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Posner Appeal Rejected Without Argument

By George Khoury, Esq. on August 06, 2018 11:55 AM

When former Seventh Circuit Judge Richard Posner retired to pursue a higher calling of assisting pro se litigants, we all knew some judges would fear the Poz's larger-than-life persona. But the Fourth Circuit, as Above the Law suggests, seems to have just tucked its tail between its legs and scurried off, after eating Posner's steak dinner.

Not only did the panel of judges reject Posner's appeal, which on its face, seems to have quite a bit of merit, they did so rather cursorily, and without even hearing oral argument.

Lumps

For Posner, the prodigal-attorney, taking some lumps as he pursues justice for pro se litigants is likely to continue. Pro se litigants don't usually have a legal strategy when they file a lawsuit and aren't well versed in civil procedure, and that means terminal defects are sure to abound, which means not even the best appellate attorney will be able to save the day.

Curiously though, in this case, Bond v. U.S.A., the appellant had his case dismissed without any explanation. The appeal sought to have the district court provide a rationale for the second and final dismissal it issued in Bond's case. However, the appellate court noted that the lower court referred the plaintiff back to the first dismissal in the second dismissal, and that that was sufficient.

Given that this was a panel decision, one can only hope a rehearing en banc will be requested and Posner will get a chance to submit oral arguments, as he's already been rather outspoken about the matter.

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