State courts may treat overruled decisions as law for intermediate transactions
Evidence
It may say that decisions of its highest court, though later overruled, are law none the less for intermediate transactions. Indeed there are cases intimating, too broadly (cf. Tidal Oil 2o. v. Flanagan, supra), that it must give them that effect;rbut never has doubt been expressed that it my so treat them if it pleases, whenever injustice or hardship will thereby be averted. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2865
Categorization
- XREF: connects to: Courts can choose prospective scope when announcing new constitutional rules — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2945; Conceptual puzzles about ‘the law’ and ‘legal obligation’ become acute when a court is confronted with a problem like this.; A single case can require courts to apply both state and federal law — G. Alan Tarr, Judicial Process and Judicial…, 220