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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
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Experience:  Attorney
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What is a controlling case Is this necessarily a requirement

Customer Question

What is a "controlling case?" Is this necessarily a requirement moving forward with a case? If so, do both parties have to agree it's the "controlling case?"

My case involves a professional liability policy which covers two different types of events: external events that occur with the public; internal events that relate to professional staffing and supervision. How would I find a similar case?
Submitted: 5 years ago.
Category: Business Law
Expert:  Lucy, Esq. replied 5 years ago.

A controlling case is one that is directly related to your case, and which as a result governs the outcome of your case. In federal court, any case from the Supreme Court of the United States would be controlling. At the district court level, a 9th Circuit case would also be controlling. Cases from federal district courts would be persuasive, but not controlling. Cases from the California Supreme Court or courts of appeal would also be persuasive. The parties do not need to agree on whether a case is controlling - it's up to the judge to decide whether the cases are close enough that a prior decision directly affects your case.

To find similar cases, the best thing to do is go to the law library and use LexisNexis or Westlaw to do the research. The law librarians can show you how to use the systems.
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