Sentences with phrase «clearly erroneous»

North40RE Realty, LLC v. Bishop (2 A.D. 3d 1184)- City Court's dismissal of broker's complaint reversed on appeal to County Court affirmed by Appellate Division; reversal is appropriate where there has been a deviation from substantive law which renders the determination clearly erroneous; broker entitled to commission under clear and unambiguous terms of exclusive buyer broker agreement; buyer refused to allow broker any involvement in the purchase negotiations because seller refused to deal with brokers

The D.C. Circuit affirmed this finding as it was not clearly erroneous.

«The trial court's findings regarding parental alienation syndrome are not clearly erroneous.

This is clearly erroneous conduct since the manner with which one leaves his / her company may affect his / her qualification for the next job which he / she would be applying for in another company.

When Senator Wyden asked the National Intelligence Director a simple question, Director James Clapper provided a clearly erroneous answer — as we now know only due to the Snowden leaks.

A trial court's findings of fact on disputed issues of fact will not be disturbed unless clearly erroneous (aka the «any evidence» standard of review)

In response, the Office of Lawyer Regulation (OLR) contended that the referee's ruling was not clearly erroneous and was proper under the law.

The Seventh Circuit said that the arbitrator's findings of fact may be set aside only if clearly erroneous, while the arbitrator's legal conclusions are subject to de novo review.

should a judge who believes that the common law is found rather than made ever be willing to follow a line of doctrine he believes to be clearly erroneous?

Even in cases where one or more findings is clearly erroneous, the appeals court can affirm if the judgment is supported by other findings or evidence on record.

Ultimately, though, the court held that the trial court's finding of significant distance between the children and their father, and the fact that there had been a substantial change in custody, was in the children's best interests and not clearly erroneous.

«We accept the court's factual findings unless clearly erroneous but review de novo the court's conclusions of law and interpretation of the Arizona Child Support Guidelines.»

But this is no justification for endorsing the clearly erroneous claims made by Castles and Henderson.

And, once again, his diatribe is remarkably free of any actual facts, and contains several clearly erroneous assertions and accusations.

Acceptance of clearly erroneous papers, such as those from Mann et al., pasted - together climate reconstructions, a tendency to jump on every temperature blip as proof of imminent catastrophe, etc. all serve to show that the community is less interested in communicating the truth than it is in maintaining a narrative of impending doom.

ECMC argues that the Eighth Circuit BAP should not have applied the clearly erroneous standard and should have applied a de novo standard of review.

Legislative Research Commission Note (7-15-02): Under the authority of KRS 7.136, the Reviser of Statutes has corrected a clearly erroneous statutory reference in subsection (5) of this section as enacted in 2002 Ky..

While this court is obliged to accept the bankruptcy court's undisturbed findings of fact unless they are clearly erroneous, it is not required to accept its conclusions as to the legal effect of those findings.

Two key factors appear to have persuaded the NLRB on the jurisdictional question: (1) the Texas Commissioner of Education's ability to reconstitute the governing board of a charter school, including the power to make appointments to the board upon reconstitution; and (2) the power of reconstitution is unreviewable unless arbitrary or clearly erroneous.

You call Coppedge a fool but then make such an unsubstantiated and clearly erroneous statement.

Not exact matches

It merely superimposes a traditional Augustinian reading of Paul's language regarding grace and works of the law (one that competent New Testament scholars know to be erroneous) upon a text clearly irreconcilable with its premises.

It is clearly that he was a great player, but, what about now?A consistently erroneous palyer i think.

[55] The assumption that serum levels correlate with body burden has been clearly recognized as erroneous.

Clearly, your perception of what paleo promotes is erroneous.

We point out that some spending changes are unrelated to other factors that may obscure the real effect on outcomes (i.e., clean spending changes), while other kinds of spending changes would clearly yield erroneous results (i.e., confounded spending changes).

It's a good idea to send the whole report to the credit bureaus with the erroneous items clearly circled and then send it by certified mail.

Clearly there could be cases where individual station errors would lead to erroneous results.

The step in January 2000 is clearly visible and results in an erroneous upward step of about 0.18 - 0.19 deg C. in the average of all unlit stations.

I would say one criterion for honesty is to state the confidence intervals with as much accuracy as one can, not just to (knowingly) «clearly state» erroneous confidence intervals.

Finally, the Terry majority notes more clearly than in any reported opinion that one can (and probably must) seek remedies from erroneous temporary orders at the final hearing: