September 27, 2011
The Mystery of the Withdrawn Opinion
A favorite blog of mine -- California Appellate Report, written by USD's Shaun Martin -- notes the unusual circumstances regarding a withdrawn opinion in the Ninth Circuit. Possible explanations -- preferably ones involving sinister and far-reaching conspiracies -- welcome.
September 27, 2011 | Permalink
I too have wondered about this issue, and my curiosity was especially piqued after an opinion in my own case was "withdrawn" - apparently as a result of settlement (after I departed the law firm with which I was litigating the case). See Rosenthal v. United Van Lines et al., 174 F. Supp. 2d 1331 (NDGA 2011). I'm not sure I find it acceptable under such circumstances - monetary consideration should not change the law or the reasoning of a published opinion.
Posted by: Auden L. Grumet, Esq. | Oct 13, 2011 1:08:06 PM