Friday, April 1, 2016

Your Puny "Orders" Cannot Shackle Me!


I've been waiting for the revolution, for the call to rise up and unshackle those chains!

It's here, and it's good -- as in Goodman:

The Undersigned is bound only by decisions of the United States Supreme Court and the Eleventh Circuit Court of Appeals. The decision of a federal district judge is not binding precedent in a different judicial district, the same judicial district ‐ or even upon the same judge in a different case.

Ok, binding is technically true, but prior opinions by the same judge or Court on the same issue should be persuasive and clearly is precedent, but I guess I never thought of the Judge's point quite that way.

Happy Friday!

3 comments:

P. Guyotat said...

I don't know, SFL. Many district-level orders are well done and are persuasive. But many -- because the briefing was shoddy, because they were done quickly, because of different skill or experience levels of the judge and the clerk -- are of fairly poor quality, too. Judge Goodman is correct to have reviewed each of the orders cited and to side with the one he thought was legally correct.

South Florida Lawyers said...

Oh I totally agree, just liked the way he put it is all.

Anonymous said...

Uh-oh....someone caught a bout of the Macaliley flu......