Wednesday, April 28, 2010

Justice Kennedy

Quote Worthy Kennedy
Not those Kennedys

Boned Jello

Jerman v. Carlisle

Reader John B. alerts us: “If you haven’t already seen it, there’s excellent Overlawyered-type rhetoric from Justice Kennedy in Monday’s Supreme Court opinion on debt collectors’ liability under federal statutory law. Unfortunately it’s in the dissent

Wrote Kennedy:

    [The Court's decision today] aligns the judicial system with those who would use litigation to enrich themselves at the expense of attorneys who strictly follow and adhere to professional and ethical standards.

    When the law is used to punish good-faith mistakes; when adopting reasonable safeguards is not enough to avoid liability; when the costs of discovery and litigation are used to force settlement even absent fault or injury; when class-action suits transform technical legal violations into windfalls for plaintiffs or their attorneys, the Court, by failing to adopt a reasonable interpretation to counter these excesses, risks compromising its own institutional responsibility to ensure a workable and just litigation system
Oddly, Scalia and Breyer joined Sodahead in the majority. I don't care enough about it to research what this was about, but as a stand-alone declaration, Kennedy's is granite worthy, IMO.

1 comment:

Chuck Martel said...

I've always been supportive of all ten of the Bill of Rights including the seventh:

"In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

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