Tuesday, July 12, 2016

So Now the 11th Circuit Is Making Factual Findings!

Did you know the 11th Circuit can admit brand new evidence, make factual findings based on that new evidence, and reweigh the district court's granting of summary judgment which is then binding on the district court because it's now law of the case!!??
ln other words, the Eleventh Circuit has already considered the evidence that Gillespie now wants this Court to consider. Under the law of the case doctrine, this Court is bound by the findings of fact and conclusions of 1aw of the Eleventh Circuit, including that court's conclusion that Gillespie failed to establish scienter, even with consideration of the documents at issue.
Can someone explain this to me?


Anonymous said...

"Can someone explain this to me?"

Yes, judges are gods. (or the devil).

Either way, judges do what they want, and answer to no one.

Anonymous said...

actually do not think your post squares with the thrust of Seitz's order; she granted SJ and 11th affirmed though it decided to take judicial notice of documents the pltff wanted it to consider in reversing; they did not feel it sufficient to overcome her order's conclusions. Why that is appellate "judicial factinding" ?

Anonymous said...

Weird, app court considered new docs in reviewing sj below, seitz later felt bound by the fact finding. no explanation

Anonymous said...

"Dear Governor Scott.
It's been an f'ing honor to be an f'ing judge for this f'ing state. But now I've had enough f'ing trouble to last a life time. I f'ing quit. FU.

Jackie S

No Longer JAFI said...

1st day of Contracts class, professor told us, "Judges make shit up."

I've never forgotten it.