Thursday, February 5, 2015

MetNews articles of note: 4/3 on a roll

Today's MetNews has two items of appellate interest:
  • Court of Appeal Rules: Observation of Factual Matter in Earlier C.A. Decision Not Binding Rylaarsdam: Action Should Not Have Been Dismissed Based on His Earlier Statement That the Plaintiff Is Not a California Resident, concerning this law of the case doctrine case: Investors Equity v. Schmidt.
  • C.A. Scuttles Appeal Under ‘Disentitlement’ Doctrine: Justice Moore Finds Appellant’s Conduct Abhorrent, concerning
    this disentitlement doctrine case: Blumberg v. Minthorne.

“Gloria throws various varieties of pasta at the proverbial wall in her opposition to Adam’s motion to dismiss, in an apparently desperate hope that something will stick, all the while failing to distinguish her behavior from any case where the court held the disentitlement doctrine applied.”