Wednesday, July 20, 2011

3d DCA Watch -- We Recede, We Recede.

Yes kids, it's that time of the week when the waters recede but the Resplendent Robes fly, when the coffee is swilled but the concrete abides, when the petitioners cry but the (old) thigh master lies, yes it's a good old-fashioned 3d DCA Watch:

State Farm v. Seville Place:

Rehearing en banc!

The Court recedes, in recession, then recedes some more:
To the extent that we previously have granted such a petition when irreparable harm seems possible rather than imminent, we recede from such decisions. . . .Similarly, we recede from the broad holding that “certiorari is available to challenge a premature bad faith claim or premature bad faith discovery.”
 The Court winds up "denying" the petition, rather than dismissing it, which of course brings us Judge Shepherd concurring at his wonky best:
I write to clarify my view that the more appropriate disposition of this case is a dismissal of the petition. The point is more than just academic.
Oh boy.
As previously discussed, that law in this State, as it relates to the petition before us, requires that we dismiss the petition.  The distinction made is not one without a difference.
Didn't he just say that?


Anonymous said...

They got spanked last year in Custer for overzealous use of certiorari, and then the same thing happened to the 1st in Williams this year. They may have learned their lesson

Anonymous said...

Great post.

Anonymous said...

I want very much to like Judge Shepard, but he writes like a douchenozzle.

Anonymous said...

Amy Steele Donner v. Ratiner story in the DBR online is pretty good.

Luke said...

What namely you're saying is a terrible blunder.
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