The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 478
ELECTROLYSIS

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CHAPTER 478

ELECTROLYSIS

478.40 Short title.

478.41 Purpose and intent.

478.42 Definitions.

478.43 Board of Medicine; powers and duties.

478.44 Electrolysis Council; creation; function; powers and duties.

478.45 Requirements for licensure.

478.46 Temporary permits.

478.47 Licensure by endorsement.

478.48 Assumption of title and use of abbreviations.

478.49 License required.

478.50 Renewal of license; delinquent status; address notification; continuing education requirements.

478.51 Electrology facilities; requisites; facility licensure; inspection.

478.52 Disciplinary proceedings.

478.53 Penalty for violations.

478.54 Exemptions.

478.55 Fees; facility; disposition.

478.40 Short title.—This chapter may be cited as the “Electrolysis Practice Act.”

History.—s. 1, ch. 92-172.

478.41 Purpose and intent.—The purpose of this chapter is to provide for the licensure of persons who deliver electrolysis services and to ensure that they meet certain requirements. It is the finding of the Legislature that the practice of electrology by unskilled or incompetent persons presents a danger to the public health and safety. Because it is difficult for the public to make informed choices related to electrolysis services and since the consequences of wrong choices can harm the public health and safety, it is the intent of the Legislature to prohibit the delivery of electrolysis services by persons who do not possess the necessary skills or who otherwise present a danger to the public. However, restrictions may be imposed only to the extent necessary to protect the public and in a manner that will not unreasonably affect the competitive market for the delivery of such services.

History.—s. 2, ch. 92-172.

478.42 Definitions.—As used in this chapter, the term:

(1) “Board” means the Board of Medicine.

(2) “Council” means the Electrolysis Council.

(3) “Department” means the Department of Health.

(4) “Electrologist” means a person who engages in the practice of electrolysis.

(5) “Electrolysis or electrology” means the permanent removal of hair by destroying the hair-producing cells of the skin and vascular system, using equipment and devices approved by the board which have been cleared by and registered with the United States Food and Drug Administration and that are used pursuant to protocols approved by the board.

History.—s. 3, ch. 92-172; s. 168, ch. 94-218; s. 144, ch. 97-264; s. 143, ch. 99-397.

478.43 Board of Medicine; powers and duties.—

(1) The board, with the assistance of the Electrolysis Council, is authorized to establish minimum standards for the delivery of electrolysis services and to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.

(2) The board may administer oaths, summon witnesses, and take testimony in all matters relating to its duties under this chapter.

(3) The board may delegate such powers and duties to the council as it may deem proper.

(4) The board, in consultation with the council, shall recommend proposed rules, and the board shall adopt rules for a code of ethics for electrologists and rules related to the curriculum and approval of electrolysis training programs, sanitary guidelines, the delivery of electrolysis services, continuing education requirements, and any other area related to the practice of electrology.

History.—s. 4, ch. 92-172; s. 150, ch. 98-200.

478.44 Electrolysis Council; creation; function; powers and duties.—

(1) There is created the Electrolysis Council under the supervision of the board.

(2)(a) The council shall consist of five members, appointed by the board. Three members must be licensed electrologists who have been actively engaged in the delivery of electrolysis services in this state for at least 4 consecutive years prior to their appointment and who are not affiliated with an electrolysis school or manufacturer or supplier of electrolysis equipment or supplies. Two consumer members must be residents of this state who have never been licensed electrologists, have no financial interest in the practice of electrology, and are not affiliated with an electrolysis school or a manufacturer or supplier of electrolysis equipment or supplies.

(b) Initial council members who are licensed electrologists must be eligible for licensure at the time of their appointment. Electrologist members appointed after October 1, 1996, must have been licensed in this state for at least 3 years prior to their appointment.

(3) The term of office for each council member is 4 years. A member may not serve more than two consecutive terms. When a vacancy occurs on the council, any licensed electrologist may recommend one person to fill the vacancy, and any professional organization dealing with electrolysis, incorporated within the state as not for profit, which registers its interest with the board shall recommend at least twice as many persons to fill the vacancy as the number of vacancies to be filled, and the board, in its discretion, may appoint from the submitted names any of those persons so recommended. The board shall, when possible, appoint persons from different geographic areas.

(4)(a) The council shall annually elect from among its members a chair and vice chair.

(b) The council shall meet at least twice a year and shall hold such additional meetings as are considered necessary by the board. Three members of the council constitute a quorum.

(c) Unless otherwise provided by law, a council member shall be compensated $50 for each day the member attends an official meeting of the council or participates in official council business. A council member is also entitled to reimbursement for expenses pursuant to s. 112.061. Travel out of state requires the prior approval of the State Surgeon General.

History.—s. 5, ch. 92-172; s. 1, ch. 95-221; s. 406, ch. 97-103; s. 67, ch. 2000-158; s. 20, ch. 2000-305; s. 95, ch. 2008-6.

478.45 Requirements for licensure.—

(1) An applicant applying for licensure as an electrologist shall file a written application, accompanied by the application for licensure fee prescribed in s. 478.55, on a form provided by the board, showing to the satisfaction of the board that the applicant:

(a) Is at least 18 years old.

(b) Is of good moral character.

(d) Has not committed an act in any jurisdiction which would constitute grounds for disciplining an electrologist in this state.

(e) Has successfully completed the academic requirements of an electrolysis training program, not to exceed 120 hours, and the practical application thereof as approved by the board.

(2) Each applicant for licensure shall successfully pass a written examination developed by the department or a national examination that has been approved by the board. The examinations shall test the applicant’s knowledge relating to the practice of electrology, including the applicant’s professional skills and judgment in the use of electrolysis techniques and methods, and any other subjects which are useful to determine the applicant’s fitness to practice.

(3) The department, upon approval of the board, may adopt a national examination in lieu of any part of the examination required by this section. The board, with the assistance of the council, shall establish standards for acceptable performance.

(4) The department shall issue a license to practice electrology to any applicant who passes the examination, pays the licensure fee as set forth in s. 478.55, and otherwise meets the requirements of this chapter.

(5) The department shall conduct licensure examinations at least two times a year. The department shall give public notice of the time and place of each examination at least 60 days before it is administered and shall mail notice of such examination to each applicant whose application is timely filed, pursuant to board rule.

(6) The department may not issue a license to any applicant who is under investigation in another jurisdiction for an offense which would be a violation of this chapter, until such investigation is complete. Upon completion of such investigation, if the applicant is found guilty of such offense, the board shall apply the applicable provisions of s. 478.52.

History.—s. 6, ch. 92-172; s. 2, ch. 95-221; s. 145, ch. 97-264; s. 7, ch. 2014-20.

478.46 Temporary permits.—

(1) If the department determines that an applicant is qualified to be licensed under s. 478.47, the department may issue the applicant a temporary permit to practice electrolysis until the next board meeting at which license applications are to be considered, but not for a longer period of time. Only one temporary permit shall be issued to an applicant, and it shall not be renewable.

(2)(a) If the executive director of the board determines that an applicant is qualified for licensure by examination except for passage of the examination and has applied for the next scheduled examination, the executive director may issue the applicant a nonrenewable temporary permit to practice electrology under the supervision of a licensed electrologist until notification of the results of the examination.

(b) The temporary permit of a person who fails such examination is automatically revoked upon notification of the examination results, and the applicant shall cease the practice of electrology immediately upon receipt of such notice.

(c) An applicant with a temporary permit who passes such examination may continue to practice under such temporary permit until the next meeting of the board at which license applications are to be considered.

(3) As used in subsection (2), “supervision” means responsible control by a licensed electrologist who provides the initial direction in developing a treatment plan and also periodically inspects the permittee’s implementation of such plan, which plan may not be altered by the permittee without the prior consultation and approval of the supervisor. A supervisor shall be available to consult with and direct a permittee in an emergency, although the supervisor does not have to be on the premises while the permittee is delivering electrolysis services.

History.—s. 7, ch. 92-172; s. 146, ch. 97-264.

478.47 Licensure by endorsement.—The department shall issue a license by endorsement to any applicant who submits an application and the required fees as set forth in s. 478.55 and who holds an active license or other authority to practice electrology in a jurisdiction whose licensure requirements are determined by the board to be equivalent to the requirements for licensure in this state.

History.—s. 8, ch. 92-172; s. 147, ch. 97-264.

478.48 Assumption of title and use of abbreviations.—Only persons who are licensed under this chapter may use the title “Electrologist,” “Registered Electrologist,” or the abbreviation “RE.”

History.—s. 9, ch. 92-172.

478.49 License required.—

(1) No person may practice electrology or hold herself or himself out as an electrologist in this state unless the person has been issued a license by the department and holds an active license pursuant to the requirements of this chapter.

(2) A licensee shall display her or his license in a conspicuous location in her or his place of practice and provide it to the department or the board upon request.

History.—s. 10, ch. 92-172; s. 407, ch. 97-103.

478.50 Renewal of license; delinquent status; address notification; continuing education requirements.—

(1) The department shall provide, by rule, a method for biennial license renewal at fees set forth in s. 478.55.

(2) A license that is not renewed at the end of the biennium prescribed by the department automatically reverts to delinquent status. The board shall adopt rules establishing procedures, criteria, and fees as set forth in s. 478.55 for reactivation of an inactive license.

(3) A licensee shall file with the department the address of his or her primary place of practice within the state prior to engaging in practice and shall notify the department of any change in this address prior to the change.

(4)(a) An application for license renewal must be accompanied by proof of the successful completion of 20 hours of continuing education courses or proof of successfully passing a reexamination for licensure within the immediately preceding biennium which meets the criteria established by the board. Both the continuing education and reexamination shall contain education on blood-borne diseases.

(b) The board, with the assistance of the council, shall approve criteria for, and content of, electrolysis training programs and continuing education courses required for licensure and renewal as set forth in this chapter.

(c) Continuing education programs shall be approved by the board. Applications for approval shall be submitted to the board not less than 60 days nor more than 360 days before they are held.

History.—s. 11, ch. 92-172; s. 229, ch. 94-119; s. 408, ch. 97-103.

478.51 Electrology facilities; requisites; facility licensure; inspection.—

(1) No electrology facility shall be permitted to operate without a facility license issued by the department.

(2) The facility license shall be displayed in a conspicuous place within the facility and shall be made available upon request of the department or board.

(3) The board shall adopt rules governing the licensure and operations of such facilities, personnel, safety and sanitary requirements, and the licensure application and granting process.

(4) Any person, firm, or corporation desiring to operate an electrology facility in the state shall submit to the department an application and the necessary application fee as set forth in s. 478.55.

(5) Upon receiving the application, the department may cause an investigation to be made of the proposed electrology facility.

(6) When an applicant fails to meet all the requirements provided in this section, the department shall deny the application in writing and shall list the specific requirements not met. No applicant denied licensure because of failure to meet the requirements shall be precluded from reapplying for licensure.

(7) When the department determines that the proposed electrology facility has met the requirements set forth in this section, the department shall grant the license upon payment of the initial licensure fee.

(8) An initial inspection of a licensed facility shall be conducted within 60 days of initial licensure.

(9) A renewal inspection of a licensed facility shall be conducted not less than once per biennium or as deemed required by the department.

(10) No license for operation of an electrology facility may be transferred from the name of the original licensee to another. It may be transferred from one location to another only upon approval by the department, which approval shall not be unreasonably withheld.

