Wednesday, January 20, 2010

3d DCA Watch -- Shepherd Salter and Schwartz Power Trio Edition

Remember when rock stars for no apparent reason used to form "supergroups"?

It was kind of like the Avengers or Marvel Team-Up, but with more drugs and less spandex (actually, I take that last part back).

My personal favorite was when Jeff Beck joined up with a few other then mildly-famous guys to create a sludge rock fest known -- creatively -- as Beck Bogert and Appice LLP.

The group went nowhere, but a few die-hards still (mis)remember and contend they were unfairly overlooked.

Well today, freshly swilled and straight from the bunker, comes a Judicial Supergroup to beat all supergroups -- SHEPHERD SALTER & SCHWARTZ!!

Yes, coming on tour to a concrete container of justice near you, and laying their heavy power trio groove down on an innocent little sj entered by Judge Wilson in Ortega v. Engineering Systems:

Let me ask something -- is there someone still on the planet who does not know that in analyzing a summary judgment you have to view the facts in the light most favorable to the non-movant?

Judge Shepherd apparently thinks there is, which is why he keeps reminding us:
A brief summary of the facts of this case, set forth in the light most favorable to the non-movant, as the law requires at this stage of the proceeding, is necessary to explain our decision.
Got it, Your Honor.

Ok, moving on...


Why yes of course, Your Honor, please continue:
We underscore that in reaching our decision on review of an order granting summary judgment, we are required to review the record de novo and construe all facts in a fashion most favorable to the non-movant.
Yes Judge, of course, exactly Your Honor -- consider it underscored!

(Boy, this Judge must think I'm some kind of dumb schmuck....)


Anonymous said...

My favorite part of the movie Philadelphia was when Denzel Washington asks Tom Hanks to explain it "like I am a ten year old".

fake Glenn Greenwald said...

In what universe must someone be living to believe that the Democratic Party is controlled by "the Left," let alone "the furthest left elements" of the Party? As Ezra Klein says, the Left "ha[s] gotten exactly nothing they wanted in recent months." The Left wanted a single-payer system, then settled for a public option, then an opt-out public option, then Medicare expansion -- only to get none of it, instead being handed a bill that forces every American to buy health insurance from the private insurance industry. Nor was it "the Left" -- but rather corporatist Democrats like Evan Bayh and Lanny Davis -- who cheered for the hated Wall Street bailout; blocked drug re-importation; are stopping genuine reform of the financial industry; prevented a larger stimulus package to lower unemployment; refuse to allow programs to help Americans with foreclosures; supported escalation in Afghanistan (twice); and favor the same Bush/Cheney terrorism policies of indefinite detention, military commissions, and state secrets.

Perfesser said...

Also, on a motion to dismiss the well-pled allegations are taken as true!

Anonymous said...


Anonymous said...

Celotex rules!