Lack of case law

[bigboy27]

If there isn't any relavant case in your circuit (in my case 1st) are you allowed to refer to other circuits if a matter goes to court?

i.e.:

There has yet to be any precedent established in this circuit your honor, but the 7th circuit established in Fields v. Webber that.......... etc.

Things along those lines.

[IHateCAs]

Yes.

[CreditLawGuru]

of course! case law from other circuits, districts, states, etc.... are considered persuasive, while cases from your circuit, district,state, etc are binding.

it is always best to have mandatory/binding case law, but if none has been established, certainly bring up any persuasive case law you can find.

[divemedic]

Especially if there are decisions from more than one circuit.

[direred]

If there is case law from other circuit courts of appeals that conflicts, be sure to address that point (or at least be prepared to address it).