The Court went on to explain that "there is simply nothing in our contemporary statutory, constitutional, or decisional law
indicating that the interest in access to declaratory judgment actions or, more generally, to a full suite of litigation options without limitation, is so weighty and fundamental that it cannot be waived by sophisticated, counseled parties in a commercial lease."
There has been a dearth of coverage actions and decisional law
relating to insurance for climate change liability is virtually non-existent - but that will likely change soon, given the rising prominence of the issue, the substantial costs involved and the increased litigation activity by municipalities and private parties against fossil fuel companies and other target defendants.
(4) The "basic premise" underlying New York's system of appellate courts is that intermediate courts "will dispose with finality of the great majority of the appeals, leaving for further review by the State's tribunal of last resort, the Court of Appeals, only a relatively small number of selected cases worthy of such further review." (5) In fact, "[t]he primary function of the Court of Appeals, like that of the United States Supreme Court in the Federal sphere, is conceived to be that of developing an authoritative body of decisional law
for the guidance of the lower courts, the bar and the public." (6)
If the grievance committee looks at the conduct and prior decisional law
and says no probable cause, that would never come before this court," Diane Wells replied.
Answer: Taxpayers are wise to persistently resist aggressive positions by the department when the position is untethered from the controlling tax statutes or the decisional law
the department is charged with enforcing.
Florida decisional law
contributes to the existence of intra-circuit conflicting opinions.
Clearlyestablishedright A right may be clearly established if a general constitutional rule already identified in the decisional law
applies with obvious clarity to the specific conduct in question.
[an] act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security." (5) Decisional law
spanning a period of more than fifty years has illuminated various circumstances under which an insider engages in deceptive conduct that contravenes the statute and the rule.
It outlines a core canon of decisional law
in civil procedure, and constitutional provisions, statutes, and rules, focusing on topics essential to a fundamental knowledge of civil procedure, rather than in-depth coverage.
Back then, there are brand-new trends, like in the trade secrets world driven by a new federal law, the environmental world driven by the new administration, and the class action world driven by new decisional law
While decisional law
imposes closer judicial scrutiny of an arbitrator's determination in a compulsory arbitration proceeding (see Motor Vehicle Accident Indemnification Corp.
Although Hart of course was aware of the relationship between rules of judicial precedent and the ability of the courts to create what he called decisional law
, he did not explore that relationship in much depth.