Sentences with phrase «of precedential»

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.

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.

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.

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.

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.

The U.S. Supreme Court on Monday agreed to hear an appeal of a precedential Third Circuit decision holding that companies can be held liable under maritime law for asbestos - related injuries if a manufacturer could have reasonably foreseen asbestos would be later added to its product.

«Right now, courts rely on traditional publishers to publish material of precedential value,» Cormier says.

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.

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.

A large number of federal appellate courts state on the face of their precedential opinions that the date on which the opinion issued is the date on which the case was decided.

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.

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.

Not exact matches

That has precedential problems for lots of other things we're thinking about,» said Levin.

«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.

Within precedential and statutory boundaries, Gorsuch's broad view — regardless of the position the plaintiffs are advancing — allows greater access to the courts.

Given the precedential effect, CCSA sought review of the decision by the California Supreme Court.

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.

There are so many areas of South Carolina law that could use precedential analysis by our appellate courts that the act of depublishing opinions is almost perverse.

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 precedential value [of the decision] is huge.

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.

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.

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.

«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.

By strategically excerpting past cases, «a new case is no longer Venus rising from a shell — it is a child with a precedential parent and that parent has been created by the present's reworking of the past.»

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.

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.

While I wait on paperwork from the court, it would appear the Court of Appeals decision was a Rule 36 decision which has no precedential value.

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.

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.

However, common law legal systems give great precedential weight to case law or precedent and are developed by judges through decisions of courts and similar tribunals rather than through statute.

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

The CaseBase Signals help you to research the precedential value of the cases you rely on.

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.

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.»

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.

The precedential value of reported decisions is improved because decisions are based upon interpretation of the legal guidelines rather than broad discretion.

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.

[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.»

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.

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.

This type of argument is much more effective when the opinion announcing the proposition is of significant precedential value — e.g., an announcement of legal principles by a higher (or highest) court.