· 9/8/2023
Shawn Kenneth Hamilton v. The State of Wyoming
Citations
- 534 P.3d 1253
- 2023 WY 89
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that nonunion employees' claim for restitution was actually for punitive damages when the union had acted lawfully by conferring benefits to the employees
- holding that the trial court possessed broad discretionary power when crafting a remedy based upon equitable restitution, thereby requiring narrow appellate review
- recognizing \`one of the first principles of constitutional adjudication — the basic presumption of the constitutional validity of a duly enacted state or federal law.'\
- recognizing “ ‘one of the first principles of constitutional adjudication—the basic presumption of the constitutional validity of a duly enacted state or federal law.’ ”
- explaining that, “[i]n equity, ... courts eschew rigid absolutes and look to the practical realities and necessities inescapably involved in reconciling competing interests.... ”
- opining that an unconstitutional statute is not absolutely void but its one-time existence is a practical reality upon which people have relied and courts should recognize that reality
Source: CourtListener parenthetical corpus (CC0).
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.