(11) Renewal of license registration for electrology facilities shall be accomplished pursuant to rules adopted by the board.

History.—s. 12, ch. 92-172.

478.52 Disciplinary proceedings.—

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):

(a) Obtaining or attempting to obtain a license by bribery, fraud, or knowing misrepresentation.

(b) Having a license or other authority to deliver electrolysis services revoked, suspended, or otherwise acted against, including denial of licensure, in another jurisdiction.

(c) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime, in any jurisdiction, which directly relates to the practice of electrology.

(d) Willfully making or filing a false report or record, willfully failing to file a report or record required for electrologists, or willfully impeding or obstructing the filing of a report or record required by this act or inducing another person to do so.

(e) Circulating false, misleading, or deceptive advertising.

(f) Unprofessional conduct, including any departure from, or failure to conform to, acceptable standards related to the delivery of electrolysis services.

(g) Engaging or attempting to engage in the illegal possession, sale, or distribution of any illegal or controlled substance.

(h) Willfully failing to report any known violation of this chapter.

(i) Willfully or repeatedly violating a rule adopted under this chapter, or an order of the board or department previously entered in a disciplinary hearing.

(j) Engaging in the delivery of electrolysis services without an active license.

(k) Employing an unlicensed person to practice electrology.

(l) Failing to perform any statutory or legal obligation placed upon an electrologist.

(m) Accepting and performing professional responsibilities which the licensee knows, or has reason to know, she or he is not competent to perform.

(n) Delegating professional responsibilities to a person the licensee knows, or has reason to know, is unqualified by training, experience, or licensure to perform.

(o) Gross or repeated malpractice or the inability to practice electrology with reasonable skill and safety.

(p) Judicially determined mental incompetency.

(q) Practicing or attempting to practice electrology under a name other than her or his own.

(r) Being unable to practice electrology with reasonable skill and safety because of a mental or physical condition or illness, or the use of alcohol, controlled substances, or any other substance which impairs one’s ability to practice.

1. The department may, upon probable cause, compel a licensee to submit to a mental or physical examination by physicians designated by the department. The cost of an examination shall be borne by the licensee, and her or his failure to submit to such an examination constitutes an admission of the allegations against her or him, consequent upon which a default and a final order may be entered without the taking of testimony or presentation of evidence, unless the failure was due to circumstances beyond her or his control.

2. A licensee who is disciplined under this paragraph shall, at reasonable intervals, be afforded an opportunity to demonstrate that she or he can resume the practice of electrology with reasonable skill and safety.

3. In any proceeding under this paragraph, the record of proceedings or the orders entered by the board may not be used against a licensee in any other proceeding.

(s) Disclosing the identity of or information about a patient without written permission, except for information which does not identify a patient and which is used for training purposes in an approved electrolysis training program.

(t) Practicing or attempting to practice any permanent hair removal except as described in s. 478.42(5).

(u) Operating any electrolysis facility unless it has been duly licensed as provided in this chapter.

(v) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.

(2) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1).

(3) The board may not issue or reinstate a license to a person it has deemed unqualified until it is satisfied that such person has complied with the terms and conditions of the final order and that the licensee can safely practice electrology.

(4) The board, with the assistance of the council, may, by rule, establish guidelines for the disposition of disciplinary cases involving specific types of violations. The guidelines may include minimum and maximum fines, periods of supervision on probation, or conditions upon probation or reissuance of a license.

History.—s. 13, ch. 92-172; s. 409, ch. 97-103; s. 148, ch. 97-264; s. 44, ch. 2001-277; s. 20, ch. 2005-240.

478.53 Penalty for violations.—It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, to:

(1) Practice or attempt to practice electrology or hold oneself out to be an electrologist without holding an active license.

(2) Practice or attempt to practice electrology under a name other than one’s own.

(3) Use or attempt to use a revoked or suspended license or the license of another.

(4) Obtain or attempt to obtain a license by bribery, fraud, or knowing misrepresentation.

(5) Employ an unlicensed person to practice electrology.

(6) Practice or attempt to practice any permanent hair removal except as described in s. 478.42(5).

History.—s. 14, ch. 92-172.

478.54 Exemptions.—This chapter does not apply to the delivery of electrolysis services by:

(1) A physician licensed under chapter 458 or an osteopathic physician licensed under chapter 459; or

(2) A student delivering electrolysis services to another in an approved electrolysis training program.

History.—s. 15, ch. 92-172.

478.55 Fees; facility; disposition.—

(1) The board shall establish by rule the collection of fees for the following purposes:

(a) License application fee: a fee not to exceed $100.

(b) Examination fee: a fee not to exceed $300.

(d) Renewal fee: a fee not to exceed $100 biennially.

(e) Reactivation fee: a fee not to exceed $100.

(f) Inspection fee for facility: a fee not to exceed $100 biennially.

(2) In no case shall the department charge more than the actual cost incurred for the implementation of this chapter.

History.—s. 16, ch. 92-172.

F.S. 478 on Google Scholar

F.S. 478 on Casetext

Amendments to 478

Arrestable Offenses / Crimes under Fla. Stat. 478

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

S478.53 1 - FRAUD-IMPERSON - HOLD ONESELF TO BE AN ELECTROLOGIST - M: F

S478.53 1 - HEALTH-SAFETY - PRACTICE ELECTROLOGY WITHOUT ACTIVE LICENSE - M: F

S478.53 2 - FRAUD-IMPERSON - PRACTICE ELECTROLOGY UNDER OTHER NAME - M: F

S478.53 3 - FRAUD-IMPERSON - USE ELECTROLOGY LICENSE OF ANOTHER - M: F

S478.53 3 - HEALTH-SAFETY - USE REVOKED SUSPENDED LICENSE ELECTROLOGY - M: F

S478.53 4 - FRAUD - OBTAIN ELECTROLOGY LIC BY MISREPRESENTATION - M: F

S478.53 4 - BRIBERY - TO OBTAIN ELECTROLOGY LICENSE - M: F

S478.53 5 - HEALTH-SAFETY - EMPLOY UNLICENSED PERSON PRACTICE ELECTROLOGY - M: F

S478.53 6 - HEALTH-SAFETY - ILLEGAL PRACTICE PERMANENT HAIR REMOVAL - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. TRUMP, v. MAZARS USA, LLP, J. v. AG,, 140 S. Ct. 2019 (U.S. 2020)

. . . Synar , 478 U.S. 714, 721-722, 727, 106 S.Ct. 3181, 92 L.Ed.2d 583 (1986). . . .

