Monday, October 21, 2013

Chief Judge Moreno on Motions for Reconsideration!



I love the Chief Judge's style and sense of humor, and the general understated yet firm way he maintains control in his courtroom, always with a smile.

And that humor is usually very telling, if you're paying attention.

Here's a great example from an order denying cross-motions for reconsideration:
In their Motions for Reconsideration, both parties substantially repeat the arguments the Court rejected in its Order denying summary judgment. However, the parties now italicize, underline, or embolden the text of their argument. As the arguments, facts, and law remain the same, the Court's decision is not affected by these renewed pleas.
How can the Court not be persuaded by a properly highlighted word or TEXT IN ALL CAPS?

6 comments:

  1. Wow. I guess they really don't want to go to trial.

    ReplyDelete
  2. The King is set to loose his crown soon - I am certain the first order of business for the new chief will be to assign Moreno to Ft. Pierce or WPB - too many chiefs...etc.

    What will lunch be like in downtown without the opportunity to sing hail to the chief as he and his large collection of young, impressionable clerks make their way up Miami Avenue?

    ReplyDelete
  3. See also Hyperphrase v. Microsoft, 56 FRS.3d 467 (W.D. Wisc. 2003), wherein the court observes that use of bold italics is ``a clear sign of grievous injury''.

    ReplyDelete