The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 105
NONPARTISAN ELECTIONS

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CHAPTER 105

NONPARTISAN ELECTIONS

105.011 Definitions.

105.031 Qualification; filing fee; candidate’s oath; items required to be filed.

105.035 Petition process of qualifying for certain judicial offices and the office of school board member.

105.036 Initiative for method of selection for circuit or county court judges; procedures for placement on ballot.

105.041 Form of ballot.

105.051 Determination of election or retention to office.

105.061 Electors qualified to vote.

105.071 Candidates for judicial office; limitations on political activity.

105.08 Campaign contribution and expense; reporting.

105.09 Political activity in behalf of a candidate for judicial office limited.

105.10 Applicability of election code.

105.101 Effect of revision of county court judge selection method.

105.102 Effect of revision of circuit court judge selection method.

105.011 Definitions.—

(1) As used in this chapter, the term “judicial office” includes the office of:

(a) Justice of the Supreme Court.

(b) Judge of a district court of appeal.

(d) County court judge.

(2) A judicial office is a nonpartisan office, and a candidate for election or retention thereto is prohibited from campaigning or qualifying for such an office based on party affiliation.

History.—s. 1, ch. 71-49; s. 1, ch. 72-310; s. 36, ch. 77-175.

105.031 Qualification; filing fee; candidate’s oath; items required to be filed.—

(1) TIME OF QUALIFYING.—Except for candidates for judicial office, nonpartisan candidates for multicounty office shall qualify with the Division of Elections of the Department of State and nonpartisan candidates for countywide or less than countywide office shall qualify with the supervisor of elections. Candidates for judicial office other than the office of county court judge shall qualify with the Division of Elections of the Department of State, and candidates for the office of county court judge shall qualify with the supervisor of elections of the county. Candidates for judicial office shall qualify no earlier than noon of the 120th day, and no later than noon of the 116th day, before the primary election. Candidates for the office of school board member shall qualify no earlier than noon of the 71st day, and no later than noon of the 67th day, before the primary election. Filing shall be on forms provided for that purpose by the Division of Elections and furnished by the appropriate qualifying officer. Any person other than a write-in candidate who qualifies within the time prescribed in this subsection shall be entitled to have his or her name printed on the ballot.

(2) FILING IN GROUPS OR DISTRICTS.—Candidates shall qualify in groups or districts where multiple offices are to be filled.

(3) QUALIFYING FEE.—Each candidate qualifying for election to a judicial office or the office of school board member, except write-in judicial or school board candidates, shall, during the time for qualifying, pay to the officer with whom he or she qualifies a qualifying fee, which shall consist of a filing fee and an election assessment, or qualify by the petition process. The amount of the filing fee is 3 percent of the annual salary of the office sought. The amount of the election assessment is 1 percent of the annual salary of the office sought. The Department of State shall transfer all filing fees to the Department of Legal Affairs for deposit in the Elections Commission Trust Fund. The supervisor of elections shall forward all filing fees to the Elections Commission Trust Fund. The election assessment shall be deposited into the Elections Commission Trust Fund. The annual salary of the office for purposes of computing the qualifying fee shall be computed by multiplying 12 times the monthly salary authorized for such office as of July 1 immediately preceding the first day of qualifying. This subsection does not apply to candidates qualifying for retention to judicial office.

(4) CANDIDATE’S OATH.—

(a) All candidates for the office of school board member shall subscribe to the oath as prescribed in s. 99.021.

(b) All candidates for judicial office shall subscribe to an oath or affirmation in writing to be filed with the appropriate qualifying officer upon qualifying. A printed copy of the oath or affirmation shall be furnished to the candidate by the qualifying officer and shall be in substantially the following form:

State of Florida

County of

Before me, an officer authorized to administer oaths, personally appeared (please print name as you wish it to appear on the ballot) , to me well known, who, being sworn, says he or she: is a candidate for the judicial office of ; that his or her legal residence is County, Florida; that he or she is a qualified elector of the state and of the territorial jurisdiction of the court to which he or she seeks election; that he or she is qualified under the constitution and laws of Florida to hold the judicial office to which he or she desires to be elected or in which he or she desires to be retained; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent to the office he or she seeks; that he or she has resigned from any office which he or she is required to resign pursuant to s. 99.012, Florida Statutes; and that he or she will support the Constitution of the United States and the Constitution of the State of Florida.

(Signature of candidate)

(Address of legal residence)

Sworn to and subscribed before me this day of , (year) , at County, Florida.

(Signature and title of officer administering oath)

(c) In addition, each candidate for judicial office shall, at the time of subscribing to the oath or affirmation, state in writing whether he or she owes any outstanding fines, fees, or penalties that cumulatively exceed $250 for any violations of s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees under part III of chapter 112, any local ethics ordinance governing standards of conduct and disclosure requirements, or chapter 106. If the candidate owes any outstanding fines, fees, or penalties exceeding the threshold amount specified in this paragraph, he or she must also specify the amount owed and each entity that levied such fine, fee, or penalty. For purposes of this paragraph, any such fines, fees, or penalties that have been paid in full at the time of subscribing to the oath or affirmation are not deemed to be outstanding.

(5) ITEMS REQUIRED TO BE FILED.—

(a) In order for a candidate for judicial office or the office of school board member to be qualified, the following items must be received by the filing officer by the end of the qualifying period:

1. Except for candidates for retention to judicial office, a properly executed check drawn upon the candidate’s campaign account in an amount not less than the fee required by subsection (3) or, in lieu thereof, the copy of the notice of obtaining ballot position pursuant to s. 105.035. If a candidate’s check is returned by the bank for any reason, the filing officer shall immediately notify the candidate and the candidate shall, the end of qualifying notwithstanding, have 48 hours from the time such notification is received, excluding Saturdays, Sundays, and legal holidays, to pay the fee with a cashier’s check purchased from funds of the campaign account. Failure to pay the fee as provided in this subparagraph shall disqualify the candidate.

2. The candidate’s oath required by subsection (4), which must contain the name of the candidate as it is to appear on the ballot; the office sought, including the district or group number if applicable; and the signature of the candidate, duly acknowledged.

3. The loyalty oath required by s. 876.05, signed by the candidate and duly acknowledged.

4. The completed form for the appointment of campaign treasurer and designation of campaign depository, as required by s. 106.021. In addition, each candidate for judicial office, including an incumbent judge, shall file a statement with the qualifying officer, within 10 days after filing the appointment of campaign treasurer and designation of campaign depository, stating that the candidate has read and understands the requirements of the Florida Code of Judicial Conduct. Such statement shall be in substantially the following form:

Statement of Candidate for Judicial Office

I, (name of candidate) , a judicial candidate, have received, read, and understand the requirements of the Florida Code of Judicial Conduct.

(Signature of candidate)

(Date)

5. The full and public disclosure of financial interests required by s. 8, Art. II of the State Constitution or the statement of financial interests required by s. 112.3145, whichever is applicable. A public officer who has filed the full and public disclosure or statement of financial interests with the Commission on Ethics or the supervisor of elections prior to qualifying for office may file a copy of that disclosure at the time of qualifying.

(b) If the filing officer receives qualifying papers that do not include all items as required by paragraph (a) prior to the last day of qualifying, the filing officer shall make a reasonable effort to notify the candidate of the missing or incomplete items and shall inform the candidate that all required items must be received by the close of qualifying. A candidate’s name as it is to appear on the ballot may not be changed after the end of qualifying.

(6) Notwithstanding the qualifying period prescribed in this section, a filing officer may accept and hold qualifying papers submitted not earlier than 14 days prior to the beginning of the qualifying period, to be processed and filed during the qualifying period.

History.—s. 3, ch. 71-49; s. 36, ch. 77-175; s. 1, ch. 78-260; s. 5, ch. 79-365; s. 54, ch. 79-400; s. 17, ch. 81-105; s. 10, ch. 83-251; s. 1, ch. 89-152; s. 34, ch. 89-338; s. 5, ch. 91-107; s. 630, ch. 95-147; s. 2, ch. 95-156; s. 13, ch. 97-13; s. 13, ch. 99-6; s. 2, ch. 99-326; s. 2, ch. 99-355; s. 23, ch. 2002-17; s. 65, ch. 2005-277; s. 21, ch. 2005-286; s. 40, ch. 2007-30; s. 4, ch. 2010-16; s. 51, ch. 2011-40; s. 2, ch. 2023-46; s. 43, ch. 2023-120.

105.035 Petition process of qualifying for certain judicial offices and the office of school board member.—

(1) A person seeking to qualify for election to the office of circuit judge or county court judge or the office of school board member may qualify for election to such office by means of the petitioning process prescribed in this section. A person qualifying by this petition process is not required to pay the qualifying fee required by this chapter.

(2) The petition format shall be prescribed by the Division of Elections and shall be used by the candidate to reproduce petitions for circulation. If the candidate is running for an office that will be grouped on the ballot with two or more similar offices to be filled at the same election, the candidate’s petition must indicate, prior to the obtaining of registered electors’ signatures, for which group or district office the candidate is running.

