| Alphabetical
list of Shepard’s® editorial
phrases |
|
| Phrase |
Definition |
Signal Value |
| 130D
motion filed by |
A party has
moved the Texas Supreme Court in the case you are SHEPARDIZING(TM) for an
extension of time to file an application for a writ of error in the Court of
Appeals under Rule 130 (d), Texas Rules of Appellate Procedure. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| 53.7(F)
mot. for extension of time filed by |
A party has filed a motion in the case you
are SHEPARDIZING(TM) requesting the Texas Supreme Court to extend the time to
file a petition for review under Rule 53.7(f), Texas Rules of Appellate
Procedure. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| 90C
motion filed by |
A party has
moved the Texas Supreme Court in the case you are SHEPARDIZING(TM) to
reconsider whether to publish an opinion under Rule 90(c), Texas Rules of
Appellate Procedure. SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| ALJ -
Initial Determination |
In the decision
you are SHEPARDIZING (TM), an Administrative Law Judge has made an initial
determination based on an investigation into alleged violations. Generally such determination will
eventually be considered by a judge or agency commission/board. |
Analysis (blue) |
| ALJ -
Recommendation |
In the decision
you are SHEPARDIZING (TM), an Administrative Law Judge has made preliminary
findings based on an investigation into alleged violations. Generally such determination will
eventually be considered by a judge or agency commission/board. |
Analysis (blue) |
| Abandoned |
Used with
Canadian cases when an appeal is withdrawn by the party or parties or by the
court for failure to actively pursue the appeal. SHEPARD'S Signal: Warning -
Negative treatment is indicated (Red) |
Warning (red) |
| Abated |
Used primarily
when a party (usually the accused) dies or the subject becomes moot. |
0 |
| Abrogated
as noted in Concurring Opinion |
The citing
concurring opinion notes that the case you are SHEPARDIZING(TM) has been
effectively, but not explicitly, overruled or departed from by an earlier
decision. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Abrogated
as stated in |
The citing case
states that the case you are SHEPARDIZING(TM) has been effectively, but not
explicitly, overruled or departed from by an earlier decision. SHEPARD'S Signal: Questioned: Validity
questioned by citing refs (Orange) |
Question
(orange) |
| Abrogated
as stated in Depublished Concurring Opinion at |
The citing
concurring opinion notes that the case you are SHEPARDIZING(TM) has been
effectively, but not explicitly, overruled or departed from by an earlier
decision. The citing case itself may be questionable due to a later action
that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Abrogated
as stated in by questionable precedent at |
The citing case
states that the case you are SHEPARDIZING(TM) has been effectively, but not
explicitly, overruled or departed from by an earlier decision. The citing
case itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Abrogated
by |
The citing case
effectively, but not explicitly, overrules or departs from the case you are
SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative treatment is indicated
(Red) |
Warning (red) |
| Abrogated
by questionable precedent at |
The citing case
effectively, but not explicitly, overrules or departs from the case you are
SHEPARDIZING(TM). The citing case itself may be questionable due to a later
action that affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Abrogated
in part as noted in Concurring Opinion |
The citing
concurring opinion notes that some part of the case you are SHEPARDIZING(TM)
has been effectively, but not explicitly, overruled or departed from by an
earlier decision. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Abrogated
in part as stated in |
The citing case
states that some part of the case you are SHEPARDIZING(TM) has been
effectively, but not explicitly, overruled or departed from by an earlier
decision. SHEPARD'S Signal: Questioned: Validity questioned by citing refs
(Orange) |
Question
(orange) |
| Abrogated
in part as stated in Depublished Concurring Opinion at |
The citing
concurring opinion notes that some part of the case you are SHEPARDIZING(TM)
has been effectively, but not explicitly, overruled or departed from by an
earlier decision. The citing case itself may be questionable due to a later
action that affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Abrogated
in part as stated in by questionable precedent at |
The citing case
states that some part of the case you are SHEPARDIZING(TM) has been
effectively, but not explicitly, overruled or departed from by an earlier
decision. The citing case itself may be questionable due to a later action
that affects it precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Abrogated
in part by |
The citing case
effectively, but not explicitly, overrules or departs from some part of the
case you are SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative treatment
is indicated (Red) |
Warning (red) |
| Abrogated
in part by questionable precedent at |
The citing case
effectively, but not explicitly, overrules or departs from some part of the
case you are SHEPARDIZING(TM). The citing case itself may be questionable due
to a later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Abstained
by |
A bankruptcy
court in the case you are SHEPARDIZING(TM) has declined to exercise
jurisdiction over a bankruptcy proceeding or to decide a particular issue,
often to avoid conflict with a proceeding in another court. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Accepted
by |
A court
recognizes and accepts the reasoning or holding advanced by the case you are
SHEPARDIZING(TM). Commonly used to
signify that a federal district court has accepted the recommendation of a
magistrate, or that a National Labor Relations Board panel has accepted an
Administrative Law Judge's opinion. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Acquiesced
in part, Not Acquiesced in part by |
The
Commissioner agrees with the legal reasoning of some of the issues or part of
the result, of the case you are SHEPARDIZING(TM), but disagrees with the
legal reasoning of other issues or another aspect of the result of the same
case. The IRS will not take an appeal or relitigate the issues with which the
Commissioner agrees, but may appeal and/or relitigate all other issues. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Acquiescence
by Commissioner at |
The Commission
acquiesces in the reasoning or result of the decision you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Positive treatment is indicated (Green) |
Positive (green) |
| Acquiescence
by Commissioner in part at |
The
Commissioner agrees with the legal reasoning of some of the issues, and part
of the result, of the case you are SHEPARDIZING(TM) that was decided against
the IRS. The IRS will not take an
appeal or relitigate the issues with which the Commissioner agrees, but may
appeal and/or relitigate all other issues.
SHEPARD'S Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Acquiescence
by Commissioner in part withdrawn by |
Although the
Commissioner had previously agreed with the legal reasoning of some of the
issues and part of the result of the case you are SHEPARDIZING(TM) that was
decided against the IRS, that agreement has been reversed. The IRS may take an appeal, or relitigate
those issues in the future. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Acquiescence
by Commissioner in result in part by |
The
Commissioner does not agree with the legal reasoning, but does agree with
part of the result of the case you are SHEPARDIZING(TM) that was decided
against the government. The IRS may
take an appeal, if timely, on those parts of the result not agreed with, and
may relitigate any issues in the future.
SHEPARD'S Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Acquiescence
by Commissioner in result in part withdrawn by |
Although the
Commissioner had previously agreed with part of the result of the case you
are SHEPARDIZING(TM) that was decided against the IRS, that agreement is
withdrawn. The IRS may take an appeal,
if timely, on any parts of the result previously agreed with, and may
relitigate any issues in the future.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Acquiescence
by Commissioner in result only at |
The
Commissioner does not agree with the legal reasoning, but does agree with the
result of the case you are SHEPARDIZING(TM) that was decided against the
IRS. The IRS may not take an appeal,
but may relitigate any issues in the future.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Acquiescence
by Commissioner in result withdrawn by |
Although the
Commissioner had previously agreed with the result of the case you are
SHEPARDIZING(TM) that was decided against the government, that agreement is
reversed. The IRS may take an appeal
from the decision, if timely, and may relitigate any issues in the
future. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Acquiescence
by Commissioner in result withdrawn, in part by |
Although the
Commissioner had previously in part agreed with the result of the case you
are SHEPARDIZING(TM) that is decided against the IRS, a portion of that
agreement is reversed. The IRS may
take an appeal, if timely, on those parts of the result previously agreed
with and may relitigate any issues in the future. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Acquiescence
by Commissioner withdrawn by |
Although the
Commissioner had previously agreed with the legal reasoning of all issues and
the result of the case you are SHEPARDIZING(TM) that was decided against the
IRS, that agreement has been reversed.
The IRS may take an appeal or relitigate any issues in the
future. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Acquiescence
by Commissioner withdrawn in part by |
Although the Commissioner has previously
agreed with the legal reasoning of all issues and the result of the case you
are SHEPARDIZING(TM) that was decided against the IRS, that agreement has
been reversed as to some of the issues and part of the result. The IRS may take an appeal or relitigate
those issues in the future. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Added |
The citing
reference, typically a session law or other record of legislative action, or
a record of administrative action, adds new matter to the statute, rule,
regulation or order you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Added
and renumbered by |
The citing
reference, typically a session law or other record of legislative action,
alters the statute you are SHEPARDIZING(TM) through addition and
renumbering. SHEPARD'S Signal: Caution
- Possible negative treatment (Yellow) |
Caution (yellow) |
| Added
and repealed by |
The citing
reference, typically a session law or other record of legislative action,
alters the statute you are SHEPARDIZING(TM) through addition and repeal. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Adhered
to |
On appeal or
rehearing, a Court has reconsidered the case you are SHEPARDIZING(TM) and
arrived at the same conclusion, even though additional facts or circumstances
were presented and considered.
SHEPARD'S Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Adjudicated
by |
The citing case
involves the patent, copyright or trademark you are SHEPARDIZING(TM), but
there is no holding that calls for a more specific editorial letter. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Administrative
Proceeding in |
The citing
decision or order involves the docket or rulemaking number you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Adopted
by |
The Court has adopted an extrajudicial,
administrative or pretrial decision in the case you are
SHEPARDIZING(TM). This phrase most
often appears where a Federal District Court judge adopts a Magistrate's
decision, or where a National Labor Relations Board panel had adopted an
Administrative Law Judge's opinion.
SHEPARD'S Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Adversary
proceeding at |
A separately
contested action between a creditor and debtor during the course of the
bankruptcy proceeding, which you are SHEPARDIZING(TM), usually involving
certain facts or issues in common with the main bankruptcy case. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Affirmed
by |
On appeal,
reconsideration or rehearing, the citing case affirms or adheres to the case
you are SHEPARDIZING(TM). SHEPARD'S
Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Affirmed
by Circuit Court at |
The decision in
the case you are SHEPARDIZING(TM) has been affirmed by the appropriate Ohio
Circuit Court. This phrase is used
only with older Ohio cases that are cited without reference. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Affirmed
by Court of Appeals at |
The decision in
the case you are SHEPARDIZING(TM) has
been affirmed by the appropriate Ohio Court of Appeals. This phrase is used only with older Ohio
cases that are cited without reference.
SHEPARD'S Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Affirmed
by Court of Common Pleas at |
The decision in
the case you are SHEPARDIZING(TM) has been affirmed by the appropriate Ohio
Court of Common Pleas. This phrase is
used only with older Ohio cases that are cited without reference. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Affirmed
by Supreme Court at |
The decision in
the case you are SHEPARDIZING(TM) has been affirmed by the Ohio Supreme
Court. This phrase is used only with
older Ohio cases that are cited without reference. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Affirmed
by questionable precedent at |
On appeal,
reconsideration or rehearing, the citing case affirms or adheres to the case
you SHEPARDIZING(TM). The citing case itself may be questionable due to a
later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Affirmed
conditionally by |
The lower court
decision you are SHEPARDIZING(TM) has essentially been upheld, dependent upon
the satisfaction of some stipulation or qualification imposed by the
appellate court. SHEPARD'S Signal:
Positive treatment is indicated (Green) |
Positive (green) |
| Affirmed
in part and appeal dismissed in part by |
An appellate
court has upheld part of the judgment of the lower court or agency in the
case you are SHEPARDIZING(TM) and has discontinued the remainder of the
appeal without any further reconsideration. SHEPARD'S Signal: Positive
treatment is indicated (Green) |
Positive (green) |
| Affirmed
in part and modified in part by |
An appellate
court has upheld part of the judgment of the lower court or agency in the
case you are SHEPARDIZING(TM) but has also changed part of that
judgment. The lower court decision is
still good law except to the extent changed by the appellate court. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Affirmed
in part and remanded in part by |
An appellate
court has upheld part of the judgment of the lower court or agency in the
case you are SHEPARDIZING(TM) and has returned the remainder of the judgment
to the lower court for further proceedings.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Affirmed
in part and reversed in part by |
An appellate
court has upheld part of the judgment of the lower court or agency in the
case you are SHEPARDIZING(TM) but has overturned the remainder of the judgment. That part of the lower court decision being
overturned should no longer be considered good law. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Affirmed
in part and set aside in part by |
An appellate
court has upheld part of the judgment of the lower court or agency in the
case you are SHEPARDIZING(TM) but has rejected the remainder of that judgment
by specifically using the phrase "set aside." That part of the lower court or agency
decision being set aside should no longer be considered good law. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Affirmed
in part and superseded in part by |
An appellate
court has upheld part of the judgment of a lower court or agency in the case
you are SHEPARDIZING(TM), but has superseded the remainder of the lower court
judgment. That part of the lower court decision being superseded should no
longer be considered good law. |
Warning (red) |
| Affirmed
in part and vacated in part by |
An appellate
court has upheld part of the judgment of the lower court or agency in the
case you are SHEPARDIZING(TM), but has annulled or canceled the remainder of
the judgment. That part of the lower
court decision being vacated should no longer be considered good law. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Affirmed
in part without op. and remanded in part without op. by |
An appellate
court, in a table case entry without any discussion or citation of other
authority, has affirmed some aspect of the decision in the case you are
SHEPARDIZING(TM), but on another point has elected to remand the matter. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Affirmed
in part without op. and reversed in part without op. by |
An appellate
court, in a table case entry without any discussion or citation of other
authority, has affirmed some aspect of
the decision in the case you are SHEPARDIZING(TM), but on another point has
overturned the lower court decision.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Affirmed
in part without opinion and vacated in part without opinion |
An appellate
court, in a table case entry without any discussion or citation of other
authority, has affirmed some aspect of the decisions that you are
SHEPARDIZING(TM), but on another point has vacated the lower court decision. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Affirmed
on other grounds by |
While the
decision in the case you are SHEPARDIZING(TM) has been affirmed on appeal,
the appellate court disagrees with the legal reasoning used by the court in
reaching the decision being affirmed. |
Caution (yellow) |
| Affirmed
without opinion by |
An appellate court has upheld the lower
court's judgment, decree or order in the case you are SHEPARDIZING(TM), but
without any written opinion discussing its reasons for the affirmance. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Allocatur
denied by |
The citing
order denies allocatur in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Allocatur
granted by |
The citing
order grants allocatur in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Altered
by |
The court has
changed or modified some aspect of the decision that you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Amended
and re-enacted at |
The citing
reference, typically a session law or other record of legislative action,
alters the statute you are SHEPARDIZING(TM) through amendment and
reenactment. SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Amended
and renumbered by |
The citing
reference, typically a session law or other record of legislative action,
alters the statute you are SHEPARDIZING(TM) through amendment and
renumbering. SHEPARD'S Signal: Warning
- Negative treatment is indicated (Red) |
Warning (red) |
| Amended
and repealed by |
The citing
reference, typically a session law or other record of legislative action,
alters the statute you are SHEPARDIZING(TM) through amendment and repeal.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Amended
and repealed in part by |
The citing
reference, typically a session law or other record of legislative action,
alters the statute you are SHEPARDIZING(TM) through partial amendment and
partial repeal. SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Amended
by |
For statutes,
regulations or administrative rulings, the citing reference amends or alters
the statute, regulation or order you are SHEPARDIZING(TM). For case law, a
court has changed or improved its own judgment, order or opinion in the case
you are SHEPARDIZING(TM) generally by means of additions or deletions,
thereby limiting the validity or precedential value of the case you are
SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Among
conflicting authorities as noted in Depublished Concurring Opini |
In a concurring
opinion, the citing opinion notes conflicting lines of authority on an issue,
without taking a position on which line of authority should be applied, and
the citing case has been ordered depublished by a California appellate court.
The case you are SHEPARDIZING(TM) falls along one of the noted lines of
authority. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Among
conflicting authorities as noted in concurring opinion |
The concurring
opinion notes conflicting lines of authority on an issue, without taking a
position on which line of authority should be applied. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Among
conflicting authorities as noted in questionable precedent at |
The citing
opinion notes conflicting lines of authority on an issue, without taking a
position on which line of authority should be applied. The citing case itself
may be questionable due to a later action that affects its precedential
value. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Among
conflicting authorities noted in |
The citing
opinion notes conflicting lines of authority on an issue, without taking a
position on which line of authority should be applied. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Amplified
by |
The citing
decision expands or extends to a different factual situation the statute,
revenue ruling or revenue procedure you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Amplified
by |
The citing
reference, typically a record of administrative action, expands or extends to
a different factual situation the statute, regulation or order you are
SHEPARDIZING(TM). SHEPARD'S Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Amplified
by |
The rationale
of the case you are SHEPARDIZING(TM) is no longer limited to its facts or
circumstances, but is generally applicable. SHEPARD'S Signal: Positive
treatment is indicated (Green) |
Positive (green) |
| Annulled
by |
The court has
abrogated a prior judgment in the case you are SHEPARDIZING(TM) and deprived
it of any force or operation. SHEPARD'S Signal: Warning - Negative treatment
is indicated (Red) |
Warning (red) |
| Answer
conformed to |
The court has
rendered its decision in the case you are SHEPARDIZING(TM) based upon the
answer to a question certified to a different court. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Appeal
after remand at |
This phrase is
used when a case cites an earlier appellate level case, and indicates that
there has been an intervening, uncited decision on remand to a lower
court. The case you are
SHEPARDIZING(TM) responds to the decision on remand. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Appeal
denied by |
An appellate
court has refused to accept or hear an appeal of the judgment, decree or
order of the lower court or administrative agency in the case you are
SHEPARDIZING(TM). The case you are
SHEPARDIZING(TM) is still good law, although further appeal is possible if a
higher court exists. SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Appeal
dismissed by |
An appellate
court has reconsidered and retracted its own prior order granting appeal in
the case you are SHEPARDIZING(TM) or has discontinued an appeal without
consideration of the judgment, decree, or order of the lower court or
administrative agency in the case your SHEPARDIZING(TM). The case you are
SHEPARDIZING(TM) is still good law, although further appeal is possible if a
higher court exists. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Appeal
dismissed for want of debatable question by |
An appeal in
the case you are SHEPARDIZING(TM) has been dismissed since the court has
found that no debatable constitutional questions exists. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Appeal
dismissed without opinion by |
An appellate
court has discontinued an appeal in the case you are SHEPARDIZING(TM) without
consideration of the lower court's judgment, decree or order and without any
written opinion discussing its reasons for the dismissal. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Appeal
granted by |
An appellate
court has agreed to accept or hear an appeal in order to review the judgment,
decree or order of a lower court or administrative agency in the case you are
SHEPARDIZING(TM). There will likely be
a subsequent order or opinion by the court to indicate its disposition of the
appeal. SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Appeal
granted by |
An appellate
court or court acting in an appellate capacity has agreed to accept or hear
an appeal in order to review the judgment, decree, or order of a lower court,
tribunal, or administrative agency. Subsequently, the appeal has been
discontinued or there has been an affirmance. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Appeal
reinstated by |
An appeal
formerly dismissed by the court in the case you are SHEPARDIZING(TM) has been
taken up again, due to the submission of new grounds by the appellant and/or
a reconsideration by the court.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Appeal
reinstated by |
An appeal
formerly dismissed by an appellate court or a court acting in an appellate
capacity has been reinstated, due to the submission of new grounds by the
appellant and/or reconsideration by the court. Subsequently, the appeal has
been discontinued or there has been an affirmance. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Appeal
settled and dismissed by |
An appeal that
was pending before the court in the case you are SHEPARDIZING(TM) has been
resolved, due to an agreement reached by the parties. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Appeal
sustained by |
The Board of
Contract Appeals in the case you are SHEPARDIZING(TM) agrees with the
appellant upon review of appellant's claims on appeal. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Appeal
withdrawn by |
An appeal that
was pending before the court in the case you are SHEPARDIZING(TM) has ended
upon request by the appellant. (Dark Blue) |
Analysis (blue) |
| Application
denied by |
A court has
declined to grant a request or petition by a party in the case you are
SHEPARDIZING(TM) and has specifically used the language "application
denied." SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Application
for writ filed |
The citing
reference notes an application or motion for writ in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Application
for writ of error removed to federal court |
An application
for a writ of error filed pursuant to Rule 130 in the case you are
SHEPARDIZING(TM) includes a constitutional issue, and has been removed to the
United States Supreme Court or federal Court of Appeals for resolution. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Application
granted by |
A court allowed
a request or petition by a party to the case you are SHEPARDIZING(TM) and has
specifically used the language "application granted." SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Applied
by |
Used with
Canadian cases when the citing case applies the principle of law from the
case you are SHEPARDIZING(TM), although the facts of the citing case are
somewhat different from the facts of the SHEPARDIZED(TM) case. SHEPARD'S
Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Approved
as supplemented by |
The court has
basically confirmed the lower court's decision in the case you are
SHEPARDIZING(TM) with an addendum of some nature. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Approved
by |
A court has
confirmed or approved the decision of the lower court in the case you are
SHEPARDIZING(TM). Encountered in Florida, where the Supreme Court
"approves" rather than "affirms" a decision of the
District Court of Appeals. This phrase
also appears where a Federal District Court judge approves a Magistrate's
decision and where a National Labor Relations Board panel has approved an
Administrative Law Judge's opinion.
