Wednesday, November 16, 2016

Parsing Judge Ungaro

When I get in a funk, as after The Election, I let my mind drift to Judge Ungaro immerse myself in work, to "lift my spirits."

Due to the pre-election hullaboo, I missed this decision when it was initially released. An interesting per curiam affirmance of Judge Ungaro's grant of summary judgment, Judge Jordan joined by Judge J. Carnes write separately to invite the court to convene en banc and overrule Mays, the seminal 11th Circuit case relied on to affirm the grant of summary judgment,
[b]ecause the cases upon which Mays relies arise in the post-trial context, where the standard of review is much more deferential than at the summary judgment stage. The principle articulated in Mays has no place in a summary judgment posture. And I believe that the single precedent supporting Mays’ analytical leap, Heyman v. United States, 497 F.2d 121 (5th Cir. 1974), was itself wrongly decided.
(Mays was decided in 1985, when we used to try cases.) The concurring opinion affirms that Judge Ungaro exhibits unwavering fidelity to the law.

Imagine my surprise when, against this backdrop of obsession legal preoccupation, I walked into the lecture hall last night to hear Maureen Dowd, another brilliant mind with whom I am obsessed and who shares Judge Ungaro's impeccable taste in pumps and standing before me was none other than my Muse Judge Ungaro! I remain sufficiently in need of a bust out and she wore a fetching golden suit, such that I thought, now or never. Except Edith Osman was glommed onto Judge Ungaro like a pre-teen backstage at a New Kids on The Block "concert."  Ah, well.  Next time.
 
Ms. Dowd was fantastic.  Captivating, insightful, gracious, open, humble, witty, charming. 
 
Time to get back to work.   
 
 


2 comments:

  1. Thank you for bringing the flamingos back. :)

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  2. What happened? Did the the Russians hack the blog looking for more emails to leak to the FBI?

    ReplyDelete