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Federal District Court Should Look to Decisions of Other Circuits in the Absence of Guiding Authority in Its Own Circuit and Be Reluctant to Create a Circuit Split

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United States v. Bryan Co., 2012 U.S. Dist. LEXIS 78407 (S.D. Miss. June 6, 2012):

And although it is true that Fourth Circuit decisions are not binding in this judicial district, an "informed person" would expect this court "to look to the opinions of other circuits for persuasive guidance, always chary to create a circuit split." Wheeler v. Pilgrim's Pride Corp., 591 F.3d 355, 363 (5th Cir. 2009) (citation omitted). That is because, as the Fifth Circuit has explained,

the law rules best by being predictable and consistent. It is predictability that enables people to plan their investments and conduct, that encourages respect for law and its officials by treating citizens equally, and that enables an adversary to settle conflict without going to court in the hope of finding judges who will choose a favored result.

Id. In short, it is entirely appropriate to consider the persuasive guidance contained in Equal Rights Center.See also United States v. Tadlock, 399 F. Supp. 2d 747, 751 (S.D. Miss 2005) (where an issue has not been addressed by the Fifth Circuit, the district court "look[s] to persuasive guidance from other jurisdictions").

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Criminal Spoliation Can Be A Due Process Violation — Defendant Must Show That (1) The Evidence Had Exculpatory Value Before It Was Destroyed, (2) Defendant Is Unable to Obtain Comparable Evidence by Reasonable Means, and (3) Bad Faith Failure to Preserve

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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