Back in January I blogged about how frequently, and in what types of cases, the Fourth Circuit was issuing published opinions after submission on briefs–a new phenomenon in the Circuit made possible only by the...more
It doesn’t take long for those who read judicial opinions to come across an unsigned, “per curiam” decision. Many decisions from the U.S. Supreme Court, federal circuit courts, and our state Supreme Court are short-ish...more
Known for the elegance of his Latin, French humanist Marc Antoine Muret observed "que Graece Latineque sciat, is, quocunque terrarum venerit, apud plerosque admirationi erit (and whoever knows Greek or Latin, wherever in the...more
It’s well-understood that unpublished decisions don’t have precedential value under the doctrine of stare decisis. The Michigan Court of Appeals has even cautioned against citing them, warning that “[c]onsideration of...more
Since the Supreme Court of Pennsylvania decided Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), parties proceeding in product liability cases in Pennsylvania often disagree about jury instructions. In Davis v....more
Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time, other procedures are entirely distinct. As a matter of...more
When the North Carolina Court of Appeals decides not to publish an opinion, the opinion is not controlling precedent and citations to it in briefs, and arguments are disfavored. Nevertheless, unpublished opinions can be...more