Undead precedents haunt the partnership formation caselaw. But just how dangerous are they? It depends on what type of zombies they are—walking-dead dicta or haunted holdings. Asking a court to ignore bad dicta is nowhere near as difficult for litigants as asking a court to overrule an entire line of cases.
This article takes a closer look at the undead partnership formation cases that were previously identified in a companion article and concludes that nearly all such cases fall into the less-scary category of undead dicta, rather than truly dangerous category of zombie holdings.
Joseph K. Leahy, Undead Dicta or Haunted Holdings? A Closer Look at the Zombie Subjective Intent Partnership Formation Cases, 21 U.N.H. L. Rev. 1 (2022).