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December 11, 2012


The overbearing bumbling of the CAFC is ceaseless. In Nissim v. Clearplay (CAFC 2012-118), a panel majority reverses a district court's dismissal of overseeing a settlement as moot, while the dissent points out that "the district court was never, and is not now, obligated to retain jurisdiction to enforce the settlement agreement. This is particularly true here because the court determined that continuing to assert jurisdiction would not foster judicial economy." The majority opinion is rife with specious logic, misapprehension of fact, bias, and has no meaningful basis in law. For example, after pointing out "that the [district] court was exasperated with the parties," the CAFC majority claims that its own opinion "does not depend on a court's opinion of the litigants or of counsel." How disingenuous: to assert that something which bothers does not matter a whit; especially when the upshot of the ruling is to simply remand for further annoyance, while reminding the district court that it may do as it pleases, as long as it minds its tone.

Posted by Patent Hawk at December 11, 2012 3:17 PM | Litigation