On 10/30/07, Larry Medina <[log in to unmask]> wrote:

> Interesting article, and some of the citations pointed out are interesting
> as well.... but I think the application of some of them could be considered
> subjective, and may not satisfy the rule of legal precedent... that is to
> say just because ONE court ruled this way on it and issued their opinion,
> another may not agree.
>
> I heard a circuit court judge at a Westlaw meeting once say that the didn't
> agree with the decision Judge Scheindlein made in the landmark Zubulake
> case, and if a similar case came up before him, he would rule differently on
> it, irrespective of the precedent.


what many people don't realize is that Zubulake opinions only have
weight in the District that Judge Scheindlein operates in. (can't
remember if it is the Southern or Northern Dist of New York)

Now if a similar case arises in that same district an attorney can use
those opinions, but they don't carry any weight outside of the
district. If used in another district the presiding judge does not
have to accept them.

not an attorney but I did stay in a Holiday Inn last week

-- 
Peter Kurilecz CRM CA
Richmond, Va

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