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Florida Statute 791 | Lawyer Caselaw & Research
F.S. 791 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 791
SALE OF FIREWORKS
View Entire Chapter
CHAPTER 791
CHAPTER 791
SALE OF FIREWORKS
791.001 Application and enforcement.
791.01 Definitions.
791.012 Minimum fireworks safety standards.
791.013 Testing and approval of sparklers; penalties.
791.015 Registration of manufacturers, distributors, wholesalers, and retailers of sparklers.
791.02 Sale of fireworks regulated; rules and regulations.
791.03 Bond of licensees.
791.04 Sale at wholesale, etc., exempted.
791.05 Seizure of illegal fireworks.
791.055 Restrictions upon storage of sparklers.
791.06 Penalties.
791.07 Agricultural and fish hatchery use.
791.08 Use during designated holidays; exemption.
791.001 Application and enforcement.This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state.
History.s. 6, ch. 87-118.
791.01 Definitions.As used in this chapter, the term:
(1) “Distributor” means any person engaged in the business of selling sparklers to a wholesaler.
(2) “Division” means the Division of the State Fire Marshal of the Department of Financial Services.
(3) “Explosive compound” means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat.
(4)(a) “Fireworks” means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.
(b) “Fireworks” does not include sparklers approved by the division pursuant to s. 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.
(c) “Fireworks” also does not include the following novelties and trick noisemakers:
1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate.
2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect.
3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes:
a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report.
b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report.
c. A snapper, which is a small, paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition.
d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks.
e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report.
f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report.

The sale and use of items listed in this paragraph are permitted at all times.

(5) “Manufacturer” means any person engaged in the manufacture or construction of sparklers in this state.
(6) “Retailer” means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail.
(7) “Seasonal retailer” means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year.
(8) “Sparkler” means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks.
(9) “Wholesaler” means any person engaged in the business of selling sparklers to a retailer.
History.s. 1, ch. 20445, 1941; s. 1, ch. 57-338; s. 1, ch. 84-201; s. 1, ch. 87-118; s. 36, ch. 89-233; s. 1906, ch. 2003-261.
791.012 Minimum fireworks safety standards.The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder.
History.s. 1, ch. 96-285.
791.013 Testing and approval of sparklers; penalties.
(1) A person who wishes to sell sparklers must submit samples of his or her product to the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such samples must be received by the division by September 1 to be considered for approval the following year. On February 1 of each year the division shall approve those products which it has tested and found to meet the requirements for sparklers. All approved sparkler products are legal for sale until January 31 of the following year. The list of approved sparkler products shall be published in the Florida Administrative Register and shall prominently state the dates between which the products may be sold. The division shall make copies of this list available to the public. A product must be tested and approved for sale in accordance with the rules adopted to implement this section. Beginning February 1, 1988, only those products approved by the division may be sold in the state. The State Fire Marshal shall adopt rules describing the testing, approval, and listing procedures.
(2) Any person who alters an approved sparkler product, so that it is no longer a sparkler as defined in s. 791.01, and subsequently sells the product as if it were approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who fraudulently represents a device as approved for sale as a sparkler product when it is not so approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) For purposes of the testing requirement by this section, the division shall perform such tests as are necessary to determine compliance with the performance standards in the definition of sparklers, pursuant to s. 791.01. The State Fire Marshal shall adopt, by rule, procedures for testing products to determine compliance with this chapter. The Division of Investigative and Forensic Services shall dispose of any samples which remain after testing.
History.s. 2, ch. 87-118; s. 21, ch. 93-276; s. 1222, ch. 97-102; s. 58, ch. 2013-14; s. 38, ch. 2016-165.
791.015 Registration of manufacturers, distributors, wholesalers, and retailers of sparklers.
(1) REGISTRATION REQUIREMENTS.Any manufacturer, distributor, wholesaler, retailer, or seasonal retailer of sparklers who wishes to do business in this state or to otherwise sell, ship, or assign for sale its products in this state must register annually with the division on forms prescribed by the division. Any retailer who sells sparklers at more than one retail location may submit one registration form for all such locations but must provide the address of each location with the registration form; however, any retailer may submit multiple registration forms.
(2) REGISTRATION FORM.The registration form filed with the division must be notarized and must include the following information: business name; address; telephone number; officers, if the business is a corporation; and an individual designated as a contact person.
(3) FEES.
(a) Each manufacturer, distributor, or wholesaler must pay an annual registration fee to be set by the division not to exceed $1,000. Each seasonal retailer must pay an annual registration fee to be set by the division not to exceed $200. Each retailer shall pay an annual registration fee to be set by the division not to exceed $15 for each retail location registered. Each certificateholder wishing to have a duplicate certificate issued for one which is lost or to reflect a change of address shall request such duplicate in writing and shall pay a fee of $5.
(b) Revenue from registration fee payments shall be deposited in the Insurance Regulatory Trust Fund for the purposes of implementing the registration and testing provisions of this chapter.
(4) RULES.The State Fire Marshal may adopt rules prescribing registration forms required by this section.
History.s. 3, ch. 87-118; s. 37, ch. 89-233; s. 21, ch. 2000-370; s. 1907, ch. 2003-261.
791.02 Sale of fireworks regulated; rules and regulations.
(1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals when such public display is to take place outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location.
History.s. 2, ch. 20445, 1941; s. 1, ch. 61-312; s. 4, ch. 87-118; s. 1223, ch. 97-102.
791.03 Bond of licensees.The board of county commissioners shall require a bond deemed adequate by the board of county commissioners from the licensee in a sum not less than $500 conditioned for the payment of all damages which may be caused either to a person or to property by reason of the licensee’s display, and arising from any acts of the licensee, his or her agents, employees or subcontractors.
History.s. 3, ch. 20445, 1941; s. 1, ch. 61-312; s. 1224, ch. 97-102.
791.04 Sale at wholesale, etc., exempted.Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners at the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds.
History.s. 4, ch. 20445, 1941; s. 1, ch. 61-312; s. 5, ch. 87-118.
791.05 Seizure of illegal fireworks.Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.
History.s. 5, ch. 20445, 1941; s. 1225, ch. 97-102.
791.055 Restrictions upon storage of sparklers.
(1) Sparklers shall not be stored or kept for sale in any store:
(a) In which paints, oils, or varnishes are manufactured or kept for use or sale unless the paints, oils, or varnishes are in unbroken containers.
(b) In which resin, turpentine, gasoline, or flammable substances or substances which may generate vapors are used, stored, or offered for sale unless the resin, turpentine, gasoline, or substances are in unbroken containers.
(c) In which there is not at least one approved chemical fire extinguisher ready, available, and equipped for use in extinguishing fires.
(2) When sparklers are in storage to be offered for sale at retail, a sign shall be conspicuously displayed over the entrance to the room in which the sparklers are stored, which sign reads: “CAUTION SPARKLERS-NO SMOKING.” No person shall be in such room while in possession of a lighted cigar, cigarette, or pipe.
History.s. 2, ch. 84-201.
791.06 Penalties.Any firm, copartnership, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083 or, in the case of individuals, the members of a partnership and the responsible officers and agents of an association or corporation, punishable as provided in s. 775.082 or s. 775.083.
History.s. 6, ch. 20445, 1941; s. 756, ch. 71-136.
791.07 Agricultural and fish hatchery use.Nothing in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries; and such use shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services.
History.s. 1, ch. 29780, 1955; s. 1, ch. 57-336; ss. 14, 35, ch. 69-106; s. 1, ch. 82-109.
Note.Section 10(5), ch. 2007-67, provides that “[p]ending completion of the Legislature’s review of the task force’s report and to ensure that fire prevention and safety standards are uniform, a new permanent retail sales facility engaged in sales otherwise permitted under s. 791.07, Florida Statutes, may not be opened in this state after March 8, 2007, unless the permanent retail sales facility has received site-plan approval and construction has begun on or before March 8, 2007; the number of permits for temporary retail sales facilities, such as tents, engaged in sales otherwise permitted by s. 791.07, Florida Statutes, which are issued after March 8, 2007, by a county, municipality, or other unit of local government may not exceed the number of permits that such governmental entity issued for such facilities during the previous calendar year; and a municipality, county, or other unit of local government may not adopt an ordinance, rule, regulation, or other law after March 8, 2007, which directly prohibits or directly interferes with the safety standards established by state law or the right to purchase, sell, use, or possess consumer fireworks in this state. However, if the Legislature enacts legislation to provide for the comprehensive regulation of fire prevention and safety standards for the use of consumer fireworks to replace this subsection on or before July 1, 2008, this subsection does not prohibit opening any such facility, permitting any such temporary facility, or adopting any such ordinance or other law after such legislation is enacted.”
791.08 Use during designated holidays; exemption.
(1) As used in this section, the term “designated holiday” means:
(a) New Year’s Day, January 1;
(b) Independence Day, July 4; or
(c) New Year’s Eve, December 31.
(2) This chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday. This section is not intended to provide for the comprehensive regulation of fireworks as described in s. 10(5), chapter 2007-67, Laws of Florida, or to supersede any local governmental regulation relating to the use of fireworks as provided in s. 10(5), chapter 2007-67, Laws of Florida.
(3) The Legislature does not intend for the application of this section to supersede any prohibition against the use of fireworks contained within a legally executed and properly recorded declaration of covenants or covenant running with the land of any homeowners’ association pursuant to chapter 720. However, a homeowners’ association, through a board of directors, may not promulgate rules that attempt to abrogate a homeowner’s right to use fireworks during a designated holiday or under general law.
History.s. 1, ch. 2020-11.

F.S. 791 on Google Scholar

F.S. 791 on Casetext

Amendments to 791


Arrestable Offenses / Crimes under Fla. Stat. 791
Level: Degree
Misdemeanor/Felony: First/Second/Third

S791.013 - HEALTH-SAFETY - ALTER OR MISREPRESENT APPROVED SPARKLER - M: F
S791.013 1 - FRAUD - RENUMBERED. SEE REC # 6960 - M: F
S791.013 2 - HEALTH-SAFETY - ALTER OR MISREPRESENT APPROVED SPARKLER - M: F
S791.02 1 - HEALTH-SAFETY - VIOLATE FIREWORKS SALE OR USE REGULATIONS - M: F
S791.055 - HEALTH-SAFETY - IMPROPER STORAGE OF SPARKLER - M: F
S791.06 - HEALTH-SAFETY - VIOLATE SALE OF FIREWORKS LAW - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Rock Against Racism , 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (internal quotation marks . . . Rock Against Racism , 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989). . . .

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

. . . Gee , 905 F.3d 787, 791 (CA5 2018). . . .

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

. . . Salazar , 555 U.S. 379, 387, 129 S.Ct. 1058, 172 L.Ed.2d 791 (2009) ; Connecticut Nat. Bank v. . . . Co. , 791 F.2d 888 (CA11 1986). . . .

J. LOMAX, v. ORTIZ- MARQUEZ,, 140 S. Ct. 1721 (U.S. 2020)

. . . . ----, ----, 139 S.Ct. 1507, 1512, 203 L.Ed.2d 791 (2019). . . .

FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, v. AURELIUS INVESTMENT, LLC, LLC, III v. LLC, v. LLC, n De De La El Y v., 140 S. Ct. 1649 (U.S. 2020)

. . . Salazar , 555 U.S. 379, 395, 129 S.Ct. 1058, 172 L.Ed.2d 791 (2009) (quoting Branch v. . . .

MAINE COMMUNITY HEALTH OPTIONS, v. UNITED STATES v. v. v., 140 S. Ct. 1308 (U.S. 2020)

. . . United States , 15 Pet. 423, 445, 10 L.Ed. 791 (1841) ). . . .

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

. . . EPA , 843 F.2d 782, 791 (C.A.4 1988) ("[T]he control of non[-]point source pollution was so dependent . . .

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

. . . S., at ----, 139 S.Ct., at 687 (Eighth Amendment's Excessive Fines Clause); McDonald , supra, at 791, . . .

BABB, v. WILKIE,, 140 S. Ct. 1168 (U.S. 2020)

. . . . § 791 ; 5 CFR § 213.3102(u) ; 29 CFR § 1614.203(d) (2019). . . .

ANDERSON LAW OFFICES, v. COMMON BENEFIT FEE AND COST COMMITTEE., 140 S. Ct. 1118 (U.S. 2020)

. . . No. 19-791 Supreme Court of the United States. . . .

THOMPSON, v. HEBDON,, 140 S. Ct. 348 (U.S. 2019)

. . . Williams , 812 F.3d 787, 791 (C.A.10 2016) ; Alabama Democratic Conference v. . . .

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

. . . Igbinoso , 791 F.3d 1037, 1039-40 (9th Cir. 2015) ; Kosilek , 774 F.3d at 86 ; De'lonta , 708 F.3d at . . . Rosati , 791 F.3d at 1040 (alleged blanket ban on GCS and denial of GCS to plaintiff with severe symptoms . . .

IN RE BOWLES,, 935 F.3d 1210 (11th Cir. 2019)

. . . Sec'y, Dep't of Corr, 3:08-cv-791 (M.D. Fla. Aug. 8, 2008), ECF No. 1. . . . Sec'y, Dep't of Corr, 3:08-cv-791 (M.D. Fla. Dec. 23, 2009), ECF No. 18. . . . Zook, 791 F.3d 465, 469 (4th Cir. 2015) ; Frazier v. . . .

BOWLES v. FLORIDA,, 140 S. Ct. 2589 (U.S. 2019)

. . . See, e.g., 276 So.3d 791, 794 (2019) (case below); Harvey v. . . .

BOWLES, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 935 F.3d 1176 (11th Cir. 2019)

. . . Sec'y, Dep't of Corr, 3:08-cv-791 (M.D. Fla. Aug. 8, 2008), ECF No. 1. . . . Sec'y, Dep't of Corr, 3:08-cv-791 (M.D. Fla. Dec. 23, 2009), ECF No. 18. . . .

SEMPLE, a a k a a v. GRISWOLD, Be USA A., 934 F.3d 1134 (10th Cir. 2019)

. . . Junior College District, 397 U.S. 50, 54-55, 90 S.Ct. 791, 25 L.Ed.2d 45 (1970), the Court stated that . . . Id. at 55, 90 S.Ct. 791. . . .

UNITED STATES v. A. HOPPER,, 934 F.3d 740 (7th Cir. 2019)

. . . Womack , 496 F.3d 791, 794 (7th Cir. 2007). . . . Womack , 496 F.3d 791, 795 (7th Cir. 2007), Mr. . . .

