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Hart v. Massanari
United States Court of Appeals for the Ninth Circuit
266 F.3d 1155 (2001)
In his opening brief to the United States Court of Appeals for the Ninth Circuit, the attorney for Patricia Hart (plaintiff) cited an unpublished Ninth Circuit opinion, Rice v. Chater, No. 95-35604, 1996 WL 583605 (1996). Ninth Circuit Rule 36-3 provided that unpublished opinions were not binding precedent and could not be cited by parties in cases before the Ninth Circuit or other courts within the circuit. The Ninth Circuit ordered Hart’s attorney to show cause and explain why he should not be sanctioned for violating Rule 36-3. In his response, Hart’s attorney cited Anastasoff v. United States, 223 F.3d 898 (2000), in which the United States Court of Appeals for the Eighth Circuit held that all appellate court decisions should have precedential value and that court rules that provided otherwise were unconstitutional.
Rule of Law
Holding and Reasoning (Kozinski, J.)
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