(3) Each candidate for election to a judicial office or the office of school board member shall obtain the signature of a number of qualified electors equal to at least 1 percent of the total number of registered electors of the district, circuit, county, or other geographic entity represented by the office sought as shown by the compilation by the Department of State for the last preceding general election. A separate petition shall be circulated for each candidate availing himself or herself of the provisions of this section. Signatures may not be obtained until the candidate has filed the appointment of campaign treasurer and designation of campaign depository pursuant to s. 106.021.

(4)(a) Each candidate seeking to qualify for election to the office of circuit judge or the office of school board member from a multicounty school district pursuant to this section shall file a separate petition from each county from which signatures are sought. Each petition shall be submitted, prior to noon of the 28th day preceding the first day of the qualifying period for the office sought, to the supervisor of elections of the county for which such petition was circulated. Each supervisor of elections to whom a petition is submitted shall check the signatures on the petition to verify their status as electors of that county and of the geographic area represented by the office sought. No later than the 7th day before the first date for qualifying, the supervisor shall certify the number shown as registered electors and submit such certification to the Division of Elections. The division shall determine whether the required number of signatures has been obtained for the name of the candidate to be placed on the ballot and shall notify the candidate. If the required number of signatures has been obtained, the candidate shall, during the time prescribed for qualifying for office, submit a copy of such notice and file his or her qualifying papers and oath prescribed in s. 105.031 with the Division of Elections. Upon receipt of the copy of such notice and qualifying papers, the division shall certify the name of the candidate to the appropriate supervisor or supervisors of elections as having qualified for the office sought.

(b) Each candidate seeking to qualify for election to the office of county court judge or the office of school board member from a single county school district pursuant to this section shall submit his or her petition, prior to noon of the 28th day preceding the first day of the qualifying period for the office sought, to the supervisor of elections of the county for which such petition was circulated. The supervisor shall check the signatures on the petition to verify their status as electors of the county and of the geographic area represented by the office sought. No later than the 7th day before the first date for qualifying, the supervisor shall determine whether the required number of signatures has been obtained for the name of the candidate to be placed on the ballot and shall notify the candidate. If the required number of signatures has been obtained, the candidate shall, during the time prescribed for qualifying for office, submit a copy of such notice and file his or her qualifying papers and oath prescribed in s. 105.031 with the qualifying officer. Upon receipt of the copy of such notice and qualifying papers, such candidate shall be entitled to have his or her name printed on the ballot.

History.—s. 37, ch. 77-175; s. 2, ch. 89-152; s. 35, ch. 89-338; s. 23, ch. 90-315; s. 631, ch. 95-147; s. 6, ch. 99-318; s. 3, ch. 99-326; s. 66, ch. 2005-277.

105.036 Initiative for method of selection for circuit or county court judges; procedures for placement on ballot.—

(1) A local option for merit selection and retention or the election of circuit or county court judges may be placed on the ballot for the general election occurring in excess of 90 days from the certification of ballot position by the Secretary of State for circuit court judges or the county supervisor of elections for county court judges. The ballot shall provide for a vote on the method for selection of judges not currently used for filling judicial offices in the county or circuit.

(2) Certification of ballot position for the method of selection of circuit court judges shall be issued when the Secretary of State has received a verification certificate from each supervisor of elections in a circuit indicating that the requisite number of valid signatures of electors in the circuit has been submitted and verified by the supervisor or supervisors of that circuit. Certification of ballot position for the method of selection of county court judges shall be issued when the supervisor of elections in a county indicates that the requisite number of signatures of electors in the county has been submitted to and verified by the supervisor. Each signature shall be dated when made and shall be valid for a period of 2 years following such date, provided all requirements of law are complied with.

(3) The sponsor of an initiative for merit selection and retention or election of circuit or county court judges must register as a political committee pursuant to s. 106.03.

(4) The Secretary of State shall adopt rules pursuant to ss. 120.536(1) and 120.54 prescribing the style and requirements of the circuit court and county court forms for collection of signatures.

(5) No later than 5 p.m. 151 days prior to the general election at which the proposed judicial selection initiative is to be voted on, the sponsor shall submit signed and dated forms to the appropriate supervisor of elections for verification as to the number of registered electors whose valid signatures appear thereon. The supervisor shall promptly verify the signatures upon payment of the fee or filing of the undue burden oath required by s. 99.097. Verification must be completed at least 91 days prior to the general election. Upon completion of verification, the supervisor shall execute a certificate indicating the total number of signatures checked and the number of signatures verified as valid and as being of registered electors of the applicable county or circuit. This certificate must be immediately transmitted to the Secretary of State for petitions related to the method of selection of circuit court judges. The supervisor must retain the signature forms for at least 1 year following the election in which the issue appeared on the ballot or until the committee that circulated the petition is no longer seeking to obtain ballot position as determined by the Division of Elections for circuit court petitions or by the supervisor of elections for county court petitions.

(6) Upon a determination by the Secretary of State for circuit court petitions or by the supervisor of elections for county court petitions that the requisite number of valid signatures has been obtained, a certification of ballot position must be issued for the proposed method of selection of judges. A request to exercise a local option to change the method for selection of circuit or county court judges is deemed filed with the Secretary of State for circuit court judges or the supervisor of elections for county court judges upon the date of the receipt of a certificate or certificates indicating the petition has been signed by the constitutionally required number of electors.

(7) Within 10 days after each general election for which an initiative to change the method of selection of circuit or county court judges was placed on the ballot in any circuit or county in the state, the Secretary of State must notify the Chief Justice of the Supreme Court of Florida of the changed method for selection of judges for any circuit or county where the initiative passed.

(8) The Department of State shall have the authority to promulgate rules in accordance with ss. 120.536(1) and 120.54 to carry out the provisions of this section.

History.—s. 9, ch. 99-355; s. 25, ch. 2019-3.

105.041 Form of ballot.—

(1) BALLOTS.—The names of candidates for nonpartisan office which appear on the ballot at the primary election shall be grouped together on a separate portion of the ballot or on a separate ballot. The names of candidates for election to nonpartisan office which appear on the ballot at the general election and the names of justices and judges seeking retention to office shall be grouped together on a separate portion of the general election ballot.

(2) LISTING OF CANDIDATES.—The order of nonpartisan offices appearing on the ballot shall be determined by the Department of State. The names of candidates for election to each nonpartisan office shall be listed in alphabetical order. With respect to retention of justices and judges, the question “Shall Justice (or Judge) (name of justice or judge) of the (name of the court) be retained in office?” shall appear on the ballot in alphabetical order and thereafter the words “Yes” and “No.”

(3) REFERENCE TO PARTY AFFILIATION PROHIBITED.—No reference to political party affiliation shall appear on any ballot with respect to any nonpartisan office or candidate.

(4) WRITE-IN CANDIDATES.—Space shall be made available on the general election ballot for an elector to write in the name of a write-in candidate for judge of a circuit court or county court or member of a school board if a candidate has qualified as a write-in candidate for such office pursuant to s. 105.031. This subsection shall not apply to the offices of justices and judges seeking retention.

History.—s. 4, ch. 71-49; s. 38, ch. 77-175; s. 55, ch. 79-400; s. 1, ch. 80-305; s. 18, ch. 81-105; s. 4, ch. 99-326; s. 3, ch. 99-355; s. 2, ch. 2000-361; s. 22, ch. 2005-286; s. 34, ch. 2008-95.

105.051 Determination of election or retention to office.—

(1) ELECTION.—In circuits and counties holding elections:

(a) The name of an unopposed candidate for the office of circuit judge, county court judge, or member of a school board shall not appear on any ballot, and such candidate shall be deemed to have voted for himself or herself at the general election.

(b) If two or more candidates, neither of whom is a write-in candidate, qualify for such an office, the names of those candidates shall be placed on the ballot at the primary election. If any candidate for such office receives a majority of the votes cast for such office in the primary election, the name of the candidate who receives such majority shall not appear on any other ballot unless a write-in candidate has qualified for such office. An unopposed candidate shall be deemed to have voted for himself or herself at the general election. If no candidate for such office receives a majority of the votes cast for such office in the primary election, the names of the two candidates receiving the highest number of votes for such office shall be placed on the general election ballot. If more than two candidates receive an equal and highest number of votes, the name of each candidate receiving an equal and highest number of votes shall be placed on the general election ballot. In any contest in which there is a tie for second place and the candidate placing first did not receive a majority of the votes cast for such office, the name of the candidate placing first and the name of each candidate tying for second shall be placed on the general election ballot.

(c) The candidate who receives the highest number of votes cast for the office in the general election shall be elected to such office. If the vote at the general election results in a tie, the outcome shall be determined by lot.

