Thursday, May 8, 2008
3d DCA Watch -- Judge Salter Is One Busy Guy
Putting aside all the pesky opinions that have the word "State" in them, let's take a look at what's left:
American Home Assurance v. Junger:
A case interpreting an old insurance policy that covered Eastern Airlines pilots who were commissioned by the US Government to fly missions to Vietnam. Inexplicably, the pilot that is the subject of this suit was still flying such missions in 1986. Huh? Boy, that Reagan Administration was pretty sneaky.
Anyway, you have here what is quickly becoming Judge Salter's signature style -- a crisp, clear, logical opinion, neatly organized, and actually helpful to those who practice in this area.
Stirman v. Graves:
This products case involves an allegedly defective teapot sold by Target as part of the "Michael Graves" collection.
Surprise -- Michael Graves likes to make things in China! Double surprise -- it's impossible to figure out who owns what in these factories in China!
So the plaintiff amends to add a related "Michael Graves" entity with a similar name and common corporate address to the two already-named defendants. For reasons not readily apparent, the trial judge grants a motion to dismiss as to the newly-named party on statute of limitations grounds, holding that the amended complaint did not "relate back" to the timely-filed original complaint.
Are you kidding me? Wow.
Anyways, Judge Salter carefully and precisely walks the trial judge through the relation-back doctrine, slowly this time so EVERYONE in the room can understand it.
Judge Salter also had time to author an interesting divorce opinion, Iannuzzelli v. Lovett, which deals with the significance of an immigration affidavit in a divorce setting.
Judge, as you know we're big fans of your opinions but please -- get some rest. Read a book. Take a walk. All work and no play and all that.....