Sentences with phrase «novo standard of review»

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.

On remand, the BAP shall consider the Bankruptcy Court's «undue hardship» determination applying a de novo standard of review.

Not exact matches

The decision on an appeal from an agency's final action is based on a de novo review (question of law), except that the review of the factual findings in a decision by an AJ is based on a substantial evidence standard of review (29 CFR 1614.405 a).

Although the Fourth Circuit Court of Appeals has not decided the standard of review for § 523 (a)(8) hardship discharges, the district courts within the Fourth Circuit have unanimously reviewed such cases under the de novo standard.

On appeal, ECMC argues that the BAP should have used the de novo standard in its review of the Bankruptcy Court's «undue hardship» determination.

Historically, the LERB reviewed decisions of chiefs and presiding officers after initial investigations on a standard of review of correctness, using a de novo hearing — the appeal court refers to the lower tribunal's record to determine the facts, but will rule on the evidence and questions of law without deference (respectful submission to the judgment) to the lower tribunal's findings.

Our standard of review in appeals from the family court requires a de novo review of the family court's decision, and appellate courts are consistent in holding that procedural rules are subservient to the court's duty to zealously guard the rights of minors.

Talk about a swing of events — something which can happen where an appellate court independently reviews a contractual provision under the de novo review standard.

[19] Finally, appellate review of punitive damages must adopt a «de novo» standard of review of the jury's award, at least when the action is a federal case.