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U.S. Court of Appeals for the 9th Circuit

Jan. 10, 2017

Perhaps cite a less disturbing decision for that precedent

Cases like Dred Scott and The Antelope should not be cited for its dictum — at least not without acknowledging their troublesome takes on the broader issues they raised. By Charles Kagay

Charles M. Kagay

Of Counsel
Complex Appellate Litigation Group LLP

Appellate Law (Certified)

96 Jessie Street
San Francisco , CA 94105

Phone: (415) 649-6700

Fax: (415) 362-1431

Email: charles.kagay@calg.com

Harvard Law School

Charles has decades of experience handling appeals that involve complex or novel legal questions and is certified by the State Bar as a California appellate specialist. Find out more about Charles and the Complex Appellate Litigation Group LLP at www.calg.com. Appellate Zealots is a monthly column on recent appellate decisions and appellate issues written by the attorneys of the Complex Appellate Litigation Group LLP.

By Charles Kagay

APPELLATE ZEALOTS

Would a contemporary court condone a lottery condemning scores of people to a lifetime of slavery? Of course not. But disturbing decisions can lie hiding behind innocuous boilerplate citations.

For example, in de Fontbrune v. Wofsy, 838 F.3d 992 (9th Cir. 2016), the 9th U.S. Circuit Court of Appeals explains how federal courts should interpret foreign ...

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