|
|
|
“
|
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.
|
|
