2, Ninth, of representatives, even though that certification is based upon an erroneous interpretation of the statute.
Eurotunnel said the CMA's preliminary decision was "based upon an erroneous analysis of the significant changes in the cross-Channel ferry market".
The reason for this mistake is that the whole concept of collaborative divorce is based upon an erroneous understanding of what collaboration really means.
The Court of Appeals thought, not without reason, that the acquittal was based upon an egregiously erroneous foundation.
The fundamental nature of this rule is manifested by its explicit extension to situations where an acquittal is "based upon an egregiously erroneous foundation". Fong Foo v. United States, 369 U.S. 141, 143, 82 S.Ct.
It has been half a century since we first recognized that the Double Jeopardy Clause bars retrial following a court-decreed acquittal, even if the ac- quittal is "based upon an egregiously erroneous foundation". Fong Foo v. United States, 369 U. S. 141, 143 (1962) (per curiam).
See post, at 5 (noting "how far [our cases] have departed from the common-law principles that applied at the time of the founding"); compare post, at 12 ("Permitting retrial in these egregious cases is especially appropriate"), with Fong Foo v. United States, 369 U. S. 141, 143 (1962) (per curiam) (according finality to even those acquittals "based upon an egregiously erroneous foundation").
"An abuse of discretion may be established by showing that the court made a clear error of judgment in weighing relevant factors or exercised its discretion based upon an error of law or clearly erroneous factual findings". Id.
See id.; Novo Nordisk, 77 F.3d at 1367, 37 USPQ2d at 1775 (Fed. Cir. 1996) (stating that an abuse of discretion in granting a preliminary injunction may be established by showing that the court made a clear error of judgment in weighing relevant factors or exercised its discretion based upon an error of law or clearly erroneous factual findings).
Judith helped stop Florida's use of an erroneous felon purge list in 2004, and served as counsel against the RNC, stopping challenges against voters of color based upon an illegal voter caging program.
Based, however, upon an erroneous analogy to the justifications underlying successive state and federal prosecutions, the court's conclusion seems uncompelling.
