Tuesday, August 15, 2023, 12:10 pm – 1:10 pm

If two panels of the same appellate court disagree, which opinion controls future disputes? The answer is surprisingly difficult to predict, with two schools of thought competing for primacy: (1) “older is better” versus (2) “later is greater.” Hear authors Kim Berman, Robert Scavone, and Adam Richardson describe the historical jurisprudence underpinning this debate and give advice for lawyers who confront intra-district conflicts in their own case–essential guidance for all lawyers who handle appeals.

Kim Berman, Robert Scavone and Adam Richardson

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