Judge uses football in opinion

September 17, 2009
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You know it’s football season when a judge references two National Football League teams in his opinion.

Chief Judge Frank Easterbrook in the 7th Circuit Court of Appeals must love football, or think that the sport is something most people understand because he mentioned the Packers and Colts today in an opinion dealing with a complicated financial deal between an energy co-op, life insurer, and a company that deals in credit-default swaps. Too bad he didn’t throw in the Chicago Bears for good measure, since they also are in the 7th Circuit.

Example 1: “’Economic purpose’ is not a requirement for the enforceability of contracts. If the Green Bay Packers cut a player one day and then re-sign him the next, a court would not dream of canceling the new contract on the ground that a release-and-resign sequence lacks economic purpose.”

Example 2: “Suppose that Hoosier Energy had an in-the-money option to purchase the Indianapolis Colts by the end of December 2008, and that as a result of the reduced availability of credit it was unable to find a lender to finance the transaction.”

As a non-attorney, I appreciate it when judges attempt to help readers understand the legal issues by using examples I can relate to, such as sports. If this opinion came out in the spring, I wonder if he instead would have used references to Major League Baseball or National Basketball Association. Maybe he’s just got football on his mind.
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  • Judge Easterbrook\'s brother Gregg Easterbrook writes a well known column Tuesday Morning Quarterback for ESPN which cover the NFL. It must run in the family.

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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