Sentences with phrase «in precedential»

The court had consistently reached this result in unpublished opinions, and it used Goode to memorialize the rule in a precedential opinion.

In February 2018, appeared on behalf of Gilead before the Federal Circuit in an oral argument lasting almost two hours and in April 2018 the Federal Circuit, in a precedential, unanimous opinion affirmed the June 2016 post-trial wipe - out.

Obtained summary judgment in several matters resulting in precedential opinions.

Successfully defended Fender Musical Instruments Corporation against 40 antitrust price - fixing matters in MDL in Southern District of Florida; affirmed in precedential 9th Circuit Opinion.

Attorneys obtained a reversal in a precedential opinion.

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.

Under the precedential system followed in American jurisprudence, those rulings will be more or less binding on future disputes involving the same or similar issues.

The 2nd Circuit said the instructions given to the Silver jury by the trial judge were consistent with precedential rulings in other cases prior to the Supreme Court decision in the McDonnell case.

Within days the Home School Legal Defense Association (HSLDA), a national organization with more than 14,000 member families in California, had collected over 250,000 signatures calling on the California Supreme Court to «depublish» the appellate court's ruling, which would strip it of precedential value.

The court's judgment leaves the Ninth Circuit ruling in place, but it has no precedential value.

These are binding on the parties to the adjudicatory proceedings and have precedential effect on future parties in similar situations.

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

Commercial publishers also use legal staff to screen decisions and make judgment calls on what decisions should be considered material of precedential value, and therefore be included in their databases.

The Supreme Court issued an 8 - 1, precedential decision in Scott v. Harris, effectively establishing a flat rule that a police officer in a high - speed chase that poses a threat to the safety of others does not violate the Fourth Amendment even where the officer places the fleeing motorist at risk of injury or death.

«When it came down to a possible negative, precedential ruling from the panel, PETA quickly sought to protect the institution, not the claimed real party in interest,» Smith said.

Among other precedential matters, Mr. Miklave represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action can not be brought based on the breach of an employment handbook when that handbook contains a disclaimer (Lobosco v. NYNEX).

And, I didn't include court orders in trial courts with no precedential effects which are binding between the parties even though some consent decrees in that set of documents have the force of law.

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.

On at least three different occasions during the hour and a half negotiation either I or the opposing attorney asked for language in the agreement based on nothing more than our clear expectation that the family court judges could not be expected to follow case law on what is a change of circumstances or not giving precedential value to a temporary order at the final hearing.

[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.

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.

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.

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.

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.

Second, there is no precedential value in any of the terms of the order.

Regardless of the (perhaps temporary) loss of precedential value of the Jane Doe decision, employers should continue to be sensitive to the issues that this tort raises and consider it to be an example of what they might have to deal with in the future.

South Carolina Appellate Court Rule 268 (d)(2) states, «Memorandum opinions and unpublished orders have no precedential value and should not be cited except in proceedings in which they are directly involved.»

Rule 268 (d)(2), SCACR («Memorandum opinions and unpublished orders have no precedential value and should not be cited except in proceedings in which they are directly involved.»)

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.

The South Carolina Court of Appeals filed what I consider to be an important unpublished family court opinion which, most probably, should have been published, in that it could have provided precedential guidance for family court mediators and attorneys participating in mediation.

While the decision is not precedential in Western Pennsylvania (where I represent clients in family law matters), it may signal a shift in the perspectives of the family courts.

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.

While the decision is not precedential in Western Pennsylvania (where I represent clients in family law matters), it...

Undoubtedly, there are many thousands of published opinions that were never officially reported, but that have nonetheless entered the canon of precedential case law through citation and adoption by courts in their jurisdictions.

Many readers will have a deeper understanding of the system and conventions of U.S. jurisprudence than I have, so comments and corrections on this point are welcome, but doesn't publication in a law report offer precedential value not available to unpublished decisions — of which there are many more?

At Slaw we've referred from time to time to the practice in some US courts of declining any precedential value to cases.

Stare decisis is also defended on the ground that it increases the «perceived integrity of the judicial process» by promoting the appearance of the rule of law.52 When courts cavalierly overrule their own precedent, they may reduce the public's confidence in the view that judges are constrained by the principles of law they espouse.53 However, granting binding precedential value to secret opinions fails to promote the appearance of the rule of law, precisely because these opinions are secret.

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.

Taken together, the analysis in this Comment suggests that the justifications most commonly offered in defense of stare decisis — rule of law, appearance of the rule of law, and deference to legislative authority — do not support affording binding precedential value to secret opinions of the kind sometimes issued by the FISA courts.61

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 forcin 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 forcIn 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.

In the meantime, it has precedential value whatever a justice of this Court may say on a stay application.

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.

District Court returned verdict for Defendants, but Federal Circuit reversed and entered judgment on behalf of Plaintiffs in a frequently cited precedential opinion.

The published opinions currently available may constitute the entire work of the Court of Review — that is, there may in fact be no extant unpublished precedential opinions from the Court of Review or the en banc FISC, but the current legal regime does allow for such opinions to exist.

Web 2.0 matters for the legal profession, because it promotes an information environment in which lawyers can simplify access to material of precedential value.

[10] This Court has no jurisdiction to suspend the precedential value of Grant Thornton Ltd. v. Alberta Energy Regulator and introduce another legal regime — the one in place before Chief Justice Wittmann released his judgment — for the governance of other bankrupts, receivers and trustees in bankruptcy and secured creditors for a period commencing with the date of pronouncement of any stay order and ending with the date the Supreme Court of Canada either resolves an appeal against this Court's judgment or dismisses the applicants» leave - to - appeal application.

Yes, many courts in most countries still express a preference for print citations, or at least to citations only to those cases they or case law publishers have deemed of precedential value.

This is helpful, but it is unclear from this in which venue such objections can be raised, or whether Ginsburg's opinion is even precedential.

California associate justice Laurence Rubin writes in today's precedential opinion (read in full here) that the ruling was an error.