SHEPARD'S Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Argued
on |
Respective
counsel have presented their case to the United States Supreme Court in the
case you are SHEPARDIZING(TM). This
information is derived from a table in the United States Law Weekly
publication. SHEPARD'S Signal: Caution
- Possible negative treatment (Yellow) |
Caution (yellow) |
| As moot |
A request,
motion, petition, or similar matter, in the case you are SHEPARDIZING(TM),
has been denied, dismissed, or otherwise ruled upon, due to its being
determined moot. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Automatic
stay modified by |
A bankruptcy
court (or an appellate court sitting in review of a bankruptcy court
decision) has changed or amended some aspect of the automatic stay in the
case you are SHEPARDIZING(TM). Also
used in general context outside the bankruptcy jurisdictions where court
language supports its use. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Bid
protest denied |
In the decision
you are SHEPARDIZING (TM), the agency has denied the challenge to the award
or proposed award of a contract for procurement of goods and services or a
challenge to the terms of a solicitation for such a contract (bid protest)
because there was no merit to the protest. |
Analysis (blue) |
| Bid
protest sustained |
In the decision
you are SHEPARDIZING (TM), the agency has sustained the challenge to the
award or proposed award of a contract for procurement of goods and services
or a challenge to the terms of a solicitation for such a contract (bid
protest) and agrees with the protest arguments. |
Analysis (blue) |
| By an
equally divided Court at |
A phrase used
when an appellate court cannot reach a clear consensus and ends up split on
an issue, to indicate in accordance with Bluebook rules that the decision in
the case you are SHEPARDIZING(TM) is not upheld by the single, clear holding
of a majority of the appellate court.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| By
unreported decision at |
A phrase used
in combination with some other history phrase to show that the action taken
on the case you are SHEPARDIZING(TM) was done by a court opinion that is not
published or not officially published; e.g. "affirmed, by unreported
decision" SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Canceled
by |
The citing
reference indicates that registration for the trademark you are
SHEPARDIZING(TM) has been canceled.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Cause
Remanded by |
An appellate
court is returning the case you are SHEPARDIZING(TM) to a lower court for
further proceedings and has used the specific language "cause
remanded." SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Cause
dismissed by |
A court
declines to consider any more issues of law or fact in the case you are
SHEPARDIZING(TM) and uses the specific language "cause dismissed."
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Cause
re-set for submission by |
On a motion of
a party or on the court's own motion, the date originally set for submission
of the case you are SHEPARDIZING(TM) has been adjourned to a later date under
Rule 171(b) of the Texas Rules of Appellate Procedure. SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Cause
set for submission by |
A writ of error
has been granted in the case you are SHEPARDIZING(TM) and the date of
submission to the Texas Supreme Court, with or without oral argument, has
been set under Rule 12 of the Texas Rules of Appellate Procedure. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Cease
and desist order issued |
In the decision
you are SHEPARDIZING (TM), the Agency Commission has issued a cease and
desist order directing a party to cease its unfair acts, including selling
infringing imported articles out of U.S. inventory. |
Analysis (blue) |
| Certificate
filed at |
The citing
reference notes that a certificate for review of the case you are
SHEPARDIZING(TM) has been filed with the U.S. Court of Appeals for the Armed
Forces. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Certificate
for question declined at |
Having received
a certified question from the court in the case you are SHEPARDIZING(TM), a
court declines to answer the question.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Certificate
of appealability denied by |
"Certificate
of appealability denied" is used when a trial court or an appellate
court has denied a certificate of appealability for a specific case. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Certificate
of appealability granted by |
"Certificate
of appealability granted" is used when a trial court or an appellate
court has granted a certificate of appealability for a specific case. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Certificate
of probable cause denied by |
The court has
not found reasonable grounds for allowing a party to bring an appeal from the
decision in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Certificate
of probable cause granted by |
The court has
found valid grounds for allowing a party to bring an appeal from the decision
in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Certification
denied by |
An appellate
court has decided not to review the lower court decision in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Certification
dismissed by |
An appellate
court has refused to consider whether or not to review the lower court
decision in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Certification
granted |
Certification
has been granted for the New Jersey opinion you are SHEPARDIZING(TM) but the
case has been later affirmed on appeal.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Certification
granted by |
An appellate
court has agreed to review the lower court decision in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Certified
question answered by |
This term
indicates a court in the case you are SHEPARDIZING(TM) has abstained from
deciding a question of law and has submitted the matter to an appropriate
court, which subsequently rules on the question so certified. This often occurs between federal and state
courts on questions of state law. It
is also very common in the State of Florida between the state Supreme Court
and a District Court of Appeals.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Certiorari
or review denied by |
The citing
order denies certiorari or review in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Charge
dismissed by |
The court in
the case you are SHEPARDIZING(TM) has determined that there is an absence of
support of a claim, and has disposed of that matter without a hearing. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Cited by |
The citing
document references the Shepardized cite. SHEPARD'S Signal: Cited by. (Light
Blue) |
0 |
| Cited in
Concurring Opinion at |
A concurring
opinion cites the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Cited in
Dissenting Opinion at |
A dissenting
opinion cites the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Cited in
depublished concurring opinion at |
A concurring
opinion cites the case or statute you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Cited in
depublished dissenting opinion at |
A dissenting
opinion cites the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Cited in
questionable precedent at |
The citing case
is of questionable precedential value because it has been ordered depublished
and/or review has been granted by the California Supreme Court. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Claim
allowed by |
The phrase will
usually indicate that a bankruptcy court has granted a creditor's action
against the debtor for a disputed monetary sum in the case you are
SHEPARDIZING(TM), though it may also be used in a more general context
outside of bankruptcy to show that the court has found in favor of a cause of
action in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Claim
disallowed by |
This phrase is
most often used to show that a bankruptcy court has denied a creditor's
action against the debtor for a disputed monetary sum in the case you are
SHEPARDIZING(TM), but it can also indicate, outside the bankruptcy context,
that a cause of action by a party in the case you are SHEPARDIZING(TM) has
been denied by the court. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Claim
dismissed by |
A court
disposes of certain claims in the action you are SHEPARDIZING(TM) and usually
indicates those claims will not be considered further. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Clarified
by |
The citing
decision clarifies the revenue ruling or revenue procedure you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Clarified
by |
An opinion had
been rendered for the sole purpose of explaining the intent and meaning of
the decision in the case you are SHEPARDIZING(TM). This phrase is used where the court does
not agree to rehear arguments on the earlier decision. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Class
certification denied by |
The court does
not recognize an ascertainable class in the case you are SHEPARDIZING(TM) and
will not allow one or more parties to sue or be sued as a representatives of
the class without formally naming every member of the class; or the court
does not accept that the named representative adequately represents the
interests of the rest of the class.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Class
certification granted by |
The court in
case you are SHEPARDIZING(TM) recognizes that the interests of a
significantly large number of people are affected, and will allow one or more
to sue or be sued as representatives of that class without the need to
formally name or join every member of the class. Basically, the court believes it to be
impracticable for every interested party to appear before the court. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Commissioner
acquiesces in results only at |
The Commission
acquiesces in result only, and not in the reasoning employed to reach the
result, in the decision you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Companion
case at |
A court or
administrative opinion has specifically referred to another action as a
"companion case," "companion proceeding," "companion
appeal" or in some similar manner to the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Complaint
dismissed at |
The court has
acted to nullify the complaint in the action you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Complaint
issued |
The citing
agency has acted to issue a complaint in the action you are
SHEPARDIZING(T). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Concurring
Opinion at |
A separate
decision has been published in the case you are SHEPARDIZING(TM), in which
one or more judges agree with the prior majority decision but upon different
grounds. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Concurring
opinion in part and dissenting opinion in part at |
A separate
decision has been reported in the case you are SHEPARDIZING(TM), in which one
or more judges agree in part and disagree in part with the prior majority
decision. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Concurring
opinion withdrawn, substituted at |
A separately
reported concurring opinion in the case you are SHEPARDIZING(TM) has been
negated and supplanted by a different concurring decision. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Confirmation
denied by |
A court has
disapproved a proposed plan for reorganization upon a motion by the debtor in
the bankruptcy proceeding you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Confirmation
granted by |
A court has
approved a proposed plan for reorganization upon a motion by the debtor in
the bankruptcy proceeding that you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Confirmation
revoked by |
Typically, the
Bankruptcy Court is revoking the previously granted confirmation of the plan
for reorganization in the case you are SHEPARDIZING(TM). However, this phrase may be used with other
courts and/or outside the bankruptcy context if appropriate. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Conformed
to |
The court
enters an order in the case you are SHEPARDIZING(TM) in compliance with a
directive from a higher appellate court. SHEPARD'S Signal: Positive treatment
is indicated (Green) |
Positive (green) |
| Connected
case at |
The citing case
is related to the case you are SHEPARDIZING(TM), arising out of the same
subject matter or involving the same parties.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Connected
case, questionable precedent at |
The citing case
is related to the case you are SHEPARDIZING(TM), arising out of the same
subject matter or involving the same parties.
The citing case itself may be questionable due to a later action that
affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Considered
by |
Used with
Canadian cases when the citing case makes more than a passing reference to
the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Constitutional
by |
The citing case
upholds the constitutionality of the statute, rule or regulation you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Positive treatment is indicated (Green) |
Positive (green) |
| Constitutional
by questionable precedent at |
The citing
case, which has been ordered not published, upholds the constitutionality of
the statute, rule or regulation you are SHEPARDIZING(TM). The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Conversion
denied by |
The court in
the case you are SHEPARDIZING(TM) refuses to allow a debtor to refile and
proceed under a different chapter of the Bankruptcy Code. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Conversion
granted by |
The court in
the case you are SHEPARDIZING(TM) allows a motion by the debtor to refile and
proceed under a different chapter of the Bankruptcy Code. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Converted
by |
A bankruptcy
court of its own volition changes the chapter/rules under which the
proceeding you are SHEPARDIZING(TM) will be heard. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Corrected
by |
For
regulations, the citing reference corrects an error in the regulation you are
SHEPARDIZING(TM). For case law, the
court has issued a corrected opinion which has changed or revised its own
judgment, order or opinion in the case you are SHEPARDIZING(TM) in one or
more ways, generally by removing errors, defects or omissions, thereby
limiting the continuing validity or precedential value of the earlier case.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Correction
certificate issued at |
The citing
reference indicates that a correction certificate has been issued for the
patent you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Costs
and fees proceeding at |
This phrase is
used to reflect post-trial proceedings for counsel fees or court costs in the
case you are SHEPARDIZING(TM) or when a post-trial motion for counsel fees or
court costs is raised. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Count
dismissed at |
The court
disposes of certain counts in the complaint in the case you are
SHEPARDIZING(TM) and usually indicates they will not be considered
further. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Criticized |
The citing
opinion criticizes the statute, rule or regulation you are SHEPARDIZING(TM)
in some significant way, although the citing court may not have the authority
to materially affect its precedential value. |
Caution (yellow) |
| Criticized
as noted in concurring opinion |
A concurring
opinion criticizes the statute, rule or regulation you are SHEPARDIZING(TM)
in some significant way, although the citing court may not have the authority
to materially affect its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Criticized
as stated in |
The decision in
the case you are SHEPARDIZING(TM) has been criticized on one or more points
by a subsequent decision from a court at the same or higher level, according
to the opinion of the citing case, thereby casting some doubt on the
precedential value of the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Criticized
but reluctantly followed as stated in |
The decision of
the case you are SHEPARDIZING(TM) has been criticized on one or more points,
but nevertheless was followed as precedent in a subsequent decision from a
court at the same or lower court level, according to the opinion of the
citing case. SHEPARD'S Signal: Caution
- Possible negative treatment (Yellow) |
Caution (yellow) |
| Criticized
but reluctantly followed by |
An opinion of a
court has expressed a lack of harmony with the decision of the court of equal
or higher rank in the case you are SHEPARDIZING(TM), but feels constrained to
follow the precedent set by the case.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Criticized
by |
The citing
opinion disagrees with the reasoning/result of the case you are
SHEPARDIZING(TM), although the citing court may not have the authority to
materially affect its precedential value.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Criticized
by questionable precedent at |
The citing
opinion disagrees with the reasoning/result of the case you are
SHEPARDIZING(TM), although the citing court may not have the authority to
materially affect its precedential value.
The citing case itself may be questionable due to a later action that
affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Criticized
by questionable precedent at |
The citing
opinion criticizes the statute, rule or regulation you are SHEPARDIZING(TM)
in some significant way, although the citing court may not have the authority
to materially affect its precedential value. The citing case itself may be
questionable due to a later action that affects the precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Criticized
in |
This phrase is used when either (1) A court
has expressed its disagreement with some point of the decision you are
SHEPARDIZING(TM), without overruling the decision or (2) A court is noting
that disharmony exists between two or more prior decisions. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Criticized
in Concurring Opinion at |
The cited
opinion disagrees with the reasoning/result of the case you are
SHEPARDIZING(TM), although the citing court may not have the authority to
materially affect its precedential value. SHEPARD'S Signal: Neutral treatment
is indicated. (Dark Blue) |
Analysis (blue) |
| Criticized
in Concurring Opinion by questionable precedent at |
The concurring
opinion criticizes the statute, rule or regulation you are SHEPARDIZING(TM)
in some significant way, although the citing court may not have the authority
to materially affect its precedential value. The citing case itself may be
questionable due to a later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Criticized
in Depublished Concurring Opinion at |
The cited opinion disagrees with the
reasoning/result of the case you are SHEPARDIZING(TM), although the citing
court may not have the authority to materially affect its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Decision
for Government at |
The citing
decision holds for the Government in a dispute concerning the Code section
you are SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Decision
for Government in part at |
The citing
decision holds in part for the Government in a dispute concerning the Code
section you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Decision
for Taxpayer at |
The citing
decision holds for the taxpayer in a dispute concerning the Code section you
are SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Decision
for Taxpayer in part at |
The citing
decision holds in part for the taxpayer in a dispute concerning the Code
section you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Decision
reached on appeal by |
An appellate
court has reached a final decision on the merits of an appeal, but the
specific lower court decision from which the appeal arose is not yet
available. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Dedicated
to public by |
The citing
reference indicates that the patent you are SHEPARDIZING(TM) has been
dedicated to the public. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Dedicated
to public in part by |
The citing
reference indicates that certain claims of the patent you are
SHEPARDIZING(TM) have been dedicated to the public. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Dedicated
to public, disclaimer filed by |
The citing
reference indicates that the patent you SHEPARDIZING(TM) has been dedicated
to the public and disclaimed. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Demurrer
overruled by |
A party to the
state action you are SHEPARDIZING(TM) argues his opponent's complaint fails
to set forth a cause of action upon which relief can be granted; the court
has specifically overruled the request.
This motion is equivalent to a federal "motion to dismiss for
failure to state a claim on which relief may be granted." SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Demurrer
sustained by |
A party to the
state action you are SHEPARDIZING(TM) argues that his opponent's complaint
fails to set forth a cause of action upon which relief can be granted; the court has sustained the request and
will normally dismiss the action. This
motion is equivalent to a federal "motion to dismiss for failure to
state a claim on which relief may be granted." SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Denial
of writ of error withdrawn |
The Texas
Supreme Court has withdrawn an order in the case you are SHEPARDIZING(TM)
denying a writ of error on the motion of a party under Rule 134 of the Texas
Rules of Appellate Procedure.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Different
results reached on reconsideration by |
A court has
reheard/revisited the case you are SHEPARDIZING(TM) and arrives at a
conclusion different from that reached in the earlier decision. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Different
results reached on rehearing at |
When a court
rehears the case you are SHEPARDIZING(TM) and arrives at a conclusion
different from that reached in its own earlier decision, but does not specify
that the earlier decision is, itself, modified. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Digest
opinion at |
A brief
synopsis of the opinion you are SHEPARDIZING(TM) appears at the citation
indicated. This phrase is often found
in the context of cases involving the Occupational Safety and Health
Administration. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Direct
appeal filed by |
The citing
reference notes the filing of a direct appeal in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Disapproved
as stated in |
The decision in
the case you are SHEPARDIZING(TM) has been rejected on one or more points by
the subsequent decision from a higher court, according to the opinion of the
citing case, thereby casting some doubt on the precedential value of the case
you are SHEPARDIZING(TM). SHEPARD'S
Signal: Questioned: Validity questioned by citing refs (Orange) |
Question
(orange) |
| Disapproved
by |
An opinion of a
higher court has expressed a lack of harmony with the decision in the case
you are SHEPARDIZING(TM), thereby casting some doubt on the continuing
validity or precedential value of the lower court case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Disapproved
in |
This phrase is
primarily encountered in Florida Supreme Court opinions where the court
rejects the reasoning of the District Court of Appeals decision in the case
you are SHEPARDIZING(TM). SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Discharge
denied by |
A debtor's
request to be relieved of an obligation to repay their debts has been refused
by a bankruptcy court in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Discharge
granted by |
A bankruptcy
court finds that the debtor's claim in the case you are SHEPARDIZING(TM) is
dischargeable and relieves them of the obligation to repay their debt. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Discharge
revoked by |
Typically, the
Bankruptcy Court is revoking the previously granted discharge of a claim in
the case you are SHEPARDIZING(TM) from a debtor's bankruptcy. However, this phrase may be used with other
courts and/or outside the bankruptcy context if appropriate. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Discharged
by |
A court is
releasing a party in the case you are SHEPARDIZING(TM) from an obligation to
satisfy a prior debt or claim.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Disclaimer
filed and dedicated to public at |
The citing
reference indicates that the patent you are SHEPARDIZING(TM) has been
disclaimed and dedicated to the public.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Disclaimer
filed at |
The citing
reference indicates that a disclaimer has been entered as to the patent you
are SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Disclaimer
filed in part at |
The citing
reference indicates that a disclaimer has been entered as to certain claims
of the patent you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Disclaimer
filed, US Government Owned at |
The citing
reference indicates that the patent you are SHEPARDIZING(TM) has been
disclaimed and is owned by the U.S. government. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Discretionary
appeal allowed by |
An appellate
court has exercised its discretion to allow an appeal to review the lower
court or agency judgment in the case you are SHEPARDIZING(TM). It is similar
to "appeal granted", but tracks the court's language more
specifically. SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Discretionary
appeal allowed by |
An appellate
court has accepted an appeal to review a lower court or agency judgment.