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

. . . Id. , at 478, 104 S.Ct. 1161. . . .

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

. . . Coakley , 573 U.S. 464, 477-478, 134 S.Ct. 2518, 189 L.Ed.2d 502 (2014) ; but see ante, at 2359 (BREYER . . .

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

. . . In 2018, 94% of the scholarships awarded helped to pay religious-school tuition. 393 Mont. 446, 466, 478 . . .

SEILA LAW LLC, v. CONSUMER FINANCIAL PROTECTION BUREAU, 140 S. Ct. 2183 (U.S. 2020)

. . . Synar , 478 U.S. 714, 721, 106 S.Ct. 3181, 92 L.Ed.2d 583 (1986). . . . See Bowsher , 478 U.S., at 721, 106 S.Ct. 3181 (lawsuit filed by aggrieved third party in the absence . . . Bowsher , 478 U.S., at 727, n. 5, 106 S.Ct. 3181 (internal quotation marks omitted). . . . Bowsher , 478 U.S., at 726, 106 S.Ct. 3181 (internal quotation marks omitted). . . . power in 1789 "provides contemporaneous and weighty evidence of the Constitution's meaning," Bowsher , 478 . . . Bowsher , 478 U.S., at 730, 106 S.Ct. 3181. . . . See id ., No. 70, at 475-478. . . . of the chief magistrate himself.' " Id. , at 514, 130 S.Ct. 3138 (quoting The Federalist No. 70, p. 478 . . . Synar , 478 U.S. 714, 725, 106 S.Ct. 3181, 92 L.Ed.2d 583 (1986) ; see Morrison , 487 U.S., at 686, 108 . . . enact a provision merely "limit[ing] the President's powers of removal" through a for-cause provision. 478 . . .

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

. . . Diaz , 426 U.S. 67, 77, 96 S.Ct. 1883, 48 L.Ed.2d 478 (1976) ("There are literally millions of aliens . . .

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

. . . Hardwick , 478 U.S. 186, 106 S.Ct. 2841, 92 L.Ed.2d 140 (1986) ; Romer v. . . .

L. BAXTER v. BRACEY,, 140 S. Ct. 1862 (U.S. 2020)

. . . Economou , 438 U.S. 478, 504, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) ). . . . Reed , 500 U.S. 478, 489-492, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991). . . .

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)

. . . Synar , 478 U.S. 714, 726, 106 S.Ct. 3181, 92 L.Ed.2d 583 (1986), and INS v. . . .

NASRALLAH, v. P. BARR,, 140 S. Ct. 1683 (U.S. 2020)

. . . Elias-Zacarias , 502 U.S. 478, 481, n. 1, 483-484, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). . . .

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

. . . Hardwick , 478 U.S. 186, 106 S.Ct. 2841, 92 L.Ed.2d 140 (1986),] and should control here"). . . .

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

. . . Croson Co. , 488 U.S. 469, 478, n. 1, 109 S.Ct. 706, 102 L.Ed.2d 854 (1989) (holding that expiration . . . Id. , at 478-479, 110 S.Ct. 1249. . . .

THRYV, INC. v. CLICK- TO- CALL TECHNOLOGIES, LP,, 140 S. Ct. 1367 (U.S. 2020)

. . . Schor , 478 U.S. 833, 851, 106 S.Ct. 3245, 92 L.Ed.2d 675 (1986) ; see also Oil States , 584 U.S., at . . .

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

. . . Hardy , 478 U.S. 255, 261, 106 S.Ct. 2878, 92 L.Ed.2d 199 (1986) (per curiam ) (rejecting retroactivity . . . Hardy , 478 U.S. 255, 106 S.Ct. 2878, 92 L.Ed.2d 199 (1986) (per curiam ), this Court concluded-without . . .

SHULAR, v. UNITED STATES, 140 S. Ct. 779 (U.S. 2020)

. . . United States , 553 U.S. 124, 135, 128 S.Ct. 1572, 170 L.Ed.2d 478 (2008) ; Muscarello v. . . . Holder , 565 U.S. 478, 132 S.Ct. 1166, 182 L.Ed.2d 1 (2012), we applied a categorical approach to a statute . . .

SOWE, v. PALL CORPORATION, 140 S. Ct. 608 (U.S. 2019)

. . . PALL CORPORATION No. 19-478 Supreme Court of the United States. . . .

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

. . . Equant Inc. , 478 F.3d 640, 642 (4th Cir. 2007). III. . . .

UNITED STATES v. HERRING,, 935 F.3d 1102 (10th Cir. 2019)

. . . Flores-Ortega, 528 U.S. 470, 478-80, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000). . . . Id. at 478, 120 S.Ct. 1029. . . . Id. at 478, 120 S.Ct. 1029. . . .

IN RE J. BARIBEAU,, 603 B.R. 797 (Bankr. W.D. Tex. 2019)

. . . HydroChem, Inc. , 367 F.3d 473, 478-79 (5th Cir. 2004) (citations and internal quotations omitted). . . .

UNITED STATES v. CUEVAS- LOPEZ,, 934 F.3d 1056 (9th Cir. 2019)

. . . United States , 553 U.S. 124, 130, 128 S.Ct. 1572, 170 L.Ed.2d 478 (2008) ("As a rule, [a] definition . . .

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

. . . Reed, 500 U.S. 478, 486, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991), wherein they examine the "nature of . . .

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

. . . Sepulveda , 916 S.W.2d 478, 482 (Tex. 1995) (holding that a doctor owed no duty to a woman's husband . . .

IN RE SWEARINGEN,, 935 F.3d 415 (5th Cir. 2019)

. . . Swearingen , 478 S.W.3d 716 (Tex. Crim. . . . *6-10 (recounting state and federal post-conviction litigation history through 2009); Swearingen , 478 . . .

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

. . . Microdyne Corp ., 26 F.3d 471, 478 (4th Cir. 1994) (recognizing that although courts have often treated . . .

MEJIA- RAMOS, v. P. BARR,, 934 F.3d 789 (8th Cir. 2019)

. . . Gonzales, 478 F.3d 859, 863 (8th Cir. 2007). . . .

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

. . . New Investor World, Inc. , 478 F.3d 783, 789 (7th Cir. 2007) ; Hershon v. . . . Balaam , 953 S.W.2d 478, 482-83 (Tex. App.-Fort Worth 1997, no pet.) . . .

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

. . . Lopez , 907 F.3d 472, 478 (7th Cir. 2018), quoting Terry v. . . .

J. YOCHIM, v. S. CARSON, Sr. U. S., 935 F.3d 586 (7th Cir. 2019)

. . . Plans, Inc. , 772 F.3d 478, 493 (7th Cir. 2014) (quoting Majors v. Gen. Elec. . . .

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

. . . Gonzales , 478 F.3d 972, 978 (9th Cir. 2007), abrogated on other grounds by Anaya-Ortiz v. . . .

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

. . . Id. at 897, 104 S.Ct. 1541. 478 U.S. 546, 563-64, 106 S.Ct. 3088, 92 L.Ed.2d 439 (1986). . . . Blum, 465 U.S. at 898, 104 S.Ct. 1541 ; see also Delaware Valley, 478 U.S. at 564-65, 106 S.Ct. 3088. . . . See Blum, 465 U.S. at 898-99, 900, 104 S.Ct. 1541 ; see also Delaware Valley, 478 U.S. at 564-65, 566 . . . Id. at 553, 130 S.Ct. 1662 (citing Delaware Valley , 478 U.S. at 566, 106 S.Ct. 3088 ). Id. . . . Id. at 553, 130 S.Ct. 1662 ; Delaware Valley , 478 U.S. at 565, 106 S.Ct. 3088 ; Blum , 465 U.S. at 898 . . .

ARCHER AND WHITE SALES, INCORPORATED, v. HENRY SCHEIN, INCORPORATED L. L. C. L. L. C., 935 F.3d 274 (5th Cir. 2019)

. . . Of Trustees of Leland Stanford Junior Univ. , 489 U.S. 468, 478, 109 S.Ct. 1248, 103 L.Ed.2d 488 (1989 . . .

M. RODEN, v. COMMISSIONER OF SOCIAL SECURITY,, 389 F. Supp. 3d 548 (S.D. Ohio 2019)

. . . Sec., 478 F.3d 742, 745-46 (6th Cir. 2007). . . . Bowen , 478 F.3d at 746. B. . . .

HILLOCKS, v. ATTORNEY GENERAL UNITED STATES, 934 F.3d 332 (3rd Cir. 2019)

. . . Holder , 565 U.S. 478, 483, 132 S.Ct. 1166, 182 L.Ed.2d 1 (2012) ). Id. (quoting Moncrieffe v. . . .

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

. . . Brown , 478 F.3d 634, 638 (4th Cir. 2007). . . .

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

. . . Official Comm. of Unsecured Creditors (In re Iridium Operating LLC) , 478 F.3d 452, 462 (2d Cir. 2007 . . .

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

. . . See Motion at 11-12; see also ECF Nos. 425, 444, 468, 478, 481. . . .

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

. . . Thompson , 478 U.S. 804, 810, 106 S.Ct. 3229, 92 L.Ed.2d 650 (1986) (quoting Romero v. . . .

FREEDOM FROM RELIGION FOUNDATION, INC. v. COUNTY OF LEHIGH,, 933 F.3d 275 (3rd Cir. 2019)

. . . See New Kensington , 832 F.3d at 478. . . .

BRENDA L. v. SAUL,, 392 F. Supp. 3d 858 (N.D. Ill. 2019)

. . . Berryhill , 923 F.3d 472, 478 (7th Cir. 2019). . . . Berryhill , 923 F.3d at 478. . . .

CHAVEZ, De E. De De De v. OCCIDENTAL CHEMICAL CORPORATION, a, 933 F.3d 186 (2nd Cir. 2019)

. . . Tomanio , 446 U.S. 478, 487, 100 S.Ct. 1790, 64 L.Ed.2d 440 (1980) (statutes of limitations "have long . . .

KORTRIGHT CAPITAL PARTNERS LP, TY v. INVESTCORP INVESTMENT ADVISERS LIMITED,, 392 F. Supp. 3d 382 (S.D.N.Y. 2019)

. . . (Trial Tr. at 474-75, 478 (Munsell).) . . .

BERGAMATTO, v. BOARD OF TRUSTEES OF THE NYSA ILA PENSION FUND, 933 F.3d 257 (3rd Cir. 2019)

. . . Humble Surgical Hosp., L.L.C. , 878 F.3d 478, 486 (5th Cir. 2017) (observing that "[t]he Fifth Circuit . . .

UNITED STATES v. DANIELS,, 932 F.3d 1120 (8th Cir. 2019)

. . . Arizona, 384 U.S. 436, 478, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) ) (" 'Volunteered statements of any . . .

BENAVIDEZ v. HOWARD,, 931 F.3d 1225 (10th Cir. 2019)

. . . Economou , 438 U.S. 478, 506, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978). . . . Reed , 500 U.S. 478, 493, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991) (citation omitted). . . .

LONGORIA, v. HUNTER EXPRESS, LIMITED, 932 F.3d 360 (5th Cir. 2019)

. . . Supp. 476, 478-82 (E.D. La. 1968), cited in Gorsalitz v. Olin Mathieson Chem. . . . Supp. at 478-79 (citing 6A MOORE'S FED. PRAC. , at 3743-44 (2d ed. 1966)). . . .

HENDRICKSON USA, LLC. v. NATIONAL LABOR RELATIONS BOARD,, 932 F.3d 465 (6th Cir. 2019)

. . . NLRB , 297 F.3d 468, 476, 478 (6th Cir. 2002) (citing 29 U.S.C. § 160(e) ). . . .

D. LISLE, Jr. v. WELBORN,, 933 F.3d 705 (7th Cir. 2019)

. . . Louisiana , 552 U.S. 472, 478, 128 S.Ct. 1203, 170 L.Ed.2d 175 (2008) ; Edmonson v. . . . Ct. at 1747, quoting Snyder , 552 U.S. at 478, 128 S.Ct. 1203. . . . Snyder , 478 F.3d 827, 831 (7th Cir. 2007), quoting Snipes v. . . . Snyder , 478 F.3d 827, 831 (7th Cir. 2007) (reversing dismissal; prisoner's receipt of some medical care . . .

UNITED STATES v. MATHIS, a k a a k a a k a D- v. a k a a k a v. a k a a k a a k a v. a k a a k a K. a k a a k a v. a k a a k a a k a v. a k a a k a a k a a k a, 932 F.3d 242 (4th Cir. 2019)

. . . United States , 273 U.S. 583, 586, 47 S.Ct. 478, 71 L.Ed. 787 (1927) )). . . .

DALTON, v. NPC INTERNATIONAL, INC., 932 F.3d 693 (8th Cir. 2019)

. . . Hunt , 455 U.S. 478, 481, 102 S.Ct. 1181, 71 L.Ed.2d 353 (1982) (per curiam). . . .

ATLAS BREW WORKS, LLC, v. P. BARR,, 391 F. Supp. 3d 6 (D.D.C. 2019)

. . . Hunt, 455 U.S. 478, 481, 102 S.Ct. 1181, 71 L.Ed.2d 353 (1982) (per curiam)). . . .

UNITED STATES v. FABIAN- BALTAZAR,, 931 F.3d 1216 (9th Cir. 2019)

. . . App'x 477, 478 (9th Cir. 2017). . . . Flores-Ortega , 528 U.S. at 478, 120 S.Ct. 1029 (internal citation omitted). . . . assuming without deciding that the petitioner's claim is true."); see also Flores-Ortega , 528 U.S. at 478 . . .

OWENS, v. PARRIS,, 932 F.3d 456 (6th Cir. 2019)

. . . surrounding our Nation's founding." 548 U.S. at 220, 126 S.Ct. 2546 (quoting Apprendi , 530 U.S. at 478 . . .

YEARWOOD, v. BARR,, 391 F. Supp. 3d 255 (S.D.N.Y. 2019)

. . . Williams, 475 F.3d 468, 478-79 (2d Cir. 2007) (citation omitted and emphasis added). . . .

CRYSTALLEX INTERNATIONAL CORPORATION v. BOLIVARIAN REPUBLIC OF VENEZUELA De S. A. D. C. In De S. A., 932 F.3d 126 (3rd Cir. 2019)

. . . Republic of Argentina , 473 F.3d 463, 478 (2d Cir. 2007) ; Flatow v. . . .

DAVIS, v. GUAM M. C. F. P. F. I. M., 932 F.3d 822 (9th Cir. 2019)

. . . State of Tex. , 347 U.S. 475, 478, 74 S.Ct. 667, 98 L.Ed. 866 (1954) ("Throughout our history differences . . .

MCCOTTRELL S. v. WHITE, 933 F.3d 651 (7th Cir. 2019)

. . . See also Lewis , 581 F.3d at 478 (in light of the absence of any agitation or threat from an inmate, . . . See also Lewis , 581 F.3d at 478 (although it is not difficult to imagine any number of scenarios that . . .

WOODSTOCK VENTURES LC LLC, v. WOODSTOCK ROOTS, LLC, LLC d b a LLC, LLC, CHET- LP,, 387 F. Supp. 3d 306 (S.D.N.Y. 2019)

. . . Cott Corp., 73 F.3d 474, 478 (2d Cir. 1996) ). . . . Dockside Research, Inc., 478 F. Supp. 602, 609 (S.D.N.Y. 1979)) ; see also Majorica, S.A. v. R.H. . . .

DILLON BOILER SERVICES, CO. INC. v. SOUNDVIEW VERMONT HOLDINGS, LLC,, 392 F. Supp. 3d 187 (D. Mass. 2019)

. . . Punchh, Inc. , 478 Mass. 324, 330, 85 N.E.3d 50 (2017). . . .

GORSS MOTELS, INC. a a E G, a a v. SAFEMARK SYSTEMS, LP,, 931 F.3d 1094 (11th Cir. 2019)

. . . Schor , 478 U.S. 833, 851, 106 S.Ct. 3245, 92 L.Ed.2d 675 (1986) (highlighting the constitutional significance . . .

