Once State Farm strikes out at Fifth Circuit with the bases loaded posted, Sop commented, I’d like to know who these magistrate judges are that can’t get these simple rulings right Nowdy.
After several other comments, including my reply that I had not intended to suggest magistrate judges made the decisions in Harrington, Sop came back with I’d still like the names of the district court judges on these three cases.
With that second request, I began thinking about sending Sop a message in a bottle – a bottle of OPI.
Had I not picked up the Editilla’s MRGO story and needed the Order, I might be wrapping a package instead of writing this post; but, while I was on PACER, I looked around and found Sop’s answer.
The bases were loaded when Judge Porteous walked two and Judge Feldman walked one.
However, neither Judge made a simple ruling. Judge Porteous said as much, in fact, according to the Transcript of the last hearing he held on the matter:
I understand your position, but I’ve got different bodies now reading the documents. Again, I don’t read any attempt to deceive, bad faith, I don’t read any of that. Nothing about this suggests to me that I have a bad faith situation. I personally know all of the attorneys in this thing so I can’t believe you would come in here and intentionally try to confuse me, although I am easily confused sometimes.
Since I don’t know the the judges of the Fifth Circuit, much less well enough to suggest they were thinking this is why the letters W, T, and F were invented as they were reading, I’ll just compliment them for writing an Opinion that was appropriately circumspect and move on to a review of the documents I read. Continue reading “How the bases loaded for the Fifth’s Opinion in Harrington v State Farm”