BOWLES, v. DESANTIS,, 934 F.3d 1230 (11th Cir. 2019)

. . . Dep't of Corr., No. 3:08-cv-791 (M.D. Fla. Sept. 27, 2017), ECF No. 33. . . . Dep't of Corr., No. 3:08-cv-791 (M.D. Fla. Dec. 6, 2017), ECF No. 36. . . .

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

. . . Trinity Coll. , 259 Conn. 625, 644, 791 A.2d 518 (2002) ; see Gorzynski v. . . .

UNITED STATES v. WILLIAMS, 934 F.3d 804 (8th Cir. 2019)

. . . Sisco , 576 F.3d 791, 795 (8th Cir. 2009). . . .

MARTINEZ, v. WALGREEN COMPANY,, 935 F.3d 396 (5th Cir. 2019)

. . . MERSCORP Inc. , 791 F.3d 545, 551 (5th Cir. 2015) ). Id. . . .

A. CARVELLI, v. OCWEN FINANCIAL CORPORATION, M. R. Jr., 934 F.3d 1307 (11th Cir. 2019)

. . . Litig ., 791 F.3d 90, 102 (D.C. Cir. 2015) (internal citation and quotation marks omitted). . . .

JIE FANG Li v. DIRECTOR UNITED STATES IMMIGRATION CUSTOMS ENFORCEMENT, 935 F.3d 172 (3rd Cir. 2019)

. . . INS , 686 F.2d 784, 791 (9th Cir. 1982) ; Tooloee v. INS , 722 F.2d 1434, 1436 (9th Cir. 1983). . . . INS , 686 F.2d 784, 791 (9th Cir. 1982) ; Tooloee v. INS , 722 F.2d 1434, 1436 (9th Cir. 1983). . . .

HAWKINS v. I- TV DIGITALIS TAVKOZLESI ZRT. f k a DMCC Rt. DIGI RCS RDS S. A. RCS S. A. DIGI N. V. v. i- TV f k a DMCC Rt. DIGI RCS RDS S. A. RCS S. A. DIGI N. V., 935 F.3d 211 (4th Cir. 2019)

. . . Idento Operations, BV , 759 F.3d 790, 791 (7th Cir. 2014) ; Lear Corp. v. Johnson Elec. . . . Id. at 791. The shares are alienable, subject to any restrictions imposed by the business. Id. . . .

UNITED STATES v. GLENN,, 935 F.3d 313 (5th Cir. 2019)

. . . Anderson , 755 F.3d 782, 791 (5th Cir. 2014) ("[W]e defer to the district court's credibility determination . . .

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)

. . . See Los Angeles Mem'l Coliseum Comm'n , 791 F.2d at 1367. . . .

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

. . . Fox Searchlight Pictures, Inc. , 791 F.3d 376 (2d Cir. 2015), amended and superseded by 811 F.3d 528 . . .

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

. . . Bellotti , 435 U.S. 765, 791-92, 98 S.Ct. 1407, 55 L.Ed.2d 707 (1978) (footnote omitted). . . .

BASTARDO- VALE, v. ATTORNEY GENERAL UNITED STATES, 934 F.3d 255 (3rd Cir. 2019)

. . . Ct. 1507, 1512, 203 L.Ed.2d 791 (2019) (citation omitted); Smith v. . . .

UNITED STATES EX REL. CHARTE v. AMERICAN TUTOR, INC. Jr. Sr., 934 F.3d 346 (3rd Cir. 2019)

. . . Ct. 1507, 1510, 203 L.Ed.2d 791 (2019) (quoting 31 U.S.C. § 3730(b)(1) ). . . .

MARTINEAU, v. WIER, 934 F.3d 385 (4th Cir. 2019)

. . . Hosp. , 606 F.3d 789, 791 (D.C. Cir. 2010) (quoting Morlan v. Universal Guar. Life Ins. . . .

VALBRUNA SLATER STEEL CORPORATION, v. JOSLYN MANUFACTURING COMPANY,, 934 F.3d 553 (7th Cir. 2019)

. . . Sun Microsystems, Inc. , 791 F.3d 754, 761 n.2 (7th Cir. 2015) (noting "a split of authority on this . . . jurisdiction over the subject matter of the counterclaim, it cannot be "compulsory." 770 N.E.2d at 791 . . . See 770 N.E.2d at 791 n.2. . . . See id. at 791-92 & n.2. . . . See id. at 791 n.2. . . .

T. SCHMITT v. LAROSE,, 933 F.3d 628 (6th Cir. 2019)

. . . Supp. 3d at 791. . . .

N. TIMM K. v. GOODYEAR DUNLOP TIRES NORTH AMERICA, LTD., 932 F.3d 986 (7th Cir. 2019)

. . . Ford Motor Co ., 942 N.E.2d 791, 793-94 (Ind. 2011) (quoting Miller v. . . .

O. CAMPOS, v. COOK COUNTY,, 932 F.3d 972 (7th Cir. 2019)

. . . West , 791 F.3d 801, 808 (7th Cir. 2015). . . .

