OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending completion of Internal Revenue Service audit 199 Response to Cross-Complainant Harry T. O'Hagin's Motion to Vacate Scheduling Order and Stay Action
Holding that where Montana state law deemed governmental entity to be an indispensable party in any negligence action brought against its employee, the federal court had no supplemental jurisdiction over the state law claim if it had no jurisdiction over the indispensable party
Holding that, although it "is an exception to the general rule that mixed questions of law and fact are reviewed de novo,' issues of proximate cause are reviewed under the clearly (erroneous standard)
In § 7434, Congress reinforced "willfully" with "fraudulent," which "is a paradigmatic example of a statutory term that incorporates the common-law meaning of fraud."