IN RE HOME DEPOT INC. O v. U. S. A., 931 F.3d 1065 (11th Cir. 2019)

. . . Boeing , 444 U.S. at 478, 100 S.Ct. 745. . . . Delaware Valley Citizens' Council for Clean Air , 478 U.S. 546, 566, 106 S.Ct. 3088, 92 L.Ed.2d 439 ( . . . Boeing , 444 U.S. at 478, 100 S.Ct. 745 ("[T]his Court has recognized consistently that a litigant or . . . Van Gemert , 444 U.S. 472, 478, 100 S.Ct. 745, 62 L.Ed.2d 676 (1980) ("The common-fund doctrine ... stands . . .

P. J. BY THROUGH MR. MRS. W. J. L. G. MR. MRS. L. G. M. L. MR. MRS. J. L. Mr. v. CONNECTICUT STATE BOARD OF EDUCATION, 931 F.3d 156 (2nd Cir. 2019)

. . . Delaware Valley , 478 U.S. at 559, 106 S.Ct. 3088. . . . See 478 U.S. at 558-59, 106 S.Ct. 3088. . . . Quaratino , 166 F.3d at 425 (quoting Delaware Valley , 478 U.S. at 565, 106 S.Ct. 3088 ). . . . See Delaware Valley , 478 U.S. at 561, 106 S.Ct. 3088 (internal quotation marks omitted). . . . See Delaware Valley , 478 U.S. at 561, 106 S.Ct. 3088 (internal quotation marks omitted). . . .

PETERSON, v. HEYMES,, 931 F.3d 546 (6th Cir. 2019)

. . . Pritchard , 235 Mich.App. 478, 597 N.W.2d 853, 855-56 (1999). . . .

STATE BY AND THROUGH TENNESSEE GENERAL ASSEMBLY, v. UNITED STATES DEPARTMENT OF STATE,, 931 F.3d 499 (6th Cir. 2019)

. . . Allman , 167 Tenn. 240, 68 S.W.2d 478, 479 (1934) ("It is, of course, well settled that statutes forming . . .

HEUTON v. FORD MOTOR COMPANY, 930 F.3d 1015 (8th Cir. 2019)

. . . Gateway Taxi Management Co., 400 S.W.3d 478 (Mo. Ct. . . .

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

. . . Redrick , 841 F.3d 478, 480 (D.C. Cir. 2016) (same). . . .

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

. . . Allain , 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986) ). IV. . . .

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

. . . [Doc. 478, Order mooting the original joint motion]. . . .

SMITH, v. GENERAL SERVICES ADMINISTRATION,, 930 F.3d 1359 (Fed. Cir. 2019)

. . . NLRB , 340 U.S. 474, 478, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951). . . .

ASSOCIATION FOR COMMUNITY AFFILIATED PLANS, v. UNITED STATES DEPARTMENT OF TREASURY,, 392 F. Supp. 3d 22 (D.D.C. 2019)

. . . Norton, 330 F.3d 478, 481 (D.C. Cir. 2003) (quoting Chevron, 467 U.S. at 843, 104 S.Ct. 2778 ). . . .

IN RE ZILBERBRAND, F. v., 602 B.R. 53 (Bankr. N.D. Ill. 2019)

. . . Eckert (In re Eckert) , 375 B.R. 474, 478-79 (Bankr. N.D. . . .

FLORES, v. P. BARR,, 930 F.3d 1082 (9th Cir. 2019)

. . . Gonzales , 478 F.3d 972, 980 (9th Cir. 2007) ); see also Garcia v. . . .

TAYLOR, v. GRUBBS v. LT. SCDC SCDC DOE, DOE, AI v. SCDC LT MR C, 930 F.3d 611 (4th Cir. 2019)

. . . Hargrove , 478 F.3d 195, 204 (4th Cir. 2007). . . .

PEABODY TWENTYMILE MINING, LLC, v. SECRETARY OF LABOR,, 931 F.3d 992 (10th Cir. 2019)

. . . Thompson, 478 U.S. 804, 808, 106 S.Ct. 3229, 92 L.Ed.2d 650, (1986) ("There is no single, precise definition . . .

MOLINA, v. PENNSYLVANIA SOCIAL SERVICE UNION,, 392 F. Supp. 3d 469 (M.D. Pa. 2019)

. . . Hunt, 455 U.S. 478, 481, 102 S.Ct. 1181, 71 L.Ed.2d 353 (1982) ). . . .

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

. . . Dist. of Columbia , 478 F.3d 370, 377 (D.C. Cir. 2007), aff'd sub nom., Dist. of Columbia v. . . .

NAVAJO NATION, a a k a v. SAN JUAN COUNTY, a, 929 F.3d 1270 (10th Cir. 2019)

. . . Midland Cty. , 390 U.S. 474, 478, 88 S.Ct. 1114, 20 L.Ed.2d 45 (1968) (explaining that right to vote . . . Avery , 390 U.S. at 478, 88 S.Ct. 1114. . . . Gingles , 478 U.S. 30, 43-44, 46, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986). . . .

R. BRADLEY, v. VILLAGE OF UNIVERSITY PARK, ILLINOIS,, 929 F.3d 875 (7th Cir. 2019)

. . . City of Cincinnati , 475 U.S. 469, 478, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986), " Monell is a case about . . . Kennedy , 794 F.2d 478, 482 (9th Cir. 1986) (reversing Parratt dismissal where plaintiffs alleged Monell . . .

M. RETFALVI, v. UNITED STATES, 930 F.3d 600 (4th Cir. 2019)

. . . Allain , 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986). II. . . .

VUGO, INC. v. CITY OF NEW YORK,, 931 F.3d 42 (2nd Cir. 2019)

. . . Tourism Co. of Puerto Rico , 478 U.S. 328, 341, 106 S.Ct. 2968, 92 L.Ed.2d 266 (1986) ) (alterations . . . Id. at 478, 109 S.Ct. 3028 ; see also Clear Channel , 594 F.3d at 104. . . . Fox , 492 U.S. at 478, 109 S.Ct. 3028 ; see also id. at 481, 109 S.Ct. 3028 ("[W]e ... provide the Legislative . . .

