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Re: MontanaState83 post# 272502

Saturday, 05/09/2020 10:33:13 PM

Saturday, May 09, 2020 10:33:13 PM

Post# of 426566
Just reread the article you posted. Du seems to have fallen into all the traps the “Deere” justices worried about.
Interesting that Judge Newman called for en banc review: “It is time to restore conformity to precedent, in the interest of stability of practice and procedure, and predictability and fairness of result. I would reestablish the proper analytic criteria under the four Graham factors….” The current appeal by Amarin would appear to be an ideal candidate for an en banc review. So many mistakes made by Du.

All it takes for evil to prevail is for a few good men to do nothing.

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