1. In a brief filed in Lea’s suit against Mica in a state court, Neil, Lea’s
attorney, cites, Ole! Cafe v. Pan Foods Corp., an unpublished opinion.
With respect to the persuasiveness of unpublished opinions, most states
a. allow their courts to consider such opinions.
b. do not allow their courts to consider such opinions.
c. impose certain hierarchical rankings.
d. require their courts to consider such opinions.
1. Capital Credit Company files a suit against Downtown Developers, Inc.,
and seeks, as part of discovery, certain electronic documents in
Downtown’s possession. Downtown did not preserve the requested
data—e-mail messages among employees. The court is not likely to
sanction Downtown if
a. the data was not saved because there was no reasonable
anticipation of litigation.
b. Downtown can provide the e-mail but without attachments.
c. Downtown inadvertently failed to suspend its e-mail deletion
system.
d. Downtown can provide e-mail the employees sent but not e-mail
they received.