Search for: "Matter of Advisory Opinion"
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20 Sep 2011, 3:44 am
” The court then proceeds to give an advisory opinion on whether Sokolovic could indeed pursue damages for anything other than the fair market value of the dog. [read post]
13 Aug 2020, 5:00 am
And like free expression, that is a matter of individual liberty, violently protected by our Constitution. [read post]
16 Apr 2008, 4:22 am
" As a matter of plain language, the Court held that this section indicated that electing directors was "business. [read post]
28 Jun 2022, 6:07 am
Even in jurisdictions that afford international organizations their full measure of privileges and immunities as a matter of law, they may receive scrutiny from law enforcement officers unfamiliar with those protections. [read post]
14 Jan 2020, 11:46 am
A court sitting in Maine has no authority to issue a search warrant for a home in Hawaii, no matter how much probable cause there is. [read post]
13 Mar 2015, 7:35 am
It seems that the Opinion of Advocate-General Bot in the context of the Spanish proceedings fails to comprehensively address some serious questions regarding the regulation’s conformity with article 118 TFEU. [read post]
18 Apr 2023, 7:07 pm
I've previously discussed that courts, including but not limited to the ones in Germany, won't necessarily give much weight to advisory opinions. [read post]
12 Jun 2017, 3:06 pm
Either a company receives an unqualified opinion or it doesn’t. [read post]
12 Jun 2017, 3:06 pm
Either a company receives an unqualified opinion or it doesn’t. [read post]
13 Mar 2012, 6:58 am
The idea that federal courts do not issue advisory opinions is one of the oldest established principles in the federal judicial system, but some state supreme courts are authorized by state constitutions or state law to issue advisory opinions. [read post]
15 Jul 2015, 2:42 pm
As a general matter, the text of a guideline trumps commentary about it. [read post]
28 May 2020, 5:29 am
” For example, in the notorious Milward case, the First Circuit, citing legally invalid pre-Daubert decisions, stated that “when the factual underpinning of an expert’s opinion is weak it is a matter affecting the weight and credibility of the testimony − a question to be resolved by the jury. [read post]
5 Jul 2022, 10:09 pm
The Court today issues what is really an advisory opinion on the proper scope of the new rule EPA is considering. [read post]
26 Jun 2021, 7:52 am
A testifying expert’s opinion must stay within the bounds of what can be concluded by a reliable application of the expert’s basis and methodology. [read post]
27 Jun 2024, 11:19 am
Under this exception, Congress may assign the matter for decision to an agency without a jury, consistent with the Seventh Amendment. [read post]
24 Sep 2024, 6:37 am
” “Plaintiff moved to disqualify Law Firm in this case because in its plan advisory role, Law Firm also represents Plaintiff. [read post]
22 Aug 2016, 6:00 am
”While the ACCG litigates the Three Knife-Shaped Coins case in federal district court in Maryland, it is expected that the Missouri-based group simultaneously will press the matter when the Cultural Property Advisory Committee (CPAC) meets in Washington, DC on October 25. [read post]
4 Jun 2020, 4:01 pm
The presidential pardon power is almost entirely a matter of presidential discretion. [read post]
19 Sep 2008, 12:05 pm
Judicial Screening Committee, 18 AD3d 1100, 1101 [3d Dept 2005], lv denied 5 NY3d 711 [2005]).At the outset, this Court notes that the advisory opinions of the Committee on Open Government (which were inconsistent here and upon which both sides thus rely to various extents) are "neither binding upon the agency nor entitled to greater deference in an article 78 proceeding than is the construction of the agency" itself (Matter of John P. v Whalen, 54 NY2d 89, 96… [read post]
3 Feb 2014, 3:51 am
Nor did the opinion cite any case law on the point, from New York or elsewhere, that might have given it away. [read post]
