Does a litigant who has successfully challenged a rule establish the rule?
MultiRegion, United States of America
The following excerpt is from Myers v. Ylst, 897 F.2d 417 (9th Cir. 1990):
4 An exception is made for the litigant whose cases establishes the rule, because otherwise there would be no incentive for an individual litigant to challenge existing interpretations of law. See Stovall v. Denno, 388 U.S. 293, 301, 87 S.Ct. 1967, 1972, 18 L.Ed.2d 1199 (1967).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a Minister of Justice have to comply with Rule 18 of the Rules of Procedure, or is it a breach of procedural fairness if the Minister of Citizenship and Immigration refuses to forgoing Rule 18? (Canada (Federal), Canada)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (MultiRegion, United States of America)
What is the test for establishing rules of evidence in civil litigation? (MultiRegion, United States of America)
Is there any case law where a party has been successful in successfully challenging a claim of relevancy? (MultiRegion, United States of America)
Does a motion under Rule 419(1)(a)(a) require a trial judge to consider the sufficiency of a statement of claim to establish a cause of action? (Canada (Federal), Canada)
What is the cost of an assessment of costs under Rule 140(3) of the Rules of Civil Procedure? (Canada (Federal), Canada)
How have courts interpreted Rule 29 in the context of Rule 29? (MultiRegion, United States of America)
Can a statement of claim be struck out under Rule 419(1)(a) of the Rules of Civil Procedure? (Canada (Federal), Canada)
What is the test for establishing procedural safeguards in civil litigation? (MultiRegion, United States of America)
What is the test for a rule similar to section 172 of the Rules of Civil Procedure? (Canada (Federal), Canada)