C. CORDARO, v. UNITED STATES, 933 F.3d 232 (3rd Cir. 2019)

. . . J.A. 791. Finan did. . . .

UNITED STATES v. BANYAN, 933 F.3d 548 (6th Cir. 2019)

. . . Edelkind , 467 F.3d 791, 798 (1st Cir. 2006) (evidence "that a [bank] (not just its subsidiary) signed . . . Edelkind , 467 F.3d 791, 797-98 (1st Cir. 2006) (bank approved the mortgage company's loans). . . .

JET MIDWEST INTERNATIONAL CO. LTD, v. JET MIDWEST GROUP, LLC, F. F. M., 932 F.3d 1102 (8th Cir. 2019)

. . . Idento Operations, BV , 759 F.3d 790, 791 (7th Cir. 2014). . . .

UNITED STATES v. D. RIVERA- CARRASQUILLO, a k a KX, a k a a k a a k a n V a k a, 933 F.3d 33 (1st Cir. 2019)

. . . Edelkind, 467 F.3d 791, 797 (1st Cir. 2006) ; see also United States v. . . .

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, v. BEACH MART, INC. L L, 932 F.3d 268 (4th Cir. 2019)

. . . J.A. 667, 791. . . . J.A. 667, 791. . . . which is virtually identical to [L&L's] slogan - 'All you need to reach the beach.' " J.A. 667-68, 791 . . . J.A. 667, 791. . . . J.A. 667, 791. . . .

ALLSTATE INDEMNITY COMPANY, v. DIXON, 932 F.3d 696 (8th Cir. 2019)

. . . Background The Dixons purchased the subject property located at 791 State Hwy T, West Plains, Missouri . . .

UNITED STATES v. BOSYK,, 933 F.3d 319 (4th Cir. 2019)

. . . Lyles , 910 F.3d 787, 791 (4th Cir. 2018). A. . . . we must "confine our review to the facts that were before the magistrate judge," Lyles , 910 F.3d at 791 . . . Lyles , 910 F.3d 787, 791 (4th Cir. 2018). . . .

J. MAHLER, v. FIRST DAKOTA TITLE LIMITED PARTNERSHIP, a LLC, a LLC C. A. Jr., 931 F.3d 799 (8th Cir. 2019)

. . . Deere & Co. , 791 F.3d 938, 945 n.6 (8th Cir. 2015). A. . . .

UNITED STATES v. ABREU- GARC A, a k a a, a k a P a k a P, 933 F.3d 1 (1st Cir. 2019)

. . . Arroyo-Maldonado, 791 F.3d 193, 197 (1st Cir. 2015). There was no error, plain or otherwise. . . .

UNITED STATES v. CORNETTE,, 932 F.3d 204 (4th Cir. 2019)

. . . Newbold , 791 F.3d 455 (4th Cir. 2015), and United States v. . . . Newbold , 791 F.3d 455 (4th Cir. 2015), and United States v. . . . imposed under the Fair Sentencing Act qualified as a serious drug offense for purposes of § 924(e)(2)(A). 791 . . .

IN RE GREER- ALLEN, v., 602 B.R. 831 (Bankr. Mass. 2019)

. . . Hale (In re Hale) , 289 B.R. 788, 791 (1st Cir. BAP 2003) (citing Mesnick v. Gen. Elec. . . . (In re Bronsdon) , 435 B.R. 791, 796 (1st Cir. BAP 2010). . . .

IN RE SCHATZ, v., 602 B.R. 411 (B.A.P. 1st Cir. 2019)

. . . (In re Bronsdon), 435 B.R. 791, 796 (1st Cir. BAP 2010) (citing Educ. Credit Mgmt. Corp. v. . . .

RUIZ- CORTEZ, v. CITY OF CHICAGO,, 931 F.3d 592 (7th Cir. 2019)

. . . Tuttle , 471 U.S. 808, 824, 105 S.Ct. 2427, 85 L.Ed.2d 791 (1985) (plurality) ("[W]here the policy relied . . .

UNITED STATES v. BONIN,, 932 F.3d 523 (7th Cir. 2019)

. . . Gramley , 225 F.3d 784, 791 (7th Cir. 2000). . . .

WILLIAMS, v. STATE, 275 So. 3d 1281 (Fla. App. Ct. 2019)

. . . State , 249 So.3d 791, 792 (Fla. 5th DCA 2018). . . .

UNITED STATES v. HALL, III,, 931 F.3d 694 (8th Cir. 2019)

. . . Valure , 835 F.3d 789, 791 (8th Cir. 2016) ; see also 18 U.S.C. § 3553(a)(4)(B) (requiring that courts . . .

P. ADIA, v. GRANDEUR MANAGEMENT, INC. I., 933 F.3d 89 (2nd Cir. 2019)

. . . Kalu , 791 F.3d 1194, 1212 (10th Cir. 2015). . . .

