Monday, January 28, 2013

Dichter-Mad Family Partners v. U.S. (9th Cir. - Jan. 28, 2013)

When you're a district court judge -- or, perhaps more accurately, the law clerk for a district court judge -- and you write a 70-page written opinion dismissing a complaint, you want to get a little love from the Ninth Cicuit if and when the losing party decides to appeal.

Judge Stephen Wilson gets it here.

The Ninth Circuit issues a per curiam opinion that adopts Judge Wilson's opinion as its own.  Which is good for nearly everyone.  Judge Wilson (and his clerks) get the glory.  The Ninth Circuit gets a complicated case off its plate quickly and easily.  The winning party wins.

The only people who are unhappy are the losing sides.  Who wrote an entire Ninth Circuit brief -- one that presumably had lots to say about the (alleged) defects of the district court's opinion -- but who don't get the satisfaction of having the Ninth Circuit tell them why they're wrong.

Though that also happens with unpublished Ninth Circuit decisions every single day.

So bask in the admiration, Judge Wilson's chambers.  Nice opinion.