Conflicting Precedents

April 25, 2012

  • 106 Courts
  • 106II Establishment, Organization, and Procedure
  • 106II(G) Rules of Decision
  • 106k88 Previous Decisions as Controlling or as Precedents
  • 106k90 Decisions of Same Court or Co-Ordinate Court
  • 106k90(2) k. Number of Judges Concurring in Opinion, and Opinion by Divided Court.

106 CourtsWhen faced with conflicting precedents, Court of Appeals is free to choose which line of cases to follow.
Blodgett v. C.I.R., 394 F.3d 1030 (8th Cir. 2005)