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Tuesday, June 05, 2007

Ind. Decisions - "Does Judge Posner Write Too Much?"

That is the question posed today by the blog, Decision of the Day, referencingJudge Posner's today opinion in Harzewski v. Guidant Corp., which the ILB earlier summarized here (or scroll down one), D of the D writes:

Anyway, Judge Posner writes and writes and writes, often raising and addressing issues that go well beyond what is necessary to decide a particular appeal. Usually his Seventh Circuit colleagues go along for the ride. But not today. In an appeal of a district court decision dismissing an ERISA case for lack of standing, the Seventh reverses, explaining that the plaintiffs do in fact have standing. But Judge Posner can’t stop there. He vacates and “remand[s] with directions” about how the district court should deal with the merits of the action. Indeed, after “clear[ing] a lot of brushwood” on the standing issue, the second half of the opinion deals with all kinds of merits issues including an analysis of how damages should be calculated in ERISA actions, speculation about whether the plaintiffs’ theory of liability will hold water, and even an aside on whether the plaintiffs have a claim for securities fraud against the defendant.

That’s all a bit to much for Judge Ripple, who writes a short concurrence agreeing with the majority’s fine reasoning on the standing issue, but noting that the Court should simply remand without commenting on the merits.

Posted by Marcia Oddi on June 5, 2007 03:20 PM
Posted to Ind. (7th Cir.) Decisions