Judge Silver rules
#11
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#12
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DICTA
The part of a judicial opinion which is merely a judge's editorializing and does not directly address the specifics of the case at bar; extraneous material which is merely informative or explanatory.
Dicta are judicial opinions expressed by the judges on points that do not necessarily arise in the case.
Dicta are regarded as of little authority, on account of the manner in which they are delivered; it frequently happening that they are given without much reflection, at the bar, without previous examination.
As one judge said, 'If general dicta in cases turning on special circumstances are to be considered as establishing the law, nothing is yet settled, or can be long settled. What I have said or written, out of the case trying, or shall say or write, under such circumstances, maybe taken as my opinion at the time, without argument or full consideration; but I will never consider myself bound by it when the point is fairly trying and fully argued and considered. And I protest against any person considering such obiter dicta as my deliberate opinion.' And another said it is 'great misfortune that dicta are taken down from judges, perhaps incorrectly, and then cited as absolute propositions.'
In the French law, the report of a judgment made by one of the judges who has given it, is called the dictum.
The part of a judicial opinion which is merely a judge's editorializing and does not directly address the specifics of the case at bar; extraneous material which is merely informative or explanatory.
Dicta are judicial opinions expressed by the judges on points that do not necessarily arise in the case.
Dicta are regarded as of little authority, on account of the manner in which they are delivered; it frequently happening that they are given without much reflection, at the bar, without previous examination.
As one judge said, 'If general dicta in cases turning on special circumstances are to be considered as establishing the law, nothing is yet settled, or can be long settled. What I have said or written, out of the case trying, or shall say or write, under such circumstances, maybe taken as my opinion at the time, without argument or full consideration; but I will never consider myself bound by it when the point is fairly trying and fully argued and considered. And I protest against any person considering such obiter dicta as my deliberate opinion.' And another said it is 'great misfortune that dicta are taken down from judges, perhaps incorrectly, and then cited as absolute propositions.'
In the French law, the report of a judgment made by one of the judges who has given it, is called the dictum.
#13
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Did you find the document allowing or mandating DUI can/must use the Nic? Maybe you should ask Marty to find it for you as a pre-condition to you donating more money for his Benz.
#14
This, as usual, leaves more questions than answers.
What is the going forward seniority list to be presented to the upcoming SLI, and how do they avoid another long running lawsuit if they present anything but the previously arbitrated list (Nicolau)?
What is the going forward seniority list to be presented to the upcoming SLI, and how do they avoid another long running lawsuit if they present anything but the previously arbitrated list (Nicolau)?
#15
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The way USAPA and the APA move forward is they formulate a fair and equitable list and send it out for all of us to ratify it, thereby deeming it fair and equitable. After there is a list, anyone can sue to their heart's content or the bottom of their bank account, whichever is reached first.
#16
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Have you read the MOU?
#17
Silver is a politician, but there is no lawsuit anymore.
The way USAPA and the APA move forward is they formulate a fair and equitable list and send it out for all of us to ratify it, thereby deeming it fair and equitable. After there is a list, anyone can sue to their heart's content or the bottom of their bank account, whichever is reached first.
The way USAPA and the APA move forward is they formulate a fair and equitable list and send it out for all of us to ratify it, thereby deeming it fair and equitable. After there is a list, anyone can sue to their heart's content or the bottom of their bank account, whichever is reached first.
#18
The MOU makes no mention of east/west, and sets the timeline for the SLI process.
It's up to USAPA to present a list... and, well... you know.
The timeline would easily be disrupted by a lawsuit by presenting a list that is not the previously arbitrated one.
It's up to USAPA to present a list... and, well... you know.
The timeline would easily be disrupted by a lawsuit by presenting a list that is not the previously arbitrated one.
#20
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I guess that is a yes. It certainly does mention east and west. It says that the seniority listS currently in effect(that would be the east and west lists) will not be changed except under a MB process. It then says that all other contracts are null and void. Cactuspilot.com will have the Silver ruling, go read it. She mentions in it that the previous TA could be modified, and we did.
It's my reading and the testimony in court that USAPA will present two lists, an east list and a west list. Then argue how the 3 should be combined. If that happens, it is a win for the west, just not the home run Nic was.
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