Tuesday, October 25, 2011

Work Can Be Fun

Sometimes I truly enjoy my work, such as when I finish writing an appellate brief like this:

The only way [appellant] can succeed in her quest to assert a common-law claim of bad faith against [appellee] for what occurred in 2001 is to repeal the doctrine of collateral estoppel and dispute a federal judgment holding that she did not assert such a claim as a matter of Montana law; to repeal the doctrine of res judicata and ignore a federal proceeding that disposed of all claims she brought or otherwise might have brought; to re-write the Montana Code and this Court’s precedent to enable the saving statute to overcome a final adjudication; and to broaden the reach of equity to encompass situations where a plaintiff simply neglected to make the best case she could. This quest has left in its wake a debris field of protean, contradictory arguments that [appellant] has pursued unsuccessfully since 2002 in Montana’s state and federal courts, obligating [appellee] to defend itself long after the tempest of litigation should have died down. It is [appellee] who warrants justice at long last, not [appellant], whose appeal lacks merit and must be denied.

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