Sentences with phrase «not precedential»

Sept. 2, 2005)(not precedential).

While the decision is not precedential in Western Pennsylvania (where I represent clients in family law matters), it...

While the decision is not precedential in Western Pennsylvania (where I represent clients in family law matters), it may signal a shift in the perspectives of the family courts.

Interestingly, when applied to federal law, California Courts have held just the opposite: that «unpublished federal decisions can be cited as persuasive but not precedential authority.»

Not exact matches

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

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).

But this specified expertise can not be imputed to all sorts of administrative decision - makers, and so the precedential value of Pezim and Southam is limited.

The question presented here is not whether opinions ought to be published, but whether they ought to have precedential effect, whether published or not.

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.

Unlike the legal naysayers noted above, the new users of these historical cases will see not old and dead law of little precedential value but new and living documents of immense historical and social interest.

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.

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.

While the Nortel case arose from a unique set of circumstances, its importance and future precedential value should not be underestimated.

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.»)

Let me please add this caveat: Please take your time to read these unpublished opinions and please do not simply dismiss them because they are of «no precedential value.»

[14] These «clearly established principles of law» do not emanate solely from precedential appellate decisions, but rather «can derive from a variety of legal sources, including recent controlling case law, rules of court, statutes, and constitutional law.»

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?

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

The court held that an appeal from a trial judge's interpretation of a standard form contract, that has precedential value and does not require engagement with any meaningful factual matrix, is a question of law that should be reviewed for correctness.

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

Court of Review opinions can be precedential, but they are not necessarily precedential.

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.

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.

In my view, the court should (1) make all opinions precedential, (2) make all opinions available on the court's web site, (3) furnish all opinions to LEXIS, Westlaw, U.S. Law Week, and anyone else who wants them, and (4) place into the Federal Appendix all «unpublished» opinions that don't appear in the Federal Reporter.

One might argue that a judgment that is not appealed and discussed on issues of law at a higher court isn't to be relied on for precedential purposes.

However, the fact that the United States Centers for Medicare and Medicaid Services, in rules for the high - profile EHR Incentive Program, finds that only credentialed medical assistants — not all medical assistants — are capable of entering orders in the computerized provider order entry system is of even greater precedential weight on both the federal and state levels.

The purported precedential effect of this proceeding in other parts of Canada is simply not relevant, nor are the other issues CREA raises, namely, trademark issues and general service offerings by brokers.»

The following «fact situations» and analyses are provided for informational purposes and are not intended to carry precedential weight in any hearing.