Friday, August 27, 2010

Comer plaintiffs seek writ of mandamus

Jonathan Adler notes that the plaintiffs in the "global warming --> Katrina" case, who got a 12(b)(6) dismissal reversed and then had their case tossed by an egregious procedural trick, have petitioned SCOTUS for a writ of mandamus to get their panel decision un-vacated.

I continue to be very skeptical of the merits of their case, but the plaintiffs deserve to have their panel op reinstated, and then perhaps the defendants can seek cert themselves on those merits.

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