Friday, January 19, 2007

Inconsistent 2d Circuit opinions

Although not a new decision, ABL adds this to his online "form file" because it comes in handy every so often. In European Community v. RJR Nabisco, Inc., 424 F.3d 175, 179 (2d Cir. 2005), the 2d Circuit noted that it is "bound by the decisions of prior panels until such time as they are overruled either by an en banc panel of our Court or by the Supreme Court . . . . [with the exception being] where there has been an intervening Supreme Court decision that casts doubt on our controlling precedent."

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