Tag Archives: precedent

Are Unpublished Cases Precedential? The Citation of Unpublished Cases In Sixth Circuit Decisions

In a previous post, we looked at how often various circuits issue unpublished opinions and the differences between their rules on published decisions.  The Sixth Circuit’s most recent directive is that “[u]npublished decisions in the Sixth Circuit are, of course, not binding precedent on subsequent panels, but their reasoning may be ‘instructive’ or helpful.”  Crump v. … Continue Reading

The Refusal To Confront Bad Precedent May Result In Sanctions

In the otherwise legally unremarkable decision in Waeschle v. Dragovic (11-1878), the Sixth Circuit warned that the failure to cite controlling precedent may result in sanctions.   The panel found that Albrecht v. Treon, 617 F.3d 890 (6th Cir. 2010) was “clear circuit precedent that rendered [the appellant’s] argument meritless.”  The Court criticized the appellant’s … Continue Reading
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