Sentences with phrase «as precedential»

The Court of Review is an appellate court, and like other Article III appellate courts, it has the power to bind both lower courts (in this case, the FISC) and later Court of Review panels.22 The Court of Review probably has the same discretion as federal courts of appeals to designate opinions as precedential and non-precedential; at least, no statutory provision declares otherwise.23 The two public Court of Review opinions are published in redacted form in the Federal Reporter.24 As with the published case of the FISC sitting en banc, these published Court of Review cases are certainly precedential.25 We do not know the volume, if any, of secret non-precedential Court of Review opinions, or whether there are non-public Court of Review opinions that are nonetheless treated as precedential.

The rule also provides that in selecting a Council decision as precedential, the DAB Chair may consider decisions that address, resolve, or clarify recurring legal issues, rules or policies, or that may have broad application or impact, or involve issues of public interest.

Still, he offers suggestions to some of the other circuits for improving their Web sites, suggesting that the 10th Circuit retain opinions online longer than 90 days and to post them earlier in the day; that the 1st Circuit identify opinions as precedential or nonprecedential and that the 2nd Circuit improve its search capability for locating opinions.

Not exact matches

«We are very pleased that the Supreme Court denied defendants» petition, leaving firmly in place the Second Circuit's precedential rulings regarding the necessity of utilizing event studies to prove market efficiency as well as the burden of proof required to rebut the presumption of reliance, both of which were highly favorable to investors,» the shareholders» attorney Jeremy A. Lieberman of Pomerantz LLP told Law360 on Monday.

When this happens, the lower court decision is upheld but it has no precedential value, almost as if the court had never granted cert or heard the case.

While the decision doesn't have precedential value, it should help inform us in determining who qualifies as a professional trader.

The 2/5 found persuasive the line of reasoning that an «action» does not encompass a defense, as articulated in the Exxess and Gil given that Mountain Air was depublished and of no precedential value given its pendency for state supreme court review.

«However, as appellate interpretation of standard form contracts will have greater precedential value, this should eventually reduce litigation and limit future contractual disputes around the standard form clauses,» said Bombier.

There's a broader issue, which is of interest to anyone using caselaw databases for statistical / quantified analysis (as opposed to precedential value).

[52] Correspondingly, decisions where the production of these kinds of records have been denied will likely have little or no precedential value to the plaintiff here as the facts are bound to differ from those in the case at bar.

In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts.

While the opinion given by the Supreme Court of Canada is not considered to be of the same precedential value as the decisions involving regular litigants, governments do not usually ignore the Court's opinion.

We keep in mind your unique business needs, the precedential significance, public relations consequences, and potential costs in determining the best path for resolving the case as quickly and efficiently as the circumstances will allow.

Annoyed at what he seemed to regard as the senator's refusal to take a de facto yes answer, the judge committed himself ever more forcefully to what he thought to be the precedential value of Brown.

Interestingly, when applied to federal law, California Courts have held just the opposite: that «unpublished federal decisions can be cited as persuasive but not precedential authority.»

As well, the decision on a full record would likely have important precedential value.

However, in Mclean v British Columbia (Securities Commission), [9] the Court limited the precedential significance of Rogers Communications by effectively classifying it as exceptional case.

Where, like here, the matter involves the interpretation of a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful factual matrix specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to a correctness review.

While there do exist statutory laws, such as the Domestic Relations Laws, that govern the legal subject matter of the state's Family Courts, the vast majority of the controlling law in this area has been established through precedential rulings and judicial review.

Despite its mootness, the Province advances the argument that the Court of Appeal should consider the issues on appeal so as to address the precedential value of the Chambers Judge's order and since other taxpayers will likely pursue the same interim remedy.

This precedential decision doesn't cut the government quite as much slack.

[34] Google's argument that a refusal to grant a stay pending the hearing of the appeal, or what it refers to as «the enforcement of the order» pending the appeal, will itself have significant and negative precedential value.

The courts could retain discretion over whether to publish opinions not treated as binding on future judges.62 Therefore, every precedential opinion of the Court of Review and every FISC en banc opinion should be published in redacted form.

As we have demonstrated in this Part, the FISA courts currently generate at least some amount of formally binding precedent that they are under no legal obligation to publish.26 In Part II, we take up the task of determining whether the justifications for the doctrine of stare decisis support affording secret opinions of this type binding precedential force.

It is possible for publication of precedential materials to be achieved simply as a matter of discretion: the executive branch may release these opinions, 64 as may the authoring judge of any opinion.65 But the best option, because it limits the ability of judges and executive branch officials to make additional judgment calls about disclosure, is for Congress to demand publication of such opinions by amending FISA.

We hope that publication will induce FISA court judges to write precedential opinions with the same eye to public scrutiny that they apply in carrying out their other jobs as district and circuit court judges.

It's one of those cases that I don't think it's technically been overruled yet, but I think it's widely recognized as not having precedential value.

Where do you stand on the question of allowing citation to «unpublished» opinions; do you believe that federal appellate court panels should be able to designate some of their rulings as «non-precedential» upon issuance, or should the precedential value of an opinion be left to later panels to determine; and why?

Do you believe that federal appellate court panels should be able to designate some of their rulings as «non-precedential» upon issuance, or should the precedential value of an opinion be left to later panels to determine; and why?