The Supreme Court has decided to allow the citation of unpublished cases in federal courts starting next year, according to a Law.com article this morning.
Federal Appeals Courts in the 2nd., 7th., 9th., and federal circuits do not permit the citation of unpublished opinions, and six other circuit courts, including the 6th. Circuit [6 Cir.R 28(g)], discourage it. Under the new rule, the courts will still be able to give varying degrees of weight to unpublished opinions, but they can’t stop attorneys from citing to them anymore.
A number of state level courts, including the Ohio Supreme Court, already allow citation to unpublished case law.