tag:blogger.com,1999:blog-4841866593898210279.post1280432423034296762..comments2023-10-31T03:54:17.210-05:00Comments on Thus Blogged Anderson: An old lawyer trick bites the dustAndersonhttp://www.blogger.com/profile/02325205512110155291noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-4841866593898210279.post-60061992642909476382010-04-16T09:11:39.313-05:002010-04-16T09:11:39.313-05:00Yes, Shepards is one of two reasons I'd consid...Yes, Shepards is one of two reasons I'd consider using Lexis (both don't add up to sufficient-- the other is that Lexis is not a West product).<br /><br />I just read the Bayer opinion, and think Waller's opinion makes clear they are overruling <i>Sennett</i>-- he says "I don't agree, because I think <i>Sennett</i> is good law and this case doesn't meet the exception it states." If the majority isn't overruling it, there's no difference between majority and concurrence. <br /><br />And, really, given JUST HOW LITTLE WORK IS REQUIRED to follow the rule for converting a 12b6 motion to a 56 motion, the issue here (to me) is about not wanting to reverse cases, period. "Well, it's just a little rule. We don't want to go reversing cases, particularly where it's a defense verdict, over these little nitpicking rules. Bad precedent. People could start expecting us to do it even in criminal cases."NMissChttp://nmisscommentor.comnoreply@blogger.comtag:blogger.com,1999:blog-4841866593898210279.post-63107729619126254042010-04-16T07:35:38.063-05:002010-04-16T07:35:38.063-05:00Yeah, KeyCite has always been like that. And then...Yeah, KeyCite has always been like that. And then they don't flag stuff they should flag. I've e-mailed them before to tell them "hey, this point of law is no good any more."<br /><br />Lexis uses Shepards, right? I haven't used it since clerking; my main objection was just that the interface was so damn ugly, frivolous soul that I am.Andersonhttps://www.blogger.com/profile/02325205512110155291noreply@blogger.comtag:blogger.com,1999:blog-4841866593898210279.post-315628039319751052010-04-15T23:31:09.855-05:002010-04-15T23:31:09.855-05:00Westlaw will "called into doubt" flag a ...Westlaw will "called into doubt" flag a case where a federal district court in Iowa says something odd about a Circuit Court case from the 2nd Circuit. Their pretending that casecite works remotely like Shepards is probably the biggest sham put forth by Thomson West.NMissChttp://nmisscommentor.comnoreply@blogger.comtag:blogger.com,1999:blog-4841866593898210279.post-3225808273794839142010-04-15T20:20:31.402-05:002010-04-15T20:20:31.402-05:00Interesting; I didn't hear about that when I c...Interesting; I didn't hear about that when I clerked more recently, but I will have to think whether we "overruled" anything.<br /><br />At least <i>Sennett</i> would now seem to merit a "Called into doubt by ..." flag on Westlaw.Andersonhttps://www.blogger.com/profile/02325205512110155291noreply@blogger.comtag:blogger.com,1999:blog-4841866593898210279.post-61138148634483906042010-04-15T18:15:27.416-05:002010-04-15T18:15:27.416-05:00A bogus trick is what it is.
About 25 years ago, ...A bogus trick is what it is.<br /><br />About 25 years ago, a Supreme Court clerk told me (and the justice he worked for confirmed) that there were paperwork requirements when they overruled a case; to avoid the paperwork, they would just try to kill the "bad" case without using the dreaded word "overrule."nmisscommenterhttps://www.blogger.com/profile/02456489528258680258noreply@blogger.com