Showing posts with label Judicial Precedent. Show all posts
Showing posts with label Judicial Precedent. Show all posts

Friday, May 24, 2024

California Court of Appeal, 3 Stonedeggs, Inc. v. Workers’ Compensation Appeals Board and Braden Nanez, C098711


Publication of Cases

 

Precedential Value

 

Citable Cases

 

California Law

 

 

 

Henein v. Workers’ Comp. Appeals Bd. (1958) 50 Cal.Comp.Cases 279 [1985 Cal. Wrk. Comp. LEXIS 3760] (Henein).

 

 

Board panel cases such as Henein are citable for their persuasive value, especially as an indication of contemporaneous interpretation and application of workers’ compensation laws, but unlike en banc decisions of the Board, they have no precedential value. (Gee v. Workers’ Comp. Appeals Bd. (2002) 96 Cal.App.4th 1418, 1424, fn.6.)

 

 

 

(California Court of Appeal, May 24, 2024, 3 Stonedeggs, Inc. v. Workers’ Compensation Appeals Board and Braden Nanez, C098711, Certified for Publication)

 

Monday, April 22, 2019

U.S. Court of Appeals for the Eleventh Circuit, Fresh Results, LLC, v. ASF Holland, B.V., Total Produce, PLC, Docket No. 18-11595


Dicta
Judicial Precedent

(…) Fresh Results argues that the district court abused its discretion when it failed to consider all relevant public factors after concluding that the private factors were not in equipoise. The equipoise standard employed by the district court comes from dicta in our caselaw. Although our holdings are precedential, our dicta are not. See United States v. Caraballo-Martinez, 866 F.3d 1233, 1244 (11th Cir. 2017). Dicta refer to “those portions of an opinion that are not necessary to deciding the case then before us.” Id.  In contrast, our holdings “constitute the precedent, as a point necessarily decided” in that case. Bryan A. Garner et al., The Law of Judicial Precedent § 4, at 44 (2016); accord Powell v. Thomas, 643 F.3d 1300, 1304–05 (11th Cir. 2011) (explaining that “a holding is comprised both of the result of the case and those portions of the opinion necessary to that result by which we are bound”). And we have explained that, “regardless of what a court says in its opinion, the decision can hold nothing beyond the facts of that case.” Edwards v. Prime, Inc., 602 F.3d 1276, 1298 (11th Cir. 2010).

(U.S. Court of Appeals for the Eleventh Circuit, Fresh Results, LLC, a Delaware LLC, v. ASF Holland, B.V., a Dutch Corporation, Total Produce, PLC, an Irish Public Limited Company, April 22, 2019, Docket No. 18-11595, Circuit Judge William Pryor, for Publication)