"There was clearly no factual basis but it was very opportunistic," she says.
Robertson's clearly presented factual and technical evidence was highly persuasive, and Klein's clients were awarded a total of $33 million in compensatory and punitive damages.
Ultimately, the Court has discretion to grant or deny the motion, and its decision may not be disturbed absent a clearly erroneous factual determination, an error of law, or an abuse of discretion.
"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).
For him the Ramsey sentence asserted that "observable events in the world are such that there are numbers, classes of such, etc., which are correlated with events in a prescribed way and which have among themselves certain relations", this being "clearly a factual statement about the world" (Carnap 1963b, 963).
Based on a clearly erroneous factual finding.
As Rosi Braidotti clearly explains: "The factual element that founds the project of sexual difference, namely, the critique of Woman as a sign of devalorized otherness, is not biological, it is biocultural, that is to say, historical.
But this isn't really a factual claim; clearly, you can make a case either way.
The new material is a "remarkable discovery" that "clearly provides the first factual basis" that the internal nostrils of tetrapods are derived from the rear nostrils of fish, writes Philippe Janvier of the National Museum of Natural History in Paris, in a commentary in the same issue of Nature.
Would the Daily News have tweeted -- merely four hours after the shooting -- "UPDATE: Muslim soldier kills 3?" Again, factual, but clearly, that headline would have sent a subtle but unmistakeable message: Muslim.