Subsequently, the appeal has been discontinued or there has been an
affirmance. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Discretionary
appeal not allowed by |
An appellate
court has exercised its discretion to not allow an appeal to review the lower
court or agency judgment in the case you are SHEPARDIZING(TM). The earlier case is still good law and
further appeal is possible if a higher court exists. It is similar to "appeal denied",
but tracks the court's language more specifically. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Dismissed
by |
The citing case
dismisses an appeal from the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Dismissed
without opinion by |
A court opinion
indicates that the case you are SHEPARDIZING(TM) has been dismissed without
discussing any rationale. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Dismissed
without prejudice by |
The case you
are SHEPARDIZING(TM) has been dismissed but not on the merits. The action may be revived in the
future. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Dissenting
Opinion at |
A separate
decision has been published in the case you are SHEPARDIZING(TM), in which
one or more judges disagree with the prior majority opinion. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Dissenting
opinion at, questionable precedent at |
A dissenting
opinion cites the case you are SHEPARDIZING(TM). The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Dissenting
opinion modified at |
This phrase
indicates that one or more judges disagree with the majority opinion in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Dissenting
opinion withdrawn, substituted at |
The dissenting
opinion in the case you are SHEPARDIZING(TM) has been negated and supplanted
by a different dissent. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Distinguished
by |
The citing case
differs from the case you are SHEPARDIZING(TM), either involving dissimilar
facts or requiring a different application of the law. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Distinguished
by |
The case you
are SHEPARDIZING(TM) has been distinguished from the subsequent citing case
by a higher court or by a later decision.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Distinguished
by questionable precedent at |
The citing case
differs from the case you are SHEPARDIZING(TM), either involving dissimilar
facts or requiring a different application of the law. The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Distinguished
in Concurring Opinion at |
The citing case
differs from the case you are SHEPARDIZING(TM), either involving dissimilar
facts or requiring a different application of law. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Distinguished
in Depublished Concurring Opinion at |
The citing case
differs from the case you are SHEPARDIZING(TM), either involving dissimilar
facts or requiring a different application of law. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| En banc |
A phrase used
in combination with some other history phrase (e.g., aff'd, en banc) to
signify that all the judges of a court have met to decide a case, in contrast
to a session of the court presided over by a single justice or panel of
judges. This is significant because an
'en banc' decision is considered to have more precedential value or 'weight
of authority'. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Enforced
as modified by |
The court
decision or ruling in the case you are SHEPARDIZING(TM) has been changed and
subsequently put into effect by a higher court. This phrase most often appears in cases to
which the National Labor Relations Board is a party. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Enforced
by |
The court
decision or ruling in the case you are SHEPARDIZING(TM) has been put into
effect by a higher court. This phrase
most often appears in cases in which the National Labor Relations Board is a
party. SHEPARD'S Signal: Positive
treatment is indicated (Green) |
Positive (green) |
| Enforced
in part and enforcement denied in part by |
The court
decision or ruling in the case you are SHEPARDIZING(TM) has been only
partially put into effect by a higher court.
This phrase most often appears in cases to which the National Labor
Relations Board is a party. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Enforced
in part and vacated in part by |
The court
decision or ruling in the case you are SHEPARDIZING(TM) has been partially
put into effect and partially nullified by a higher court. This phrase most often appears in cases to
which the National Labor Relations Board is a party. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Enforced
in part, enforcement denied in part, and remanded in part by |
The court
decision or ruling in the case you are SHEPARDIZING(TM) has been partially
put into effect by a higher court. The
part(s) of the decision not put into effect have been remanded to the lower
court. This phrase most often appears
in cases to which the National Labor Relations Board is a party. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Enforced
without opinion by |
The court
decision or ruling in the case you are SHEPARDIZING(TM) has been put into
effect by a higher court, but the court does not discuss any rationale
applied in reaching this decision.
This phrase most often appears in cases to which the National Labor
Relations Board is a party. SHEPARD'S
Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Enforcement
denied and remanded by |
An appellate
court has reviewed the lower court order or administrative ruling in the case
you are SHEPARDIZING(TM) and declined to grant a decree to put into effect,
while returning the case to the lower court or agency for some further
proceeding. This phrase is often used
with labor cases in which the National Labor Relations Board is a party. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Enforcement
denied by |
An appellate
court has reviewed the lower court order or administrative ruling in the case
you are SHEPARDIZING(TM) and declined to grant a decree to put it into
effect. This phrase is often used with
labor cases in which the National Labor Relations Board is a party. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Enforcement
denied without opinion by |
An appellate
court has reviewed the lower court order or administrative ruling in the case
you are SHEPARDIZING(TM) and declined to grant a decree to put it into
effect, but without a written opinion discussing its reasons for denying
enforcement. This phrase is often used
with labor cases in which the National Labor Relations Board is a party. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Enforcement
granted by |
An appellate
court has reviewed an upheld the lower court order or administrative ruling
in the case you are SHEPARDIZING(TM) and granted a decree to put it into
effect. This phrase is often used with
cases in which the National Labor Relations Board is a party. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Enforcement
granted in part and denied in part by |
An appellate
court has only partially upheld the lower court order or administrative
ruling in the case you are SHEPARDIZING(TM) and granted a decree to only
partially put it into effect. This
phrase is often used with labor cases in which the National Labor Relations
Board is a party. SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Examiner's
decision at |
The examiner's
decision cites the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Exception
to discharge denied by |
This phrase is
used in connection with bankruptcy proceedings to reflect a court's negative
response to a creditor's complaint in the case you are SHEPARDIZING(TM)
seeking an exception to the discharge of a debt. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Exception
to discharge granted by |
This phrase is
used in connection with bankruptcy proceedings to reflect a court's positive
response to a creditor's complaint in the case you are SHEPARDIZING(TM)
seeking an exception to the discharge of a debt. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Exceptions
overruled by |
Reflecting the
court language, this phrase is used in response to an objection to an order
or ruling of the trial court in the case you SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Exceptions
sustained by |
Reflecting the
court's language, this phrase is used in response to an objection to an order
or ruling of the trial court in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Exclusion
order issued |
In the decision
you are SHEPARDIZING (TM) the Agency Commission has issued an exclusion order
which bars the importation of infringing goods and entry of excluded articles
into the United States. |
Analysis (blue) |
| Exemption
allowed by |
This phrase is
used in bankruptcy proceedings when the court has determined that certain
property in the case you are SHEPARDIZING(TM) will be exempt from inclusion
in the bankruptcy estate. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Exemption
disallowed by |
This phrase is
used in bankruptcy proceedings when the court has determined that certain
property in the case you are SHEPARDIZING(TM) will not be exempt and will be
included in the bankruptcy estate.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Explained
by |
The citing
opinion interprets or clarifies the case you are SHEPARDIZING(TM) in a
significant way. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Explained
by questionable precedent at |
The citing
opinion interprets or clarifies the case you are SHEPARDIZING(TM) in a
significant way. The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Explained
in Concurring Opinion at |
The citing
opinion interprets or clarifies the case you are SHEPARDIZING(TM) in a
significant way. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Explained
in Depublished Concurring Opinion at |
The citing
opinion interprets or clarifies the case you are SHEPARDIZING(TM) in a
significant way. (Dark Blue) |
Analysis (blue) |
| Extended
by |
The citing
reference extends the scope of, or the time period specified in, the statute,
regulation or order you are SHEPARDIZING(TM). SHEPARD'S Signal: Positive
treatment is indicated (Green) |
Positive (green) |
| Extension
granted by |
The citing
reference indicates that an extension has been granted as to the patent you
are SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Extension
granted in part by |
The citing
reference indicates that an extension has been granted as to certain claims
of the patent you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Extension
refused by |
The citing
reference indicates that an extension has been refused as to the patent you
are SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Final
Determination |
In the decision
you are SHEPARDIZING (TM), an agency commission or board has rendered a
determinative opinion /ruling based on an investigation into alleged
violations. |
Analysis (blue) |
| Findings
of fact/conclusions of law at |
The court has evaluated the facts and
evidence presented in the case you are SHEPARDIZING(TM) and arrived at a
determination regarding the final judgment. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Followed
by |
The citing
opinion relies on the case you are SHEPARDIZING(TM) as controlling or
persuasive authority. SHEPARD'S
Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Followed
by |
The citing
opinion addresses an issue regarding the application of statutes, rules or
regulations and expressly finds the statute, rule or regulation you are
SHEPARDIZING(TM) applicable to the legal or factual circumstances of the
citing case. SHEPARD'S Signal:
Positive treatment is indicated (Green) |
Positive (green) |
| Followed
by questionable precedent at |
The citing
opinion relies on the case you are SHEPARDIZING(TM) as controlling or
persuasive authority. The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Followed
by questionable precedent at |
The citing
opinion, which has been ordered depublished, expressly relies on the statute,
rule or regulation you are SHEPARDIZING(TM) as controlling authority. The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Followed
in Concurring Opinion at |
The citing
opinion relies on the case you are SHEPARDIZING(TM) as controlling or
persuasive authority. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Followed
in Depublished Concurring Opinion at |
The citing
opinion relies on the case you are SHEPARDIZING(TM) as controlling or
persuasive authority. SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Followed
in Depublished Concurring Opinion at |
In a concurring
opinion, the cited statute, rule or regulation you are SHEPARDIZING(TM) is
considered by the citing opinion as controlling authority with respect to the
legal or factual circumstances of the citing case, and the citing case has
been ordered depublished by a California appellate court. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Followed
in a concurring opinion at |
The concurring
opinion addresses an issue regarding the application of statutes, rules or
regulations and expressly finds the statute, rule, or regulation you are
SHEPARDIZING(TM) applicable to the legal or factual circumstances of the
citing case. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Government
owned patent at |
The citing
reference indicates that the patent you are SHEPARDIZING(TM) is owned by the
U.S. government. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Grant of
writ of error withdrawn |
After
submission of the case, the Texas Supreme Court has determined that the Court
of Appeals has rendered a correct judgment in the case you are
SHEPARDIZING(TM), and that a writ of error should not have been granted under
Rule 133 of the Texas Rules of Appellate Procedure. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Granted
and Citable by |
The citing
reference grants review of the case you are SHEPARDIZING(TM), and orders that
it remains published. (Dark Blue) |
Analysis (blue) |
| Habeas
corpus denied by |
The citing
order refuses to issue a writ of habeas corpus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Habeas
corpus proceeding at |
Following the
conviction in the case you are SHEPARDIZING(TM), the prisoner has brought an
action that does not bear on the issue of guilt or innocence, but rather
questions whether the petitioner was denied due process or other constitution
right(s) during his trial. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Harmonized
by |
The citing case
differs from the case you are SHEPARDIZING(TM), but the citing court
reconciles the difference or inconsistency in reaching its decision. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Harmonized
by questionable precedent at |
The citing case
differs from the case you are SHEPARDIZING(TM), but the citing court
reconciles the difference or inconsistency in reaching its decision. The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Harmonized
in Concurring Opinion at |
The citing case
differs from the case you are SHEPARDIZING(TM), but the citing court
reconciles the difference or inconsistency in reaching its decision. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Harmonized
in Depublished Concurring Opinion at |
The citing case
differs from the case you are SHEPARDIZING(TM), but the citing court
reconciles the difference or inconsistency in reaching its decision. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Hearing
denied by Supreme Court as reported in |
A court notes
that the earlier, unrelated decision by the California Court of Appeals has
become final, with the California Supreme Court refusing a petition for
hearing of that case. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Hearing
denied by Supreme Court by |
The California
Supreme Court has denied a petition for a hearing after the decision of the
Court of Appeals has become final under the California Rules of Appellate
Procedure. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Hearing
granted by Supreme Court by |
The California
Supreme Court, after the decision of the Court of Appeal in the case you are
SHEPARDIZING(TM) has become final, has ordered the cause of the decision
appealed from transferred to itself for hearing and decision under the
California Rules of Appellate Procedure.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Hearing
granted by Supreme Court, appeal dismissed by |
The California
Supreme Court, after the decision of the Court of Appeal in the case you are
SHEPARDIZING(TM) has become final, has ordered the cause transferred to
itself for hearing, and has turned down the appeal. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Hearing
granted by Supreme Court, transferred by |
Following the
decision by the Court of Appeals in the case you are SHEPARDIZING(TM), the
California Supreme Court has agreed to a hearing on the matter and has
transferred the action to its court. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Held in
Abeyance at |
An application
for leave to appeal has been held in abeyance pending resolution of another
case or cases. Subsequently, the application has been denied or discontinued.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Held in
abeyance at |
The citing
reference orders that an application for leave to appeal be held in abeyance
pending resolution of another case or cases.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Held in
abeyance at |
An application
for leave to appeal has been held in abeyance in the case you are
SHEPARDIZING(TM) pending the resolution of another case or cases. |
Caution (yellow) |
| Improved
at |
The citing
reference adds an improvement to the patent you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| In part |
A court has
rendered an opinion that is to some extent limited in its scope or
application (i.e. an appellate court affirms some aspects of a lower court
opinion while reversing on other points; or grants a motion by a petitioner
to some degree, while rejecting other parts of its). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Infringed
by |
The citing case
holds that the patent, copyright or trademark you are SHEPARDIZING(TM) is
infringed. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Infringed
in part by |
The citing case
holds that certain claims of the patent, copyright or trademark you are
SHEPARDIZING(TM) are infringed.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Infringing
by |
The
intellectual property citation you are SHEPARDIZING(TM), was identified as
infringing upon one or more other intellectual property citations. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Infringing
in part by |
The
intellectual property citation you are SHEPARDIZING(TM), was identified as
partially infringing upon one or more other intellectual property
citations. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Injunction
denied by |
A party to the
action you are SHEPARDIZING(TM) has filed a motion for an injunction with the
court to forbid the opposing party from doing or to require him to do some
act; the court has denied the request. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Injunction
filed at |
A party to the
action you are SHEPARDIZING(TM) has filed a request with the court to forbid
the defendant from doing or to require him to do some act. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Injunction
granted at |
A party to the
action you are SHEPARDIZING(TM) has filed a motion for an injunction with the
court to forbid the opposing party from doing or to require him to do some
act; the court has granted the request. SHEPARD'S Signal: Neutral treatment
is indicated. (Dark Blue) |
Analysis (blue) |
| Interim
decision at |
An interim
decision, typically by an administrative law judge, cites the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Interlocutory
appeal filed by |
An appeal of
the matter you are SHEPARDIZING(TM) has been filed; this appeal is not determinable of the
dispute, but is nonetheless necessary for a suitable decision on the
merits. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Interpreted
in Depublished Concurring Opinion at |
In a concurring
opinion, the cited statute, rule or regulation you are SHEPARDIZING(TM) is
explained in some significant way, and the citing case has been ordered
depublished by a California appellate court.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Interpreted
in a concurring opinion at |
A concurring
opinion interprets the statute, rule, or regulation you are SHEPARDIZING(TM)
in some significant way, often including a discussion of its legislative
history. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Interpreted
or construed by |
The citing
opinion interprets the statute, rule or regulation you are SHEPARDIZING(TM)
in some significant way, often including a discussion of the statute's
legislative history. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Interprets
or construes by questionable precedent at |
The citing opinion, which has been ordered
depublished, interprets the statute, rule or regulation you are
SHEPARDIZING(TM) in some significant way, often including a discussion of the
statute's legislative history. The
citing case itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Invalid
in part, Disclaimer filed at |
The citing
reference notes that the patent you are SHEPARDIZING(TM) is held void,
invalid or unenforceable in part and a disclaimer has been filed. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Invalid
in part, questionable precedent at |
The citing
case, which has been ordered depublished, declares void or invalid part of
the statute, rule, regulation or order you are SHEPARDIZING(TM) because it
conflicts with an authority that takes priority. The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Invalid,
Not Infringed in part at |
The citing case
holds that certain claims of the patent you are SHEPARDIZING(TM) are void,
invalid or unenforceable and/or not infringed. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Judgment
entered by |
This phrase is
used to connote the fact that the court in the case you are SHEPARDIZING(TM)
has formally rendered an opinion determinative of the rights and obligations
of the parties to the suit. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Judicial
Review Allowed |
Used with
Canadian cases when the court grants an application for relief from an
administrative decision. SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Judicial
Review Denied |
Used with
Canadian cases when the court refuses an application for relief from an
administrative decision. SHEPARD'S
Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Jurisdiction
discharged by |
Having
previously accepted jurisdiction over the case you are SHEPARDIZING(TM), the
court now declines jurisdiction, determining that it does not have the power
or authority to hear the case. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Jurisdiction
noted by |
A phrase used
only with Supreme Court cases, when the court has entered an order noting
probable jurisdiction of the appeal of the case you are SHEPARDIZING(TM),
after the appellant has filed a jurisdictional statement pursuant to the
court rules. There will likely be a
subsequent opinion by the court to indicate its disposition on the merits of
the appeal. SHEPARD'S Signal: Caution
- Possible negative treatment (Yellow) |
Caution (yellow) |
| Jurisdiction
noted by |
The Supreme
Court has entered an order noting
probable jurisdiction of an appeal, after the appellant had filed a
jurisdictional statement pursuant to the court rules. Subsequently, the
appeal has been denied or discontinued. SHEPARD'S Signal: Neutral treatment
is indicated. (Dark Blue) |
Analysis (blue) |
| Jurisdiction
postponed by |
A phrase
generally used with Supreme Court and Federal District Court cases, when the
court has entered an order in the case you are SHEPARDIZING(TM) deferring its
decision on accepting jurisdiction in the case until questions regarding the
authority of the court to take jurisdiction are answered. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Later
proceeding at |
This phrase is
used to connect together cases from the same direct litigation chain, when
the use of a more specific or dispositive phrase is not appropriate or
possible. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Leave to
Appeal Dismissed |
The citing
order dismisses a motion / petition / application for leave to appeal in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Leave to
Appeal Granted |
The citing
order grants a motion / petition / application for leave to appeal in the
case you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution-Possible negative
treatment (Yellow) |
Caution (yellow) |
| Leave to
appeal allowed by |
Used with
Canadian cases where the citing decision allows leave to appeal or an
application for leave to appeal in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Leave to
appeal denied by |
The citing
order denies a motion / petition / application for leave to appeal in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Leave to
appeal granted by |
A motion,
petition or other form of application for leave to appeal the cited case has
been granted. Subsequently, the appeal has been discontinued or there has
been an affirmance. SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Leave to
appeal refused by |
Used with
Canadian cases where the citing decision refuses leave to appeal or
application for leave to appeal in the case you are SHEPARDIZING(TM). |
0 |
| Limited
by |
In case law,
the citing opinion restricts the application of the case you are
SHEPARDIZING(TM), finding its reasoning applies only in specific, limited
circumstances. For statutes, regulations or administrative rulings, the
citing reference refuses to extend the statute, regulation or order you are
SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Limited
by, questionable precedent at |
The citing
opinion restricts the application of the case you are SHEPARDIZING(TM),
finding that its reasoning applies only in specific, limited
circumstances. The citing case itself
may be questionable due to a later action that affects its precedential
value. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Limited
in Concurring Opinion at |
The citing
opinion restricts the application of the case you are SHEPARDIZING(TM),
finding that its reasoning applies only in specific, limited
circumstances. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Limited
in Depublished Concurring Opinion at |
The citing
opinion restricts the application of the case you are SHEPARDIZING(TM),
finding that its reasoning applies only in specific, limited
circumstances. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Limited,
Infringed by |
The citing case
holds that the patent you are SHEPARDIZING(TM) is limited and infringed. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Limited,
Not Infringed by |
The citing case
holds that the patent you are SHEPARDIZING(TM) is limited and not
infringed. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Limited,
Not Infringed in part by |
The citing case
holds that certain claims of the patent you are SHEPARDIZING(TM) are limited
and not infringed. SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Limited,
not infringed, void by |
The citing case
holds that certain claims of the patent you are SHEPARDIZING(TM) are limited,
not infringed, and void, invalid or unenforceable. SHEPARD'S Signal: Warning
- Negative treatment is indicated (Red) |
Warning (red) |
| Magistrate's
recommendation at |
A judicial
officer, having some but no all the powers of a federal District Court judge,
has made a preliminary or pretrial findings in the case you are
SHEPARDIZING(TM). Generally such
recommendations will eventually be considered by a judge. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Mandamus
dismissed by |
The citing
order dismisses petition for writ of mandamus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Mandate
issued in |
A mandate has
been issued from the United States Court of Appeals for the Armed Forces in
the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Modification
denied by |
A party to the
case you are SHEPARDIZING(TM) has moved the court to change or revise its
earlier decision; the court has denied the request, specifically using the
phrase "modification denied." SHEPARD'S Signal: Neutral treatment
is indicated. (Dark Blue) |
Analysis (blue) |
| Modification
order at |
The citing
order modifies or changes in some way the case you are SHEPARDIZING(TM). SHEPARD'S signal: Cited and neutral
analysis indicated. SHEPARD'S Signal:
Neutral treatment is indicated.(Dark Blue) |
Analysis (blue) |
| Modified
and rehearing denied by |
On a motion for
rehearing of the case you are SHEPARDIZING(TM), a court has agreed to modify
the decision but refuses to rehear the case.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Modified
by |
On appeal,
reconsideration or rehearing, the citing case modifies or changes in some
way, including affirmance in part and reversal in part, the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Modified
by |
The citing
reference, typically a session law or other record of legislative action, or
a record of administrative action, modifies the statute, regulation or order
you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Modified
by questionable precedent at |
On appeal,
reconsideration or rehearing, the citing case modifies or changes in some
way, including affirmance in part and reversal in part, the case you are
SHEPARDIZING(TM). The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Modified
in |
A treatment
phrase used only between older INS cases.
