Friday, August 10, 2007

Plumlee v. Matso (9th Cir. - Aug. 10, 2007)

Back in 2005, Judge Betty Fletcher (who wrote the majority opinion) and Judge Bea (who wrote the dissent) got into an unusually nasty exchange, about which I commented here. In 2006, the opinion and dissent were amended, but hardly to remove the acrimony; indeed, Judge Bea's amendment instead included yet another hearty slam on the majority opinion.

Today, this exchange -- perhaps mercifully -- technically goes away, as the case was taken en banc. So the panel opinion and dissent is still published in the F.3d, but isn't technically citable as precedent anymore.

Let's see what fireworks the en banc opinions will generate!