The footnote re the “Clearly Erroneous” standards in the appeals section should be revised to state the following standards since the existing references are way too vague and subjective, making it difficult for panelists to know what their obligations are on ruling and on appeal considersation.

 

We should instead be focused on a clearly erroneous standard that is more specific:

 

Clearly erroneous: leave an Objection ruling in place unless (1) the panel failed to follow the appropriate procedures or (2) failed to consider/solicit necessary material evidence or information.

 

 

 

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman@lrrc.com

_____________________________

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 2000

Tucson, Arizona 85701-1611

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