Elder v. Holloway
Court of Appeals for the Ninth Circuit
1Opinion of the Court
KOZINSKI, Circuit Judge, with whom Circuit Judges PREGERSON, NORRIS, REINHARDT and TROTT join,
dissenting
from the order rejecting the suggestion for rehearing en banc.
It is not every day that one witnesses the birth of a totally new legal doctrine. And with good reason. Established legal principles, honed over decades — sometimes centuries — generally have much experience and wisdom behind them. Monumental change should be made only for compelling reasons and after careful consideration of all foreseeable consequences.
Despite the opinion’s modest language, the panel here has taken quite an…
2Cases cited23 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Anderson v. CreightonSupreme Court of the United States · 1987
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Pierce v. UnderwoodSupreme Court of the United States · 1988
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
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- USA Petroleum Company v. Atlantic Richfield CompanyCourt of Appeals for the Ninth Circuit · 1994
- Michael Chess v. J. DoveyCourt of Appeals for the Ninth Circuit · 2015
- Spears v. StewartCourt of Appeals for the Ninth Circuit · 2002
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