argument that a jury could find that some of the interview questions were based on the Kelleher incident is equally unavailing. Even if such an inference could be drawn, it does not permit the further inference that Bisignani retaliated against Putnam for his report and testimony related to that incident. 16 . Fabiano claimed that his termination resulted from his lawsuit challenging a decision of the City’s Zoning Board of Appeal. Id. at 450. 17 . Citation to unpublished opinions has been an issue of considerable debate, which continues until today. See 1st Cir. Loc. R. 32.3(b). The Eighth and Ninth Circuits are on extreme ends of the debate. Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (R. Arnold, J.), vacated as moot, 235 F.3d 1054 (8th Cir.2000) (en'banc) (<HOLDING>); Hart v. Massanari, 266 F.3d 1155, 1180 (9th
holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted holding that even district court cases decided by panels of three have no precedential value holding that unpublished opinions have precedential effect holding that unpublished opinions are of persuasive value at best and not precedential