KOALA, v. KHOSLA,, 931 F.3d 887 (9th Cir. 2019)

. . . Limited fora may be established through policy or practice, see id. at 791-93, 105 S.Ct. 3439 (examining . . .

KHRAPUNOV, v. PROSYANKIN, 931 F.3d 922 (9th Cir. 2019)

. . . Valenzuela , 791 F.3d 1166, 1168 (9th Cir. 2015) (quoting Estate of Conners by Meredith v. . . . Id. ; see also Mitchell , 791 F.3d at 1168 ("Dispositive matters are those listed in section 636(b)(1 . . . Mitchell , 791 F.3d at 1168 ; Bastidas v. . . . Chappell , 791 F.3d 1155, 1159 (9th Cir. 2015) ("The authority of magistrate judges 'is a question of . . . See Mitchell , 791 F.3d at 1174 ; Bastidas , 791 F.3d at 1164 ; Flam , 788 F.3d at 1048 ; United States . . .

NEWIRTH, BY AND THROUGH J. NEWIRTH, v. AEGIS SENIOR COMMUNITIES, LLC,, 931 F.3d 935 (9th Cir. 2019)

. . . Fisher , 791 F.2d at 694. . . . Fisher , 791 F.2d at 695 ; accord Letizia v. . . . Martin , 829 F.3d at 1126 ; see also Fisher , 791 F.2d at 698. . . . Fisher , 791 F.2d at 698. . . . Fisher , 791 F.2d at 698. . . .

NORTHPORT HEALTH SERVICES OF ARKANSAS, LLC, NHS LLC v. POSEY, AARP AARP s s, 930 F.3d 1027 (8th Cir. 2019)

. . . Golf U.S.A., Inc., 154 F.3d 788, 791 (8th Cir. 1998). . . .

UNITED STATES v. IWAI,, 930 F.3d 1141 (9th Cir. 2019)

. . . Cty. of Washoe , 843 F.3d 784, 791 (9th Cir. 2016) (en banc). . . . Ojeda , 276 F.3d 486, 488 (9th Cir. 2002) ; see Kirkpatrick , 843 F.3d at 791 ; United States v. . . .

UNITED STATES v. A. GOODRIDGE,, 392 F. Supp. 3d 159 (D. Mass. 2019)

. . . Eberhart , 461 Mass. 809, 965 N.E. 2d 791, 798 (2012) ); see also Commonwealth v. . . .

UNITED STATES v. MYERS,, 930 F.3d 1113 (9th Cir. 2019)

. . . Ellis , 622 F.3d 784, 791 (7th Cir. 2010). We agree with the Tenth and Seventh Circuits. . . . Loud Hawk , 474 U.S. at 316-17, 106 S.Ct. 648 ; Ellis , 622 F.3d at 791. . . .

WEEKS, a. k. a. v. UNITED STATES, 930 F.3d 1263 (11th Cir. 2019)

. . . Eberhart, 461 Mass. 809, 818, 965 N.E.2d 791, 798 (2012) ; Burke, 390 Mass. at 482, 457 N.E.2d at 624 . . .

PRESQUE ISLE COLON AND RECTAL SURGERY, v. HIGHMARK HEALTH, f k a f k a, 391 F. Supp. 3d 485 (W.D. Pa. 2019)

. . . Virginia State Bar , 421 U.S. 773, 791, 95 S.Ct. 2004, 44 L.Ed.2d 572 (1975) ). . . .

TRUE HEALTH DIAGNOSTICS, LLC, v. M. AZAR, II,, 392 F. Supp. 3d 666 (E.D. Tex. 2019)

. . . MERSCORP, Inc. , 791 F.3d 545, 552 (5th Cir. 2015). . . .

IN RE A. STEWART, P., 603 B.R. 138 (Bankr. W.D. Okla. 2019)

. . . BAP 1997) ; In re Rotert , 530 B.R. 791, 798 (Bankr. N.D. Okla. 2015) ; Vaughn v. . . . disease that would attack the heart of the bankruptcy process, its integrity."); In re Rotert , 530 B.R. 791 . . .

PIERRE- PAUL, v. P. BARR, U. S., 930 F.3d 684 (5th Cir. 2019)

. . . Ashcroft , 380 F.3d 788, 791 (5th Cir. 2004) (observing that whether an alien demonstrated the requisite . . .

UNITED STATES v. POSADA,, 930 F.3d 881 (7th Cir. 2019)

. . . Heckel , 570 F.3d 791, 795 (7th Cir. 2009) ). A bare denial is not enough. United States v. . . .

UNITED STATES v. GUTIERREZ- RAMIREZ,, 930 F.3d 963 (8th Cir. 2019)

. . . Wilson , 619 F.3d 787, 791 (8th Cir. 2010). . . .

CAUSE OF ACTION INSTITUTE, v. INTERNAL REVENUE SERVICE,, 390 F. Supp. 3d 84 (D.D.C. 2019)

. . . Dist. of Columbia Water & Sewer Auth. , 791 F.3d 65, 68 (D.C. Cir. 2015). . . .