(2) RETENTION.—With respect to any justice or judge who qualifies to run for retention in office, the question prescribed in s. 105.041(2) shall be placed on the ballot at the general election. If a majority of the qualified electors voting on such question within the territorial jurisdiction of the court vote for retention, the justice or judge shall be retained for a term of 6 years commencing on the first Tuesday after the first Monday in January following the general election. If less than a majority of the qualified electors voting on such question within the territorial jurisdiction of the court vote for retention, a vacancy shall exist in such office upon the expiration of the term being served by the justice or judge.

History.—s. 5, ch. 71-49; s. 38, ch. 77-175; s. 19, ch. 81-105; s. 632, ch. 95-147; s. 5, ch. 99-326; s. 4, ch. 99-355; s. 23, ch. 2005-286.

105.061 Electors qualified to vote.—

(1) Each qualified elector of the territorial jurisdiction of a court shall be eligible to vote for a candidate for each judicial office of such court or, in the case of a justice or a judge seeking retention, for or against retention of such justice or judge.

(2) The election of members of a school board shall be by vote of the qualified electors as prescribed in chapter 1001.

History.—s. 6, ch. 71-49; s. 38, ch. 77-175; s. 6, ch. 99-326; s. 5, ch. 99-355; s. 887, ch. 2002-387.

105.071 Candidates for judicial office; limitations on political activity.—A candidate for judicial office shall not:

(1) Participate in any partisan political party activities, except that such candidate may register to vote as a member of any political party and may vote in any party primary for candidates for nomination of the party in which she or he is registered to vote.

(2) Campaign as a member of any political party.

(3) Publicly represent or advertise herself or himself as a member of any political party.

(4) Endorse any candidate.

(5) Make political speeches other than in the candidate’s own behalf.

(6) Make contributions to political party funds.

(7) Accept contributions from any political party.

(8) Solicit contributions for any political party.

(9) Accept or retain a place on any political party committee.

(10) Make any contribution to any person, group, or organization for its endorsement to judicial office.

(11) Agree to pay all or any part of any advertisement sponsored by any person, group, or organization wherein the candidate may be endorsed for judicial office by any such person, group, or organization.

A candidate for judicial office or retention therein who violates the provisions of this section is liable for a civil fine of up to $1,000 to be determined by the Florida Elections Commission.

History.—s. 7, ch. 71-49; s. 2, ch. 72-310; s. 38, ch. 77-175; s. 633, ch. 95-147; s. 7, ch. 99-326.

105.08 Campaign contribution and expense; reporting.—

(1) A candidate for judicial office or the office of school board member may accept contributions and may incur only such expenses as are authorized by law. Each such candidate shall keep an accurate record of his or her contributions and expenses, and shall file reports pursuant to chapter 106.

(2) Notwithstanding any other provision of this chapter or chapter 106, a candidate for retention as a justice or a judge who has not received any contribution or made any expenditure may file a sworn statement at the time of qualifying that he or she does not anticipate receiving contributions or making expenditures in connection with the candidacy for retention to office. Such candidate shall file a final report pursuant to s. 106.141, within 90 days following the general election for which the candidate’s name appeared on the ballot for retention. Any such candidate for retention to judicial office who, after filing a statement pursuant to this subsection, receives any contribution or makes any expenditure in connection with the candidacy for retention shall immediately file a statement to that effect with the qualifying officer and shall begin filing reports as an opposed candidate pursuant to s. 106.07.

History.—s. 8, ch. 71-49; s. 38, ch. 77-175; s. 3, ch. 89-152; s. 634, ch. 95-147; s. 8, ch. 99-326; s. 6, ch. 99-355.

105.09 Political activity in behalf of a candidate for judicial office limited.—

(1) No political party or partisan political organization shall endorse, support, or assist any candidate in a campaign for election to judicial office.

(2) Any person who knowingly, in an individual capacity or as an officer of an organization, violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 9, ch. 71-49; s. 38, ch. 77-175; s. 635, ch. 95-147.

105.10 Applicability of election code.—If any provision of this chapter is in conflict with any other provision of this code, the provision of this chapter shall prevail.

History.—s. 10, ch. 71-49; s. 38, ch. 77-175.

105.101 Effect of revision of county court judge selection method.—No county court judge elected prior to or at the election that approves any revision to the selection of county court judges shall be affected in his or her term of office. Any county judge wishing to apply for a subsequent term will be elected or retained pursuant to the method of election or selection and retention of county court judges in effect in the county for the election preceding the end of the judge’s term of office.

History.—s. 11, ch. 99-355.

105.102 Effect of revision of circuit court judge selection method.—No circuit court judge elected prior to or at the election that approves any revision to the selection of circuit court judge shall be affected in his or her term of office. Any circuit court judge wishing to apply for a subsequent term will be elected or retained pursuant to the method of election or selection and retention of circuit court judges in effect in the circuit for the election preceding the end of the judge’s term of office.

History.—s. 12, ch. 99-355.

