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· 10/12/2007

Ryman v. Sears, Roebuck and Co.

Citations

  • 505 F.3d 993
  • 12 Wage & Hour Cas.2d (BNA) 1682
  • 2007 U.S. App. LEXIS 23923
  • 90 Empl. Prac. Dec. (CCH) 42,985
  • 2007 WL 2964370

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that this court must “follow the decisions of the state’s intermediate appellate courts” absent “convincing evidence” the state supreme court would decide otherwise (citations omitted)
  • holding that intermediate appellate court decisions generally are binding
  • federal court must following decision of state’s intermediate appellate court unless federal court finds convincing evidence that state supreme court likely would not follow it
  • panel is not required to follow intermediate state appellate authority where there is convincing evidence that the state supreme court would decide differently
  • panel is not required to follow intermediate state appellate authority where there is convincing evidence that the state supreme court would decide differently
  • where state intermediate appellate court has interpreted state statute, federal court follows relevant precedent, unless there is convincing evidence that the state's supreme court likely would not follow it.

Source: CourtListener parenthetical corpus (CC0).

Judges: Fernandez, Silverman, Graber

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.