The day after Christmas. A time for family. For shopping. For rest. And for thinking about hopping on that treadmill. Surely not a day for issuing public opinions, right?
That's what I would have thought, anyway. And, at least with respect to the Ninth Circuit, I was right. The Ninth Circuit's web site doesn't even contain its usual "No Opinions Filed Today" notation for the 26th. We see instead only something posted yesterday, December 25th (!), that says something different: "None Filed Today." Perhaps posted remotely. After a little too much eggnog.
But, like rust, the California Court of Appeal never sleeps. And dutifully published a single opinion this morning. It's a decision that affirms a multi-million dollar civil penalty against corporate officials under the responsible corporate officer doctrine. And that reminds me never to own a gas station. Ever.
Hope you had a good Christmas, John F. & Ned F. Roscoe. 'Cause the day after sucked for you. You may have hired some fancy lawyers (including Gibson Dunn) to try to help. But to no avail.
Here's hoping that 2009 is better than 2008 for you. And that you saved the receipts from the presents. Since you may well need the cash.