Topic: the court has misapprehended the facts, a party's position,… · Go Syfert
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Topic #5978

3 canonical passages across 2 cases, quoted by 58 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Barber Ex Rel. Barber v. Colorado Dept. of Revenue.

#Case FlagCanonical passage Citers
1 Barber Ex Rel. Barber v. Colorado Dept. of Revenue Anchor
ca10 · 2009
green “the court has misapprehended the facts, a party's position, or the controlling law.” 23
2 Somerlott v. Cherokee Nation Distributors, Inc.
ca10 · 2012
green “grounds for granting a rule 59(e) motion include '(1) an intervening change in the controlling law, (2) new evidence previously unavailable, and (3) the need to correct clear error or prevent manifest injustice.” 22
3 Barber Ex Rel. Barber v. Colorado Dept. of Revenue
ca10 · 2009
green “misapprehended the facts, a party's position, or the controlling law.” 13

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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