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An Unsettling Period for ‘Settled Law’
Litigation Section; Committee on Appellate Courts
Credit(s):
1 Legal Specialization in Appellate Law
1 Participatory MCLE Credits
Recent cases from the United States Supreme Court have shown what has been considered “settled law” can nonetheless be overruled. This creates opportunities and pitfalls for practitioners. Counsel has an ethical duty to inform the court of controlling authority. Nonetheless, the existence of adverse controlling authority is not necessarily determinative. This seminar discusses what authority is controlling and how to handle adverse case law. Finally, this seminar discusses the philosophical and practical implications of a period when “settled law” is not so settled.
1 Legal Specialization in Appellate Law
1 Participatory MCLE Credits
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