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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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