Written by attorneys · grounded in primary & secondary sources — see below
An opinion or decision issued by an appellate court as a whole without attribution to any individual judge.
Sources & Authorities· 36 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Interrogatory Limit Dispute
Prism Analytics served 30 interrogatories on Pinnacle Holdings in a contract dispute. Pinnacle moved to strike the excess. The appellate court issued a per curiam opinion holding that the limit under the rule had been exceeded and remanded for further proceedings consistent with the limit.
Derivative Suit Dismissal
Shareholders of Premier Manufacturing filed a derivative action alleging mismanagement. The board formed a special committee that recommended dismissal after inquiry. The appellate court issued a per curiam opinion affirming dismissal because the committee determination satisfied the statutory standard.
Paula Pierce contracted with Pierce Patterson for delivery services but the parties omitted the delivery schedule. When a dispute arose the trial court supplied a reasonable schedule. The appellate court issued a per curiam opinion affirming that the court properly supplied the missing essential term.
Negligence Standard Source
Pamela Phillips sued Prime Logistics after a delivery truck struck her vehicle. The parties disputed the applicable standard of care. The appellate court issued a per curiam opinion holding that the standard could be adopted by the court from a regulation that did not expressly create a private right of action.
Trustee Self-Dealing Claim
A beneficiary sued the trustee of a family trust for a self-dealing transaction. The trustee obtained court approval before completing the deal. The appellate court issued a per curiam opinion holding that prior court approval insulated the transaction from later challenge.
Jury Selection Challenge
Pilar Pena sued her former employer for discrimination. During jury selection defense counsel struck all prospective jurors of one race. The appellate court issued a per curiam opinion reversing because the private litigant exercised peremptory challenges in a racially discriminatory manner that violated equal protection.
Common questions
Frequently Asked
3
What does a per curiam opinion indicate about the court's process?+
A per curiam opinion signals that the court as a whole reached the result without attributing authorship to any single judge. This format is commonly used for unanimous or summary dispositions that apply settled law.
Does a per curiam opinion carry the same precedential weight as a signed opinion?+
A per curiam opinion carries the same precedential weight as any other opinion of the court. The lack of individual authorship does not diminish its authority as a statement of the court.
When do appellate courts typically issue per curiam opinions?+
Appellate courts issue per curiam opinions when the decision follows well-established precedent or does not require extended discussion of novel legal issues. The format allows the court to resolve the case efficiently while speaking with one voice.
410 U.S. 113 (1973)Constitutional Law
…in this case capable of litigating the issue which the Court decides, I would reach a conclusion opposite to that reached by the Court. I have difficulty in concluding, as the Court does, that the right of "privacy" is involved in this case. Texas, by the statute here challenged, bars the performance of a medical abortion…