The ruling in the INS decision you are SHEPARDIZING(TM) has been
modified or altered by the subsequent decision. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Modified
in part and reversed in part by |
An appellate
court has modified part of the judgment of the lower court in the case you
are SHEPARDIZING(TM) and has overturned the remainder of it. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Moot |
Having
determined that a case is moot, the Texas Supreme Court has granted petition
for review or petition for mandamus and, without having heard argument, has
dismissed the case you are SHEPARDIZING(TM) or the appealable portion of it
without addressing the merits.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
denied by |
A party to the
action you are SHEPARDIZING(TM) has moved the court for a rule or order
directing some act to be done in their favor; the court has denied the
request. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
dismissed by |
A party to the
action you are SHEPARDIZING(TM) has moved the court for a rule or order
directing some act to be done in their favor;
the court refuses to consider the motion - usually due to mootness.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
for extension of time overruled by |
A motion to
extend the time to file a petition for review has been overruled in the case
you are SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
for new trial denied by |
A party to the
action you are SHEPARDIZING(TM) has moved the court to set aside the judgment
and order a new trial, arguing that the trial was unfair or improper due to
the occurrence of specified prejudicial errors; the court has denied the request. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Motion
for new trial granted by |
A party to the
action you are SHEPARDIZING(TM) has moved the court to set aside the judgment
and order a new trial, arguing that the trial was unfair or improper due to
occurrence of specified prejudicial errors; the court has granted the
request. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Motion
for rehearing on petition for discretionary review denied by |
The motion of a
party for rehearing of an argument on a petition for discretionary review
under Rule 190 of the Texas Rules of Appellate Procedure has been
denied. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
for rehearing on petition for discretionary review dismissed by |
The motion of a
party for rehearing of an argument on a petition for discretionary review
under Rule 190 of the Texas Rules of Appellate Procedure has been dismissed.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
for rehearing on petition for discretionary review granted by |
The motion of a
party for rehearing of an argument on a petition for discretionary review
under Rule 190 of the Texas Rules of Appellate Procedure has been granted in
the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Motion
for rehearing on petition for discretionary review granted by |
The motion of a
party for rehearing of an argument on a petition for discretionary review has
been granted. Subsequently, rehearing has been discontinued. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
for rehearing on petition for discretionary review overruled by |
The motion of a
party for rehearing of an argument on a petition for discretionary review
under Rule 190 of the Texas Rules of Appellate Procedure has been
overruled. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
for rehearing on petition for discretionary review refused by |
The motion of a
party for rehearing of an argument on a petition for discretionary review
under Rule 190 of the Texas Rules of Appellate Procedure has been
refused. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
for rehearing on petition for review denied by |
The motion of a
party for rehearing of an argument on a petition for review by the Texas
Supreme Court has been denied in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Motion
for rehearing on petition for review granted by |
The motion of a
party for rehearing of an argument on a petition for review by the Texas
Supreme Court has been granted in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Motion
for rehearing on petition for review granted by |
A motion for
rehearing on a petition for review has been granted in the cited case.
Subsequently, rehearing has been discontinued. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
for rehearing on petition for review overruled by |
The motion of a
party for rehearing of an argument on a petition for review by the Texas
Supreme Court has been overruled in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Motion
granted by |
A party to the
action you are SHEPARDIZING(TM) has moved a court for a rule or order
directing some act to be done in their favor;
the court has granted the request. SHEPARD'S Signal: Neutral treatment
is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
overruled by |
A party to the
action you are SHEPARDIZING(TM) has moved the court for a rule or order
directing some act to be done in their favor; the court has overruled the
request. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
refused by |
A party to the
action you are SHEPARDIZING(TM) has moved the court for a rule or order
directing some act to be done in their favor;
the court has rejected the request, specifically using the phrase
"motion refused." SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
sustained by |
A party to the
action you are SHEPARDIZING(TM) has moved the court for a rule or order
directing some act to be done in their favor;
the court has granted the request, specifically using the phrase
"motion sustained."
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
to certify record allowed by |
The motion of a
party to certify the record of the case you are SHEPARDIZING(TM) has been
allowed. This phrase is used only with
older Ohio cases which are cited without reference. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
to certify withdrawn by |
The motion of a
party to certify the record of the case you are SHEPARDIZING(TM) has been
withdrawn. This phrase is used only
with older Ohio cases which are cited without reference. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
to dismiss appeal denied by |
A party to the
action has moved the appellate court to refuse to consider an appeal from the
decision in the case you are SHEPARDIZING(TM); the appellate court has denied
the request. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
to dismiss appeal withdrawn by |
A request that
an appellate court refuse to consider an appeal from the decision in the case
you are SHEPARDIZING(TM) has been withdrawn upon the request by the moving
party. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
to modify denied by |
A court has
denied a request to change or alter its decision in the case you
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
to set aside overruled by |
A court has
rejected a request to abandon the decision of the case you are
SHEPARDIZING(TM); the request is specifically identified as a "motion to
set aside." SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
to strike denied by |
A court has
refused to have some element of the pleading in the case you are
SHEPARDIZING(TM) stricken from the record, such as a defense or cause of
action, or has refused a request specifically identified as a "motion to
strike." SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
to strike granted by |
At the request
of the one of the parties, the court has stricken a defense or cause of
action from the pleading in the case you are SHEPARDIZING(TM), or has granted
a request specifically identified as a "motion to strike."
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motion
to vacate denied by |
A court has
denied a request to abandon the decision of the case you are
SHEPARDIZING(TM); the request is
specifically identified as a "motion to vacate." SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Motion
withdrawn by |
A motion in the
case you are SHEPARDIZING(TM) pending before a court has ended upon request
of the moving party. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Motions
ruled upon by |
This phrase is
generally used when multiple motions are heard in the case you are
SHEPARDIZING(TM) and resolved within a single opinion. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Negatively
impacted by legislation |
A point of law
in the case you are Shepardizing has been negatively impacted by legislative
action. |
Caution (yellow) |
| Nonacquiescence
by Commissioner at |
The
Commissioner refuses to acquiesce in the reasoning or result of the decision
you are SHEPARDIZING(TM). SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Nonacquiescence
by Commissioner at |
The
Commissioner does not agree with the legal reasoning or result of the case
you are SHEPARDIZING(TM) which was decided against the IRS. The IRS may take an appeal, if timely, or
relitigate any issues in the future.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Nonacquiescence
by Commissioner in part at |
The
Commissioner does not agree with some of the issues or part of the result in
the case you are SHEPARDIZING(TM) which was decided against the IRS. The IRS may take an appeal, if timely, or
relitigate those issues not agreed with in the future. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Nonacquiescence
by Commissioner in part withdrawn at |
Although the
Commissioner has previously disagreed with some of the issues and a portion
of result in the case you are SHEPARDIZING(TM) which was decided against the
IRS, that disagreement is reversed.
The IRS may not take an appeal, or relitigate in the future, any parts
of the decision with which the Commissioner did not previously agree. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Nonacquiescence
by Commissioner withdrawn at |
Although the
Commissioner had previously disagreed with the legal reasoning or with the
result of the case you are SHEPARDIZING(TM) which was decided against the
IRS, that disagreement is reversed.
The IRS may not take an appeal on any issues and may not relitigate
those issues in the future. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Nonacquiescence
by Commissioner withdrawn in part at |
Although the
Commissioner had previously disagreed with the legal reasoning, or with the
result, of the case you are SHEPARDIZING(TM) which was decided against the
IRS, that disagreement is reversed as to some issues and part of the result. The IRS may not take an appeal or
relitigate in the future those issues as to which disagreement has been
reversed. SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Not
Citable, Order Not Published (see Cal. R. of Ct.) |
Pursuant to
California Rules of Court, this case is of questionable
precedential value because it is unpublished or because it has been ordered
depublished. (Publication status
should be verified before using the case in California.) SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red). |
Warning (red) |
| Not
Recommended for Publication by |
The citing
reference concludes that the decision you are SHEPARDIZING(TM) is not
recommended for publication. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Not
applicable by questionable precedent in |
The citing
opinion, which has been ordered depublished , expressly finds the statute,
rule or regulation you are SHEPARDIZING(TM) inapplicable to the legal or
factual circumstances of the citing case.
The citing case itself may be questionable due to a later action that
affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Not
applicable in |
The citing
opinion expressly finds the statute, rule or regulation you are
SHEPARDIZING(TM) inapplicable to the legal or factual circumstances of the
citing case. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Not
applicable in Depublished Concurring Opinion at |
In a concurring
opinion, the cited statute, rule or regulation you are SHEPARDIZING(TM) is
held to be inapplicable to the legal issue or factual circumstances of the
citing case, and the citing case has been ordered depublished by a California
appellate court. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Not
applicable in concurring opinion at |
The concurring
opinion expressly finds the statute, rule, or regulation you are
SHEPARDIZING(TM) inapplicable to the legal or factual circumstances of the
citing case. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Not
followed as stated in |
The decision of
the case you are SHEPARDIZING(TM) has not been followed on one or more points
in a subsequent decision from a lower court, according to the opinion of the
citing case, thereby casting some doubt on the precedential value of the case
you are SHEPARDIZING(TM). SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed by |
An opinion of a
lower court has expressed a lack of harmony with the decision of the higher
court in the case you are SHEPARDIZING(TM), thereby casting doubt on the
continuing validity or precedential value of the higher court case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed by |
Used with
Canadian cases when an opinion in the citing case has expressed a lack of
harmony with the decision of the case you are SHEPARDIZING(TM), thereby
casting doubt on the continuing validity or precedential value of the case
you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 10th Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the Tenth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 11th Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the Eleventh Circuit Court of
Appeals. This phrase is found in
subsequent treatment history of Immigration and Naturalization decisions
only. SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 1st Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the First Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 2nd Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the Second Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 3rd Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the Third Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 4th Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the Fourth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 5th Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the Fifth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 6th Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the Sixth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 7th Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the Seventh Circuit Court of
Appeals. This phrase is found in
subsequent treatment history of Immigration and Naturalization decisions
only. SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 8th Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the Eighth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in 9th Circuit at |
The higher court decision in the case in you
are SHEPARDIZING(TM) is not recognized as having precedential value except in
the Ninth Circuit Court of Appeals.
This phrase is found in subsequent treatment history of Immigration
and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in D.C. Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the District of Columbia Circuit Court of
Appeals. This phrase is found in
subsequent treatment history of Immigration and Naturalization decisions
only. SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed except in Federal Circuit at |
The higher
court decision in the case in you are SHEPARDIZING(TM) is not recognized as
having precedential value except in the Federal Circuit Court of
Appeals. This phrase is found in
subsequent treatment history of Immigration and Naturalization decisions
only. SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 10th Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Tenth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 11th Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Eleventh Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 1st Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the First Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 2d Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Second Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 3d Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Third Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 4th Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Fourth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 5th Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Fifth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 6th Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Sixth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 7th Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Seventh Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 8th Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Eighth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in 9th Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Ninth Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in D.C. Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the District of Columbia Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
followed in Federal Circuit by |
The higher
court decision you are SHEPARDIZING(TM) is not recognized as having
precedential value in the Federal Circuit Court of Appeals. This phrase is found in subsequent
treatment history of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Not
infringed by |
The citing case
holds that the patent, copyright or trademark you are SHEPARDIZING(TM) is not
infringed. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Not
infringed in part by |
The citing case
holds that certain claims of the patent you are SHEPARDIZING(TM) are not
infringed. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Not
published by |
The citing
reference orders the Reporter of Decisions not to publish the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Notice
of appeal dismissed by |
A document
declaring the intention to appeal has been filed in the case you are
SHEPARDIZING(TM) with the appellate court and served upon the opposing
party; without consideration, the
court has refused to accept the notice, usually because the appellant has
failed to follow proper procedural rules for filing such a notice. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Nullified
by |
The citing case
nullifies the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Objection
denied by |
This phrase
generally indicates that an argument in the case you are SHEPARDIZING(TM) has
been rejected by the court. In the
specific context of a bankruptcy proceeding, it means that a creditor's
objection to a debtor's proposal for reorganization has been refused. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Objection
granted by |
An objection or
challenge by a party has been granted in the case you are SHPEARDIZING
(TM). SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Objection
overruled by |
A party's
argument in the case you are SHEPARDIZING(TM) is not sustained. This term is frequently encountered in
bankruptcy proceedings where a creditor objects to a proposed reorganization
by the debtor; generally, where the plan is confirmed, the creditor's
objection has been denied or overruled.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Objection
sustained by |
A party has
raised an argument in the case you are SHEPARDIZING(TM) and the court has
upheld it. In the context of a
bankruptcy proceeding, it indicates that a court has found merit to a
creditor's challenge of the debtor's proposed reorganization. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Obsoleted
by |
The citing
reference, typically a record of administrative action, renders obsolete the
regulation or order you are SHEPARDIZING(TM). SHEPARD'S Signal: Warning -
Negative treatment is indicated (Red) |
Warning (red) |
| Obsoleted
by |
Obsoleted is
used when the citing decision renders obsolete the cited statute or
regulation. |
Warning (red) |
| Obsoleted
in part by |
The citing
reference, typically a record of administrative action, renders obsolete part
of the regulation or order you are SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| On
reconsideration by |
Similar to
"on rehearing", a court has decided to reexamine the prior decision
in the case you are SHEPARDIZING(TM), but usually without any further
argument by the parties, in order to correct an error or address a new issue. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| On
reconsideration by |
A second or
further consideration of a matter has been undertaken by the court that
rendered the original decision. On that reconsideration, the court expressly
adheres to the entirety of the original decision. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| On
rehearing at |
This phrase
indicates a second consideration of the matter by same court in the case you
are SHEPARDIZING(TM), often with additional argument by the parties, for the
purpose of correcting or clarifying the prior order or to address a newly
raised issue. SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| On
rehearing at |
A second or
further consideration of a matter has been undertaken by the court that
rendered the original decision. On that rehearing, the court expressly
adheres to the entirety of the original decision. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| On
remand at |
The case you
are SHEPARDIZING(TM) has been sent back from the appellate court to the lower
court from which the proceeding originated, to take some further action on
it. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| On
reopening at |
Indicates that
a court has reopened a prior judgment or proceeding and has disposed of the
relevant issues raised on reopening the case you are SHEPARDIZING(TM). Use if
a court both grants reopening and re-examines it previous decision all in the
same opinion. This phrase may be combined with other dispositional language.
("modified, on reopening"; "reaff'd, on reopening") SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Opinion
replaced by |
The court
opinion which has been withdrawn in the case you are SHEPARDIZING(TM) has
been supplanted with a new opinion.
