We begin with the cross-appeal, which contests the dismissal of the [claims against the] Water District on Eleventh Amendment immunity grounds. The parties disagree mightily about this issue and had gotten so wrapped up in the arguments about it that none of them had stepped back to ask why it matters. We asked that question of the attorneys at oral argument, and once they got past the deer-in-the-headlights moment they could offer no good reason why we, or they, should care if the Water District is in or out of this lawsuit. We believe that it does not matter at all.I like to imagine the lawyers getting postcards of deer from their friends for months.
Monday, June 8, 2009
This blog will see reduced posting for a short while because I am busy with actual lawyer things. As a small consolation, I leave you with this off-topic but mildly amusing snippet from a recent environmental decision in the Ninth Circuit: