I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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Judge Posner on a frolic of his own: He and his clerks, wandering miles outside the record, dress up like chicken processors

I’ve been trained in doing appellate work to stay within the record. “Trained” really understates it. I’ve had it drilled into me since before I was a lawyer, and, if I were inclined to forget, there’s always appellate courts to remind me.

I’ve also operated under an impression that, where the parties to a […]

“The defendants’ appeal brief is a gaunt, pathetic document,” wrote Judge Posner

In a case appealing a contempt finding against a Georgia lawyer who was sued in Illinois for failing to respect an insurer’s ERISA lien, and found in contempt for ignoring court orders, Judge Posner wrote:

[T]he contempt order did little more than vent the judge’s anger at the defendants’ contumacious effrontery. Nevertheless the rule […]

Having said goodbye to the Bluebook, Judge Posner tosses it in the trash bin and sets the bin afire

I am reading and hugely enjoying Richard Posner’s Reflections on Judging. The best book of its sort I have read in a very long time, at least half-way in.

His subject is legal reasoning and writing, and the book is in many ways a memoir, along with an explication of Posner’s views and expectations […]

Uh, oh. This could be trouble.

If a party’s lawyer cannot understand the testimony of the party’s own expert, the testimony should be withheld from the jury. Evidence unintelligible to the trier or triers of fact has no place in a trial.

Thus says* Judge Posner in ATA vs. Federal Express, in a December opinion.

The plaintiffs lawyer put on […]

Judge Posner livelies up an opinion

Anderson remarks upon a recent Judge Posner opinion because, for the second time recently, he includes a picture in the opinion, this time of Bob Marley’s dreadlocks in full swing.

There’s lots to learn in the opinion.  For instance, we learn that not only do “Heretics have religious rights,” even hypocrites are protected:  “a  sincere […]