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Westlaw search tips for a particular subject?

 
 
Reply Tue 28 Nov, 2006 12:33 pm
I'm trying to find some caselaw on a situation where someone did not follow the exact particular process to challenge a policy.

He was turned down because he did not follow a procedural issue (really something very very minor). I'm trying to think of a good way to westlaw search a phrase that will bring up caselaw stating that the courts will be willing to overlook lack of adherance of a minor procedural issue because of the importance of a substantive issue being brought up by a claimant.

Any tips? I'm not pulling up much so far... Thanks!
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Type: Discussion • Score: 2 • Views: 1,266 • Replies: 10
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joefromchicago
 
  1  
Reply Tue 28 Nov, 2006 01:01 pm
A minor violation of procedure might be described as "de minimis," so that might be a phrase you'd want to use.
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ossobuco
 
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Reply Tue 28 Nov, 2006 01:02 pm
I don't know the answer, just posting to say I've missed seeing you around here.
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roger
 
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Reply Tue 28 Nov, 2006 01:22 pm
Joe, any way to use "de minimis" without a jillion hits on de minimis employee fringe benefits? Asking for Justan, of course
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joefromchicago
 
  1  
Reply Tue 28 Nov, 2006 01:47 pm
roger wrote:
Joe, any way to use "de minimis" without a jillion hits on de minimis employee fringe benefits? Asking for Justan, of course

I'm sure there's a way to limit search terms in Westlaw (I haven't used Westlaw in a really long time -- we have Lexis in our office). In Lexis, for instance, you could use the search terms "de minimis but not employ!" to weed out the employment cases. Westlaw must have an equivalent.
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JustanObserver
 
  1  
Reply Tue 28 Nov, 2006 10:09 pm
Good call on "de minimus." I sort of found sucess with a few other choice phrases, but when you're researching something a little more complex like this, sometimes it takes time to find the right terms.

By the way, thanks ossobuco!

Oh, and I forgot to mention... I PASSED THE NEW YORK BAR EXAM!!!!

WOOOOOOO HOOOOO!

For those of you who might have missed it, a few days before the test I started to have a bit of a breakdown and submitted this post. Needless to say, I pulled through. Thank GOD!
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ossobuco
 
  1  
Reply Tue 28 Nov, 2006 10:59 pm
I knew you would, you sly dog. Congratulations.
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jespah
 
  1  
Reply Wed 29 Nov, 2006 07:44 am
Congratulations, Justan! Smile
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JPB
 
  1  
Reply Wed 29 Nov, 2006 07:57 am
Way to go, JaO! Well done.
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joefromchicago
 
  1  
Reply Wed 29 Nov, 2006 08:43 am
Well done, Justan! Welcome to the club (you will be taught the secret handshake in a few weeks).
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Walter Hinteler
 
  1  
Reply Wed 29 Nov, 2006 02:36 pm
Congrats, Justan!

Let's Drink. (GOETHE, 1810)

We're gathered together to sing and rejoice,
My Brothers! Ergo bibamus!
Let's raise our glasses and stop idle talk and
Remember: Ergo bibamus!
The motto is old and tested through time
It fits the occasion whatever the kind
The echo sounds forth from so festive a place,
A glorious Ergo bibamus!
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