Pa. Superior Court Should Change Its Publishing Policy

Law360, New York (January 27, 2015, 11:16 AM EST) -- Precedent: "[A]n adjudged case or decision of a court of justice, considered as furnishing a rule or authority for the determination of an identical or similar case afterwards arising, or of a similar question of law." Black's Law Dictionary (10th ed. 2014).

Lawyers practicing in Pennsylvania have reason to be concerned about the proliferation of unpublished, nonprecedential decisions issued by the Pennsylvania Superior Court, the state's intermediate appellate court of general jurisdiction. In 2013, the Superior Court issued 4,860 opinions, but only 326 (approximately 7 percent) were published. Thus, although the Pennsylvania Superior Court has earned its reputation as the busiest...

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