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View Diary: Conservative Supremes thwart fair wages claim, and Kagan lets 'em have it. (166 comments)

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  •  Buuuuurn! (1+ / 0-)
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    Brilliant AND witty.  One of my court's judges is also a New Yorker and can similarly eviscerate a litigant with humor, although not humor this good nor this eviscerating.

    More seriously, such a ridiculous issue on its face.  I am not aware of a doctrine mandating a plaintiff to accept a settlement in this kind of situation; if Genesis really had accepted the underlying thrust of plaintiff's claims (and acknowledged the underlying error of its defenses), the route that our system affords is through the court system; it could have, at any appropriate time, moved to amend its answer to admit all of her claims or otherwise filed the necessary motion to fold its cards (not a civil law practitioner anymore and my bar exam civ pro is failing me - I've typed and deleted "change of plea" twice now).  It would then have easily accepted the plaintiff's claim in toto and proceed to an orderly allotment of damages.

    Of course, Genesis didn't want that - Ms. Symczyk had the chutzpah to make this claim not only for herself but for other similarly situated class members, and they could afford to buy her off, but I bet they couldn't afford to buy off all potential claimants.

    No matter; Justice Thomas, who is neither witty nor brilliant, pulled Genesis's chestnuts out of their own fire.


    "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

    by auron renouille on Tue Apr 16, 2013 at 08:17:57 PM PDT

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