[WSBARP] Which case to follow

[Jeff at bellanddavispllc.com]

Listmates:

 

This is off topic.  Division III issued a published opinion on a topic.
Division II issued a more recent unpublished opinion on the same topic,
specifically rejecting the Division III opinion.  My case is in Division II
territory.  I would like to argue the Division III analysis as controlling.
I understand unpublished opinions are not binding, but, in the practical
world, which is controlling?

 

Any thoughts.

 

Jeff Davis

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