Jonah Patel
In law, a difference of opinion is defined as any difference of opinion between parties to a particular legal relationship or agreement. Substantial grounds for a difference of opinion exist when there is conflicting authority on an issue or when the issue is particularly difficult and one of first impression. This can occur when a controlling question of law is involved, and an immediate appeal from an order may materially advance the ultimate termination of litigation. For example, in the case of U.S. ex rel Colucci v. Beth Israel Med. Ctr., the court found substantial grounds for a difference of opinion.
| Characteristics | Values |
|---|---|
| Conflicting authority on the issue | Courts have found substantial ground for difference of opinion |
| Controlling question of law | A district judge's order may involve a controlling question of law |
| No clear, controlling precedent | There is no clear, controlling precedent on point in the decisions of the Supreme Court |
| Determination of the issues | Determination of the issues will be dispositive of a material aspect of the proceeding |
| Interests of the parties | It is in the best interest of the parties to seek an interlocutory appeal |
| Impairment of rights | An interlocutory appeal may be allowed when a party's constitutional rights may be impaired |
| Injunction | A party may appeal from an interlocutory order granting or dissolving an injunction |
| Published research record | A difference of opinion generally contrasts with a prevailing opinion included in a published research record |
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What You'll Learn
Conflicting authority on an issue
For example, in the United States, 28 U.S.C. § 1292(b) outlines the conditions under which an interlocutory appeal may be permitted by a higher court. One of the criteria for an interlocutory appeal is the presence of a "controlling question of law as to which there is a substantial ground for difference of opinion". This means that there is a significant legal question at stake, and there is a legitimate reason for judges or legal experts to disagree on the correct interpretation or application of the law.
In the case of Ryan, Beck & Co., LLC v. Fakih, it was established that disagreement among courts outside the circuit does not alone constitute substantial grounds for a difference of opinion. Instead, the cited cases must be relevant and persuasive to the specific issue at hand.
Additionally, the mere presence of a disputed issue that is a question of first impression is not sufficient on its own to demonstrate substantial grounds for a difference of opinion. This was highlighted in In re Flor, where it was determined that judges should exercise discretion and consider the interests of judicial efficiency when evaluating whether substantial grounds exist.
In summary, conflicting authority on an issue can constitute substantial grounds for a difference of opinion, particularly when the issue is complex, open to interpretation, or subject to conflicting interpretations by authorities.
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Conflicting scientific data
COIs can occur when an institution or individual has financial, political, or legal interests that influence their scientific research or decision-making. For example, a university conducting a clinical trial sponsored by a company in which the university owns stock or has licensed inventions.
In the case of conflicting scientific data, it is important to consider the robustness of the data and the methods used to interpret it. This includes examining the percentage agreement between coders or reviewers, which can provide insight into the reliability and validity of the data.
Additionally, the nature of the sentences or keywords used in scientific literature can also indicate areas of disagreement or ambiguity. Terms such as "questionable" or "no consensus" may indicate a lack of agreement or conflicting interpretations.
It is also worth noting that conflicting opinions or interpretations of data are not inherently negative. They can lead to further investigation, debate, and the generation of new hypotheses. However, it is crucial to ensure that COIs are minimised or disclosed to maintain the integrity of scientific research and decision-making processes.
Overall, conflicting scientific data can provide substantial grounds for a difference of opinion, and it is important to carefully evaluate the methodologies, interests, and interpretations involved to resolve these conflicts and reach reliable conclusions.
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Controlling question of law
A "controlling question of law" is a concept in US law that relates to interlocutory appeals. An interlocutory appeal is a request for an appellate court to review a judge's decision before a trial has concluded in a lower court.
In the US, a district judge can allow an interlocutory appeal if they believe that an order involves a controlling question of law, that there are substantial grounds for a difference of opinion, and that an immediate appeal may advance the ultimate termination of the litigation.
