May 10, 2017
More than a century ago, Oliver Wendell Holmes observed, “the life of the law has not been logic; it has been experience.” I wonder what Justice Holmes would think of the matter these days when cases come down the pike which seem to run counter to both logic and experience.
For a case in point, consider a report from the Oregonian recently describing how a lawsuit against Washington County for the drowning deaths of four … Read more
Nov 3, 2016
An appellate court in Utah recently ruled that a woman appointed personal representative of her deceased husband’s estate could sue herself on behalf of her husband’s sole heir, herself, for negligently causing the motor vehicle accident that caused her husband’s death. The ABA Journal story is here.
The appellate decision is wholly insensitive to the absurdity of its conclusion. Of course, the purpose of such litigation where the only interested participants are me, myself … Read more