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June 29, 2006

CA1: Selya writes some big words about an easy case

Santos v. Wyndham Condado, No. 05-2070.  In a slip and fall case, the plaintiff wins $1,250,000.  The defendants appeal.  The court finds that a re-ordering of proof (to allow an expert to testify a little latter) wasn’t an error.  The court makes it quite clear that this argument is almost frivolous. I think.  The opinion uses so many big words that it is very hard to figure out what the judge is trying to say.  I think this judge likes it when people write this way. I can’t really figure out what the defendant’s Daubert or Kumho objection was, but I do know that the court used big words.  Finally, the verdict forms were acceptable, and the evidence was sufficient.  Maybe it is because this is a case that shouldn’t have been appealed.  Maybe because it is garden-variety.  Maybe it is Hamdan, but I can’t seem to find anything worth thinking about in this case.

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