VENCKIENE, v. UNITED STATES, 929 F.3d 843 (7th Cir. 2019)

. . . See Ordinola , 478 F.3d at 600. . . . Ordinola , 478 F.3d at 599. . . . Ordinola , 478 F.3d at 599 (internal citation and quotation omitted). . . . Ordinola , 478 F.3d at 600. . . . Ordinola , 478 F.3d at 600. . . .

UNITED STATES v. MILLS,, 389 F. Supp. 3d 528 (E.D. Mich. 2019)

. . . Gray, 543 F.2d 466, 478 n.60 (3d Cir. 1976) (citing Act of July 16, 1862, ch. 189, § 2, 12 Stat. 588) . . . summoned must be smaller than the judicial district created by Congress."); Zicarelli, 543 F.2d at 477-478 . . .

GREEN, v. KENNEWAY,, 390 F. Supp. 3d 275 (D. Mass. 2019)

. . . Green , 478 Mass. 1104, 94 N.E.3d 851 (Mass. 2017). 2. This Federal Habeas Corpus Petition Mr. . . . Here, because the SJC denied appellate review, Green , 478 Mass. 1104, 94 N.E.3d 851, I look to the reasoning . . . Aug. 4, 2017) (unpublished Memorandum and Order), review denied 478 Mass. 1104, 94 N.E.3d 851 (2017), . . .

F. MAY, v. SEGOVIA,, 929 F.3d 1223 (10th Cir. 2019)

. . . Diaz , 426 U.S. 67, 96 S.Ct. 1883, 48 L.Ed.2d 478 (1976), to support this proposition. . . .

STARR INDEMNITY LIABILITY COMPANY, v. BRIGHTSTAR CORP., 388 F. Supp. 3d 304 (S.D.N.Y. 2019)

. . . Brody, 124 Misc. 2d 805, 478 N.Y.S.2d 532 (N.Y. Cty. Civ. . . . Id. at 808, 478 N.Y.S.2d 532. A similar ruling was made in Salamone v. Riczker, 32 Mass. App. . . .

IN RE TS EMPLOYMENT, INC. S. TS v. LLP, 603 B.R. 700 (Bankr. S.D.N.Y. 2019)

. . . Aviation Holdings, Inc. , 478 B.R. 142, 148 (Bankr. . . .

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

. . . Cornish , 5 Ohio 477, 478 (1832). . . .

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

. . . Uvalle-Patricio , 478 F.3d 699, 701 (5th Cir. 2007) ). United States v. . . .

IN RE PLATINUM- BEECHWOOD LITIGATION L. v. Re v. Re, 389 F. Supp. 3d 270 (S.D.N.Y. 2019)

. . . Third-Party Complaint of Bankers Conseco Life Insurance Company and Washington National Insurance Company ¶¶ 478 . . .

IN RE HARMS, v., 603 B.R. 19 (B.A.P. 9th Cir. 2019)

. . . Hardrives, Inc. , 158 F.3d 478, 483 (9th Cir. 1998) (citing United States v. . . .

UNITED STATES v. BRIONES, Jr., 929 F.3d 1057 (9th Cir. 2019)

. . . Id . at 478, 132 S.Ct. 2455 ; see also id . at 471, 132 S.Ct. 2455 ("[A] child's character is not as . . . Id . at 478, 132 S.Ct. 2455. . . . See, e.g. , id. at 478-80, 132 S.Ct. 2455 (explaining that "a sentencer should look at such facts," " . . .

CRUZ v. P. BARR, U. S., 929 F.3d 304 (5th Cir. 2019)

. . . Elias-Zacarias , 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). 8 U.S.C. § 1101(a)(42) ; see . . .

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

. . . Thompson , 478 U.S. 804, 808, 106 S.Ct. 3229, 92 L.Ed.2d 650 (1986). . . . Thompson , 478 U.S. 804, 106 S.Ct. 3229, 92 L.Ed.2d 650 (1986). . . .

ARIAS LEIVA, v. WARDEN,, 928 F.3d 1281 (11th Cir. 2019)

. . . Ferrandina , 478 F.2d 894, 900 (2d Cir. 1973) (Friendly, J.) . . .

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

. . . even targeted, written solicitation by an attorney is protected by the First Amendment. 486 U.S. at 478 . . .

UNITED STATES v. BOLEYN v. v. v. v., 929 F.3d 932 (8th Cir. 2019)

. . . United States, 553 U.S. 124, 129, 128 S.Ct. 1572, 170 L.Ed.2d 478 (2008). . . .

ROSARIO, v. UNITED STATES,, 389 F. Supp. 3d 122 (D. Mass. 2019)

. . . Misla-Aldarondo , 478 F.3d 52, 65 n. 8 (1st Cir. 2007) (discussing this distinction); United States v . . . Carrier , 477 U.S. 478, 496, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986) ); see also supra note 13. . . .

KHAN, v. UNITED STATES, 928 F.3d 1264 (11th Cir. 2019)

. . . Flores-Ortega , 528 U.S. 470, 478, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000) (rejecting the First and Ninth . . .

UNITED STATES v. B. LEDBETTER A. A. L., 929 F.3d 338 (6th Cir. 2019)

. . . Tate , 336 F.3d 478, 485 (6th Cir. 2003). . . .

MBI ENERGY SERVICES, v. HOCH, a LLC, a, 929 F.3d 506 (8th Cir. 2019)

. . . Co. , 598 F.3d 478 (8th Cir. 2010) ; Ringwald v. Prudential Ins. . . .

JOHNSON, v. A. LEONARD, M. DDS,, 929 F.3d 569 (8th Cir. 2019)

. . . Minnesota Dep't of Corrs. , 512 F.3d 478, 481 (8th Cir. 2008). . . .