define particularity requirement

2322 results for define particularity requirement

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  • 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 ...

  • __ 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...

  • 618 F.3d 300 (3rd Cir. 2010), 07-4046, In re Insurance Brokerage Antitrust Litigation

    ... case a supplemental statement of particularity for their federal antitrust claims and an amended ... enabled to evade their disclosure requirements under ERISA and mislead their clients." Id. ... are relieved of the obligation to define a market and prove market power. See ...

  • __ 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 ...

  • 659 F.3d 359 (5th Cir. 2011), 09-40373, Morgan v. Swanson

    ... . authority’ " 26 — that defines the contours of the right in question with a high degree of particularity.           Where no controlling ... and substantially interfere with the requirements of appropriate discipline in the operation of the ...

  • 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 " ...

  • 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. ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 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, ...

  • 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 ...

  • 550 U.S. 544 (2007), 05-1126, Bell Atlantic Corp. v. Twombly

    ... grounds does not impose a probability requirement at the pleading stage; it simply calls for enough ... varying only in the degree of particularity with which the occurrences are described." ... rules and summary judgment motions to define disputed facts and issues and to dispose of ...

  • 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 ...

  • 325 U.S. 91 (1945), 42, Screws v. United States

    ...Congress did not define what it desired to punish, but referred the ...Nebraska , 313 U.S. 236); the requirement that public school children salute the flag ( ... petition for removal must show with particularity that the offense for which the State is ...

  • 867 F.3d 1108 (9th Cir. 2017), 11-56843, Robins v. Spokeo, Inc.

    To establish a concrete injury for purposes of Article III standing, the plaintiff must allege a statutory violation that caused him to suffer some harm that actually exists in the world. There must be an injury that is "real" and not "abstract" or merely "procedural." On remand from the Supreme Court, the Ninth Circuit reversed the district court's dismissal of an action alleging willful...

    ... violated various procedural requirements under. FCRA, including failing to follow ...at 1548. The Court emphasized that particularity. and concreteness are two separate ...And. " Congress has the power to define injuries and. articulate chains of ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 431 U.S. 471 (1977), 75-1707, Ohio Bureau of Employment Services v. Hodory

    ... fundamental interest or affect with particularity any protected class, and the test of ... as the source of his claimed federal requirement that he be paid unemployment compensation. The ...Nothing in Java purported to define the class of persons eligible. . for benefits. ...

  • 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 ...

  • __ U.S. __ (2016), 13-1339, Spokeo, Inc. v. Robins

    Spokeo operates a “people search engine,” which searches a wide spectrum of databases to gather and provide personal information about individuals to various users, including prospective employers. After Robins discovered that his Spokeo-generated profile contained inaccurate information, he filed a class-action complaint alleging that the company willfully failed to comply with the Fair Credit...

    ... to comply with any requirement [of the Act] with respect to. any" ... second characteristic (particularity), but it overlooked the. first ... explained that " Congress has the power to define. injuries and articulate chains of ...