(16) Thompson's case, however, was dismissed without reaching the merits of her claim because of another FTCA provision, the "Foreign Country Exception." (17) The Exception bars any claim brought under the FTCA "arising in a foreign country." (18) Relying on a bright-line rule
adopted by the Supreme Court in 2004, (19) the court in Thompson determined that because the injury occurred in Burkina Faso, the government had not waived its sovereign immunity to such a claim, and it was therefore barred.
Finally, the court noted that it was not establishing a rule forbidding Wisconsin judges from using social media, and was instead limiting its holding to the facts of the case before it: "(W)e also need not determine whether a bright-line rule
prohibiting judicial use of ESM is necessary or appropriate.
(4) What resulted was a bright-line rule
that guided courts in deciding cases under the third-party doctrine: an individual has no reasonable expectation of privacy under the Fourth Amendment in information that is voluntarily conveyed to a third party.
It is a bright-line rule
which cannot be brushed aside by an invocation of the transcendental importance or constitutional dimension of the issue or cause raised."
Although we need not determine whether a bright-line rule
prohibiting the judicial use of ESM is appropriate or necessary, we conclude that the circuit court's undisclosed ESM connection with a current litigant in this case created a great risk of actual bias, resulting in the appearance of partiality.
"The Referee's analysis, in its entirety, consisted of invoking a bright-line rule
i.e., that a finding of misconduct cannot be based solely on hearsay evidence.
We do not believe Stokes-Craven eliminated the discovery rule in favor of a separate bright-line rule
that all legal malpractice claims accrue on the date an adverse judgment is entered against the client.
Here, I would like to take a minor detour to make a few observations about bright-line rules
and the concept of "workability." A bright-line rule
by definition is clearly delimited and composed of objective criteria; it is easy to understand and apply and produces consistent results.
The court found no bright-line rule
, saying "[I]t is difficult to state a precise rule about what property can be separately assessed because of the multitude of possible circumstances and the hundreds of Tax Code provisions that may govern them.
Simon said the decision provides a "bright-line rule
" for bankruptcy practitioners to tuck into their trial binders: no contract exception unless the case is literally one spouse suing the other.<br />He added that it is difficult to predict whether the Supreme Judicial Court would adopt the same bright-line rule
if faced with similar facts.
320 (2014), the test to determine whether an individual is guilty of driving a motor vehicle while intoxicated has evolved into a bright-line rule
. Regardless of intent, if an intoxicated person is in the driver's seat of a vehicle and the key is in the ignition, that person is deemed to be in actual physical control of the vehicle and therefore is operating a motor vehicle in violation of 18.2-266.<br />Here, Reid was intoxicated and in actual physical control of her vehicle.
"[A] bright-line rule
based solely on the time spent with the child is arbitrary and easily circumvented.