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. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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