Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.
Tuesday, July 26, 2005
CalFarm Ins. Co. v. Krusiewicz (Cal. Ct. App. - July 22, 2005)
Here's a good lesson on how not to write a majority opinion. Brief hint: Don't start the opinion with a two-page response to the dissent. Do your own thing first, and then respond. Or weave in your response to the dissent alongside your own analysis. Don't start out with: The dissent says X, but is wrong. Just don't do it. Whoever taught Justice Fybel otherwise should be severely reprimanded.