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Your Best Precedent Is Unpublished: Now What?

Imagine counsel representing litigants before a court. An attorney for one party takes a position on the issue. The court responds that, in a previously filed pleading, counsel had taken the opposite position on behalf of his or her client. The attorney responds, "No, Your Honor, that was an 'unpublished' filing. Not only am I not bound by it, in this jurisdiction, you are not even permitted to bring that unpublished filing to my attention."

10 minute read June 01, 2015 at 12:17 PM
By
Cameron W. Gilbert
Your Best Precedent Is Unpublished: Now What?

Imagine counsel representing litigants before a court. An attorney for one party takes a position on the issue. The court responds that, in a previously filed pleading, counsel had taken the opposite position on behalf of his or her client.

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