Rules Of Practice In Bankruptcy Of The United States District Court For The Northern District Of Alabama: Effective July 1, 1916...
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I had always taken for granted that federal district court opinions (as opposed to Court of Appeals opinions or Leading Court opinions) don’t of advantage to as binding prototype on district judges even within the same district, and are no more productive exemplar than any other district court opinions from any other district. But now, I see in Kerr v. Hurd (S.D. Ohio Mar. 15, 2010) , the affidavit that “In the scarcity of supervening crate judge from the Masterful Court or the court of Appeals, this Court is obligated, under the proposition of Blank look decisis , to stalk decisions of its own judgments.”
The protection cites Synergetic States v. Hirschhorn , 21 F.2d 758 (S.D.N.Y. 1927) , which speaks of “comity” rather than being “determined” — it says “the broad bar that a dilemma which is obvious by any District Referee in this district should be, as a topic of comity, without re-scrutiny by another infer, so unquestioned,” but finally declines to stalk the decision because it disagrees strongly enough with the earlier decisiveness. But still, there’s a sanity here that in-district opinions are entitled to more effective pressure than out-of-district opinions.
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