLRA, 15 U.S.C. § ... require a plaintiff to "state with particularity facts giving rise to a strong inference that the ...       The term "scienter" has been defined by the Supreme Court of the United States as "a ...

  • 799 F.3d 600 (6th Cir. 2015), 14-2235, Baynes v. Cleland

    Police received a report of a passenger repeatedly striking a female driver on 1-94, with a license plate number. Officers initiated a traffic stop, handcuffed passenger Baynes, and placed him in the patrol vehicle, without incident. The officer claims that he checked the handcuffs to ensure they were not too tight. The driver, Baynes’ girlfriend, eventually admitted that Baynes had hit her. The...

    ..., in Lanier , we expressly rejected a requirement that previous cases be " fundamentally similar." ... the Court admonished lower courts " not to define clearly established law at a high level of ...This level of particularity in defining the constitutional right easily meets ...

  • 415 U.S. 566 (1974), 72-1254, Smith v. Goguen

    ... central vagueness deficiency of failing to define contemptuous treatment. Pp. 578-579. . ... element of the doctrine -- the requirement that a legislature establish minimal guidelines ... 24 we fail to see how this alleged particularity resolves the central vagueness question -- the ...

  • 747 F.2d 384 (7th Cir. 1984), 83-2529, Haroco, Inc. v. American Nat. Bank and Trust Co. of Chicago

    ... racketeering activity, as those terms are defined in RICO. 18 U.S.C. Sec. 1962(c). We affirm in ... of mail fraud with the necessary particularity.         The district court concluded ...The courts imposing such a requirement have often referred to the additional injury as a ...

  • 322 U.S. 607 (1944), 217, Addison v. Holly Hill Fruit Products, Inc.

    ... from the minimum wage and overtime requirements of the Act persons employed, "within the area of production (as defined by the Administrator)" in canning agricultural ... with exemptions in detail and with particularity, enumerating not less than eleven exempted ...

  • 92 U.S. 214 (1876), U.s. v. Reese

    ... as the equivalent of the specified requirement of the State law.  This is a radical change in ....  If the legislature undertakes to define by statute a new offence, and provide for its ... are doubtless cases where more particularity is required, either from the obvious intention of ...