Posted by Geri on October 14, 1998 at 11:57:42:
In Reply to: Case Law posted by KatNip on October 05, 1998 at 16:04:26:
: good case law?
: bad case law?
: not case law?
: none of the above?
Most of the case law used today isn't valid precedent. Attorneys should know this but either don't know or care. Summary Judgments such as Rule 12(b)6 can only be used in support of other summary positions. Any comments by the court on the validity of the complaint amount to dicta. The suit was never litigated.