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In the case of CNet, Sandell justified its tactics by saying in a filing that the contracts did not give it "direct or indirect voting, investment or dispositive control over any securities" and therefore it disclaimed "any beneficial ownership in securities that may be referenced in such contracts".
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The good political news -- it shows that such considerations, if not passé, are at least not dispositive.
For many swing voters, the GOP's extremist positions on birth control could very well be dispositive determinants of their votes next November.
The dispute there centered on the action of a federal agency (IRS) and its compatibility with a federal statute, the question qualified as "substantial," and its resolution was both dispositive of the case and would be controlling in numerous other cases.
Assuming ar-guendo that controlling Court of Appeals' authority could be a dispositive source of clearly established law in the circumstances of this case, the Tenth Circuit's cases do not satisfy the "clearly established" standard here.
Thus, it was not dispositive that Francine had separate ownership through the transmutation agreement, since the de facto control of the assets were really in Dominic's hands at all times.
There are also some rather moving (though, it must be said, not quite dispositive) interviews with people who say they lost jobs after their employers came under the control of Bain Capital.
Is this dispositive?
None of this is dispositive.
This in itself is dispositive.
Their laughter should hardly be dispositive.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com