2nd Circuit: Teves Realty, Inc. v. Terry Summary Order Issued

The United States Court of Appeals for the Second Circuit issued a Summary Order in the case of Teves Realty, Inc. v. Terry, a ruling that explicitly states it does not have precedential effect. This particular order, identified by case number 25-759(L), is one of many such rulings issued by the Second Circuit, which are distinct from its published opinions. The excerpt clearly indicates that while citation to a Summary Order filed on or after January 1, 2007, is permitted, it is strictly governed by Federal Rule of Appellate Procedure 32.1 and the Second Circuit’s Local Rule 32.1.1, emphasizing their non-binding nature.

This distinction is of paramount legal significance for practitioners within the Second Circuit's jurisdiction. Unlike published opinions, Summary Orders do not establish new legal principles or serve as binding precedent for future cases. Their primary utility is often limited to addressing the specific facts and legal arguments presented in the immediate appeal, without intending to guide lower courts or future litigants on broader legal issues. This means that while a Summary Order resolves the dispute between Teves Realty, Inc. and Terry, its reasoning cannot be relied upon as authoritative legal precedent in other matters, even if those matters involve similar facts or legal questions. The court's explicit warning underscores the importance of understanding this limitation in legal research and argumentation.

Attorneys practicing in the Second Circuit must therefore exercise caution and precision when encountering or considering the citation of Summary Orders. While they can be cited under specific circumstances, such as for purposes of claim preclusion, issue preclusion, or law of the case, or to establish a factual record, they should never be presented as binding authority. Practitioners should prioritize published opinions for precedential value and ensure strict adherence to FRAP 32.1 and Local Rule 32.1.1 when citing any Summary Order. The specific outcome or holding of the Teves Realty, Inc. v. Terry case is not detailed in the provided excerpt, only the nature of the order itself.