Remember when rock stars for no apparent reason used to form “supergroups”?
It was kind of like the Avengers or Marvel Team-Up, but with more drugs and less spandex (actually, I take that last part back).
My personal favorite was when Jeff Beck joined up with a few other then mildly-famous guys to create a sludge rock fest known — creatively — as Beck Bogert and Appice LLP.
The group went nowhere, but a few die-hards still (mis)remember and contend they were unfairly overlooked.
Well today, freshly swilled and straight from the bunker, comes a Judicial Supergroup to beat all supergroups — SHEPHERD SALTER & SCHWARTZ!!
Yes, coming on tour to a concrete container of justice near you, and laying their heavy power trio groove down on an innocent little sj entered by Judge Wilson in Ortega v. Engineering Systems:
Let me ask something — is there someone still on the planet who does not know that in analyzing a summary judgment you have to view the facts in the light most favorable to the non-movant?Judge Shepherd apparently thinks there is, which is why he keeps reminding us:
A brief summary of the facts of this case, set forth in the light most favorable to the non-movant, as the law requires at this stage of the proceeding, is necessary to explain our decision.
Got it, Your Honor.Ok, moving on…What?Why yes of course, Your Honor, please continue:
We underscore that in reaching our decision on review of an order granting summary judgment, we are required to review the record de novo and construe all facts in a fashion most favorable to the non-movant.
Yes Judge, of course, exactly Your Honor — consider it underscored!
(Boy, this Judge must think I’m some kind of dumb schmuck….)