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U.S. Supreme Court,
California Supreme Court

Sep. 17, 2024

Doing the splits

How a split is created or articulated affects the likelihood of the Supreme Court reviewing the case, with explicitly created splits more likely to be reviewed.

2nd Appellate District, Division 5

Brian M. Hoffstadt

Presiding Justice California Court of Appeal

UCLA School of Law, 1995

Shutterstock

In their upcoming Terms, both the United States and California Supreme Courts have several cases on their dockets that are likely to resolve splits of authority among the lower courts. Among others, the United States Supreme Court will hear Medical Marijuana, Inc. v. Horn, No. 23-365, which addresses a split on whether economic damages arising from personal injuries are actionable in a civil RICO claim, and Royal Canin U.S.A., Inc. v. Wullschleger, No. 23-67...

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