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).
Not exact matches
That has
precedential problems for lots of
other things we're thinking about,» said Levin.
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.
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.
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precedential or nonprecedential and that the 2nd Circuit improve its search capability for locating opinions.
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.
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.
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.
[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.
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.»