Monday, October 22, 2007

Rhodes v. Avon Products, Inc. (9th Cir. - Oct. 15, 2007)

Fires rage. The University of San Diego closes down. But the Ninth Circuit bravely continues to publish opinions.

Tears of respect well up in my eyes. Or is that just from the smoke? Regardless, I wish the Ninth Circuit would have published something interesting today. But it didn't; two snoozers, and then an order the depublishes another case. Zzzzzz.

But that just gives me the opportunity to talk about a Ninth Circuit opinion from a tiny bit ago that's very special. That provides additional evidence -- in the highly unlikely event that it is necessary -- that the Ninth Circuit neither likes nor respects Judge Real. Here it is.

No way the Ninth Circuit reassigns this case on remand if the judge is anyone else. You get a very keen sense from the opinion -- especially when combined with the legions of others in prior cases about Judge Real -- that the Ninth Circuit wishes that Judge Real doesn't really belong on the bench. Much less that he can be trusted to deciding a variety of cases neutrally after being reversed.

Having Judge Real below almost always doubles -- or more -- the chance of reversal on appeal. And never, never refrain from asking for a different judge on remand if Judge Real was on the other side of you below. You definitely got a very real shot.

Even when -- as here -- the panel consists of very nice and polite judges. They still know the scoop.