Tuesday, December 04, 2012

In Re Bellingham Ins. Agency (9th Cir. - Dec. 4, 2012)

Judge Paez is looking to become the next Judge Fernandez.

It's not that I mind words like "epochal" (an "epochal" decision rather than a "seminal" one, page 11), or "quantum" (page 12), or "abjured" (page 14), or even "ineluctably" (page 16) and "exegisis" (page 18).  Those are all fine, even if they seem in places to be a little forced.

But having the second word of the opionion be "quotidian" (especially when the case is not, in fact, actually quotidian), and using words like "hierophancy" (page 15) -- a word that's not even in the online Mirriam-Webster (though the noun is) and also seems somewhat inapt in context -- make farly clear what's going on.

Judge Paez is using big words because he can.  He likes 'em.  And he feels like sharing.

Which is his right.  Though my personal view is that it make the opinion slightly more interesting but slightly less readable.

Though at least I learned a new word today.  Quotidian.  Never heard it before.

Doubt I ever will again.  (Unless Judge Paez, like Judge Fernandez, decides to reuse the same ten-cent words in different opinions.)