F.S. 105 on Google Scholar

F.S. 105 on Casetext

Amendments to 105

Arrestable Offenses / Crimes under Fla. Stat. 105

Level: Degree
Misdemeanor/Felony: First/Second/Third

S105.071 - ELECTION LAWS - REPEALED 1999 (SBO756) CH 99-326 - M: F

S105.09 - ELECTION LAWS - POLITICAL PARTY ENDORSE JUDICIAL CANDIDATE - M: S

S117.105 - FRAUD - NOTARY FALSELY CERTIFY ANY INSTRUMENT - F: T

S119.105 - PUBLIC ORDER CRIMES - USE VICTIM INFO FOR COMMER SOLICITATION - F: T

S192.105 - INVADE PRIVACY - UNLAWFUL DISCLOSURE OF FEDERAL TAX INFORMATION - M: F

S379.105 - CONSERVATION - RENUMBERED. SEE REC # 8192 - M: S

S379.105 - CONSERVATION - RENUMBERED. SEE REC # 8193 - M: F

S379.105 2 - CONSERVATION - LEVEL 2 VIOL INTERFERE W TAKING FISH OR GAME - M: S

S379.105 2 - CONSERVATION - LVL2 VIO INTERFER W TAKING FISH GAME 2ND WI 3Y - M: F

S379.105 2 - CONSERVATION - LVL2 VIO INTERFER W TAKING FISH GAME 3RD WI 5Y - M: F

S379.105 2 - CONSERVATION - LVL2 VIO INTERFERE TAKING FISH GAME 4TH WI 10Y - M: F

S440.105 2a1 - PUBLIC ORDER CRIMES - COERCE EMPL TO OBT CERTIF OF WORK COMP EXEMPT - M: F

S440.105 2a2 - PUBLIC ORDER CRIMES - FIRE NOT HIRE EMP APP BC FILED WORK COMP CLAIM - M: F

S440.105 2a3 - PUBLIC ORDER CRIMES - ADVER EMP ACTION BC REP VIOL OF WORK COMP REGS - M: F

S440.105 2a4 - PUBLIC ORDER CRIMES - REPEALED 7/1/06. 2006-305 - M: F

S440.105 2b - PUBLIC ORDER CRIMES - INS CO CANCEL INS BC EMP FILED WORK COMP CLAIM - M: F

S440.105 3a - PUBLIC ORDER CRIMES - FAIL UPDTE APP POST NOT RE WORK COMP COVERAGE - M: F

S440.105 3b - PUBLIC ORDER CRIMES - EMPLOYER HIRE EMPLOYEE WHO USED FALSE ID - M: F

S440.105 3c - PUBLIC ORDER CRIMES - ATTY OTHERS RECEIVE UNAPPROVED WORK COMP FEE - M: F

S440.105 4 - FRAUD - REMOVED - F: T

S440.105 4a1 - FRAUD-FALSE STATEMENT - EVID BY EMP COMPLY CLAIM/INS LESS 20K DOLS - F: T

S440.105 4a1 - FRAUD-FALSE STATEMENT - EVID EMP CMPLY COMP CLAIM 20K LESS 100K DOLS - F: S

S440.105 4a1 - FRAUD-FALSE STATEMENT - EVID BY EMP COMPLY COMP CLAIM 100K DOLS MORE - F: F

S440.105 4a2 - FRAUD - EMPE PAY EMPR W/C CONTRIB CLAIM LESS 20K DOLS - F: T

S440.105 4a2 - FRAUD - EMP PAY EMPR W/C CONTR CLAIM 20K LESS 100K DOL - F: S

S440.105 4a2 - FRAUD - EMPE PAY EMPR CONTRIB CLAIM 100KDOLS MORE - F: F

S440.105 4a3 - FRAUD - EMP NOT GET WORK COMP INS UNDER 20K DOLS - F: T

S440.105 4a3 - FRAUD - EMP NOT GET WORK COMP INS 20K LESS 100K DOLS - F: S

S440.105 4a3 - FRAUD - EMP NOT GET WORK COMP INS 100K DOLS OR MORE - F: F

S440.105 4b - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 8482 - F: T

S440.105 4b - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 8483 - F: S

S440.105 4b - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 8484 - F: F

S440.105 4b1 - FRAUD-FALSE STATEMENT - MISREP OMIT INF RE W/C CLAIM LESS 20K DOLS - F: T

S440.105 4b1 - FRAUD-FALSE STATEMENT - MISREP OMIT INFO W/C CLAIM 20K LESS 100K DOLS - F: S

S440.105 4b1 - FRAUD-FALSE STATEMENT - MISREP OMIT INF RE W/C CLAIM 100K DOLS MORE - F: F

S440.105 4b2 - FRAUD-FALSE STATEMENT - PRESENT FALSE WC CLAIM PAYMENT BENEFIT LT 20K - F: T

S440.105 4b2 - FRAUD-FALSE STATEMENT - PRESNT FALSE WC CLAIM PYMT BENEFIT 20K LT 100K - F: S

S440.105 4b2 - FRAUD-FALSE STATEMENT - PRESENT FALSE WC CLAIM PAYMENT BENEFIT MT 100K - F: F

S440.105 4b3 - FRAUD-FALSE STATEMENT - PRESENT EMPLOYER INS CO FALSE WC STATE LT 20K - F: T

S440.105 4b3 - FRAUD-FALSE STATEMENT - PRESNT EMPLYR INS CO FLSE WC STATE 20K LT 100K - F: S

S440.105 4b3 - FRAUD-FALSE STATEMENT - PRESENT EMPLOYER INS CO FALSE WC STATE MT 100K - F: F

S440.105 4b4 - FRAUD - ASSIST CONSPIRE ENGAGE IN FALSE WC ACT LT 20K - F: T

S440.105 4b4 - FRAUD - ASSIST CONSPIRE ENGAG FALSE WC ACT 20K LT 100K - F: S

S440.105 4b4 - FRAUD - ASSIST CONSPIRE ENGAGE IN FALSE WC ACT MT 100K - F: F

S440.105 4b5 - FRAUD-FALSE STATEMENT - OMIT CONCEAL MAT INFO OBT WC PYMT PREM LT 20K - F: T

S440.105 4b5 - FRAUD-FALSE STATEMENT - OMIT CNCEAL MAT INF OBT WC PAY PREM 20K LT100K - F: S

S440.105 4b5 - FRAUD-FALSE STATEMENT - OMIT CONCEAL MATER INF OBT WC PAY PREM MT 100K - F: F

S440.105 4b6 - FRAUD - MISREP PAY CLAS INF EMPLYR LOSS HISTRY LT 20 K - F: T

S440.105 4b6 - FRAUD - MISREP PAY CLAS INF EMPLY LOS HSTRY 20K LT100K - F: S

S440.105 4b6 - FRAUD - MISREP PAY CLAS INF EMPLYR LOSS HISTRY MT 100K - F: F

S440.105 4b7 - FRAUD-FALSE STATEMENT - EVID COMPLIANCE ELIGIB FOR CERT EXEMPT LT 20K - F: T

S440.105 4b7 - FRAUD-FALSE STATEMENT - EVID COMPLIAN ELIGIB FOR CERT EXEMP 20K LT100K - F: S

S440.105 4b7 - FRAUD-FALSE STATEMENT - EVID COMPLIANCE ELIGIB FOR CERT EXEMPT MT 100K - F: F

S440.105 4b8 - FRAUD - VIOL WORK COMP STOP WORK ORDER 100K DOLS OR MO - F: F

S440.105 4b8 - FRAUD - VIOL WORK COMP STOP WORK ORDER 20K TO 100K DOL - F: S

S440.105 4b8 - FRAUD - VIOL WORK COMP STOP WORK ORDER LESS THAN 20K - F: T

S440.105 4b9 - FRAUD - USE FALSE ID FOR WC CLAIM 100K DOLS OR MORE - F: F

S440.105 4b9 - FRAUD - USE FALSE ID FOR WC CLAIM 20K TO 100K DOLS - F: S

S440.105 4b9 - FRAUD - USE FALSE ID FOR WC CLAIM LESS THAN 20K DOLS - F: T

S440.105 4c - FRAUD - PHYS ASSIST WORK COMP FRAUD CLAIM LESS 20K DOL - F: T

S440.105 4c - FRAUD - PHYS ASSIST W/C FRAUD CLAIM 20K LESS 100K DOLS - F: S

S440.105 4c - FRAUD - PHYS ASST CONSP W/C FRAUD CLAIM 100K DOLS MORE - F: F

S440.105 4d - FRAUD - OPR HOSP ALLW W/C FRAUD CLAIM LESS 20K DOLS - F: T

S440.105 4d - FRAUD - HOSPTL ALLW W/C FRAUD CLAIM 20K LESS 100K DOLS - F: S

S440.105 4d - FRAUD - HOSP ALLOW W/C FRAUD CLAIM 100K DOLS MORE - F: F

S440.105 4e - FRAUD - ATTY OTHER AST VIOL W/C LAW CLM LESS 20K DOLS - F: T

S440.105 4e - FRAUD - ATTY OTHER ASST VIOL W/C CLM 20K LESS 100K DOL - F: S

S440.105 4e - FRAUD - ATTY OTHER ASST VIOL W/C CLAIM 100K DOLS MORE - F: F

S440.105 4f1 - FRAUD - DELETED - F: T

S440.105 4f2 - FRAUD - DELETED - F: S

S440.105 4f3 - FRAUD - DELETED - F: F

S440.105 4f4 - FRAUD - DELETED - F: T

S440.105 5 - PUBLIC ORDER CRIMES - ATTORNEY OR OTHER SOLICIT WORK COMP CLAIM - F: S

S440.105 7 - FRAUD-FALSE STATEMENT - REMOVED - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

MCGIRT, v. OKLAHOMA, 140 S. Ct. 2452 (U.S. 2020)

. . . Navajo Tribe , 471 U.S. 195, 198, 105 S.Ct. 1900, 85 L.Ed.2d 200 (1985), and in this litigation, the . . .

OUR LADY OF GUADALUPE SCHOOL, v. MORRISSEY- BERRU St. v., 140 S. Ct. 2049 (U.S. 2020)

. . . Secretary of Labor , 471 U.S. 290, 303-306, 105 S.Ct. 1953, 85 L.Ed.2d 278 (1985). . . .

LITTLE SISTERS OF THE POOR SAINTS PETER AND PAUL HOME, v. PENNSYLVANIA, J. v., 140 S. Ct. 2367 (U.S. 2020)

. . . Caldor, Inc. , 472 U.S. 703, 105 S.Ct. 2914, 86 L.Ed.2d 557, 708-710 (1985) ; United States v. . . . T. 2015, Nos. 14-1418, 14-1453, 14-1505, 15-35, 15-105, 15-119, 15-191, pp. 35-41. . . . T. 2015, Nos. 15-35, 15-105, 15-119, 15-191, p. 45. Brief for Petitioners in Zubik v. Burwell , O. . . . T. 2015, Nos. 15-35, 15-105, 15-119, 15-191, at 44. . . . Caldor, Inc. , 472 U.S. 703, 105 S.Ct. 2914, 86 L.Ed.2d 557 (1985), involved a religious accommodation . . .

B. CHIAFALO, v. WASHINGTON, 140 S. Ct. 2316 (U.S. 2020)

. . . San Antonio Metropolitan Transit Authority , 469 U.S. 528, 549, 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985 . . .

P. BARR, v. AMERICAN ASSOCIATION OF POLITICAL CONSULTANTS, INC., 140 S. Ct. 2335 (U.S. 2020)

. . . TCPA, § 2, ¶¶3, 6, 105 Stat. 2394, note following 47 U.S.C. § 227. . . . that end, the TCPA imposed various restrictions on the use of automated telephone equipment. § 3(a), 105 . . . State Crime Victims Bd. , 502 U.S. 105, 116, 112 S.Ct. 501, 116 L.Ed.2d 476 (1991) ; Arkansas Writers . . . Rock Against Racism , 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (internal quotation marks . . . from th[e] nuisance and privacy invasion" caused by automated and prerecorded phone calls. § 2(12), 105 . . . Rock Against Racism , 491 U.S. 781, 797-799, and n. 6, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (explaining . . . Rock Against Racism , 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989). . . .

ESPINOZA, v. MONTANA DEPARTMENT OF REVENUE,, 140 S. Ct. 2246 (U.S. 2020)

. . . Caldor, Inc. , 472 U.S. 703, 709-711, 105 S.Ct. 2914, 86 L.Ed.2d 557 (1985). . . . Ball , 473 U.S. 373, 388, 105 S.Ct. 3216, 87 L.Ed.2d 267 (1985), overruled by Agostini v. . . .

