Thursday, July 13, 2006

When the questions run too deep

Via Howard Bashman, I read this delightful dissent from the denial of rehearing in the Ninth Circuit case of Amalgamated Transit Union v. Laidlaw Transit Services.

The dissenters reject what they call the majority's rule of "illogicality," in determining that Congress meant "more" when it wrote "less" in 28 U.S.C. § 1453(c)(1), which says the time for appealing a ruling on class certification is "not less than 7 days after entry of the order."

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