In 2006, the Florida Supreme Court decertified the class action of smokers against the tobacco industry, ruling that cases could be tried individually but laying down certain rules by which those cases would be tried. Engle v. Liggett Group, Inc., 945 S0. 2d 1246 (Fla. 2006). Decertification can happen when the Court determines that the […]
Privileges should be narrowly construed; exceptions to the demand for every man’s evidence are not lightly created nor expansively construed, for they are in derogation of the search for truth. Espy a/k/a In Re Sealed Case, 121 F. 3d 729 (USCA DC 1997) In 1994, allegations of corruption swirled around the Secretary of the US Department of […]
Are we losing the right to oral argument on appeal in Federal Court?
Beautiful senses are gone Canary in a gilded cage Singin Queens of the Stone Age, A Song For The Deaf Last week, a friend sent me an article about a recent Supreme Court case involving what constitutes a “medical malpractice case” and asked what I thought about it. Unfortunately for him, I had a lot […]
Criminal justice reform requires a plan.
Candor Is Being Honest In Court – Even When It Is Personally Embarrassing
There’ll be no more heroes They’ll be reduced to zero When that rough god goes riding Riding on in Van Morrison I got an email the other day that started with the greeting “Motherfucker!”. It wasn’t meant to be a friendly slap on the back – it was more of a threat. And it came […]
9th Circuit: Monkey has no standing in copyright infringement case over selfie.
Thoughts On Enforcing NDA’s
Posner Attacks
