Wednesday Writs for 8/14


Em Carpenter

Em was one of those argumentative children who was sarcastically encouraged to become a lawyer, so she did. She is a proud life-long West Virginian, and, paradoxically, a liberal. In addition to writing about society, politics and culture, she enjoys cooking, podcasts, reading, and pretending to be a runner. She will correct your grammar. You can find her on Twitter.

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9 Responses

  1. Avatar Oscar Gordon says:

    L1: So that first item in the list, can the government still pull that kind of crap (filing an appeal at the 11th hour, so the other part can’t possibly reply)?Report

    • Avatar Em Carpenter in reply to Oscar Gordon says:

      Well, it’s kind of an odd situation, because it wasn’t that the opposing party could not file a response to the appeal.
      Here’s what happened.
      Bertman sold tomato paste to the US Gov. Bertman hired Kirsch to deliver it. The gov said the paste arrived spoiled. The government sued Bertman. Bertman filed a cross-claim to bring in Kirsch, arguing it was Kirsch’s fault. The jury found that the tomato paste was not defective, and Bertman was not liable, and also let Kircsh off the hook.
      So, when the government appealed, Bertman wanted to appeal the ruling insofar as it let Kirsch off the hook, so that if the government won its appeal, Bertman would still be able to lay the damages on Kirsch. Had the government not appealed, Bertman would have had no reason to do so either, because he had won. But if Bertman was going to appeal the verdict, it had to be done within the same 60 days.
      Understand? Clear as mud?Report

      • Avatar Oscar Gordon in reply to Em Carpenter says:

        Pretty sure mud is easier to see through…Report

        • Avatar Em Carpenter in reply to Oscar Gordon says:

          Tried my best. I’ll try it this way: There were two rulings: 1)the tomato paste was not defective so Bertman owed the government nothing. 2)because the tomato paste was not defective and Bertman owed nothing, Kercsh likewise owed Bertman nothing. The government appealed the 1st ruling- they did’t care about the second; they just wanted Bertman to pay them because he is who they contracted with.
          However, if Bertman wanted to appeal that 2nd ruling, he had to do it within 60 days. But there was no need to; he only needed money from Kercsh if he had to pay the government.
          But when the government filed its appeal, Bertman was back on the hook for possibly having to pay the government damages. So he says well crap, better appeal that 2nd ruling so that I can blame Kercsh. But since the 60 days were up, he couldn’t. Legally, he could have filed his appeal any time during that 60 day period. The fact that he had no reason to doesn’t legally mitigate the fact that he didn’t.
          Bertman didn’t lose his right to respond to the government’s appeal. He could still do that. He just lost his right to blame Kercsh.Report

          • Avatar Oscar Gordon in reply to Em Carpenter says:

            OK, that makes more sense.

            Still seems shitty, but might only be shitty in a unique way.Report

            • Avatar PD Shaw in reply to Oscar Gordon says:

              I believe the rule has changed, so today Bertman would enjoy an additional 14 days to file his own appeal from the date the government filed its appeal. So, it doesn’t completely make sense; it seems like an artifact from an earlier time where winners were winners and losers were losers, and neither the twain need both appeal.Report

  2. Avatar greginak says:

    Colliding Tubas is great name for a band. Now i just gotta learn to play an instrument.Report

  3. Avatar Aaron David says:

    L11 – Bicycle thieves may or may not have a special place in hell, but they do have a special place in film!Report

  4. Avatar Kolohe says:

    L7- I should have become an accountant specializing in reality TV stars, because apparently, they are a severely underserved market when it comes to tax advice. I mean, Richard Hatch went to jail (the first time) over ten years ago, and it looks like people still haven’t learned.Report