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Column: Only one federal circuit in the US regards extraneous pronouncements in judicial opinions as binding precedent in subsequent cases. And according to two judges on that circuit, it’s way past time to ditch that outlier rule https://t.co/54vYeVXUfh @AlisonFrankel https://t.co/mQ7QEwOSAY
‘A Flamingo in a Flock of Finches’ https://t.co/OZ1A1ybHTw That’s Ninth Circuit judge Danielle Forrest’s colorful description of how the Ninth Circuit is conspicuously unlike all of the other federal courts of appeals in its odd practice of treating dicta as binding.
‘A flamingo in a flock of finches’: Judge blasts 9th Circuit rule on when dicta is binding. Read more in @AlisonFrankel's column: https://t.co/54vYeVXUfh https://t.co/KYmkLkCPSx
The U.S. Court of Appeals for the Ninth Circuit has overturned its previous precedent regarding the False Claims Act's first-to-file rule. This decision comes amid criticism from Judge Danielle Forrest, who described the Ninth Circuit's practice of treating dicta as binding as 'a flamingo in a flock of finches.' The Ninth Circuit is the only federal appellate court in the U.S. that considers extraneous pronouncements in judicial opinions as binding precedent in subsequent cases. This en banc decision, issued yesterday, marks a significant shift in how the Ninth Circuit will handle such pronouncements moving forward. Alison Frankel reported on this development.
