Fun with opinions

July 10, 2008
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Typically court opinions are straight to the point about the merits of the case, the application of laws, and why the judge or judges decided to rule the way they did. That’s why it comes as a refreshing surprise when judges decide to state their reasoning in a unique, interesting, or funny way. It makes reading an opinion or court order a little bit more enjoyable.

Take a recent case out of Washington. U.S. District Judge Ronald Leighton ordered the attorney for the plaintiffs involved in a racketeering suit against GMAC Mortgage to shorten his epic 465-page suit. In the order, Judge Leighton ended with a limerick to make his point:

Plaintiff has a great deal to say,

 But it seems he skipped Rule 8(a).

 His Complaint is too long,

 Which renders it wrong,

 Please re-write and re-file today.

Federal Rules of Civil Procedure Rule 8(a), by the way, says a pleading that states a claim for relief must contain “a short and plain statement …” of the grounds for the court’s jurisdiction and of the claim showing the pleader is entitled to relief.

Chief Judge William B. Chandler III of the Delaware Court of Chancery has been known to interject pop-culture references into his opinions, making them interesting and entertaining. You have to admire a judge who in a July 1 opinion, relates the world of mergers and acquisitions to that of the video game “World of Warcraft.”

And IL reporter Michael Hoskins wrote an article last year about pop culture’s place in the law. In it, Indiana Supreme Court Justice Theodore Boehm said, “Legal writing doesn’t need to be high-brow; it’s actually better that it’s not.” Judges just have to be careful not to take the references too far, he cautioned.

I don’t know about you, but if more judges used pop-culture references and analogies comparing a video game to mergers and acquisitions, it would make me more excited to read opinions.

As someone who’s studied the law, do you appreciate it when a judge breaks away from the norm and throws in a sarcastic or humorous comment – as I’ve noticed in 7th Circuit Court of Appeals opinions – or pop-culture reference?
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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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