Esshaki Legal Media TeamCurrent as of October 2025
Using a decision correctly requires separating what was decided from what was
said.
Procedural posture first. What was appealed, from what ruling, and under
what standard of review. A statement made in reviewing a dismissal on the
pleadings assumes the allegations are true and says nothing about the evidence.
The holding. The proposition necessary to the result on the facts presented.
Everything else is dictum — persuasive at most, and not binding.
The facts that mattered. Which facts the court relied on, and whether they
are present in your case. A decision applying a standard to particular facts may
be distinguishable rather than controlling.
Concurrences and dissents. A concurrence necessary to the majority may limit
the holding. A dissent identifies the strongest counterargument and often
predicts the next development.
Subsequent history. Whether it was affirmed, reversed, vacated, superseded,
or overruled in part. Citing a reversed decision is the single most damaging
research error.
Later treatment. How other courts have read it — followed, distinguished,
criticized — which is frequently more informative than the opinion.
Publication status and the citation rules that govern it.