Tuesday, February 14, 2006

Less is More

The Ninth and Tenth Circuit have both held that although the text of a statute said an appeal must be made, "not less than 7 days after entry of the order," the Congress intended, "not more than 7 days after entry of the order"
And here is Howard Bashman spends 1,500 words to say: Because a lawyer might get confused, we should stick with a typo.

And, it is very unlikely any lawyer would be confused. Anyone involved in class action practice will quickly know this rule. If a lawyer was looking up the time period in which they must appeal, any practice guide book or annotated statute would tell them of the relevant court decision.

I would guess that his real concern is that he "operates his own appellate litigation boutique." I'm sure he would like to see very long time periods for appeals.

No comments: