Commercial Litigation and Arbitration

District Courts Are Bound by Circuit Precedent No Matter How Erroneous They Perceive It to Be

Nakal v. Personal Probation Officer, 2012 U.S. Dist. LEXIS 14856 (C.D. Cal. Feb. 6, 2012):

As petitioner's counsel must realize, however, this court sits in the Ninth Circuit and is bound by Ninth Circuit precedent. Zuniga v. United Can Co., 812 F.2d 443 (9th Cir. 1987) ("District courts are, of course, bound by the law of their own circuit, and are not to resolve splits between circuits no matter how egregiously in error they may feel their own circuit to be.") (quotation and internal citation omitted). Therefore, this court is not at liberty to apply the Tenth Circuit standard.

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