March 23, 2005


National Review Online has links to the Eleventh Circuit's decision. It is an interesting read for the legal junkies out there, particularly the dissent's dissection of the majority ruling, its treatment of relief under the All Writs Act, and the majority's use of legislative history. The talking heads completely missed the claim for relief under the All Writs Act, concentrating instead on the temporary restraining order angle. The All Writs Act is rarely invoked and almost never comes up. (I have never seen it in a case in which I have been involved despite two years as a law clerk in federal courts and almost twelve years of private practice, much of it in federal courts.) It is an indication that the lawyers on the Schindlers' legal team are not rookies.

Posted by LMC at March 23, 2005 09:16 AM
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