This phrase is used to track specific court language. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Opinion
to remain citable by |
The opinion in
the case you are SHEPARDIZING(TM) has not been ordered published, but remains
citable as an exception to Rule 8.1115 of the California Rules of Appellate
Procedure. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Opinion
withdrawn by |
The court has
negated the effectiveness of the opinion in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Opinion
withdrawn by order of court at |
The decision in
the case you are SHEPARDIZING(TM) previously certified for publication has
been ordered not published by the issuing court or a higher court. SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Opinions
combined at |
Unlike most
other history terms, this phrase does not reflect an action taken by a court,
but rather seeks to clarify how different legal publishers have reported
various opinions. Typically, it will
denote where two opinions previously published as separate decisions by LEXIS
have been "combined" and published as one decision by West
Publishing in its regional reporter system. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Opposite
judgment in appeal on question of law and fact by |
An appellate
court has rendered a judgment in appeal on question of law and fact that is
opposite to that rendered by the court in the case you are
SHEPARDIZING(TM). The phrase is used
only with older Ohio cases that are cited without reference. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Order
dismisses appeal with opinion at |
The citing
order dismisses, with opinion, an appeal from the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Ordered
not citable by |
The Ohio
unpublished decision in the case you are SHEPARDIZING(TM) has been ordered
"not citable" (except as law
of the case). SHEPARD'S Signal: Warning - Negative treatment is indicated
(RED) |
Warning (red) |
| Ordered
published by |
The opinion in
the case you are SHEPARDIZING(TM) that was not certified for publication has
been ordered published. California cases are ordered published by the
California Supreme Court under the Rules of California Appellate Procedure. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Original
Issue at |
The citing
patent is the original issue of the reissue patent you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Overruled
as Noted in Concurring Opinion |
The citing
concurring opinion notes that the continuing validity of the case that you
are SHEPARDIZING(TM) is in question because it has been overruled or
disapproved, either expressly or effectively, in an earlier decision. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Overruled
as atated in Depublished Concurring Opinion at |
The citing
concurring opinion notes that the continuing validity of an earlier opinion
you are SHEPARDIZING(TM) is in question because it has been overruled in an
earlier decision. The citing case itself may be questionable due to a later
action that affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Overruled
as stated in |
The decision of
the case you are SHEPARDIZING(TM) has been completely overruled by a
subsequent decision from the same court, according to opinion of the citing
case, thereby casting doubt on the precedential value of the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Questioned: Validity questioned by citing refs (Orange) |
Question
(orange) |
| Overruled
as stated in |
The citing case
notes that the continuing validity of the case that you are SHEPARDIZING(TM)
is in question because it has been expressly or effectively overruled or
disapproved in an earlier decision. SHEPARD'S Signal: Questioned: Validity
questioned by citing refs (Orange) |
Question
(orange) |
| Overruled
as stated in Depublished Concurring Opinion at |
The citing
concurring opinion notes that the continuing validity of the case that you
are SHEPARDIZING(TM) is in question because it has been overruled or
disapproved, either expressly or effectively, in an earlier decision. The
citing concurring opinion, itself, may be questionable due to a later action
that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Overruled
as stated in by questionable precedent at |
The citing
opinion notes that the continuing validity of the case that you are
SHEPARDIZING(TM) is in question because it has been overruled or disapproved,
either expressly or effectively, in an earlier decision. The citing case,
itself, may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Overruled
by |
The citing case
expressly or effectively overrules or disapproves all of the case that you
are SHEPARDIZING(TM). SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Overruled
by questionable precedent at |
The citing case
expressly overrules or disapproves all or part of the case you are
SHEPARDIZING(TM). The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Overruled
in Concurring Opinion at |
The citing case
expressly overrules or disapproves all or part of the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Overruled
in part as Noted in Concurring Opinion |
The citing
concurring opinion notes that the continuing validity of the case that you
are SHEPARDIZING(TM) is in question because it has been partially overruled
or disapproved, either expressly or effectively, in an earlier decision. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Overruled
in part as stated in |
The citing case
notes that the continuing validity of the case that you are SHEPARDIZING(TM)
is in question because it has been partially overruled or disapproved, either
expressly or effectively, in an earlier decision. SHEPARD'S Signal: Questioned: Validity
questioned by citing refs (Orange) |
Question
(orange) |
| Overruled
in part as stated in |
The citing
opinion notes that the continuing validity of an earlier opinion you are
SHEPARDIZING(TM) is in question because it has been overruled in part in an
earlier decision. SHEPARD'S Signal: Questioned: Validity questioned by citing
refs (Orange) |
Question
(orange) |
| Overruled
in part as stated in Depublished Concurring Opinion at |
The citing
concurring opinion notes that the continuing validity of the case that you
are SHEPARDIZING(TM) is in question because it has been partially overruled
or disapproved, either expressly or effectively, in an earlier decision. The
citing case, itself, may be questionable due to a later action that affects
it precedential value. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Overruled
in part as stated in by questionable precedent at |
The citing case
notes that the continuing validity of the case that you are SHEPARDIZING(TM)
is in question because it has been partially overruled or disapproved, either
expressly or effectively, in an earlier decision. The citing case, itself,
may be questionable due to a later action that affects it precedential
value. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Overruled
in part by |
The citing case
expressly or effectively overrules or disapproves part of the case that you
are SHEPARDIZING(TM). SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Overruled
in part by questionable precedent at |
The citing case
expressly or effectively overrules or disapproves parts of the case that you
are SHEPARDIZING(TM). The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Parallel
at |
The citing case
relies on the case you are SHEPARDIZING(TM) by describing it as "on all
fours" or parallel to the citing case.
SHEPARD'S Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Parallel
by questionable precedent at |
The citing case
relies on the case you are SHEPARDIZING(TM) by describing it as "on all
fours" or parallel to the citing case.
The citing case itself may be questionable due to a later action that
affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Parallel
in Depublished Concurring Opinion at |
The citing case
relies on the case you are SHEPARDIZING(TM) by describing it as "on all
fours" or parallel to the citing case.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Partial
summary judgment denied by |
The court in
the case you are SHEPARDIZING(TM) has turned down a party's request that
judgment be entered in their favor as a matter of law because of the absence
of a genuine issue of fact. This
phrase is similar to "summary judgment denied", except the motion
has been directed to part of a claim, rather than the entire cause. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Partial
summary judgment granted by |
The court in
the case you are SHEPARDIZING(TM) will allow a party to prevail as a matter
of law due to a absence of a genuine issue of fact. This phrase is like "summary judgment
granted", except that the party is limited their motion to some aspect
of the claim, rather than the entire matter.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Patent
expired at |
The citing
reference indicates that the patent you are SHEPARDIZING(TM) has expired for
failure to pay maintenance fee.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Patent
interpreted |
A court has
interpreted the terms and phrases of the cited patent you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
denied by |
The citing
reference notes that a petition in the case you are SHEPARDIZING(TM) has been
denied by the U.S. Court of Appeals for the Armed Forces; or a formal,
written application requesting judicial action on some matter has been
refused by the court. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
dismissed by |
The court has
disposed of or set aside the written application seeking favor on some legal
matter. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
dismissed by agreement at |
The citing
order dismisses, by agreement of the parties, petition for discretionary
review in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
dismissed for want of jurisdiction |
The citing
order dismisses, for want of jurisdiction, petition for discretionary review
in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
dismissed judgment correct |
The citing
order dismisses petition for discretionary review in the case you are
SHEPARDIZING(TM), upholding the judgment as correct. In Texas Supreme Court
cases, the Supreme Court is not satisfied that the opinion of the Court of
Appeals is correct in all respects but opines that the application presents
no error of law that requires reversal or is of such importance as to require
correction. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
filed |
The citing
reference notes petition for discretionary review has been filed in the case
you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Petition
for review granted, jdmt vacated w/o
reference to the merits |
The Texas
Supreme Court grants, without reference to the merits, a petition for review
and vacates judgment in the case you are SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Petition
for certiorari filed at |
The United
States Supreme Court is presently deciding whether or not to review the case
you are SHEPARDIZING(TM). This is a
temporary indicator of history; once
the Supreme Court either grants or denies certiorari, the phrase will be
deleted and replaced by the appropriate history. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Petition
for discretionary review denied |
The citing
order denies petition for discretionary review in the case you are
SHEPARDIZING(TM). In Texas, four of the judges of the Texas Court of Criminal
Appeals have voted to deny a petition for discretionary review under Rule 202
(k) of the Texas Rules of Appellate Procedure. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for discretionary review dismissed |
The citing
order dismisses or strikes petition for discretionary review in the case you
are SHEPARDIZING(TM). In Texas, five judges of the Texas Court of Criminal
Appeals have determined that discretionary review was improvidently granted
under Rule 202(k) of the Texas Rules of Appellate Procedure. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for discretionary review dismissed, untimely filed by |
A petition for
discretionary review which was not filed within the specified time period,
but nonetheless was granted in the case you are SHEPARDIZING(TM), has been
dismissed under Rules 202(b) and 202(k) of the Texas Rules of Appellate
Procedure. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for discretionary review granted |
The citing
order grants petition for discretionary review in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Petition
for discretionary review granted |
A discretionary
review has been allowed. Subsequently, review has been discontinued or there
has been an affirmance. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Petition
for discretionary review granted by |
Four judges of
the Texas Court of Criminal Appeals have voted to grant a petition for
discretionary review in the case you are SHEPARDIZING(TM) under Rule 202 of
the Texas Rules of Appellate Procedure.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Petition
for discretionary review improvidently granted by |
At least five
judges of the Texas Court of Criminal Appeals have voted to dismiss a
petition for discretionary review that was improvidently granted in the case
you are SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for discretionary review refused |
The citing
order refuses petition for discretionary review in the case you are
SHEPARDIZING(TM). In Texas Supreme
Court cases, the Court of Appeals opinion in the case you are
SHEPARDIZING(TM) has the same precedential value as an opinion of the Texas
Supreme Court. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for discretionary review refused by |
Four judges of
the Texas Court of Criminal Appeals have voted not to grant a petition for
discretionary review in the case you are SHEPARDIZING(TM) under Rule 202(k)
of the Texas Rules of Appellate Procedure.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for discretionary review refused, untimely filed by |
A petition for
discretionary review filed in the case you are SHEPARDIZING(TM) has been
refused or dismissed because it was not filed within the specified time
period under Rule 202(b) of the Texas Rules of Appellate Procedure. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for rehearing denied |
The citing
order denies rehearing of a petition for discretionary review in the case you
are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Petition
for rehearing granted |
The citing
order grants rehearing of a petition for discretionary review in the case you
are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Petition
for relief denied by |
The court has
turned down an application filed in the case you are SHEPARDIZING(TM) seeking
satisfaction on some issue. This
phrase is often encountered in bankruptcy proceedings, where a debtor hopes
to avoid a judgment being placed upon their assets. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for relief granted by |
A formal
request for satisfaction on some issue filed in the case you are
SHEPARDIZING(TM) has been upheld by the court. This phrase is often encountered in
bankruptcy proceedings. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for review abated by |
The Texas
Supreme Court has abated a petition for review in the case you are
SHEPARDIZING(TM) because of the bankruptcy filing of the petitioner or until
a lower court has rendered judgment to effectuate a settlement agreement.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Petition
for review abated by |
A petition for
review has been abated in the cited case because of the bankruptcy filing of
the petitioner or pending judgment on a settlement agreement. Subsequently,
the petition has been denied, refused, withdrawn, vacated or dismissed.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for review denied by |
The Texas
Supreme Court denies petition for review in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for review dismissed by |
The Texas
Supreme Court has dismissed or struck petition for review in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for review dismissed by agreement at |
The Texas
Supreme Court dismisses, by agreement of the parties, petition for review in
the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for review dismissed for want of jurisdiction by |
The Texas
Supreme Court dismisses, for want of jurisdiction, petition for review in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for review filed by |
A party has
filed a petition addressed to the Texas Supreme Court seeking to alter the
final judgment of the Court of Appeals in the case you are
SHEPARDIZING(TM). The petition for
review procedure replaces the writ of error procedure in Texas under Rule 52
of the Texas Rules of Appellate Procedure.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Petition
for review filed by |
The filing of a
petition for review in the cited case has been noted. Subsequently, that petition for review has
been denied, refused, quashed, overruled, withdrawn, vacated or dismissed.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for review granted by |
The Texas
Supreme Court grants petition for review in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Petition
for review granted by |
A petition for
review has been granted. Subsequently, review has been discontinued or there
has been an affirmance. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Petition
for review granted on court's motion |
The citing
order grants, on court's own motion, petition for discretionary review of the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Petition
for review granted without reference to the merits by |
The Texas
Supreme Court grants, without reference to the merits, a petition for review
and remands the case you are SHEPARDIZING(TM) for rendition of judgment
according to a settlement agreement of the parties. SHEPARD'S Signal: Caution
- Possible negative treatment (Yellow) |
Caution (yellow) |
| Petition
for review refused as untimely |
The citing
order refuses, as untimely filed, petition for discretionary review in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for review refused by |
The Texas
Supreme Court refuses petition for review in the case you are
SHEPARDIZING(TM). The Court of Appeals opinion that you are SHEPARDIZING (TM)
has the same precedential value as an opinion of the Supreme Court. SHEPARD'S
Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Petition
for review refused without prejudice |
The citing
order refuses, without prejudice, petition for discretionary review in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for review reinstated by |
The Texas
Supreme Court has reinstated a petition for review previously abated in the
case you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Petition
for review reinstated by |
A petition for
review, that was previously abated, has been reinstated in the cited case.
Subsequently, review has been discontinued or there has been an affirmance.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
for review withdrawn by |
Petition for
review in the case you are SHEPARDIZING(TM) has been withdrawn by the Texas
Supreme Court. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
granted by |
The citing
reference notes that a petition in the case you are SHEPARDIZING(TM) has been
granted by the U.S. Court of Appeals for the Armed Forces. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Petition
granted by |
A formal
application filed in the case you are SHEPARDIZING(TM) seeking judicial
relief on some issue has been upheld by the court. SHEPARD'S Signal: Caution
- Possible negative treatment (Yellow) |
Caution (yellow) |
| Petition
granted without reference to merits |
The citing
order grants, without reference to the merits, petition for discretionary
review and remands the case you are SHEPARDIZING(TM) for rendition of
judgment according to a settlement agreement of the parties. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
improvidently granted |
The citing
order sets aside grant of review and dismisses petition or denies or refuses
review in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
overruled by |
The court sets
aside the formal application filed in the case you are SHEPARDIZING(TM)
seeking relief on some legal matter. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Petition
refused by |
The court
declines to consider a formal application filed in the case you are
SHEPARDIZING(TM) seeking satisfaction on some legal matter. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
refused for want of merit |
The citing
order refuses, for want of merit, petition for discretionary review in the
case you are SHEPARDIZING(TM). In Texas Supreme Court cases, the Supreme
Court is not satisfied that the opinion of the Court of Appeals is correct in
all respects but opines that the application presents no error of law that
requires reversal or is of such importance as to require correction. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Petition
refused no reversible error |
The citing
order refuses petition for discretionary review in the case you are
SHEPARDIZING(TM), finding no reversible error. In Texas Supreme Court cases,
the Supreme Court is not satisfied that the opinion of the Court of Appeals
is correct in all respects but opines that the application presents no error
of law that requires reversal or is of such importance as to require
correction. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Petition
to recall mandate denied by |
A party has
formally applied to the court, requesting it to vacate an order previously
rendered in the case you are SHEPARDIZING(TM), and the court has declined to
grant said request. SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Petition
withdrawn by |
The court
indicates that a previously submitted application seeking judicial relief
filed in the case that you are SHEPARDIZING(TM) has been withdrawn at the
request of the petitioner. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Post-conviction
proceeding at |
This phrase
indicates a proceeding under 28 U.S.C. Section 2255 has been filed in the
case you SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Post-conviction
relief denied at |
A prisoner,
attacking the constitutionality of his sentence in the case you
SHEPARDIZING(TM) has moved the court which imposed the sentence to vacate,
set aside or correct it; the court has denied the request. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Post-conviction
relief dismissed at |
A prisoner,
attacking the constitutionality of his sentence in the case you
SHEPARDIZING(TM), has moved the court which imposed the sentence to vacate,
set aside or correct it; the court has
dismissed the request without consideration. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Post-conviction
relief granted at |
A prisoner,
attacking the constitutionality of his sentence in the case you are
SHEPARDIZING(TM), has moved the court which imposed the sentence to vacate,
set aside or correct it: the court has
granted the request. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Precedential
effect nullified by |
A court of last
resort orders that the decision of the lower court in the case you are
SHEPARDIZING(TM) shall have no precedential force or effect. This order is typically applied on
denial/dismissal of review or appeal, or upon affirmance of the decision
below. The lower court decision
remains in effect, but carries no precedential weight following the
nullification order. SHEPARD'S Signal: Warning - Negative treatment is indicated
(Red) |
Warning (red) |
| Precedential
effect stayed by |
The citing
reference orders that the precedential effect of the cited case be stayed
pending consideration of the application for leave to appeal. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Precedential
effect stayed by |
A court has
issued a stay specifically to prevent the prior court's decision in the case
you are SHEPARDIZING(TM) from having any effect as a legal precedent. This phrase is typically used for Michigan
cases. SHEPARD'S Signal: Warning -
Negative treatment is indicated (Red) |
Warning (red) |
| Prior
Letter Ruling at |
The citing
letter ruling incorporates the text of the letter ruling you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Prior
art patent at |
The patent you
are SHEPARDIZING(TM), was identified as prior art for one or more patents at
issue in the citing case. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Prohibition
denied by |
A party's
request that the proceeding you are SHEPARDIZING(TM) be terminated due to
lack of jurisdiction has been refused by the court. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Prohibition
filed by |
A petition for
a writ of prohibition has been filed in the case you are SHEPARDIZING(TM)
pursuant to Rule 121 of the Texas Rules of Appellate Procedure. This phrase is used in Texas. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Prohibition
filed by |
A petition for
a writ of prohibition has been filed, pursuant to Rule 121, Texas Rules of
Appellate Procedure. Subsequently, the writ has been denied or the writ
proceedings have been discontinued. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Prohibition
writ denied at |
The citing
order denies a petition for writ of prohibition in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Prohibition
writ denied with written order at |
The citing
order denies, with written opinion, application for writ of prohibition in
the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Protest
denied by |
The Board of
Contract Appeals disagrees with the protester's allegations filed in the case
you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Protest
dismissed by |
The Board of
Contract Appeals finds the protester's allegations filed in the case you are
SHEPARDIZING(TM) have no merit.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Protest
granted by |
The Board of
Contract Appeals agrees with the protester's allegations filed in the case
you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Quashed
by |
A higher court
has reversed the decision of the lower court in the case you are
SHEPARDIZING(TM). This phrase is most
often used with Florida cases, to track specific court language. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Quashed
by |
Used with
Canadian cases when a higher court has held that the decision of the lower
court in the case you are SHEPARDIZING(TM) cannot stand, primarily on
jurisdictional grounds. SHEPARD'S Signal: Warning - Negative treatment is
indicated (Red) |
Warning (red) |
| Question
certified by |
One or more
issues before the Court in the case you are SHEPARDIZING(TM) have been
transferred or "certified" to a different court. The court to which the issue has been
transferred will decide the issue at a future point in time. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Questioned
by questionable precedent at |
The citing
opinion questions the continuing validity or precedential value of the case
you are SHEPARDIZING(TM) because of intervening circumstances, including
judicial or legislative overruling.