UNITED STATES PATENT AND TRADEMARK OFFICE, v. BOOKING. COM B. V., 140 S. Ct. 2298 (U.S. 2020)

. . . Dollar Park & Fly, Inc. , 469 U.S. 189, 105 S.Ct. 658, 83 L.Ed.2d 582, 198 (1985) ; see S. Rep. . . . 331 (CA9 1983) ("Park 'N Fly" airport parking is descriptive), rev'd on other grounds, 469 U.S. 189, 105 . . . 1065(4) (referring to "the generic name for the goods or services"); Park 'N Fly , 469 U.S. at 194, 105 . . . Dollar Park & Fly, Inc. , 469 U.S. 189, 198, 105 S.Ct. 658, 83 L.Ed.2d 582 (1985). . . . Park 'N Fly , 469 U.S. at 196, 105 S.Ct. 658. . . .

JUNE MEDICAL SERVICES L. L. C. v. RUSSO, v. LLC., 140 S. Ct. 2103 (U.S. 2020)

. . . Anderson, 470 U.S. at 573-574, 105 S.Ct. 1504. . . . Anderson , 470 U.S. at 577, 105 S.Ct. 1504. . . . See Anderson , 470 U.S. at 575, 105 S.Ct. 1504. . . . Anderson , 470 U.S. at 575, 105 S.Ct. 1504. . . . Anderson , 470 U.S. at 577, 105 S.Ct. 1504 (emphasis added). . . . Stanley , 105 U.S. 305, 311, 26 L.Ed. 1044 (1882) ; United States v. . . .

DEPARTMENT OF HOMELAND SECURITY, v. THURAISSIGIAM, 140 S. Ct. 1959 (U.S. 2020)

. . . Cyr , 533 U.S. at 299, 121 S.Ct. 2271 ; accord, Ex parte Yerger , 8 Wall. 85, 105, 19 L.Ed. 332 (1869 . . .

C. LIU, v. SECURITIES AND EXCHANGE COMMISSION, 140 S. Ct. 1936 (U.S. 2020)

. . . Root , 105 U.S. at 193. . . . Root , 105 U.S. at 203. . . . Root , 105 U.S. at 203. . . . Root , 105 U.S. at 207. . . . Cavanagh , 445 F.3d 105, 116, n. 24 (CA2 2006). . . . York , 326 U.S. 99, 105, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945) ). . . . Railway Co. , 105 U.S. 189, 215, 26 L.Ed. 975 (1882) ; see also Callaghan v. . . .

DEPARTMENT OF HOMELAND SECURITY, v. REGENTS OF THE UNIVERSITY OF CALIFORNIA, J. v., 140 S. Ct. 1891 (U.S. 2020)

. . . Id. , at 831, 105 S.Ct. 1649. . . . Id. , at 832, 105 S.Ct. 1649. . . . Id. , at 832, 105 S.Ct. 1649. . . . Chaney , 470 U.S. at 832, 105 S.Ct. 1649. See also Barnhart v. . . . Chaney , 470 U.S. 821, 831, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985). . . .

BOSTOCK, v. CLAYTON COUNTY, GEORGIA v. Jr. Co- R. G. G. R. v., 140 S. Ct. 1731 (U.S. 2020)

. . . Johnson , 491 U.S. 397, 420-421, 109 S.Ct. 2533, 105 L.Ed.2d 342 (1989) (Kennedy, J., concurring). . . . Civil Rights Act of 1991, § 107, 105 Stat. 1075, codified at 42 U.S.C. § 2000e-2(m). . . . Imrex Co ., 473 U.S. 479, 499, 105 S.Ct. 3275, 87 L.Ed.2d 346 (1985). . . . Eastern Airlines, Inc. , 742 F.2d 1081, 1084-1085 (CA7 1984), cert. denied, 471 U.S. 1017, 105 S.Ct. . . .

UNITED STATES FOREST SERVICE, v. COWPASTURE RIVER PRESERVATION ASSOCIATION LLC, v., 140 S. Ct. 1837 (U.S. 2020)

. . . Justifications and Performance Information-Fiscal Year 2020: National Park Service, at Overview-16, ONPS-89, -105 . . . See, e.g. , Budget Justifications, ONPS-89, -92, -109; accord, NPS Index, at 32, 61, 85, 104, 105. . . . United States , 572 U.S. 93, 106, 134 S.Ct. 1257, 188 L.Ed.2d 272 (2014) ; id. , at 105, n. 4, 134 S.Ct . . .

ROGERS, v. GREWAL,, 140 S. Ct. 1865 (U.S. 2020)

. . . Malcom, To Keep and Bear Arms 104-105 (1994) (hereinafter Malcolm). . . . See Malcom 105-106. . . .

J. THOLE, v. U. S. BANK N. A, 140 S. Ct. 1615 (U.S. 2020)

. . . Russell , 473 U.S. 134, 142, n. 9, 105 S.Ct. 3085, 87 L.Ed.2d 96 (1985). . . . See Russell , 473 U.S. at 142, n. 9, 105 S.Ct. 3085. . . . Russell , 473 U.S. at 142, 105 S.Ct. 3085 ; see also id. , at 140-142, nn. 8-9, 105 S.Ct. 3085. . . . Russell , 473 U.S. at 141, n. 8, 105 S.Ct. 3085. . . . Central States , 472 U.S. at 578, 105 S.Ct. 2833. . . .

GE ENERGY POWER CONVERSION FRANCE SAS, CORP. SAS, v. OUTOKUMPU STAINLESS USA, LLC,, 140 S. Ct. 1637 (U.S. 2020)

. . . Soler Chrysler-Plymouth, Inc. , 473 U.S. 614, 639, n. 21, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985). . . .

SOUTH BAY UNITED PENTECOSTAL CHURCH, v. NEWSOM,, 140 S. Ct. 1613 (U.S. 2020)

. . . San Antonio Metropolitan Transit Authority , 469 U.S. 528, 545, 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985 . . .

LUCKY BRAND DUNGAREES, INC. v. MARCEL FASHIONS GROUP, INC., 140 S. Ct. 1589 (U.S. 2020)

. . . the registered trademark "Lucky Brand" and other marks that include the word "Lucky." 779 F.3d 102, 105 . . .

VALENTINE, v. COLLIER,, 140 S. Ct. 1598 (U.S. 2020)

. . . Bessemer City , 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985). . . .

UNITED STATES, v. SINENENG- SMITH, 140 S. Ct. 1575 (U.S. 2020)

. . . was "invalid on its face" due to its "sweeping proscription of freedom of discussion," id. , at 101-105 . . . Id. , at 105, 60 S.Ct. 736. . . .

GEORGIA, v. PUBLIC. RESOURCE. ORG, INC., 140 S. Ct. 1498 (U.S. 2020)

. . . . § 101 ; see also § 105. . . . Nation Enterprises , 471 U.S. 539, 552, 560-561, 105 S.Ct. 2218, 85 L.Ed.2d 588 (1985). . . . employee of the United States Government as part of that person's official duties," § 101 ; see also § 105 . . . J. 81, 83, 97-105 (2000). . . .

NEW YORK STATE RIFLE PISTOL ASSOCIATION, INC. v. CITY OF NEW YORK, NEW YORK,, 140 S. Ct. 1525 (U.S. 2020)

. . . Id. , at 99-100, 104-105. . . .

COUNTY OF MAUI, HAWAII, v. HAWAII WILDLIFE FUND,, 140 S. Ct. 1462 (U.S. 2020)

. . . original source of the pollutant; it need only convey the pollutant to 'navigable waters.' " Id. , at 105 . . . See §§ 105, 208, 86 Stat. 825, 839; see also Water Quality Act of 1987, § 316, 101 Stat. 52 (establishing . . . Miccosukee Tribe , 541 U.S. 95, 105, 124 S.Ct. 1537, 158 L.Ed.2d 264 (2004). . . .

RAMOS, v. LOUISIANA, 140 S. Ct. 1390 (U.S. 2020)

. . . San Antonio Metropolitan Transit Authority , 469 U.S. 528, 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985) ; Illinois . . . McLean Credit Union , 491 U.S. 164, 172-173, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989) ; Flood v. . . . Mississippi , 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985) ); see also Allen v. . . .

KANSAS, v. GLOVER, 140 S. Ct. 1183 (U.S. 2020)

. . . Sharpe , 470 U.S. 675, 682, 105 S.Ct. 1568, 84 L.Ed.2d 605 (1985) ). . . .

COMCAST CORPORATION, v. NATIONAL ASSOCIATION OF AFRICAN AMERICAN- OWNED MEDIA,, 140 S. Ct. 1009 (U.S. 2020)

. . . Dallas Independent School Dist. , 491 U.S. 701, 720, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989). . . . defendant's challenged employment decision is entitled to declaratory and injunctive relief. § 107, 105 . . . See Civil Rights Act of 1991, § 101, 105 Stat. 1072 (adding new subsections (b) and (c) to § 1981 ). . . . McLean Credit Union , 491 U.S. 164, 181, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989). . . .

