Monday, March 24, 2014

Davis v. Walker (9th Cir. - March 24, 2014)

I occasionally critique opinions as making little doctrinal sense and/or ignoring the practical realities of justice.

Want to see an opinion that exactly the opposite?  Here you go.

Justice Tallman's opinion makes eminent sense.  Both doctrinally and practically.

There's a problem.  Judge Tallman provides a path to solve it.  By contrast, the district court pretended to pretend that the problem simply didn't exist.

I like Judge Tallman's approach better.  Lots, lots better.  Straightforward, equitable, and doctrinally sound.

Well done.