· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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