K. KAHLER, v. KANSAS, 140 S. Ct. 1021 (U.S. 2020)

. . . See 307 Kan. 374, 400-401, 410 P.3d 105, 124-125 (2018) (discussing State v. . . . Oklahoma , 470 U.S. 68, 81, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985) ("[P]sychiatrists disagree widely and . . . Massachusetts , 291 U.S. 97, 105, 54 S.Ct. 330, 78 L.Ed. 674 (1934) ). . . . See 307 Kan. 374, 401, 410 P.3d 105, 125 (2018) (acknowledging that Kansas' mens rea approach "allows . . .

GUERRERO- LASPRILLA, v. P. BARR, v. P., 140 S. Ct. 1062 (U.S. 2020)

. . . Forsyth , 472 U.S. 511, 528, n. 9, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985) ("[T]he appealable issue is . . . Forsyth , 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), for the proposition that "whether a given . . . clearly established at the time the defendant committed the alleged acts." 472 U.S. at 529, n. 10, 105 . . .

L. ALLEN, v. A. COOPER, III,, 140 S. Ct. 994 (U.S. 2020)

. . . Muth , 491 U.S. 223, 228, 109 S.Ct. 2397, 105 L.Ed.2d 181 (1989) (requiring Congress to "mak[e] its intention . . .

E. RODRIGUEZ, v. FEDERAL DEPOSIT INSURANCE CORPORATION,, 140 S. Ct. 713 (U.S. 2020)

. . . National Bank of Commerce , 472 U.S. 713, 722, 105 S.Ct. 2919, 86 L.Ed.2d 565 (1985) (quoting United . . .

MONASKY, v. TAGLIERI, 140 S. Ct. 719 (U.S. 2020)

. . . Saks , 470 U.S. 392, 397, 105 S.Ct. 1338, 84 L.Ed.2d 289 (1985). . . . U.S. 155, 176, 119 S.Ct. 662, 142 L.Ed.2d 576 (1999), in turn quoting Air France , 470 U.S. at 404, 105 . . .

C. HERNANDEZ, v. MESA, Jr., 140 S. Ct. 735 (U.S. 2020)

. . . Garner , 471 U.S. 1, 11, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). . . . See Garner , 471 U.S. at 20-22, 105 S.Ct. 1694. . . . Forsyth , 472 U.S. 511, 523, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985) ). . . .

A. MCKEEVER v. P. BARR,, 140 S. Ct. 597 (U.S. 2020)

. . . United States , 837 F.3d 753, 766-767 (C.A.7 2016) ; In re Craig , 131 F.3d 99, 105 (C.A.2 1997) ; In . . .

COTTIER v. UNITED STATES, 140 S. Ct. 354 (U.S. 2019)

. . . Young , 470 U.S. 1, 7-8, 105 S.Ct. 1038, 84 L.Ed.2d 1 (1985). . . .

A. CARAMADRE, v. UNITED STATES., 140 S. Ct. 244 (U.S. 2019)

. . . No. 19-105. Supreme Court of the United States. Oct. 7, 2019. . . .

P. BARR, v. EAST BAY SANCTUARY COVENANT,, 140 S. Ct. 3 (U.S. 2019)

. . . First, the court found it probable that the rule was inconsistent with the asylum statute, 94 Stat. 105 . . .

ELHADY, v. H. KABLE,, 391 F. Supp. 3d 562 (E.D. Va. 2019)

. . . . ¶¶ 97-103, 105; and the Department of Defense ("DOD"), which uses the TSDB to screen individuals accessing . . . Statement of Material Facts ¶¶ 97-103, 105-06. . . . United States , 470 U.S. 598, 612, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985) ("Unless a society has the capability . . . Statement of Material Facts ¶ 105. . . .

RIDGELL, v. CITY OF PINE BLUFF, A In, 935 F.3d 633 (8th Cir. 2019)

. . . Dist. , 491 U.S. 701, 735-36, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989) ; Russell v. . . . Aspen Highlands Skiing Corp. , 472 U.S. 585, 604-05, 105 S.Ct. 2847, 86 L.Ed.2d 467 (1985). . . .

ANIMAL LEGAL DEFENSE FUND v. UNITED STATES DEPARTMENT OF AGRICULTURE, 935 F.3d 858 (9th Cir. 2019)

. . . Mink , 410 U.S. 73, 105, 93 S.Ct. 827, 35 L.Ed.2d 119 (1973) (Douglas, J., dissenting)); see also id. . . . DOJ , 491 U.S. 440, 449, 109 S.Ct. 2558, 105 L.Ed.2d 377 (1989) ; Davidson v. . . . See id. at 772 n.20, 773, 109 S.Ct. 1468 (emphasis omitted) (quoting Mink , 410 U.S. at 105, 93 S.Ct. . . .

IN RE ROTH, v. LLC,, 935 F.3d 1270 (11th Cir. 2019)

. . . Section 105 "grants statutory contempt powers in the bankruptcy context." . . . In re Hardy , 97 F.3d 1384, 1389-90 (11th Cir. 1996) ("Therefore, § 105(a) grants courts independent . . . , we then evaluate whether that violation of the discharge injunction is sanctionable under section 105 . . . B. 11 U.S.C. § 105 Because we find that Nationstar's Informational Statement did not violate § 524, we . . . do not have to consider whether sanctions would be appropriate under § 105. . . .

F. SHARPE, v. UNITED STATES,, 935 F.3d 1352 (Fed. Cir. 2019)

. . . Council, Inc. , 462 U.S. 87, 105, 103 S.Ct. 2246, 76 L.Ed.2d 437 (1983) ). Mr. . . .

L. SMITH, v. SHARP,, 935 F.3d 1064 (10th Cir. 2019)

. . . Richter, 562 U.S. at 105, 131 S.Ct. 770. . . . Oklahoma, 470 U.S. 68, 80-82, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985). . . .

UNITED STATES v. TOWN OF COLORADO CITY,, 935 F.3d 804 (9th Cir. 2019)

. . . Dist. , 491 U.S. 701, 733, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989). . . .

BIRD, v. i DEPARTMENT OF HUMAN SERVICES DHS, R., 935 F.3d 738 (9th Cir. 2019)

. . . Garcia , 471 U.S. 261, 276, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985) ). . . .

FEDERAL TRADE COMMISSION, v. QUALCOMM INCORPORATED, a Oy,, 935 F.3d 752 (9th Cir. 2019)

. . . Aspen Highlands Skiing Corp. , 472 U.S. 585, 105 S.Ct. 2847, 86 L.Ed.2d 467 (1985). . . .

EDMO, v. CORIZON, INC. Al v. Al, 935 F.3d 757 (9th Cir. 2019)

. . . Estelle , 429 U.S. at 105-06, 97 S.Ct. 285 ; see also Farmer v. . . .

IN RE CORPORATE RESOURCE SERVICES, INC. S. v., 603 B.R. 888 (Bankr. S.D.N.Y. 2019)

. . . Kellwood Co. , 105 F. . . .

BELLITTO, v. SNIPES,, 935 F.3d 1192 (11th Cir. 2019)

. . . City of Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) ). . . . Anderson, 470 U.S. at 573-74, 105 S.Ct. 1504 (citation and quotation marks omitted). . . .

FIDELITY NATIONAL FINANCIAL, INC. a a v. H. FRIEDMAN, UDT UDT, 935 F.3d 696 (9th Cir. 2019)

. . . LiRocchi , 490 F.2d 105, 107 (6th Cir. 1974) ("This statute has been held to have been adopted to protect . . .

SELECT SPECIALTY HOSPITAL- DENVER, INC. v. M. AZAR II, U. S., 391 F. Supp. 3d 53 (D.D.C. 2019)

. . . Lorion , 470 U.S. 729, 743, 105 S.Ct. 1598, 84 L.Ed.2d 643 (1985) (noting when applying arbitrary and . . .

IN RE JUAREZ, v., 603 B.R. 610 (B.A.P. 9th Cir. 2019)

. . . City of Bessemer City , 470 U.S. 564, 573-74, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985). DISCUSSION A. . . .

CHAMBERLAIN GROUP, INC. v. TECHTRONIC INDUSTRIES CO. OWT ET Co., 935 F.3d 1341 (Fed. Cir. 2019)

. . . See J.A. 99-105. . . .

DIVERSE POWER, INC. v. CITY OF LAGRANGE, GEORGIA,, 934 F.3d 1270 (11th Cir. 2019)

. . . City of Eau Claire , 471 U.S. 34, 42, 105 S. Ct. 1713, 1718, 85 L.Ed.2d 24 (1985). . . . Id. at 36-37, 105 S. Ct. at 1715. . . . Id. at 41-42, 105 S. Ct. at 1718. The Court disagreed. . . . Id. at 42, 105 S. Ct. at 1718. It was against this legal backdrop that we decided F.T.C. v. . . . See Hallie , 471 U.S. at 42, 105 S. . . .

UNITED STATES v. L. JOHNSON,, 934 F.3d 716 (7th Cir. 2019)

. . . Gagnon , 470 U.S. 522, 526, 105 S.Ct. 1482, 84 L.Ed.2d 486 (1985) (per curiam) (quoting Snyder v. . . . Massachusetts , 291 U.S. 97, 105, 54 S.Ct. 330, 78 L.Ed. 674 (1934) ). . . .

COLE v. CARSON, v., 935 F.3d 444 (5th Cir. 2019)

. . . Garner , 471 U.S. 1, 9, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985) (whether a "particular" seizure was justified . . . light of the totality of the circumstances facing [the officer]") (citing Garner , 471 U.S. at 10, 105 . . . Garner , 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). . . . the immediate seizure, but on "the totality of the circumstances" facing the officers. 471 U.S. 1, 9, 105 . . . (quoting Garner , 471 U.S. at 11-12, 105 S.Ct. 1694 ). . . . See 471 U.S. at 3, 105 S.Ct. 1694 (noting the officer "saw no sign of a weapon" at the time he shot and . . . Forsyth, 472 U.S. 511, 529-30, 105 S. Ct. 2806, 2816-17, 86 L.Ed.2d 411 (1985). . . . the life of officers or others "if, where feasible, some warning has been given." 471 U.S. at 11-12, 105 . . . a significant threat of death or serious physical injury to the officer or others." 471 U.S. at 3, 105 . . .

BACA v. COLORADO DEPARTMENT OF STATE, G. T. L. M., 935 F.3d 887 (10th Cir. 2019)

. . . Dep't of State Police , 491 U.S. 58, 64, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) ("[A] State is not a person . . . Michigan Dept. of State Police , 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989), and/or Arizonans . . . Dep't of State Police , 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). . . . Locke , 471 U.S. 84, 92, 105 S.Ct. 1785, 85 L.Ed.2d 64 (1985) ). . . . Dep't of State Police , 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) ). Mr. . . .

PARKER, v. LANDRY,, 935 F.3d 9 (1st Cir. 2019)

. . . García-Catalán, 734 F.3d at 105 (quoting Menard v. . . . Dep't of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) ). . . .

BURKE, v. REGALADO, v., 935 F.3d 960 (10th Cir. 2019)

. . . Lamm , 639 F.2d 559, 575 (10th Cir. 1980) (citing Estelle , 429 U.S. at 105-06, 97 S.Ct. 285 ); see also . . . Garcia , 471 U.S. 261, 267, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985) ). . . .

UNITED STATES v. BEGAY,, 934 F.3d 1033 (9th Cir. 2019)

. . . Rep. 105-86, *76-77 (1997) (noting that "[t]he age at which a juvenile may be proceeded against as an . . .

GUPTA, v. MORGAN STANLEY SMITH BARNEY, LLC,, 934 F.3d 705 (7th Cir. 2019)

. . . Adams , 532 U.S. 105, 118-19, 121 S.Ct. 1302, 149 L.Ed.2d 234 (2001). . . .

TURCO v. CITY OF ENGLEWOOD, NEW JERSEY,, 935 F.3d 155 (3rd Cir. 2019)

. . . Fund, Inc. , 473 U.S. 788, 797, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985). Id. Id. Id. . . . Rock Against Racism , 491 U.S. 781, 799, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) ). Id. . . .

BENTLEY, v. AUTOZONERS, LLC, LLC,, 935 F.3d 76 (2nd Cir. 2019)

. . . Id. at 105. That same day, she complained orally to District Manager Campanile about Valentin. . . . Sanderson Plumbing Prods., Inc. , 530 U.S. 133, 143, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). . . .

UNITED STATES v. CANO,, 934 F.3d 1002 (9th Cir. 2019)

. . . Id. at 533-34, 105 S.Ct. 3304. . . . Id. at 536, 105 S.Ct. 3304. . . . Id. at 536-37, 540, 105 S.Ct. 3304. . . . Id. at 537-41, 105 S.Ct. 3304 ; see also United States v. . . . Montoya de Hernandez , 473 U.S. at 537 [105 S.Ct. 3304]. . . .

S. BLEDSOE, v. VANDERBILT,, 934 F.3d 1112 (10th Cir. 2019)

. . . Forsyth, 472 U.S. 511, 524-30, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). . . . See Mitchell, 472 U.S. at 528-29, 105 S.Ct. 2806 (holding that "a reviewing court" has jurisdiction over . . . Id. at 527-28, 105 S.Ct. 2806. . . .

ANZA TECHNOLOGY, INC. v. MUSHKIN, INC., 934 F.3d 1359 (Fed. Cir. 2019)

. . . A method of using an electrically dissipative bonding tool tip, having a resistance in the range of 105 . . .

SENNE v. KANSAS CITY ROYALS BASEBALL CORP. LLC LLC LP St. LLC LLC LLC LLC L. P. L. P. LLC LLC L. P. AZPB L. P. P LLC LLC LP LLP LLC LLC,, 934 F.3d 918 (9th Cir. 2019)

. . . Foster Wheeler LLC , 48 Cal. 4th 68, 97, 105 Cal.Rptr.3d 378, 225 P.3d 516 (2010) (emphasis in original . . . interest in regulating conduct that occurs within its borders," see McCann , 48 Cal. 4th at 97-98, 105 . . . Oklahoma (where the tort occurred) or California (where the plaintiff resided). 48 Cal. 4th at 96-98, 105 . . . has an interest in having its law applied under the circumstances of the present case," id. at 96, 105 . . . the present case will effect a far less significant impairment of California's interest," id. at 99, 105 . . . Shutts , 472 U.S. 797, 822, 105 S.Ct. 2965, 86 L.Ed.2d 628 (1985) ). . . . Beer Insti., Inc. , 491 U.S. 324, 336-37, 109 S.Ct. 2491, 105 L.Ed.2d 275 (1989) ). . . . Foster Wheeler LLC , 48 Cal.4th 68, 105 Cal.Rptr.3d 378, 225 P.3d 516, 534 (2010) ). . . . McCann , 105 Cal.Rptr.3d 378, 225 P.3d at 533-34 (alterations and citations omitted) (emphasis added) . . . Mazza , 666 F.3d at 592 (internal quotation marks omitted) (quoting McCann , 105 Cal.Rptr.3d 378, 225 . . .

HARVILLE, v. CITY OF HOUSTON, MISSISSIPPI,, 935 F.3d 404 (5th Cir. 2019)

. . . Town of Independence , 827 F.3d 396, 402 (5th Cir. 2016). 530 U.S. 133, 120 S.Ct. 2097, 147 L.Ed.2d 105 . . .

NEW YORK STATE CITIZENS COALITION FOR CHILDREN, v. J. POOLE,, 935 F.3d 56 (2nd Cir. 2019)

. . . Wing , 404 F.3d 105, 127 (2d Cir. 2005) (recognizing that "the Court has appeared to be increasingly . . .

NALPROPION PHARMACEUTICALS, INC. v. ACTAVIS LABORATORIES FL, INC., 934 F.3d 1344 (Fed. Cir. 2019)

. . . City of Bessemer City, 470 U.S. 564, 574, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (citing United States . . . See Anderson , 470 U.S. at 573-74, 105 S.Ct. 1504 ("If the district court's account of the evidence is . . .

MENAKER, v. HOFSTRA UNIVERSITY,, 935 F.3d 20 (2nd Cir. 2019)

. . . App. 105, 106 (Am. Compl. ¶¶ 32, 39). Id. at 104 (Am. Compl. ¶¶ 27, 29). Id. at 99-101 (Am. . . .

UNITED STATES v. NORMAN,, 935 F.3d 232 (4th Cir. 2019)

. . . stolen firearm and a criminal history category of VI, Norman's resulting Guidelines range was 84 to 105 . . . the controlled substance offense enhancement raised Norman's Guidelines range from 46-57 months to 84-105 . . .

DEJORIA, v. MAGHREB PETROLEUM EXPLORATION, S. A., 935 F.3d 381 (5th Cir. 2019)

. . . Id . at 574, 105 S.Ct. 1504. . . . Id . at 574, 105 S.Ct. 1504. . . . Anderson , 470 U.S. at 574, 105 S.Ct. 1504. B. . . . Anderson , 470 U.S. at 574, 105 S.Ct. 1504. . . . Id . at 574, 105 S.Ct. 1504. The same may be said for the other two key findings. . . .

UNITED STATES v. CLARK,, 935 F.3d 558 (7th Cir. 2019)

. . . Bagley , 473 U.S. 667, 682, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985). . . .

ROMO, v. P. BARR,, 933 F.3d 1191 (9th Cir. 2019)

. . . United States , 469 U.S. 70, 73, 105 S.Ct. 479, 83 L.Ed.2d 472 (1984), the Supreme Court observed that . . .

UNITED STATES v. C. BROWN, v. N., 934 F.3d 1278 (11th Cir. 2019)

. . . United States , 325 U.S. 91, 103, 105, 65 S.Ct. 1031, 89 L.Ed. 1495 (1945) (plurality opinion)). . . .

