Appellate Practice
Mar. 14, 2008
Fighting Words
Focus Column - By Benjamin G. Shatz and Christopher D. LeGras - Depending on the court, attorneys might have little recourse when judicial tongue-lashings appear in orders and opinions.
Benjamin G. Shatz
Partner, Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Some judicial opinions and orders are ensconced in legal lore. For example, in Avista Management Inc. v. Wausau Underwriters Ins. Co., 6:2006cv00054 (M.D. Fla. 2006), an apparently exasperated judge ordered counsel to settle their a dispute over the location of a deposition through a game of "rock, paper, scissors." Many infamous judicial utterances have come from Judge Samuel Kent in the Southern District of Texas, who wrote in a published order granting summary judgment in a per...
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