Sentences with word «precedential»

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.

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.

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.

For patent damages there's plenty of precedential decisions — not so for rate - setting.

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 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.

While the decision is not precedential in Western Pennsylvania (where I represent clients in family law matters), it may signal a shift in the perspectives of the family courts.

We have yet to see a decision in any case but expect that a series of decisions will eventually form an informative precedential base that will ultimately reduce the number of disputes being filed.

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longer than 90 days and to post them earlier in the day; that the 1st Circuit identify opinions as precedential or nonprecedential and that the 2nd Circuit improve its search capability for locating opinions.

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.

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.

Our litigators are widely recognized as go - to counsel for complex communications disputes, often those involving issues of first impression or that carry broad precedential implications.

There is, at least, a clear precedential path where white supremacism could be held to be a religion.

«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.

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.

That is, my understanding is that not a high proportion of lower court decisions are actually published (higher for first appellate, though), and, if a decision is published it does carry precedential value.

However, for this to happen would require a historically unprecedented break from numerous other precedential factors: the 4 year cycle, a P / E mean reversion, typical lengths of Bull and Bear Markets, P / E multiple expansion / contraction cycle, etc..

This can be contrasted with common law systems whose intellectual framework comes from judge - made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions.

The court also disapproved the PTAB's practice of promulgating procedural rules governing AIA trials through precedential decisions, rather than through formal rulemaking under the Administrative Procedures Act.

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.

The decision upheld the Second Circuit, but lacks precedential value.

The children of Mr. Kulig's first wife complained that it was judicial activism, unwarranted by the statute and decades of precedential law.

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.

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

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

In a department with no historical memory, such an elegant and precedential solution to the problem of underrepresentation in these schools has eluded the mayor and chancellor.

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.

In a recent precedential decision, the Patent Trial and Appeal Board («PTAB») denied institution of «follow - on» petitions and announced criteria that is likely to restrict the practice of filing multiple serial petitions in future cases.

Cases whose precedential value may be in question include «red flags» explaining the concern.

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.

On May 6, 2016, the North Carolina Supreme Court released a deadlocked 3 - 3 decision, leaving the intermediate appellate decision undisturbed without precedential value.

Second, the family court improperly assigned precedential value to the temporary order.

As well, the decision on a full record would likely have important precedential value.

Claims Centers are usually only able to recommend select lawyers or law firms where the file is of special precedential interest to ICBC or the Plaintiff lawyer is «targeted» by ICBC.

It connects action steps in the process with key support items — such as instructions / tutorials, checklists and precedential documents — and facilitates administrative actions, such as time entry.

[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.»

Both have secret codes, a special language and precedential norms you follow, reshape or break.

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?