June 16, 2008
Tid Bits and Follow-ups
Florida Supreme Court Balancing Whistle Blower Rights and Religious Freedoms. Interesting oral argument just took place Thursday in a case involving the alleged firing of a secretary from a Catholic school for complaining that her supervisor assaulted her. An article on it is here.
The CAFA "not less than 7 days" Appellate Rule Split Continues. Section 1453(c)(1) provides that “a court of appeals may accept an appeal from an order of a district court granting or denying a motion to remand a class action to the State court from which it was removed if application is made to the court of appeals not less than 7 days after entry of the order.” As written, it requires appellants to wait 7 days, then gives them forever to appeal. The courts split with some holding "less" is "more" while others saying "less" means "less." The Seventh Circuit noted the split but in Spivey v. Vertrue is here, held "less" means "less." Easterbrook wrote in part:
That Congress has written a deadline imprecisely, or even perversely, is not a sufficient reason to disregard the enacted language. So the Supreme Court held in Dodd v. United States, 545 U.S. 353 (2005), and United States v. Locke, 471 U.S. 84 (1985). See also, e.g., Lamie v. United States Trustee, 540 U.S. 526, 533–39 (2004). Turning “less” into “more” would be a feat more closely associated with the mutating commandments on the barn’s wall in Animal Farm than with sincere interpretation. (Ludwig Mies van der Rohe, the architect who designed the courthouse in which the Seventh Circuit sits, adopted “less is more” as his motto, but this credo of Bauhaus design did no violence to any enacted text.)
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