« Indiana Decisions - U.S. Supreme Court today will decide whether to hear State Trooper/Riverboat Gambling Case | Main | Economic Development - WSJ Outsourcing Story Features Indiana/India Contract »
Friday, April 16, 2004
Indiana Decisons - One 7th Circuit Opinion Today
AMERICAN PATRIOT INS v. MUTUAL RISK MGMT (04/16/2004 USCA 7th Cir.), an appeal from the USDC ND Ill., E.Div., deals with, as Judge Posner states: "questions primarily of waiver of venue and the scope of the forum-selection clause." On page 3 of the opinion is a very interesting observation:
In a system of case law there is a tendency, as we noted the other day in Peaceable Planet, Inc. v. Ty, Inc., No. 03-3452, 2004 WL 692166, at *3 (7th Cir. Apr. 2, 2004), for a drift away from the language of a statute or a rule, with cases increasingly quoting previous cases rather than returning to the language and purpose of the provision underlying the judge-built superstructure. Sometimes there are compelling reasons for such a drift but often it is due just to imprecision of paraphrase.
Posted by Marcia Oddi on April 16, 2004 01:37 PM
Posted to Indiana Decisions