Questioning the Balance Between Dicta and Holding
Wading through the holding-dicta distinction and weighing the value of the authorities upon which you rely can be difficult, but always holds value to the litigant willing to make the effort. If nothing else, critical analysis of authority will crystallize your thinking on the issues at play in your case, increasing the effectiveness of your advocacy. It also stands to boost your credibility with the court and give it what it needs to move from deflecting your authority as dicta to actively considering your authority as really good dicta that should not be ignored.
Jay Evans is a member of Obermayer Rebmann Maxwell & Hippel's litigation department, and is regularly involved in client counseling as well as trial and appellate work. His experience encompasses many complex subject matters, including products liability and toxic tort, trade secrets and restrictive covenants, securities litigation, contract, real estate, insurance disputes and antitrust and trade regulation.