IXCHEL PHARMA, LLC, v. BIOGEN, INC., 930 F.3d 1031 (9th Cir. 2019)

. . . Bear Stearns & Co. , 50 Cal. 3d 1118, 1126, 270 Cal.Rptr. 1, 791 P.2d 587 (1990). . . .

ADAMS OUTDOOR ADVERTISING LIMITED PARTNERSHIP, a BY ADAMS OUTDOOR GP, LLC, v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, 930 F.3d 199 (3rd Cir. 2019)

. . . Rock Against Racism , 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (quoting Clark v. . . .

JUANCHENG KANGTAI CHEMICAL CO. LTD. NAC v. UNITED STATES,, 932 F.3d 1321 (Fed. Cir. 2019)

. . . United States , 791 F.3d 1312, 1314 (Fed. Cir. 2015) ; see 28 U.S.C. § 1581(a) - (j). . . . Carbon Activated , 791 F.3d at 1314 (internal quotation marks omitted). . . .

PHILLIPS, v. V. SPENCER,, 390 F. Supp. 3d 136 (D.D.C. 2019)

. . . Servs., Inc. , 791 F. Supp. 2d 33, 46 (D.D.C. 2011) (" Amtrak "). . . . Id. at 9 (quoting Amtrak , 791 F. Supp. 2d at 49). . . . Amtrak , 791 F. Supp. 2d at 50. Mr. . . . See Amtrak , 791 F. Supp. 2d at 51. c. . . . See 791 F. Supp. 2d at 46-51. . . .

FUSARO, v. R. COGAN, C. J. A. J. Jr., 930 F.3d 241 (4th Cir. 2019)

. . . Mayor & City Council of Balt. , 791 F.3d 500, 508 (4th Cir. 2015) (approving judicial notice of "matters . . .

UNITED STATES v. MONTALVO- FEBUS,, 930 F.3d 30 (1st Cir. 2019)

. . . Arroyo-Maldonado, 791 F.3d 193, 197 (1st Cir. 2015). . . .

PENNSYLVANIA v. PRESIDENT UNITED STATES D. C., 930 F.3d 543 (3rd Cir. 2019)

. . . Supp. 3d 791 (E.D. Pa. 2019). . . . Supp. 3d 791, 829 n.27 (E.D. . . .

RUSH, v. SAUL,, 389 F. Supp. 3d 957 (D.N.M. 2019)

. . . App'x 786, 791 (10th Cir. 2011) ("extensive cognitive and psychological testing" performed by an acceptable . . .

CORBITT, SDC, a v. VICKERS,, 929 F.3d 1304 (11th Cir. 2019)

. . . Cruz Cosme, 906 F.2d 791, 795 (1st Cir. 1990) (in a similar factual situation, holding: "[a] police officer's . . . noted that its decision there was not inconsistent with its earlier decision in Landol-Rivera, 906 F.2d 791 . . .

BAATZ, v. COLUMBIA GAS TRANSMISSION, LLC,, 929 F.3d 767 (6th Cir. 2019)

. . . Microsoft Corp. , 106 Ohio St.3d 278, 834 N.E.2d 791, 799 (2005) (citation and internal quotation marks . . .

UNITED STATES v. DANIELS,, 930 F.3d 393 (5th Cir. 2019)

. . . Scott , 892 F.3d 791, 797 (5th Cir. 2018) (quoting United States v. . . .

TOWNES TELECOMMUNICATIONS, INC. v. NATIONAL TELECOMMUNICATIONS COOPERATIVE ASSOCIATION,, 391 F. Supp. 3d 585 (E.D. Va. 2019)

. . . Dillingham Const., N.A., Inc. , 519 U.S. 316, 324, 117 S.Ct. 832, 136 L.Ed.2d 791 (1997). . . . Dillingham Const., N.A., Inc. , 519 U.S. 316, 324, 117 S.Ct. 832, 136 L.Ed.2d 791 (1997). . . .

WILLIAMSON, v. BREVARD COUNTY,, 928 F.3d 1296 (11th Cir. 2019)

. . . Id. at 791, 103 S.Ct. 3330. . . .

BEVAN ASSOCIATES, LP A, INC. W. M. v. YOST, H. M. L., 929 F.3d 366 (6th Cir. 2019)

. . . employer to take charge of any claim pending before the industrial commission," 114 Ohio Laws 789, 791 . . .

MERCK CO. INC. v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,, 385 F. Supp. 3d 81 (D.D.C. 2019)

. . . No. 87-781, § 131(a), 76 Stat. 791-92 (Oct. 10, 1962) (codified at 21 U.S.C. § 352(n) ). . . .

EVANS, v. SANDY CITY, a R. P. C. C. J. E. I- XX,, 928 F.3d 1171 (10th Cir. 2019)

. . . Rock Against Racism , 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (quoting Clark v. . . . Ward , 491 U.S. at 791, 109 S.Ct. 2746. . . . See Ward , 491 U.S. at 791, 109 S.Ct. 2746 ("A regulation that serves purposes unrelated to the content . . . Ward , 491 U.S. at 791, 109 S.Ct. 2746. . . .