Substantial grounds for a difference of opinion may be found where there is conflicting authority on the issue, or the issue is particularly difficult and one of first impression in the circuit. However, disagreement among courts outside the circuit does not alone support the certification of an interlocutory appeal. The presence of a disputed issue that is a question of first impression, on its own, is insufficient to demonstrate substantial grounds for a difference of opinion.
The US Supreme Court has provided additional guidance on the "collateral order doctrine", which allows appeals of interlocutory orders when they "fall in that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action".
In the context of the Circuit Court, certification of an interlocutory appeal requires that there is a question of law as to which there is substantial ground for a difference of opinion, there is no clear controlling precedent on point, determination of the issues will be dispositive of a material aspect of the proceeding, and it is in the parties' best interest to seek an interlocutory appeal.
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Interlocutory appeals
To obtain an interlocutory appeal, certain requirements must be met. Firstly, the appeal must involve a controlling question of law as to which there is a substantial ground for a difference of opinion. This means that there is no clear, controlling precedent on the issue in previous decisions of higher courts. Secondly, the appeal must have the potential to materially advance the termination of the litigation. In other words, the determination of the issue through an interlocutory appeal will significantly impact the resolution of the case.
In federal court, certain types of decisions qualify automatically for interlocutory appeals, including orders denying arbitration, granting or denying preliminary injunctions, and appointing a receiver. For other types of decisions, a party may seek discretionary review through mechanisms like 28 U.S.C. 1292(b) or F.R.C.P. 23(f) for class certification orders.
When seeking an interlocutory appeal, it is important to act quickly. In some cases, an application for an interlocutory appeal must be made within ten days of the entry of the order. Additionally, it is essential to ensure that the issue fits into a recognized category and pattern and is of importance to the legal world in general, not just the specific case.
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No clear, controlling precedent
When it comes to the law, a difference of opinion can be a complex matter. In legal terms, a difference of opinion generally refers to a situation where there is a conflict of authority on a specific issue or a matter that is particularly challenging and novel, also known as a "question of first impression".
In the context of interlocutory appeals, a difference of opinion takes on a specific meaning. For a court to permit an interlocutory appeal, certain conditions must be met. One of these conditions is the presence of a "controlling question of law", which means that the issue at hand significantly impacts the outcome of the case and is not simply a matter of procedure or evidence.
However, having a controlling question of law is not enough. The question of law must also meet the criterion of having "no clear, controlling precedent". This means that there is no previous decision or established rule by a higher court or within the same jurisdiction that directly applies to or governs the current case. In other words, it is a unique or novel legal issue that has not been addressed or resolved by a higher authority.
When there is no clear, controlling precedent, it indicates that the legal issue at hand is complex, ambiguous, or has not been adequately addressed in previous cases. This lack of precedent can create uncertainty and make it challenging for lower courts to determine how to proceed. In such situations, an interlocutory appeal may be permitted to seek guidance from a higher court.
The absence of clear, controlling precedent can occur for various reasons. It may be that the legal issue is unprecedented and has not been encountered before, or it could be that previous cases have not provided a clear or consistent ruling on the matter, leaving room for differing interpretations.
In conclusion, the absence of clear, controlling precedent is an important factor in determining whether there are substantial grounds for a difference of opinion. It highlights the complexity and uncertainty surrounding a legal issue, justifying the need for further review or clarification by a higher court through the interlocutory appeal process.
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Frequently asked questions
A difference of opinion is any alternative view held by a researcher substantively engaged in a scientific subject area. It generally contrasts with a prevailing opinion included in a published research record or generally accepted by the relevant scientific community.
Substantial grounds for a difference of opinion exist when there is conflicting authority on an issue or when the issue is particularly difficult and one of first impression in a circuit court.
A district judge must determine whether an order involves a controlling question of law as to which there is a substantial ground for a difference of opinion. If so, an immediate appeal from the order may be permitted to advance the ultimate termination of the litigation.
The Circuit Court must certify in writing that the order or decree involves a question of law with substantial grounds for a difference of opinion, no clear controlling precedent, and that a determination of the issues will be dispositive of a material aspect of the proceeding.
