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.