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I never said that district court decisions had no value; simply that you're not going to find them easily in PACER. And there's nothing wrong with citing casela
by pseingatl 14y ago
I never said that district court decisions had no value; simply that you're not going to find them easily in PACER. And there's nothing wrong with citing caselaw in F.Supp.; but my point is that lawyers do not normally do case law research using PACER.
The way the US legal system should work is that once the parties see that Judge So-and-so is right, litigation should cease, right? But it doesn't work that way. Especially at the federal level--if Main Justice doesn't like a decision they'll keep shopping until they get one they like--as will any other litigant who has to litigate in multiple jurisdictions.
And my friend, since when do district judges follow the decisions of their district colleagues? Those decisions are only persuasive as well. Look at my SDFla comment. The only binding precedents are those from the Supremes and those that come from your circuit (or the 5th, if you're in the 11th and there's a need to cite a pre-1982? case). Or the Fed. Cir. for matters within their jurisdiction. Or the FS Ct., but now we are really far afield.