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· 5/25/2005

Jewelers Mutual Insurance v. N. Barquet, Inc.

Citations

  • 410 F.3d 2
  • 2005 U.S. App. LEXIS 9541
  • 2005 WL 1230782

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting contention that the time 23 between petitioner’s conviction and a state court decision clarifying state law 24 should be equitably tolled
  • “Affirmative defenses must be [pleaded] or they will generally be deemed waived and excluded from the case.”
  • “A prosecutor is protected by absolute immunity from liability 17 for damages under § 1983 ‘when performing the traditional functions of an advocate’ 18 [citation omitted]”.
  • “[A] primary goal of ERISA . . . [is] to provide a method for 7 workers and beneficiaries to resolve disputes over benefits inexpensively and 8 expeditiously.”
  • “If a 28 change in (or clarification of) state law, by a state court, in a case in which [the 1 petitioner] was not a party, could qualify as a ‘factual predicate,’ then the term 2 ‘factual’ would be meaningless”
  • “If a 3 change in (or clarification of) state law, by a state court, in a case in which [the 4 petitioner] was not a party, could qualify as a ‘factual predicate,’ then the term 5 ‘factual’ would be meaningless”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Lipez, Howard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.