The citing case itself may be questionable due to a later action that
affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Questioned
in Concurring Opinion at |
The citing
opinion questions the continuing validity or precedential value of the case
you are SHEPARDIZING(TM) because of intervening circumstances, including
judicial or legislative overruling.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Questioned
in Depublished Concurring Opinion at |
The citing
opinion questions the continuing validity or precedential value of the case
you are SHEPARDIZING(TM) because of intervening circumstances, including
judicial or legislative overruling.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Re-enacted
and renumbered by |
The citing
reference, typically a session law or other record of legislative action,
alters the statute you are SHEPARDIZING(TM) through reenactment and
renumbering. SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Re-enacted
by |
The citing
reference, typically a session law or other record of legislative action,
reenacts the statute you are SHEPARDIZING(TM). SHEPARD'S Signal: Positive
treatment is indicated (Green) |
Positive (green) |
| Re-examination
by |
The citing
reference indicates results of reexamination for the patent you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Re-set
of oral argument granted to |
A Texas
appellate court has agreed to reschedule the presentation of legal argument
before it. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Reaffirmed |
After further
review, the court has maintained its decision to affirm the earlier lower
court decision or one of its own earlier decisions. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Reargument
denied by |
This phrase is
used when the court denies a party's request to reargue issues ruled upon in
the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reargument
dismissed by |
This phrase is
used when the court dismisses a party's request to reargue issues ruled upon
in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reargument
granted by |
This phrase is
used when the court grants a party's request to reargue issues ruled upon in
the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Recalled
by |
An appellate
court is revoking or vacating the decision in the case you are
SHEPARDIZING(TM) for matters of fact. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Receded
from |
A court has
lessened the precedential value of the decision in the case you are
SHEPARDIZING(TM) by its decision in a subsequent decision. This phrase is found in subsequent history
treatment of Immigration and Naturalization decisions only. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Reconsideration
Allowed |
Used with
Canadian cases when the court or board grants a request to amend or reverse
it original decision. SHEPARD'S Signal: Warning - Negative treatment is
indicated (Red) |
Warning (red) |
| Reconsideration
Denied |
Used with
Canadian cases when the court or board refuses a request to amend or reverse
it original decision. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reconsideration
denied by |
The court has
denied the motion of a party asking for additional deliberation of an issue
or issues upon which the ruling in the case you are SHEPARDIZING(TM) has been
made. The content and effect of the
original decision of the court remain
unchanged. The original decision
continues to represent good law, pending the filing of an appeal, if any, in
a higher tribunal. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reconsideration
dismissed by |
The court has
declined to consider additional deliberation of an issue or issues upon which
the ruling in the case you are SHEPARDIZING(TM) has been made. The content and effect of the original
decision of the court remain unchanged.
The original decision continues to represent good law, pending the
filing of an appeal, if any, in a higher tribunal. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Reconsideration
granted by |
The court has
granted the motion of party asking for additional deliberation of an issue or
issues upon which the ruling in the case you are SHEPARDIZING(TM) has been
made. The content and effect of the
original decision of the court may be changed. The original decision may no longer
represent good law. SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Reconsideration
granted by |
A motion of a
party, asking for additional deliberation on an issue or issues upon which an
earlier ruling had been made, has been granted. Subsequently, reconsideration
has been discontinued or the earlier, underlying ruling has been expressly
adhered to in its entirety. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Reconsideration/Rehearing
denied by questionable precedent at |
An appellate
court has denied the motion of a party asking for additional deliberation of
an issue or issues upon which a ruling has been made or an opinion issued in
the case you are SHEPARDIZING(TM), and the citing case has been ordered
depublished by a California appellate court.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reconsidering
by |
The citing
decision or order reconsiders the decision or order you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Reference
in |
The citing
decision or order involves the docket or project number you are
SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Reference
withdrawn by |
The U.S.
District Court has determined that an issue raised in the course of the
bankruptcy proceeding you are SHEPARDIZING(TM) will be withdrawn from the
jurisdiction of the bankruptcy court to proceed from that point forward in
the district court. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Referred
to |
Used with
Canadian cases when the citing case makes a passing reference to the case you
are SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reformed
by |
A ruling in the
case you are SHEPARDIZING(TM) has been reformed so as to be consistent with
earlier rulings. SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Registration
refused by |
The citing
reference indicates that the registration of the trademark you are
SHEPARDIZING(TM) has been refused from the register. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Rehearing
and appeal denied by |
An appellate
court is refusing to rehear its earlier review of the lower court decision in
the case you are SHEPARDIZING(TM), and is also refusing to accept a new
appeal from that same lower court decision.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing
denied by |
The court has
denied the motion of a party to rehear arguments that resulted in the opinion
of the case you are SHEPARDIZING(TM).
A full dispositional opinion will be forthcoming. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing
dismissed by |
A court is
refusing to consider a motion to rehear the decision in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Rehearing
granted by |
The court has
granted the motion of a party to rehear arguments that resulted in the
opinion in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Rehearing
granted by |
The motion of a
judge or a party to rehear the arguments that resulted in the issuance of an
earlier opinion has been granted. Subsequently, rehearing has been
discontinued or the earlier, underlying ruling has been expressly adhered to
in its entirety. SHEPARD'S Signal: Neutral treatment is indicated. (Dark
Blue) |
Analysis (blue) |
| Rehearing
granted in part and overruled in part by |
A court has
partially granted a motion to rehear the case you are SHEPARDIZING(TM), while
specifically overruling the rest of that motion. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Rehearing
granted in part and overruled in part by |
A portion of a
motion to rehear the arguments that resulted in the issuance of an earlier
opinion has been granted, while another portion of that motion has been
overruled. Subsequently, rehearing has been discontinued or the earlier,
underlying ruling has been expressly adhered to in its entirety. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing
granted, Depublished by |
The citing
reference grants rehearing of and depublishes the case you are
SHEPARDIZING(TM) pursuant to California Rules of Court. SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Rehearing
of 130D motion filed by |
A motion for
rehearing of the petition for an extension of time in which to file an
application for a writ of error in the Court of Appeals has been filed in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Rehearing
of cause filed by |
This phrase is
used in Texas. A motion for the
rehearing of the cause has been filed in the case you are SHEPARDIZING(TM)
pursuant to Rule 190 of the Texas Rules of Appellate Procedure. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Rehearing
of cause filed by |
A motion for
the rehearing of a cause has been filed pursuant to Rule 64 (former Rule
190), Texas Rules of Appellate Procedure. Subsequently, rehearing has been
denied or discontinued. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Rehearing
of cause overruled by |
This phrase is
used in Texas. A motion for the
rehearing of the case you are SHEPARDIZING(TM) has been overruled under Rule
190 of the Texas Rules of Appellate Procedure. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing
of direct appeal and cause filed by |
This phrase is
used in Texas. A motion for rehearing
of a direct appeal and cause has been filed in the case you are
SHEPARDIZING(TM) pursuant to Rule 190 of the Texas Rules of Appellate
Procedure. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Rehearing
of petition for review filed by |
A party has
filed a motion for a rehearing after the Texas Supreme Court has denied,
refused or dismissed a petition for review in the case you are
SHEPARDIZING(TM) under Rule 56.5 of the Texas Rules of Appellate Procedure. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing
of writ of error and Rule 90 filed |
This phrase is
used in Texas. A party has filed an
application for rehearing in the case you are SHEPARDIZING(TM) upon the denial, dismissal or refusal of
writ of error, suspending publication until after the decision on rehearing
is issued. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Rehearing
of writ of error and cause filed |
A party has
filed an application for rehearing in the case you are SHEPARDIZING(TM) upon
denial, dismissal or refusal of a writ of error and cause pursuant to Rule
190 of the Texas Rules of Appellate Procedure. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Rehearing
of writ of error filed |
This phrase is
used in Texas. A party has moved for
rehearing of the case you are SHEPARDIZING(TM) upon denial, dismissal or
refusal of a writ of error, pursuant to Rule 134 of the Texas Rules of
Appellate Procedure. SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Rehearing
of writ of error overruled |
This phrase is
used in Texas. A motion for rehearing
in the case you are SHEPARDIZING(TM) upon denial, dismissal or refusal of a
writ of error has been overruled by the Supreme Court under Rule 190 of the
Texas Rules of Appellate Procedure.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing
of writ of habeas corpus overruled |
This phrase is
used in Texas. A motion for rehearing
of a petition for habeas corpus filed in the case you are SHEPARDIZING(TM)
has been overruled pursuant to Rule 120 of the Texas Rules of Appellate
Procedure. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing
of writ of mandamus and writ of prohibition filed |
This phrase is
used in Texas. A motion for rehearing
of a petition for a writ of mandamus and prohibition has been filed in the
case you are SHEPARDIZING(TM) pursuant to Rule 190 of the Texas Rules of
Appellate Procedure. SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Rehearing
of writ of mandamus filed |
This phrase is
used in Texas. A motion for rehearing
of a petition for a writ of mandamus has been filed in the case you are
SHEPARDIZING(TM) pursuant to Rule 190 of the Texas Rules of Appellate
Procedure. SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Rehearing
of writ of mandamus filed |
A motion for
rehearing of a petition for a writ of mandamus has been filed pursuant to
Rule 190 of the Texas Rules of Appellate Procedure. Subsequently, rehearing
has been denied or discontinued. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing
of writ of mandamus overruled |
A motion for
rehearing of a petition for a writ of mandamus filed in the case you are
SHEPARDIZING(TM) has been overruled.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing
or reconsideration denied |
The citing
order denies rehearing or reconsideration in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing
or reconsideration granted by |
The citing
order grants rehearing or reconsideration in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Rehearing
overruled by |
A court has
declined to reconsider the prior decision in the case you are
SHEPARDIZING(TM). This phrase is
usually used in Texas appellate courts. SHEPARD'S Signal: Neutral treatment
is indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing,
en banc, denied by |
The court has
stated, or the text of the opinion indicates, that rehearing of the matter in
the case you are SHEPARDIZING(TM) has been denied en banc. This phrase may be used when drawn from the
text of the opinion of a state supreme court.
See 'en banc'. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Rehearing,
en banc, granted by |
The court has
stated or the text of the opinion indicates that the rehearing of the matter
in the case you are SHEPARDIZING(TM) has been granted en banc. This phrase may be used when drawn from the
text of the opinion of a state supreme court.
See 'en banc'. SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Rehearing,
en banc, granted by |
An appellate
court has allowed a request by one or more judges of the court or a party to
have an earlier decision of a panel of the appellate court reheard by all of
judges of the court. Subsequently, rehearing en banc has been discontinued or
the earlier, underlying ruling has been expressly adhered to in its entirety.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reinstated
by |
The citing
reference, typically a session law or other record of legislative action, or
a record of administrative action, reinstates the statute, regulation or
order you are SHEPARDIZING(TM). SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Reinstated
by |
A court has
placed its decision in the case you are SHEPARDIZING(TM) in the same position
as before the dismissal. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Reissue
Patent |
The citing
patent is the reissue of the patent you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Reissue
by |
The citing
reference orders the Reporter of Decisions to publish the case you are
SHEPARDIZING(TM), reversing a previous depublication order. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Reissue
by questionable precedent at |
The citing
reference, which is questionable precedent, orders the Reporter of Decisions
to publish the case you are SHEPARDIZING (TM), reversing a previous
depublication order. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Rejected
by |
A court
declines to accept the reasoning of the case you are SHEPARDIZING(TM). This phrase is commonly used to signify
that a federal district court has "rejected" the recommendation of
a magistrate, or that a National Labor Relations panel has found an
Administrative Law Judge's decision unsatisfactory. SHEPARD'S Signal: Warning
- Negative treatment is indicated (Red) |
Warning (red) |
| Related
proceeding at |
A phrase used
to connect cases which seem to involve the same parties and arise out of the
same facts or circumstances, but are resolved by the courts in separate and
distinct legal proceedings. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Relief
from automatic stay denied |
A bankruptcy
court (or an appellate court sitting in review of a bankruptcy court
decision) has denied a request to lift the automatic stay in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Relief
from automatic stay granted by |
A bankruptcy
court (or an appellate court sitting in review of a bankruptcy court
decision) has granted a request to lift the automatic stay in the case you
are SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Remanded
by |
An appellate
court has returned the case you are SHEPARDIZING(TM) to the lower court for
entry of proper judgment, for a new trial or for some other further
proceeding. There will likely be a
subsequent judgment, order or opinion by the lower court indicating its
disposition of the case. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Remanded
without opinion by |
An appellate
court has returned the case you are SHEPARDIZING(TM) to the lower court for
some further proceeding, but without any written opinion discussing its
reasons for the remand. SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Remitted
by |
A higher court
has sent the case you are SHEPARDIZING(TM) to the lower court for further
consideration. This phrase is
typically used by New York courts.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Remittitur
amended by |
A party to an
action has filed a motion asking a higher court to amend or change its
decision to order the case you are SHEPARDIZING(TM) returned to a lower court
for further proceedings; the court
grants the request and amends the remittitur. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Remittitur
denied by |
A court has
refused the request to reduce or otherwise change the jury verdict in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Remittur
granted by |
The court in
the case you are SHEPARDIZING(TM) has granted a request, motion or petition
to remit a portion of the damages awarded by the jury to a party to the
action. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Removal
denied by |
According to
language explicitly used by the court, this phrase is used upon denial of an
application or petition for transfer in the case you are SHEPARDIZING(TM).
See also "removed by" below.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Removal
granted by |
According to
language explicitly used by the court, this phrase is used when the court
grants an application or petition for transfer in the case you are
SHEPARDIZING(TM). See also
"removed by" below.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Removed
by |
Following the
language explicitly used by the court, this phrase is used when the case you
are SHEPARDIZING(TM) is transferred across jurisdictions for further
proceedings, e.g. from a state court to the U.S. Bankruptcy Court. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Renumbered
to |
The citing
reference, typically a session law or other record of legislative action, or
a record of administrative action, renumbers the statute, regulation or order
you are SHEPARDIZING(TM). SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Reopening
denied by |
The court has
denied the motion of a party to reopen a prior judgment or proceeding in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reopening
granted by |
The court has
granted the motion of a party to reopen a prior judgment or proceeding in the
case you are SHEPARDIZING(TM). A full dispositional opinion will be
forthcoming. SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Reopening
granted by |
The motion of a
party to reopen a prior judgment or proceeding has been granted.
Subsequently, the review proceedings have been discontinued or there has been
an affirmance or adherence to the earlier judgment in its entirety. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Repealed
and Re-enacted by |
The citing
reference, typically a session law or other record of legislative action,
alters the statute, regulation or order you are SHEPARDIZING(TM) through
repeal and reenactment. SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Repealed
and renumbered by |
The citing
reference, typically a session law or other record of legislative action,
alters the statute, regulation or order you are SHEPARDIZING(TM) through
repeal and renumbering. SHEPARD'S Signal: Warning - Negative treatment is
indicated (Red) |
Warning (red) |
| Repealed
and superseded by |
The citing
reference, typically a session law or other record of legislative action,
repeals and supersedes the statute you are SHEPARDIZING(TM). SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Repealed
by |
The citing
reference, typically a session law or other record of legislative action,
repeals or abrogates the statute, regulation or order you are
SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative treatment is indicated
(Red) |
Warning (red) |
| Repealed
in part by |
The citing
reference, typically a session law or other record of legislative action,
repeals or abrogates in part the statute, regulation or order you are
SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative treatment is indicated
(Red) |
Warning (red) |
| Repealed,
re-enacted and renumbered to |
The citing
reference, typically a session law or other record of legislative action,
alters the statute, regulation or order you are SHEPARDIZING(TM) through
repeal, reenactment and renumbering. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Replaced
by |
The citing
decision or order replaces the decision or order you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Reported
at |
This phrase is
used to signify that the same opinion has been reissued and republished with
a different citation and date. The phase is also used when connecting a table
case to the reported-in-full version of the same case. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reported
in full at |
This phrase is
used to indicate that a decision previously published in table case format
(usually the official citation) can also be found in the unofficial,
full-text version at cite indicated.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reprint
for tracking pending review by |
The citing
reference is the original opinion in the case you are SHEPARDIZING(TM),
reprinted for tracking purposes pending review and is thus not citable. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Reprint
for tracking, questionable precedent at |
The citing
reference is the original opinion in the case you are SHEPARDIZING(TM),
reprinted for tracking purposes pending review, and is thus not citable. The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reprinted
as amended at |
This phrase is
generally encountered in the Federal Court of Appeals for the Ninth Circuit,
where a prior published opinion by that court in the case you are
SHEPARDIZING(TM) is subsequently
republished in full, with some enhancement, modification or amendment
incorporated therein. SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Reprinted
as modified at |
The decision in
the case you are SHEPARDIZING(TM) by the California Court of Appeals has been
subsequently republished with some modification or amendment incorporated
therein. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Reprinted
as modified for tracking pending review by |
The decision in
the case you are SHEPARDIZING(TM) has been reprinted to permit tracking of
the cause following the California Supreme Court's grant of review. See California Rules of Court. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Reprinted
for tracking pending review by |
An opinion has
been reprinted to permit tracking of the cause following the California
Supreme Court's grant of review of the case you are SHEPARDIZING(TM). See
California Rules of Court. SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Request
denied by |
A party to an
action has asked the court that it take or not take some particular action,
to which the court responds in the negative. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Request
granted |
A party to an
action has asked the court that it take or not take a particular action, to
which the court responds in the affirmative. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Rescinded
by |
The IRS has
reduced the precedential value of the ruling you are SHEPARDIZING(TM) in
light of its later position. SHEPARD'S Signal: Warning - Negative treatment
is indicated (Red) |
Warning (red) |
| Rescinded
in part by |
The citing
reference, typically a session law or other record of legislative action,
revokes or rescinds in part the statute you are SHEPARDIZING(TM). SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Reserved
by |
The ruling in
the case you are SHEPARDIZING(TM) has been put off pending the outcome of a
subsequent ruling or case. SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Reserved
by |
A ruling on a
particular matter has been put off pending the outcome of a subsequent ruling
or case. Subsequently, the particular ruling has been made. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Resettled
by |
The manner in
which the interpretation of the law has been settled in the ruling in the
case you are SHEPARDIZING(TM) has been changed on remand. SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Resettlement
denied |
A court has
rejected a request to change the manner in which the interpretation of the
law was settled in the ruling in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Retroactivity
by |
The citing
opinion discusses retroactive or prospective application of the statute, rule
or regulation you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Retroactivity
by in Depublished Concurring Opinion at |
In a concurring
opinion, the current version of the cited statute, rule or regulation you are
SHEPARDIZING(TM) is applied to a case or cases arising prior to the enactment
of the legislation, and the citing case has been ordered depublished by a
California appellate court. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Retroactivity
by questionable precedent at |
The citing
opinion, which has been ordered depublished, discusses retroactive or
prospective application of the statute, rule or regulation you are
SHEPARDIZING(TM). The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Retroactivity
in concurring opinion at |
The concurring
opinion discusses the retroactive or prospective application of the statute,
rule, or regulation you are SHEPADIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reversal
noted in |
The citing case
notes that all or part of the decision you are SHEPARDIZING(TM) has been
reversed by an earlier decision. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Reversal
noted in Depublished Concurring Opinion at |
The citing
concurring opinion notes that all or part of the decision you are
SHEPARDIZING(TM) has been reversed by an earlier decision. The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reversal
noted in concurring opinion |
The citing
concurring opinion notes that all or part of the decision you are
SHEPARDIZING(TM) has been reversed by an earlier decision. SHEPARD'S
Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Reversal
noted in questionable precedent at |
The citing case
notes that all or part of the decision you are SHEPARDIZING(TM) has been
reversed by an earlier decision. The
citing case itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reversed
by |
On appeal,
reconsideration or rehearing, the citing case reverses the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Reversed
by Court of Appeal at |
The decision in
the case you are SHEPARDIZING(TM) has been reversed by the appropriate Ohio
Court of Appeals. This phrase is used only with older Ohio cases which are
cited without reference. SHEPARD'S Signal: Warning - Negative treatment is
indicated (Red) |
Warning (red) |
| Reversed
by Court of Common Pleas at |
The decision in
the case you are SHEPARDIZING(TM) has been reversed by the Ohio Court of
Common Pleas. This phrase is used only
with older Ohio cases which are cited without reference. SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Reversed
by Supreme Court at |
The decision in
the case you are SHEPARDIZING(TM) has been reversed by the Ohio Supreme
Court. This phrase is used only with
older Ohio cases which are cited without reference. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Reversed
by questionable precedent at |
On appeal,
reconsideration or rehearing, the citing case reverses the case you are
SHEPARDIZING(TM). The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reversed
without opinion at |
An appellate
court has overturned the lower court's judgment, decree or order in the case
you are SHEPARDIZING(TM), but without an opinion discussing its reasons for
the reversal. SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Review
denied and ordered not published by |
An appellate
court has denied a petition for review of a lower court decision and the
court has ordered that the corresponding opinion is not to be published in
the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Review
denied by |
Review of the
lower court's decision in the case you are SHEPARDIZING(TM) has been denied
by the appropriate appellate department.
