Q: Is there guidance on relying on citing caselaw that is current but that is now on appeal?
A:
I cite such cases and denote that they are on appeal. Opposing counsel is likely to know the disposition of any of the cases you contemplate using anyway; take that as a given. It's best to be forthright. Not mentioning a case's status as being on appeal is not likely to fool anyone, and if it does slip by, it will result in a loss of trust and respect by opposing counsel and judge/arbitrator (who you could virtually be certain will know the disposition of the case). Good luck
Tim Akpinar
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