http://www.dhafirtrial.net/2008/02/16/dr-dhafirs-appeals-brief-submitted/ Information about Dr. Rafil Dhafir Thu, 04 Mar 2010 03:56:07 -0500 http://wordpress.org/?v=2.8.4 hourly 1 http://www.dhafirtrial.net/2008/02/16/dr-dhafirs-appeals-brief-submitted/comment-page-1/#comment-167677 Anonymous Sat, 05 Sep 2009 23:31:59 +0000 http://www.dhafirtrial.net/2008/02/16/dr-dhafirs-appeals-brief-submitted/#comment-167677 I was disappointed to see the "unpublished" opinion dated August 18, 2009 disposing of the arguments on appeal was so brief. The issues are too complicated for me to know the merits of the argument, but it was interesting to see that one of the three panel members did not participate in the decision -- having been appointed to the US Supreme Court. That's the serendipity of life. What if she had been on the Court of Appeals a few weeks longer, had an opinion that differed, and then held sway over one of her two colleagues? It is an "unpublished" decision and under the court rules not appropriate to cite as precedent. "Unpublished" decisions tend to be more-to-the-point and less elaborate. I was disappointed to see the “unpublished” opinion dated August 18, 2009 disposing of the arguments on appeal was so brief. The issues are too complicated for me to know the merits of the argument, but it was interesting to see that one of the three panel members did not participate in the decision — having been appointed to the US Supreme Court. That’s the serendipity of life. What if she had been on the Court of Appeals a few weeks longer, had an opinion that differed, and then held sway over one of her two colleagues? It is an “unpublished” decision and under the court rules not appropriate to cite as precedent. “Unpublished” decisions tend to be more-to-the-point and less elaborate.

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