BOARD OF TRUSTEES, SHEET METAL WORKERS NATIONAL PENSION FUND, v. FOUR- C- AIRE, INC., 929 F.3d 135 (4th Cir. 2019)

. . . Mayor & City Council of Balt. , 791 F.3d 500, 513 (4th Cir. 2015) (holding that the district court erred . . . Plumbing Servs. , Inc. , 791 F.3d 436, 440 (4th Cir. 2015) (internal quotation marks omitted); see also . . . Plumbing Servs., 791 F.3d at 445 (finding that the district court had jurisdiction under ERISA § 515 . . .

CALIFORNIA, v. HEALTH AND HUMAN SERVICES,, 390 F. Supp. 3d 1061 (N.D. Cal. 2019)

. . . Supp. 3d 791, 835 (E.D. Pa. 2019). . . .

GRAHAM, v. CITY OF MANASSAS SCHOOL BOARD, d b a v. d b a, 390 F. Supp. 3d 702 (E.D. Va. 2019)

. . . Carter, 292 Va. 618, 791 S.E.2d 730, 732 (2016) (quoting Cowan v. . . .

CLAIBORNE, v. BLAUSER, S., 928 F.3d 794 (9th Cir. 2019)

. . . Id. at 791 (quoting United States v. . . . Hoard, 904 F.3d at 791 (internal quotation marks and alterations omitted). . . .

UNITED STATES v. PORTER,, 928 F.3d 947 (10th Cir. 2019)

. . . Kalu , 791 F.3d 1194, 1206 (10th Cir. 2015) (quotations omitted); see United States v. . . . Kalu , 791 F.3d at 1206. . . . Kalu , 791 F.3d at 1206. . . .

RAULERSON, Jr. v. WARDEN,, 928 F.3d 987 (11th Cir. 2019)

. . . State , 268 Ga. 623, 491 S.E.2d 791, 795-96 (1997). . . .

CLAIBORNE, v. BLAUSER, S., 934 F.3d 885 (9th Cir. 2019)

. . . Id . at 791 (quoting United States v. . . . Hoard , 904 F.3d at 791 (internal quotation marks and alterations omitted). . . .

IN RE GRAVEL, In In, 601 B.R. 873 (Bankr. Vt. 2019)

. . . Supp. 2d 786, 791 (E.D. . . .

SECURITIES AND EXCHANGE COMMISSION, v. ARCTURUS CORPORATION L. L. C. J. R. Co. L. L. C. AMG L. L. C., 928 F.3d 400 (5th Cir. 2019)

. . . Youmans , 791 F.2d at 345. And for good reason. . . . Youmans , 791 F.2d at 346. General partners are, in short, "entrepreneurs, not investors." Id. . . . Youmans , 791 F.2d at 346 ("A party seeking to prove the contrary must bear a heavy burden of proof. . . . Youmans , 791 F.2d at 346. . . . Youmans , 791 F.2d at 347. . . .

MELENDEZ, v. K. MCALEENAN, U. S., 928 F.3d 425 (5th Cir. 2019)

. . . App'x 791, 795 (11th Cir. 2018). We agree with that court's careful parsing of Section 1254a(f). . . .

DEPARTMENT OF COMMERCE, v. NEW YORK,, 139 S. Ct. 2551 (U.S. 2019)

. . . Massachusetts , 505 U.S. 788, 790-791, 112 S.Ct. 2767, 120 L.Ed.2d 636 (1992). . . .

HALL, Jr. v. STATE, 275 So. 3d 1245 (Fla. App. Ct. 2019)

. . . No. 4D19-791 District Court of Appeal of Florida, Fourth District. . . .

FAIELLA, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION,, 928 F.3d 141 (1st Cir. 2019)

. . . JGI E., Inc., 154 N.H. 791, 917 A.2d 1250, 1253 (2007). . . .

J. K. J. M. J. J. v. POLK COUNTY L., 928 F.3d 576 (7th Cir. 2019)

. . . Tuttle , 471 U.S. 808, 822-23, 105 S.Ct. 2427, 85 L.Ed.2d 791 (1985) (plurality opinion)) ("[A] policy . . .

SELECTSUN GMBH, v. PORTER, INC. d b a, 928 F.3d 550 (7th Cir. 2019)

. . . Id . at 791. . . .

LEFEBURE v. BOEKER, D. D J. Co., 390 F. Supp. 3d 729 (M.D. La. 2019)

. . . Houston Post , 616 F.2d 791 (5th Cir. 1980). The DA is correct that the Fifth Circuit in Cook v. . . .

UNITED STATES v. GRIFFITH,, 928 F.3d 855 (10th Cir. 2019)

. . . Torres , 258 F.3d 791, 793 n.4 (8th Cir. 2001) (refusing to consider claim of newly discovered evidence . . .