Let’s check out one judge’s reaction to the latest in discovery shenanigans…
- 2nd Circuit, Benchslaps, Citigroup, Federal Judges, Jed Rakoff, Quote of the Day, Securities and Exchange Commission, Wall Street
It is commonplace for settlements to include no binding admission of liability. A settlement is by definition a compromise. We know of no precedent that supports the proposition that a settlement will not be found to be fair, adequate, reasonable, or in the public interest unless liability has been conceded or proved and is embodied in the judgment. We doubt whether it lies within a court’s proper discretion to reject a settlement on the basis that liability has not been conclusively determined.
Having considered the various explanations given by the district court for its refusal to permit the settlement, we conclude that the S.E.C. and Citigroup have a strong likelihood of success in their joint effort to overturn the district court’s ruling.
(A quick refresher on this case, after the jump.)
Periodically, we catch wind of bizarre lawsuit filings, usually pro se, and seemingly from the the minds of people with serious mental problems. We don’t write about these lawsuits, because presumably they never go anywhere. They are not newsworthy; they are just sad.
Thus, it is quite unusual to come across a 30-page district court ruling devoted entirely to addressing far-fetched Da Vinci Code-style conspiracy allegations.
The judges handling this case must go home every night and weep while drinking Jameson from the bottle. I do not envy them.
In our Benchslap of the Day, let’s watch a federal magistrate judge shoot down complaints that his judicial colleague is part of a “large, amorphous conspiracy” — like a boss…
The issues presented in this appeal have been previously decided. Counsel were given an opportunity to distinguish our prior cases but Appellant’s counsel used that opportunity to criticize, rather than distinguish, them. There is nothing more to say. AFFIRMED.
(This unpublished order reminded me of two prior benchslaps, discussed below.)
Law is not like baseball. A lawyer cannot play for one team, make a name for himself, build a local following, and then jump ship and join the New York Yankees, only to come back next season to destroy his old teammates.
In law, once you represent a client for a significant amount of time, you can’t simply oppose them down the road, even if they are no longer your client and you now work at a new firm. Obvious, right?
Unfortunately for several former DLA Piper attorneys, something there got lost in translation. A federal judge in San Francisco booted the lawyers, now at the litigation boutique of Feinberg Day, from a patent dispute involving Toshiba and Talon Research. It turned out that the attorneys, who represented Talon Research, had logged more than 3,000 hours for Toshiba when they were still at DLA. Not good.
Let’s look more closely at our benchslap of the day…
- 9th Circuit, Alex Kozinski, Benchslaps, Constitutional Law, Federal Government, Federal Judges, Gay, Gay Marriage, Lesbians, Quote of the Day
At the administrative appeal from the denial of benefits, Chief Judge Kozinski found that the FEHB statute confers on the OPM [Office of Personnel Management] the discretion to extend health benefits to same-sex couples by interpreting the terms “family members” and “member of the family” to set a floor, not a ceiling, to coverage eligibility…. The Court finds this reasoning unpersuasive.
(Context and commentary, after the jump.)
- 4th Circuit, Benchslaps, Christopher Christie, Drinking, Job Searches, Non-Sequiturs, SCOTUS, Supreme Court, U.S. Attorneys Offices
* The “unbundling” of legal services is a big buzzword when talking about the direction of the profession. But Jordan Furlong has a question: should lawyers and law firms start thinking about “rebundling”? [Law21.ca]
* “[P]ublic drunkenness is not illegal in NYC.” (Elie will be glad to hear this.) [Gothamist]
- 9th Circuit, Benchslaps, Department of Justice, Federal Government, Federal Judges, U.S. Attorneys Offices
Judge Carlos Bea is one of my favorite members of the Ninth Circuit. He’s refreshingly conservative, on a famously (or infamously) liberal court. He has a fascinating personal history; how many federal judges can claim they were almost deported? He has an ancestral home — some call it a castle — in Spain, which he sometimes makes available to vacationing law clerks. And he tools about town in a vintage Rolls-Royce (which, rumor has it, he received as payment for legal work before he took the bench).
Well, it looks like one assistant U.S. attorney has some expensive tire marks on his back. Check out the epic benchslap that Judge Bea just dished out — not just to the poor prosecutor, but to the United States Department of Justice….
* Nothing beats a calm, collected, religion-based benchslap of religious hypocrisy. [Tex Parte Blog]
* If our parents hadn’t gotten us vaccinated, we’d fire them, too. Jenny McCarthy should jump into a freakin’ volcano. [Volokh Conspiracy]
* Guys at Staci’s high school shot fireworks out of their butts all the time. It wasn’t… quite this big of a deal. [Legal Juice]
* TSA employees are taking advantage of their power to look at semi-naked x-ray pictures of pretty girls? I’m shocked. Just shocked. [Wired Threat Level]
* An optimistic look at how unemployment can help your career. Frankly, we’re both skeptical. But we also have paychecks, so there’s that. [Ms. JD]
* You should be our next intern! (We will even give you some money.) Applications are due on Monday, February 20. [Above the Law]