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Commentary: In Intra-Circuit Splits, Which Decision Governs?

With at least one notable exception, writes litigator Howard J. Bashman, almost every federal appellate court takes the position that, when two of its own rulings conflict on a point of law, the ruling that issued first controls in the absence of rehearing en banc. In this commentary, Bashman examines that exception and its pros and cons.

This entry was posted on Monday, July 30th, 2007 at 12:06 pm and is filed under Lawyer - News.