context: Moreover, it explicitly noted that its decision was "not controlled by [] cases ... dealing with flowage easements" because the plaintiff had not requested compensation for a flowage easement. We have consis tently held that panel authority that does not address an issue is not binding as to the unaddressed issue.
citation_a.signal: see
citation_a.identifier: 298 F.3d 1274, 1282
citation_a.parenthetical: "[W]e are not bound by [a prior opinion] on the issue ... since [that] issue was neither argued nor discussed in our opinion."
citation_a.sentence: See, e.g., Sacco v. United States, 452 F.3d 1305, 1308 (Fed.Cir.2006) (finding that a prior case "is not binding precedent on [a] point because the court did not address the issue” in that prior case); Boeing N. Am., Inc. v. Roche, 298 F.3d 1274, 1282 (Fed.Cir.2002) ("[W]e are not bound by [a prior opinion] on the issue ... since [that] issue was neither argued nor discussed in our opinion.”); see also Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (stating that if a decision does not "squarely address[] [an] issue,” a court remains "free to address the issue on the merits” in a subsequent case).
citation_b.signal: see also
citation_b.parenthetical: stating that if a decision does not "squarely address[] [an] issue," a court remains "free to address the issue on the merits" in a subsequent case
citation_b.sentence: See, e.g., Sacco v. United States, 452 F.3d 1305, 1308 (Fed.Cir.2006) (finding that a prior case "is not binding precedent on [a] point because the court did not address the issue” in that prior case); Boeing N. Am., Inc. v. Roche, 298 F.3d 1274, 1282 (Fed.Cir.2002) ("[W]e are not bound by [a prior opinion] on the issue ... since [that] issue was neither argued nor discussed in our opinion.”); see also Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (stating that if a decision does not "squarely address[] [an] issue,” a court remains "free to address the issue on the merits” in a subsequent case).