X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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This content has been archived.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 Advance® 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]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.