LILLY, v. CITY OF NEW YORK NYPD No. NYPD No., 934 F.3d 222 (2nd Cir. 2019)

. . . Appellee-Cross-Appellant's Br. at 7. 491 U.S. 274, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989). . . . Chesny, 473 U.S. 1, 9, 105 S.Ct. 3012, 87 L.Ed.2d 1 (1985). Id. at 5, 105 S.Ct. 3012. . . .

YOUKHANNA v. CITY OF STERLING HEIGHTS C., 934 F.3d 508 (6th Cir. 2019)

. . . Fund, Inc. , 473 U.S. 788, 806, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985) ). . . .

IN RE NATIONAL FOOTBALL LEAGUE S SUNDAY TICKET ANTITRUST LITIGATION, Jr. v. LLC LLC NFL LLC LLC LP LLC LLC NFL LP LLC LP LLC LP Co. LLC LP LLC, 933 F.3d 1136 (9th Cir. 2019)

. . . Motorola, Inc. , 105 F.3d 841, 846 (2d Cir. 1997) (" NBA ") ("In our view, the underlying basketball . . . plainly copyrightable "motion pictures" under the Copyright Act of 1976. 17 U.S.C. § 102(a)(6) ; NBA , 105 . . . requirement that the original work of authorship be 'fixed in any tangible medium of expression.' " NBA , 105 . . . member institutions were free to sell television rights, many more games would be shown," 468 U.S. at 105 . . .

J. MALOUF, v. SECURITIES AND EXCHANGE COMMISSION,, 933 F.3d 1248 (10th Cir. 2019)

. . . Chaney , 470 U.S. 821, 831, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985). . . .

LATURNER, v. UNITED STATES,, 933 F.3d 1354 (Fed. Cir. 2019)

. . . Labs., Inc. , 471 U.S. 707, 713, 105 S.Ct. 2371, 85 L.Ed.2d 714 (1985). . . .

SMITH, OSF v. OSF HEALTHCARE SYSTEM,, 933 F.3d 859 (7th Cir. 2019)

. . . Russell , 473 U.S. 134, 146, 105 S.Ct. 3085, 87 L.Ed.2d 96 (1985). . . .

OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC. L. B. L. LLC G. v. PENNSYLVANIA TURNPIKE COMMISSION S. PTC K. PTC T. PTC T. Sr. PTC N. PTC P. PTC R. PTC s, 934 F.3d 283 (3rd Cir. 2019)

. . . No. 102-240, 105 Stat. 1914 (codified as amended in scattered titles), authorizes these types of projects . . . Reserve Sys., 472 U.S. 159, 174, 105 S.Ct. 2545, 86 L.Ed.2d 112 (1985) ("When Congress so chooses, state . . .

MCMICHAEL, v. TRANSOCEAN OFFSHORE DEEPWATER DRILLING, INCORPORATED RIGP DCL, L. L. C. USA,, 934 F.3d 447 (5th Cir. 2019)

. . . Sanderson Plumbing Prod., Inc. , 530 U.S. 133, 142, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) ; Bienkowski . . .

IN RE ASCOT FUND LIMITED, a, 603 B.R. 271 (Bankr. S.D.N.Y. 2019)

. . . (Exs. 95-105.) . . .

DAWSON, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION PAC-, 932 F.3d 905 (9th Cir. 2019)

. . . Sec'y of Labor , 471 U.S. 290, 295, 105 S.Ct. 1953, 85 L.Ed.2d 278 (1985). . . . individual may work for a covered enterprise and nevertheless not be an 'employee.' " Id . at 299, 105 . . . Id . at 300, 105 S.Ct. 1953 (quoting Walling v. . . . Ultimately, "[t]he test of employment under the [FLSA] is one of 'economic reality.' " Id . at 301, 105 . . . Alamo , 471 U.S. at 296-97, 105 S.Ct. 1953. . . .

NATIONAL ASSOCIATION FOR GUN RIGHTS, INC. v. MANGAN, G. J., 933 F.3d 1102 (9th Cir. 2019)

. . . determine whether electioneering communications are those made within 85 days of an election or within 105 . . .

ADAM AND EVE JONESBORO, LLC, v. PERRIN, In, 933 F.3d 951 (8th Cir. 2019)

. . . Johnson , 491 U.S. 397, 404, 109 S.Ct. 2533, 105 L.Ed.2d 342 (1989). . . . Cleburne Living Ctr. , 473 U.S. 432, 440, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985). . . . City of Cleburne , 473 U.S. at 446, 105 S.Ct. 3249. . . . Id. at 449-450, 105 S.Ct. 3249. . . . Members of New York State Crime Victims Bd. , 502 U.S. 105, 116, 112 S.Ct. 501, 116 L.Ed.2d 476 (1991 . . .

NAUMOVSKI, v. NORRIS, 934 F.3d 200 (2nd Cir. 2019)

. . . Forsyth , 472 U.S. 511, 530, 105 S. Ct. 2806, 86 L.Ed.2d 411 (1985) ; accord Winfield v. . . .

LIBERTY MUTUAL FIRE INSURANCE COMPANY, v. FOWLKES PLUMBING, L. L. C., 934 F.3d 424 (5th Cir. 2019)

. . . Employers Ins. of Wausau , 786 F.2d 101, 105 (2d Cir. 1986) ; Bd. . . .

STUDDARD, v. SHELBY COUNTY, TENNESSEE, J. I., 934 F.3d 478 (6th Cir. 2019)

. . . Garner , 471 U.S. 1, 11, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). . . .

CLARK, v. WARDEN,, 934 F.3d 483 (6th Cir. 2019)

. . . Bagley , 473 U.S. 667, 678, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985) ). . . .

UNITED STATES v. JONES,, 935 F.3d 266 (5th Cir. 2019)

. . . Young , 470 U.S. 1, 15, 105 S.Ct. 1038, 84 L.Ed.2d 1 (1985) (quoting United States v. . . .

SHIRLEY v. ALLSTATE INSURANCE CO., 392 F. Supp. 3d 1185 (S.D. Cal. 2019)

. . . App. 4th 1112, 1118-21, 105 Cal.Rptr.2d 153 (2001). . . .

IN RE MIAMI METALS I, INC., 603 B.R. 531 (Bankr. S.D.N.Y. 2019)

. . . JUDGE Before the Court is (i) the Debtors' Motion for Entry of an Order Under Bankruptcy Code Sections 105 . . . entry of an order providing for a structured dismissal of the debtor's Chapter 11 case under Section 105 . . . Refineries, LLC's Limited Objection to Debtors' Motion for Entry of an Order under Bankruptcy Code Sections 105 . . . ., and Yamana Gold Inc. to (i) Debtors' Motion for Entry of an Order under Bankruptcy Code Sections 105 . . .

IN RE MIAMI METALS I, INC., 603 B.R. 727 (Bankr. S.D.N.Y. 2019)

. . . M & S Welding Shop, Inc. , 105 So. 2d 802, 803 (Fla. 3d Dist. Ct. . . .

KNICK, v. TOWNSHIP OF SCOTT S., 932 F.3d 152 (3rd Cir. 2019)

. . . Hamilton Bank of Johnson City , 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985). . . .

LIVADITIS, v. DAVIS,, 933 F.3d 1036 (9th Cir. 2019)

. . . Strickland claim under AEDPA, the federal court's review must be "doubly" deferential, Richter , 562 U.S. at 105 . . . Richter , 562 U.S. at 105, 131 S.Ct. 770. . . . See Richter , 562 U.S. at 105, 131 S.Ct. 770. AFFIRMED. . . .

COEUR D ALENE TRIBE, a v. W. HAWKS A., 933 F.3d 1052 (9th Cir. 2019)

. . . Crow Tribe of Indians , 471 U.S. 845, 850, 105 S.Ct. 2447, 85 L.Ed.2d 818 (1985). . . . Id. at 851-53, 105 S.Ct. 2447 ; see also Ariz. Pub. Serv. Co. v. . . . (quoting Nat'l Farmers , 471 U.S. at 851-52, 105 S.Ct. 2447 ). . . . Chilkat , 870 F.2d at 1474 (quoting Nat'l Farmers , 471 U.S. at 851, 105 S.Ct. 2447 ). . . . Id. at 1475 (citing Nat'l Farmers , 471 U.S. at 845, 105 S.Ct. 2447 ). . . .

G. BEASLEY v. WARREN UNILUBE, INC., 933 F.3d 932 (8th Cir. 2019)

. . . Sanderson Plumbing Prod., Inc. , 530 U.S. 133, 143, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) (quoting Texas . . .

UNITED STATES v. NG LAP SENG, Ng, Ng W. C., 934 F.3d 110 (2nd Cir. 2019)

. . . See International Anti-Bribery and Fair Competition Act of 1998, P.L. 105-366, sec. 3(c), 112 Stat. 3302 . . . Heras , 609 F.3d 101, 105 (2d Cir. 2010) (internal quotation marks omitted). . . .