Benchslaps, Quote of the Day

Judge Benchslaps O'Melveny With Rolled Up Newspaper

Biglaw firm representing a media company with a dog logo gets sent to the doghouse.

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Obviously Whiteman is a very old case, and does not represent any “intervening change of controlling law,” so the argument must be that the Court’s failure to apply Whiteman constitutes “clear error.”

The only clear error in this case is O’Melveny’s.

— Judge Colleen McMahon, giving O’Melveny what for. O’Melveny, representing Sirius XM filed a motion for reconsideration and, in the alternative, an interlocutory appeal. Unfortunately, Judge McMahon has some issues with their reading of the law.

As always, the full benchslap is available on the next page…

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