The facts of the cases on which you wish to rely are almost always different from the facts of your case, forcing you to argue by analogy. If the analogy is credible, you can profitably invoke stare decisis, the principle that prior rulings in similar cases control what is before the court. The tighter the analogy, the greater the pressure on the court to follow suit.

Suppose you represent a paint manufacturer. A batch of defective pigment ruined several vats of paint, and your client thinks the pigment manufacturer knowingly used substandard materials. You believe your client may have a cause of action under the state’s Consumer Fraud Act for an unconscionable commercial practice.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]