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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.

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