Decisions That Have Been Reversed Or Vacated "On Other Grounds": Do They Still Have Precedential Value?

Many of us have, at one time or another, found ourselves citing a decision that had been either reversed or vacated "on other grounds." But are those decisions precedential? Does it matter whether the decision was "reversed" or "vacated"? Although Michigan and federal courts are in agreement that a decision that has been vacated lacks precedential effect, even if on other grounds or without addressing the merits of the decision being vacated, it can be more tricky when it comes to decisions that have been reversed—at least in Michigan.¹

Vacated Decisions Never Have Precedential Value, Even if Vacated "On Other Grounds"

Federal courts have often said that "[a] decision may be reversed on other grounds, but a decision that has been vacated has no precedential authority whatsoever." Durning v Citibank, N A, 950 F2d 1419, 1424 n 2 (CA 9, 1991), citing O'Connor v Donaldson, 422 US 563, 578 n 12; 45 L Ed 2d 396; 95 S Ct 2486 (1975) ("Of necessity our decision