SHEPARD'S Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Review
denied by questionable precedent at |
An appellate
court has refused to accept or hear an appeal of the judgment, decree, or
order of the lower court or administrative agency in the case you are
SHEPARDIZING(TM), and the citing case has been ordered depublished by a
California appellate court. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Review
dismissed by |
An appellate
court has discontinued an appeal without consideration of the judgment,
decree, or order of the lower court or administrative agency. The language
"review dismissed" is used by the court. For Florida cases, an appellate court has
refused, without consideration, a request to review an earlier lower court
decision. The language "review dismissed" is used by the Florida
court. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Review
dismissed by questionable precedent at |
An appellate
court has reconsidered and retracted its own prior order granting appeal in
the case you are SHEPARDIZING(TM) or has discontinued an appeal without
consideration of the judgment, decree, or order of the lower court or
administrative agency in the case you are SHEPARDIZING (TM), and the citing
case has been ordered depublished by a California appellate court. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Review
granted by |
Review of the
lower court decision in the case you are SHEPARDIZING(TM) has been approved
in the appropriate appellate department.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Review
granted by |
A court acting
in an appellate capacity has approved the review of an earlier decision
issued by a lower court or administrative agency. Subsequently, review has
been discontinued or there has been an affirmance. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Review
granted by questionable precedent at |
An appellate
court has agreed to accept or hear an appeal in order to review the judgment,
decree, or order of the lower court or administrative agency in the case you
are SHEPARDIZING(TM), and the citing case has been ordered depublished by a
California appellate court. |
Warning (red) |
| Review
granted without petition by |
At least four
judges of the Texas Court of Criminal Appeals have voted to grant
discretionary review without petition in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Review
granted without petition by |
A citing order
grants, on the court's own motion, a petition for discretionary review of the
cited case. Subsequently, review has been discontinued or there has been an
affirmance. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Review
granted, Depublished by |
The citing
reference grants review of and depublishes the case you are SHEPARDIZING(TM)
pursuant to California Rules of Court.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Review
granted, depublished, and transferred by |
Review of the
lower court decision in the case you are SHEPARDIZING(TM) has been approved
by the California Supreme Court thereby automatically depublishing the
opinion pursuant to California Rules of Court. In the same opinion, the
California Supreme Court transfers the action back to that court for further
proceedings. SHEPARD'S Signal: Warning - Negative treatment is indicated
(Red) |
Warning (red) |
| Review
granted, opinion to remain citable by |
A petition for
review has been granted in the case you are SHEPARDIZING(TM), and the lower
court opinion remains published and citable.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Review
granted, transferred by |
In the same
opinion, a higher court has granted a review of the lower court's decision in
the case you are SHEPARDIZING(TM) and transfers the action back to that court
for further proceedings. SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Review
improvidently allowed by |
An appellate
court after having granted review of a lower court case, decides after a
thorough review of the case that review should not have previously been
granted on some or all of the issues in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Review
or Rehearing denied by |
The citing case
denies review or rehearing of the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Review
or Rehearing granted by |
The citing
reference grants review or certiorari in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Review
or Rehearing granted, Depublished by |
The citing
reference grants review of and depublishes the case you are SHEPARDIZING(TM)
pursuant to California Rules of Court.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Review
overruled by |
An appellate
court has rejected a request to examine the lower court's decision in the
case you SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Review
pending at |
An appellate
court is postponing its decision on whether to review the lower court's
decision in the case you are SHEPARDIZING(TM), generally because it is
waiting for a decision in another case.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Review
pending at |
A court acting
in an appellate capacity has postponed a decision on whether to review a
decision issued by a lower court or an administrative agency. Subsequently,
review has been discontinued or denied. SHEPARD'S Signal: Neutral treatment
is indicated. (Dark Blue) |
Analysis (blue) |
| Review
quashed by |
A higher court,
after having previously decided to review the lower court decision in the
case you are SHEPARDIZING(TM), has decided to discontinue its appellate
review without rendering a decision on the merits of the lower court case,
generally on the ground that review was improvidently granted. The language
"review quashed" is specifically used. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Review
refused by |
A higher court
is rejecting a request for review of the lower court decision in the case you
are SHEPARDIZING(TM); the language "review refused" is specifically
used. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Review
reinstated by |
A petition for
review that had previously been denied or dismissed in the case you are
SHEPARDIZING(TM) has been reinstated. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Review
reinstated by |
A petition for
review, which had previously been denied or dismissed, has been reinstated.
Subsequently, review has been discontinued or there has been an affirmance.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Review
sustained by |
An appellate
court has agreed to examine the lower court's decision in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Review
withdrawn by |
A review that
was pending before the court in the case you are SHEPARDIZING(TM) has ended
upon request by the appellant.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Reviewed
by |
This phrase
signifies that a higher court has examined the lower court's decision in the
case you are SHEPARDIZING(TM); a disposition is pending. SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Revised
and renumbered by |
The citing
reference, typically a session law or other record of legislative action
revises and renumbers the statute you are SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Revised
by |
The citing
reference, typically a session law or other record of legislative action, or
a record of administrative action, revises or modifies the statute,
regulation or order that you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution
- Possible negative treatment (Yellow) |
Caution (yellow) |
| Revoked
and replaced by |
The citing
reference, typically a session law or other record of legislative action
revokes and replaces the statute you are SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Revoked
by |
For
administrative actions, the citing reference, typically a record of
administrative action, revokes or rescinds the regulation or order you are
SHEPARDIZING(TM). For case law, a court has annulled or vacated its decision
in the case you are SHEPARDIZING(TM) and the language "revoked" is
specifically used. SHEPARD'S Signal: Warning - Negative treatment is
indicated (Red) |
Warning (red) |
| Revoked
in part by |
The citing
reference, typically a record of administrative action, revokes or rescinds
in part the regulation or order you are SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Revoked
or Rescinded by |
The citing
reference, typically a session law or other record of legislative action,
revokes or rescinds the statute you are SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Same
case at |
The citing case
involves the same litigation as the case you are SHEPARDIZING(TM), but at a
different stage of the proceedings.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Same
case by questionable precedent at |
The citing case
involves the same litigation as the case you are SHEPARDIZING(TM), but at a
different stage of the proceedings.
The citing case itself may be questionable due to a later action that
affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Same
judgment in appeal on question of law and fact by |
An appellate
court has rendered the same judgment in appeal on question of law and fact as
was rendered in the court of first instance in the case you are
SHEPARDIZING(TM). This phrase is used
only with older Ohio cases which are cited without reference. SHEPARD'S
Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Sanctions
allowed by |
A court has
determined that sanctions should be allowed or granted. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Sanctions
disallowed by |
A court has
determined that sanctions should be disallowed or denied. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Sentence
imposed by |
The case that
you are SHEPARDIZING(TM) has issued and/or discussed the imposition of a
criminal sentence. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Set
aside by |
A higher court
is reversing or vacating the lower court decision in the case you are
SHEPARDIZING(TM), specifically using the language "set aside." SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Set
aside in part and remanded in part by |
A higher court
has annulled or vacated part of the lower court decision in the case you are
SHEPARDIZING(TM) and has remanded the remainder of the case for further
proceedings; The language of "set
aside" is specifically used. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Settled
by |
This phrase
indicates that a proceeding has been finalized by the agreement of the
parties, and that no further action in the case you are SHEPARDIZING(TM) is
expected. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Special
Order at |
The citing
reference is an order of the court (other than grants and denials of leave to
appeal from the Court of Appeals) of general interest of the bench and bar of
the state. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Special
Order at |
An order has
been issued by a Michigan appellate court in the case you are
SHEPARDIZING(TM) that is of general interest to the bench and bar of the
state. This phrase is used exclusively in the Michigan appellate courts. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Special
Panel Convened at |
A special panel
of Court of Appeals judges has convened to resolve a conflict between the
citing reference and one or more other Court of Appeals decisions. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Special
Panel Convened at |
A special panel
of Michigan Court of Appeals judges has convened to resolve a conflict
between the case you are SHEPARDIZING(TM) and one of more other Court of
Appeals decisions. This phrase is used exclusively by the Michigan appellate
courts. |
Caution (yellow) |
| Stay
denied by |
A motion to
suspend an order, action or proceeding has been denied by the court. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Stay
dissolved by |
An order to
stay an order, action or proceeding has been lifted or dissolved. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Stay
granted by |
A motion to
suspend the action or proceeding in the case you are SHEPARDIZING(TM) has
been granted by the court. SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Stay
lifted by |
The court has
revoked the temporary suspension of the prior order in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Stay
vacated by |
A stay which
has been previously granted in the case you are SHEPARDIZING(TM) has been
vacated by the court. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Sub
nomine at |
A Latin phrase
which means "under the name".
This phrase is used in combination with another case history phrase
when the title of a subsequent appellate history case is substantially
different from the title of the prior case. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Submitted
on |
This phrase is
used to note that the case you are SHEPARDIZING(TM) has been presented to a
court for determination; this phrase is generally used with a date reference
rather than a citation. SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Subsequent
Letter Ruling |
The citing
letter ruling is a subsequent letter ruling issued in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Subsequent
appeal at |
A matter is
before an appellate court once more, following an initial appeal. The issue may concern a post-trial motion
or, if the earlier appeal dealt with a pre-trial or interlocutory matter, the
decision on the merits. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Subsequent
civil proceeding at |
A phrase used
to connect cases when a subsequent civil proceeding (e.g. a civil rights
action) ensues after a prior criminal action. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Subsequent
opinion on rehearing at |
This phrase
specifically tracks language used in California court decisions with
reference to the rehearing of the prior decision in the case you are
SHEPARDIZING(TM) of the same court.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Subsequent
opinion on rehearing not for publication |
The California
Court of Appeals issued a published opinion and thereafter granted rehearing;
the subsequent opinion on rehearing was designated not for publication in the
case you are SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative treatment
is indicated (Red) |
Warning (red) |
| Substituted
opinion at |
A court opinion
in the case you are SHEPARDIZING(TM) which has been withdrawn has been
supplanted with a new opinion. This
phrase is used to track specific court language. SHEPARD'S Signal: Warning -
Negative treatment is indicated (Red) |
Warning (red) |
| Suggestion
of error overruled by |
This phrase is
specifically tracks language used in Mississippi court decisions with
reference to requests for rehearing of the decision of the same court in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Suggestion
of error sustained by |
This phrase
specifically tracks language used in Mississippi court decisions with
reference to requests for rehearing of the decision of the same court in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Suggestion
of error sustained in part and overruled in part by |
This phrase
specifically tracks language used in Mississippi court decisions with
reference to requests for rehearing of the decision of the same court in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Summary
judgment denied by |
A party to the
civil case you are SHEPARDIZING(TM), believing there is no genuine issue of
material fact, moves the court to rule in their favor as a matter of law; the
court has denied the motion due to the presence of a disputed fact. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Summary
judgment dismissed by |
A party to the
civil case you are SHEPARDIZING(TM) has moved for the court to rule in their
favor as a matter of law, due to an absence of a genuine issue of material
fact; the court has dismissed said motion.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Summary
judgment granted by |
A court has
ruled as matter of law in favor of one party to the civil case you are
SHEPARDIZING(TM), due to the absence of a genuine issue of material fact.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Summary
judgment granted, in part, summary judgment denied, in part by |
A party to the
civil case you are SHEPARDIZING(TM), believing there is no genuine issue of
material fact, moves the court to rule in their favor as a matter of law; the
court has ruled, in part, as matter of law in favor of one party to the civil
case you are SHEPARDIZING(TM), due to the absence of a genuine issue of
material fact. The court has also denied the motion in part due to the
presence of a disputed fact. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Summary
judgment proceeding at |
This phrase is
generally used when multiple motions for summary judgment are heard and
resolved in a single opinion. In
essence, a party to the civil case you are SHEPARDIZING(TM) requests the
judge to rule as a matter of law due to an absence of a genuine issue of
fact. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Summary
opinion at |
A brief
synopsis of the opinion in the case you are SHEPARDIZING(TM) appears at the
citation indicated. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Superseded
and renumbered by |
The citing
reference, typically a session law or other record of legislative action,
supersedes and renumbers the statute you are SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Superseded
by |
On appeal,
reconsideration or rehearing, the citing case supersedes or is substituted
for the case you are SHEPARDIZING(TM). In California, the Supreme Court has
reviewed the decision of the appellate court in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Superseded
by |
The citing
reference, typically a session law or other record of legislative action, or
a record of administrative action, supersedes the statute, regulation or
order you are SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Superseded
by |
The
precedential weight of the ruling you are SHEPARDIZING(TM) has been
supplanted by a subsequent ruling. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Superseded
by questionable precedent at |
On appeal,
reconsideration or rehearing, the citing case supersedes or is substituted
for the case you are SHEPARDIZING(TM).
The citing case itself may be questionable due to a later action that
affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Superseded
by statute as stated in |
The opinion
of the case you are SHEPARDIZING(TM)
has been affected adversely by a subsequent legislative enactment (e.g. a
new, amended or repealed statute), constitutional amendment, or court rule,
as stated in the opinion of the later case, thereby casting doubt on the
continuing validity or precedential value of the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Superseded
by statute as stated in questionable precedent at |
The citing
opinion questions the continuing validity or precedential value of the cited
case because of subsequent change in a statute, constitution, court rule, or
regulation. The citing case itself may be questionable due to a later action
that affects its precedential value.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Superseded
by statute in Concurring Opinion |
The concurring
opinion questions the continuing validity or precedential value of the cited
case because of a subsequent change in a statute, constitution, court rule,
or regulation. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Superseded
by statute in Depublished Concurring Opinion at |
In a concurring
opinion, the citing opinion questions the continuing validity or precedential
value of the case you are SHEPARDIZING(TM) because of a subsequent change to
a statute, constitution, court rule, or regulation, and the citing case has
been ordered depublished by a California appellate court. The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Superseded
in part by |
The citing
reference, typically a session law or other record of legislative action, or
a record of administrative action, supersedes in part the statute, regulation
or order you are SHEPARDIZING(TM).
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Supplemental
opinion at |
The court has
disposed of some issue left unresolved in the case you are
SHEPARDIZING(TM). Dispositions in the
supplemental opinion have no effect on issues previously determined.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Supplementary
reasons |
Used with
Canadian cases where the citing decision consists of corrigenda, addendum or
supplementary reasons for the case you are SHEPARDIZING(TM). SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Supplemented
by |
For statutes,
regulations or administrative orders, the citing reference, typically a
session law or other record of legislative action or a record of
administrative action, supplements the statute, regulation or order you are
SHEPARDIZING(TM). For case law, a court has added information to the opinion
in the case you are SHEPARDIZING(TM), often disposing of an issue left
unresolved by the earlier decision. SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Supplementing |
The citing
reference, typically a session law or other record of legislative action, or
a record of administrative action, supplements the statute, regulation or
order you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Suspended
and superseded by |
The citing
reference, typically a session law or other record of legislative action,
suspends and supersedes the statute you are SHEPARDIZING(TM). SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Suspended
by |
The citing
reference, typically a session law or other record of legislative action, or
a record of administrative action, suspends the statute, regulation or order
you are SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative treatment is
indicated (Red) |
Warning (red) |
| Suspended
by |
The operation
of the ruling you are SHEPARDIZING(TM) has been interrupted. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Suspended
by |
Suspended is
used in rare situations to show that the previous published rulings will not
be applied pending some future action. |
Warning (red) |
| Suspended
in part by |
The citing
reference, typically a session law or other record of legislative action, or
a record of administrative action, suspends in part the statute, regulation
or order you are SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
Tax
value determined
|
In the decision
you are SHEPARDIZING (TM), the Tax Board or Commission has assessed the
property value for tax purposes. |
Analysis (blue) |
| Time for
granting or denying hearing extended by |
The California
Supreme Court has extended the time during which a party may file a petition
for hearing in the case you are SHEPARDIZING(TM) under the California Rules
of Appellate Procedure. SHEPARD'S Signal: Neutral treatment is indicated.
(Dark Blue) |
Analysis (blue) |
| Time for
granting or denying rehearing extended by |
The California
Supreme Court has extended the time in which it must deny a rehearing in the
case you are SHEPARDIZING(TM) under the California Rules of Appellate
Procedure. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Time for
granting or denying review extended by |
The California
Supreme Court has extended the time in which it must grant or deny review of
the lower court's decision in the case you are SHEPARDIZING(TM). SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Transfer
denied by |
A court has
refused a request to accept jurisdiction over the case you are
SHEPARDIZING(TM). This phrase is used
often between state and federal courts, as well s within the court systems of Indiana and California. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Transfer
denied by Supreme Court as reported in |
A court notes
that an earlier, unrelated decision by the California Court of Appeals has
become final, with the California Supreme Court refusing to transfer the
action to its court. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Transfer
dismissed by |
A court, after
having previously agreed to accept transfer of an action from another court,
now retracts its offer and refuses to accept jurisdiction. This phrase is used often between state and
federal courts, as well as within the court systems of Indiana and California. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Transfer
granted by |
A court has
granted a request to accept jurisdiction over the case you are
SHEPARDIZING(TM). This phrase is used often between state and federal courts,
as well as within the court systems of Indiana and California. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Transfer
granted by |
A citing
reference has granted a request to accept jurisdiction over a case.
