June 11, 2013

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Ryley Carlock Shareholder Publishes Prominent Appellate Journal Article

PHOENIX, ARIZONA (June 11, 2013) Ryley Carlock & Applewhite Shareholder Mike Moberly, has written an article that was recently published in the highly regarded Journal of Appellate Practice and Process by the University of Arkansas at Little Rock School of Law. The law school distributes copies of the Journal to every state and federal appellate court judge in the country, as well as to many scholars and practicing lawyers who subscribe to the publication.

In his article, Moberly takes a practical look at the authoritative and persuasive value of appellate court opinions that have been vacated, as well as the ability of litigants to cite those opinions in subsequent cases. He ultimately concludes that despite some case law suggesting otherwise, litigants should be permitted to cite vacated appellate opinions in subsequent cases to the same extent they can rely on other types of nonbinding authority, such as concurring, dissenting and plurality opinions, legal treatises, law review articles, and even non-legal sources.

To view a copy of the article, click here.
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