If you’re going to submit documents with citations to unpublished decisions to US International Trade
Court Commission Administrative Judge Dee Lord, you’re going to have to make sure it has Westlaw citations and not Lexis. In Judge Lord’s ITC Order [pdf] she ordered the parties to change the “incorrect” LEXIS citations for unpublished decisions and resubmit the briefs and reply briefs with WESTLAW citations.
The parties’ post trial briefs and reply briefs include several incorrect legal citations and citations to LEXIS databases for unpublished decisions, which are no longer available to the USITC. To ensure that the cited legal authority is considered, the parties are hereby ordered to review their briefs and verify the accuracy of their citations. The parties shall file corrected briefs, no later than February 14,2014, using Bluebook formatting for citations, fixing any errors in the citations and including WESTLAW citations for any unpublished decisions (including USITC orders and opinions).
Judge Lord joined the ITC Bench in September last year, and it would seem (and I am hoping) that this is her preference to how she wants briefs filed and not a larger trend. Since according to the USITC website [pdf, page 21], decisions can be researched on both Westlaw and Lexis, it would seem that both citations would be accepted by the USITC. However, the part in Judge Lord’s decision that says that Lexis unpublished decisions “are no longer available to the USITC”, may be driving this decision and thus creating an “incorrect LEXIS” citation.
This type of decision could mean that anyone submitting documents to the USITC would have to use Westlaw in order to submit “correct” citations. Let’s hope not!! Of course, it would be great if the courts would use a universal citation for their published and unpublished opinions, but that might be just too much to ask…
[Hat tip to Amy for pointing this out, and to Mark for getting me the USITC mention of using Westlaw or Lexis for USITC research.]
[Ed. Note: I incorrectly referred to the ITC as International Trade Court. I should have said International Trade Commission. – GL 2/15/2014]