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Federal judiciary supports citing unpublished opinions
The Judicial Conference of the United States has approved new Rule 32.1 of the Federal Rules of Appellate Procedure, which concerns the citation of unpublished opinions, which still must be approved by the Supreme Court and transmitted to Congress. The citation rule change would end a debate that has split the circuits. The Second, Seventh, Ninth and Federal circuits ban citation of unpublished opinions outright, while six other circuits discourage it. If approved, Rule 32.1 would permit the citation in briefs of opinions, orders, or other judicial dispositions that have been designated “not for publication,” “non-precedential,” or the like. The rule applies only to decisions issued on or after Jan. 1, 2007.
EEOC rule allowing for reduced benefits upon Medicare eligibility is upheld
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