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Unpublished" federal appellate decisions are published in the Federal Appendix. From 2000 to 2008, the U.S. Court of Appeals for the 4th Circuit had the highest rate of non-publication (92%), and more than 85% of the decisions in the 3rd Circuit, 5th Circuit, 9th Circuit, and 11th Circuit went unpublished. [6]
The Federal Appendix. The Federal Appendix was a case law reporter published by West Publishing from 2001 to 2021. It collected judicial opinions of the United States courts of appeals that were not expressly selected or designated for publication. Such "unpublished" cases are ostensibly without value as precedent.
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
The judgment or order may be affirmed or enforced without opinion when the court determines that an opinion would have no precedential value and that any one or more of the following circumstances exists and is dispositive of a matter submitted for decision: (1) that a judgment of the district court is based on findings of fact that are not ...
The Federal Circuit had decided the case on the basis of the State Street precedent. Three Justices (Breyer, J., joined by Stevens and Souter, JJ.) dissented from the dismissal, arguing that the Federal Circuit had decided the LabCorp case on the erroneous "useful, concrete, and tangible result" legal test enunciated in the State Street case.
The Federal Supplement organizes court opinions within each volume by the date of the decision, and includes the full official text of the court's opinion. West editors add headnotes that summarize key principles of law in the cases, and Key Numbers that classify the decisions by topic within the West American Digest System.
United States, 223 F.3d 898 (8th Cir. 2000), [1] was a case decided by the U.S. Eighth Circuit on appeal from the U.S. District Court for the Eastern District of Missouri. It is notable for being the only case to consider the "Anastasoff issue", that is whether Article Three of the United States Constitution requires a federal court to treat ...
The Supreme Court of Florida frequently releases death penalty opinions in a per curiam form, even if there are concurring and dissenting opinions to the majority. [ 9 ] Many decisions of the New York Supreme Court, Appellate Division , especially in the First and Second Judicial Departments, do not designate an author.