Subsequently, transfer proceedings have been discontinued or there has been
an affirmance in the entirety. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Transferred
by |
The citing case
transfers the pending action or case you are SHEPARDIZING(TM) to another
appellate court or a lower court for further review and disposition. SHEPARD'S Signal: Caution-Possible negative
treatment (Yellow) |
Caution (yellow) |
| Transferred
by |
The Missouri
Supreme Court has ordered a cause transferred from the Missouri Court of
Appeals, but later has discontinued those transfer proceedings. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Transferred
to |
This phrase
notes that the case you are SHEPARDIZING(TM) has been transferred from one
court to another. In California, the
phrase notes that the case has been transferred from the California Supreme
Court to a Court of Appeal, from a Court of Appeal to the California Supreme
Court, or between divisions of the Court of Appeal by order of the California
Supreme Court under Rule 20 of the California Rules of Appellate
Procedure. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| U.S.
certified question filed by |
This phrase is
used in Texas. A question of law in the case you are SHEPARDIZING(TM) has
been certified to the Supreme Court of Texas by the Supreme Court of the
United States or a United States Court of Appeals under Rule 114. SHEPARD'S
Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| U.S.
certified question filed by |
A question of
law in the case has been certified to the Supreme Court of Texas by the
Supreme Court of the United States or a United States Court of Appeals under
Rule 114. Subsequently, that certified question has been answered. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| US
Supreme Court appeal pending at |
Appeal or
certiorari is pending before the U.S. Supreme Court in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| US
Supreme Court certiorari denied by |
The citing
order by the U.S. Supreme Court denies certiorari in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| US
Supreme Court certiorari dismissed by |
The citing
order by the U.S. Supreme Court dismisses certiorari in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| US
Supreme Court certiorari granted by |
The citing
order by the U.S. Supreme Court grants certiorari in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| US
Supreme Court rehearing denied by |
The citing
order by the U.S. Supreme Court denies rehearing in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| US
Supreme Court rehearing dismissed by |
The citing
order by the U.S. Supreme Court dismisses rehearing in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Unconstitutional
by |
The citing case
declares unconstitutional the statute, rule or regulation you are
SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative treatment is indicated
(Red) |
Warning (red) |
| Unconstitutional
by questionable precedent at |
The citing
case, which has been ordered depublished, declares unconstitutional the
statute, rule or regulation your SHEPARDIZING(TM). The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Unconstitutional
in part by |
The citing case
declares unconstitutional in part the statute, rule or regulation you are
SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative treatment is indicated
(Red) |
Warning (red) |
| Unconstitutional
in part by questionable precedent at |
The citing
case, which has been ordered depublished, declares unconstitutional in part
the statute, rule or regulation you are SHEPARDIZING(TM). The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Vacated
by |
The citing case
vacates or withdraws the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Vacated
by questionable precedent at |
The citing case
vacates or withdraws the case you are SHEPARDIZING(TM). The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Vacated
without op. by |
An appellate
court has annulled or set aside the lower court's judgment, decree or order
in the case you are SHEPARDIZING(TM), but without any written opinion
discussing its reason for vacating the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Vacatur
noted in |
The citing case
notes that all or part of the decision you are SHEPARDIZING(TM) has been
vacated by an earlier decision. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Vacatur
noted in Depublished Concurring Opinion at |
The citing
concurring opinion notes that all or part of the decision you are
SHEPARDIZING(TM) has been vacated by an earlier decision. The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Vacatur
noted in concurring opinion |
The citing
concurring opinion notes that all or part of the decision you are
SHEPARDIZING(TM) has been vacated by an earlier decision. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Vacatur
noted in questionable precedent at |
The citing case
notes that all or part of the decision you are SHEPARDIZING(TM) has been
vacated by an earlier decision. The citing case itself may be questionable
due to a later action that affects it precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Valid by |
The citing case
upholds the validity of the statute, rule, regulation or order you are
SHEPARDIZING(TM). SHEPARD'S Signal: Positive treatment is indicated (Green) |
Positive (green) |
| Valid by |
The citing case
holds that the patent you are SHEPARDIZING(TM) is valid. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Valid in
part by |
The citing case
holds that certain claims of the patent you are SHEPARDIZING(TM) are
valid. SHEPARD'S Signal: Positive
treatment is indicated (Green) |
Positive (green) |
| Valid,
Infringed by |
The citing case
holds that the patent you are SHEPARDIZING(TM) is valid and infringed. SHEPARD'S Signal: Positive treatment is
indicated (Green) |
Positive (green) |
| Valid,
Infringed in part by |
The citing case
holds that certain claims of the patent you are SHEPARDIZING(TM) are valid
and infringed. SHEPARD'S Signal:
Positive treatment is indicated (Green) |
Positive (green) |
| Valid,
Not infringed by |
The citing case
holds that the patent you are SHEPARDIZING(TM) is valid and not
infringed. SHEPARD'S Signal: Positive
treatment is indicated (Green) |
Positive (green) |
| Valid,
Not infringed in part by |
The citing case
holds that certain claims of the patent you are SHEPARDIZING(TM) are valid
and not infringed. SHEPARD'S Signal:
Positive treatment is indicated (Green) |
Positive (green) |
| Valid,
infringed, and limited by |
The citing case
holds that the patent you are SHEPARDIZING(TM) is valid, infringed and
limited. SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Valid,
limited by |
The citing case
holds that the patent you are SHEPARDIZING(TM) is valid and limited.
SHEPARD'S Signal: Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Valid/Depublished |
The citing
case, which has been ordered depublished, upholds the validity of the
statute, rule, regulation or order you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Validity
questioned by |
The continuing
validity or soundness of the case you are SHEPARDIZING(TM) is questioned
because of intervening circumstances, including a change in judicial law, the
passage of time or reversal, vacatur or withdrawal by another decision. SHEPARD'S Signal: Questioned: Validity questioned by citing
refs (Orange) |
Question
(orange) |
| Value
stipulated |
In the decision
you are SHEPARDIZING (TM), the Tax Board or Commission has approved the
property value stipulated to by the parties. |
Analysis (blue) |
| Varied |
Used with
Canadian cases when the citing decision does not expressly affirm or reverse
the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Void or
invalid by |
The citing case
declares void or invalid the statute, rule, regulation or order you are
SHEPARDIZING(TM) because it conflicts with an authority that takes priority.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Void or
invalid by questionable precedent at |
The citing
case, which has been ordered depublished, declares void or invalid the
statute, rule, regulation or order you are SHEPARDIZING(TM) because it
conflicts with an authority that takes priority. The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Void or
invalid in part by |
The citing case
declares void or invalid part of the statute, rule, regulation or order you
are SHEPARDIZING(TM) because it conflicts with an authority that takes
priority. SHEPARD'S Signal: Warning -
Negative treatment is indicated (Red) |
Warning (red) |
| Void or
invalid patent, Infringed in part by |
The citing case
holds that certain claims of the patent you are SHEPARDIZING(TM) are void,
invalid or unenforceable and/or infringed.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Void or
invalid patent, Not infringed by |
The citing case
holds that the patent you are SHEPARDIZING(TM) is void, invalid or
unenforceable and/or not infringed.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Void or
invalid, Infringed by |
The citing case
holds that the patent you are SHEPARDIZING(TM) is void, invalid or
unenforceable and/or infringed.
SHEPARD'S Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Void
patent by |
The citing case
holds that the patent you are SHEPARDIZING(TM) is void, invalid or
unenforceable. SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Void
patent in part by |
The citing case
holds that certain claims of the patent you are SHEPARDIZING(TM) are void,
invalid or unenforceable. SHEPARD'S
Signal: Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Withdrawal
noted in |
The citing case
notes that all or part of the decision you are SHEPARDIZING(TM) has been
withdrawn by an earlier decision. SHEPARD'S Signal: Warning - Negative
treatment is indicated (Red) |
Warning (red) |
| Withdrawal
noted in Depublished Concurring Opinion at |
The citing
concurring opinion notes that all or part of the decision you are
SHEPARDIZING(TM) has been withdrawn by an earlier decision. The citing case
itself may be questionable due to a later action that affects its
precedential value. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Withdrawal
noted in concurring opinion |
The citing
concurring opinion notes that all or part of the decision you are
SHEPARDIZING(TM) has been withdrawn by and earlier decision. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Withdrawal
noted in questionable precedent at |
The citing case
notes that all or part of the decision you are SHEPARDIZING(TM) has been
withdrawn by an earlier decision. The citing case itself may be questionable
due to a later action that affects its precedential value. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Withdrawn
by |
The citing
decision or order withdraws the decision or order you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Withdrawn
by publisher |
The publisher
of the case reporter has removed the case you are SHEPARDIZING(TM) from its
publication, sometimes to move it to a new location. SHEPARD'S Signal:
Warning - Negative treatment is indicated (Red) |
Warning (red) |
| Without
opinion by |
This phrase is
used in combination with another history phrase to note that there is only a
court's disposition at that citation, rather than a full opinion; e.g.,
"affirmed without opinion." SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Without
prejudice by |
A request,
motion, petition, or similar matter, in the case you are SHEPARDIZING(TM),
has been denied or dismissed; however the court has stated that the party
making the request, motion, petition, or similar matter has the option of
reasserting the issues or legal arguments raided therein at a future
date. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ
denied by |
The citing case
denies an application for a writ in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Writ
dismissed by |
The citing case
dismisses an application for a writ in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ
granted by |
The citing case
grants an application for a writ in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow). |
Caution (yellow) |
| Writ
granted by |
An application
for a writ has been granted. Subsequently, the writ proceeding has been
discontinued or no error has been found upon review. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ
granted without reference to merits |
The citing
order grants, without reference to the merits, application for writ of error
and remands the case you are SHEPARDIZING(TM) for rendition of judgment
according to a settlement agreement of the parties. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
Habeas corpus denied with written order |
The citing
order denies, with written opinion, application for writ of habeas corpus in
the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
certiorari denied |
The citing
order denies writ of certiorari in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
certiorari denied and appeal dismissed |
A higher court,
having before it both a motion for a writ of certiorari and an appeal from
the lower court's decision in the case you are SHEPARDIZING(TM), has decided
to refuse the writ of certiorari and has dismissed the appeal from the lower
court. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
certiorari dismissed |
A higher court,
after having exercised its discretion to accept or hear an appeal from the
lower court in the case you are SHEPARDIZING(TM), by granting a writ of
certiorari requiring the lower court to produce a certified record of the
case decided therein, has discontinued its appellate review, usually on the
ground that it was improvidently granted, without rendering a decision on the
merits of the case. The lower court
result is still good law, although further appeal may be possible. |
Analysis (blue) |
| Writ of
certiorari granted |
A higher court
has exercised its discretion to accept or hear an appeal from the lower court
in the case you are SHEPARDIZING(TM), by agreeing to issue a writ of
certiorari, a common law process requiring the lower court to produce a
certified record of the case decided therein for purposes of appellate
review. There will likely be a
subsequent order or opinion by the higher court to indicate its disposition
of the appeal. SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Writ of
certiorari granted |
A higher court
has exercised its discretion to accept or hear an appeal from the lower court
by agreeing to issue a writ of certiorari, a common law process requiring the
lower court to produce a certified record of the case decided therein for
purposes of appellate review. Subsequently, the writ of certiorari has been
discontinued or the higher court has affirmed. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
certiorari granted in part and denied in part |
A higher court
has decided to issue a writ of certiorari to the lower court in the case you
are SHEPARDIZING(TM) on some issues, while declining to issue the writ for
other issues. SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Writ of
certiorari granted in part and denied in part |
A higher court
has decided to issue a writ of certiorari to the lower court on some issues,
while declining to issue the writ for other issues. Subsequently, the writ of
certiorari has been discontinued or the higher court has affirmed. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
certiorari quashed |
A higher court,
after having previously decided to issue a writ of certiorari to the lower
court in the case you are SHEPARDIZING(TM), has decided to discontinue its
appellate review without rendering a decision on the merits of the lower
court case, usually on the ground that certiorari was improvidently granted.
The language "certiorari quashed" is specifically used. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
certiorari vacated |
A higher court,
after having previously granted an appeal from the lower court in the case
you are SHEPARDIZING(TM), discontinues its appellate review without rendering
an decision on the merits of the case, usually on the ground that the appeal
was improvidently granted. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error denied |
The citing
order denies application for writ of error in the case you are
SHEPARDIZING(TM). In Texas Supreme Court cases, the Supreme Court is not
satisfied that the opinion of the Court of Appeals is correct in all respects
but opines that the application presents no error of law that requires
reversal or is of such importance as to require correction. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error dismissed |
This phrase is
used mainly in Texas. Appellant has
failed to comply with the Rules of Appellate Procedure, or with any order of
the Court. Writ is dismissed on
Court's own motion under Rule 60 of the Texas Rules of Appellate
Procedure. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error dismissed by agreement |
The citing
order dismisses, by agreement of the parties, application for writ of error
in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error dismissed by agreement |
This phrase is
used mainly in Texas. Writ of error is disposed of by filed agreement of the
parties, or on appellant's motion to dismiss the appeal under Rule 59 of the
Texas Rules of Appellate Procedure. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error dismissed for want of bond |
The citing
order dismisses, for want of bond, the writ in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error dismissed for want of jurisdiction |
The citing
order dismisses, for want of jurisdiction, application for writ of error in
the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error dismissed for want of prosecution |
The citing
order dismisses, for want of prosecution, the writ in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error dismissed on motion by applicant |
The citing
order dismisses, on motion of the applicant, the writ in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error dismissed or refused |
The citing
order dismisses or refuses writ of error in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error dismissed, judgment correct |
The citing
order dismisses application for writ of error in the case you are
SHEPARDIZING(TM), upholding the judgment as correct. In Texas Supreme Court
cases, the Supreme Court is not satisfied that the opinion of the Court of
Appeals is correct in all respects but opines that the application presents
no error of law that requires reversal or is of such importance as to require
correction. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error filed |
This phrase is
used in Texas. A party wishing to
appeal a final judgment in the case you are SHEPARDIZING(TM) to the Court of
Appeals has filed a petition to sue out a writ of error with the Clerk of the
Court of Appeals under Rule 132 of the Texas Rules of Appellate
Procedure. SHEPARD'S Signal: Caution -
Possible negative treatment (Yellow) |
Caution (yellow) |
| Writ of
error granted |
The citing
order grants application for writ of error in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Writ of
error granted |
Application for
writ of error has been granted. Subsequently, the writ of error has been
discontinued or no error has been found upon review. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error not considered |
This phrase is
used in Texas. A writ of error filed
pursuant to Rule 132 of the Texas Rules of Appellate Procedure has been
ordered redrawn, or has been annulled by the court sua sponte or on motion of
a party. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error refused |
The citing
order refuses application for writ of error in the case you are
SHEPARDIZING(TM). In Texas Supreme Court cases, the Supreme Court is
satisfied that the judgment of the Court of Appeals is correct. SHEPARD'S
Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error refused for want of merit |
The citing
order refuses, for want of merit, application for writ of error in the case
you are SHEPARDIZING(TM). In Texas Supreme Court cases, the Supreme Court is
not satisfied that the opinion of the Court of Appeals is correct in all
respects but opines that the application presents no error of law that
requires reversal or is of such importance as to require correction. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error refused no reversible error |
The citing
order refuses application for writ of error in the case you are
SHEPARDIZING(TM), finding no reversible error. In Texas Supreme Court cases,
the Supreme Court is not satisfied that the opinion of the Court of Appeals
is correct in all respects but opines that the application presents no error
of law that requires reversal or is of such importance as to require
correction. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
error transferred |
A court has
deferred its decision on the merit of the writ in the case you are
SHEPARDIZING(TM) to another court.
This phrase is used with older Texas cases. SHEPARD'S Signal: Caution
- Possible negative treatment (Yellow) |
Caution (yellow) |
| Writ of
habeas corpus denied |
The court has
refused to issue a writ of habeas corpus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
habeas corpus denied without written order |
The citing
order denies, without written opinion, application for writ of habeas corpus
in the case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
habeas corpus dismissed |
The citing
order dismisses application for writ of habeas corpus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
habeas corpus filed |
A petition
seeking the issuance of a writ of habeas corpus in the case you are
SHEPARDIZING(TM) has been presented to Clerk of the Court of Appeals, with
the appropriate deposit of costs under Rule 120 of the Texas Rules of
Appellate Procedure. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
habeas corpus granted |
The citing
order grants application for writ of habeas corpus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Writ of
habeas corpus requested |
The citing
reference notes an application for writ of habeas corpus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Writ of
habeas corpus returned no action |
The citing
order returns, marked no action, application for writ of habeas corpus in the
case you are SHEPARDIZING(TM).
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus and cause of relator filed |
A petition for
a writ of mandamus, together with the cause of the relator has been filed in
the case you are SHEPARDIZING(TM) under Rule 121 of the Texas Rules of
Appellate Procedure. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus and writ of prohibition filed |
A petition for
a writ of mandamus and a writ of prohibition has been filed in the case you
are SHEPARDIZING(TM) under Rule 121 of the Texas Rules of Appellate
Procedure. SHEPARD'S Signal: Neutral
treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus and writ of prohibition overruled |
The Texas
Supreme Court has overruled a motion for leave to file a petition for a writ
of mandamus and writ of prohibition in the case you are SHEPARDIZING(TM)
under Rule 121 of the Texas Rules of Appellate Procedure. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus awarded |
The citing
order awards writ of mandamus in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible
negative treatment (Yellow) |
Caution (yellow) |
| Writ of
mandamus denied |
The citing
order denies application for writ of mandamus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus denied |
A party to the
case you are SHEPARDIZING(TM) has moved a higher court to command a lower
court to perform some act; the higher
court has denied the request.
SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus filed |
A proceeding
for a writ of mandamus has been commenced in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Writ of
mandamus filed |
An application
for a writ of mandamus has been filed. Subsequently, it has been denied or
discontinued. SHEPARD'S Signal: Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus granted |
The citing
order grants application for writ of mandamus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Writ of
mandamus granted |
A party to the
case you are SHEPARDIZING(TM) has moved a higher court to command a lower
court to perform some act; the higher
court has granted the request. SHEPARD'S Signal: Caution - Possible negative
treatment (Yellow) |
Caution (yellow) |
| Writ of
mandamus granted in part |
The citing
order grants in part application for writ of mandamus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Writ of
mandamus issued |
The citing
order declares that writ of mandamus will issue in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Caution - Possible negative treatment (Yellow) |
Caution (yellow) |
| Writ of
mandamus overruled |
The citing
order overrules motion for writ of mandamus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus overruled |
The Texas
Supreme Court has overruled a motion for leave to file a petition for a writ
of mandamus under Rule 121 of the Texas Rules of Appellate Procedure. SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus refused |
The citing
order refuses application for writ of mandamus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus refused in part |
The citing
order refuses in part application for writ of mandamus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
mandamus requested |
The citing
reference notes application for writ of mandamus in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Writ of
rehearing denied |
The citing
order denies rehearing of an application for writ in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ of
rehearing granted |
The citing
order grants rehearing of an application for writ in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Writ
quashed |
A request for
appellate review of the order in the case you are SHEPARDIZING(TM) is
annulled by the court, and the phrase "writ quashed" is
specifically used. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
| Writ
refused by |
The citing case
refuses an application for a writ in the case you are SHEPARDIZING(TM). SHEPARD'S Signal: Neutral treatment is
indicated. (Dark Blue) |
Analysis (blue) |
| Writ
requested |
The citing
reference notes an application for writ of error in the case you are
SHEPARDIZING(TM). SHEPARD'S Signal: Caution - Possible negative treatment
(Yellow) |
Caution (yellow) |
| Writs of
error as amended overruled |
This phrase is
used in Texas. An application for a
writ of error in the case you are SHEPARDIZING(TM), amended in accordance
with Rule 131(f) of the Texas Rules of Appellate Procedure, has nonetheless
been overruled. SHEPARD'S Signal:
Neutral treatment is indicated. (Dark Blue) |
Analysis (blue) |
|
|
|