Selyaisms and The Federal Rules of Gallimaufry

In legal circles, Senior First Circuit Judge Bruce M. Selya is well-known for the broad and arcane vocabulary that he uses in his opinions, branded by many as “Selyaisms.”  Legal Blog Watch notes that in the late 1980′s, one of Selya’s clerks had a word-a-day calendar and that he and his co-clerks “tried to see who could successfully plant the day’s word in a published Selya opinion.”

In a copyright opinion issued last Friday, Judge Selya opined that a party’s counterclaims “assert[ed] copyright infringement and a gallimaufry of other federal and state-law causes of action. ” (Emphasis added.)

Gallimaufry.  Merriam-Webster Online states that it’s of Middle French origin and means “hodgepodge.”  In the context of pleading, what a wonderful word.  Of course, the Federal Rules of Civil Procedure were intended to permit liberal joinder of claims and defenses. Thus, the Rules (such as Rules 8 and 18) were designed with hodgepodgery in mind, subject to limits such as those in Rule 11. Thus, to an extent, the Federal Rules of Civil Procedure are Federal Rules of Gallimaufry.

BOGO day for patents at the Supreme Court

SCOTUSblog reports that the Supreme Court today issued decisions in two high-profile patent cases. According to SCOTUSblog, Microsoft won (7-1) in Microsoft v. AT&T, and in KSR v. Teleflex, a unanimous Court ruled that the Federal Circuit had applied too narrow a standard for determining “obviousness.”

Note: BOGO means “buy one, get one free.”

Courtrooms, Razrs, and ringtones

razr.jpg

New Year’s Resolution: catching up on my blogging. Along those lines, my St. Thomas colleague Fred Light brought to my attention last term to an interesting administrative order from the United States District Court for the Southern District of Florida.

The order, entitled In re: Cellular Phone and Electronic Equipment Usage in the Courthouse, addresses legitimate concerns over the presence and use of cell phones — and particularly camera phones — in the courtroom. It designates persons who can bring cell or camera phones to court but warns that “[n]o cellular phones of any kind may be used in a courtroom or jury deliberations room and no photographs of any kind may be taken in any federal courthouse facility.” Penalties for violations include 30 days in jail and/or a fine of $5000 and/or punishment for contempt of court.

Woe to the first person in a Miami courtroom whose Motorola Razr blares out Iron Butterfly’s In-A-Gadda-Da-Vida as a ringtone.

Thanks to dreamingyakker at Flickr, who licensed the photo through this Creative Commons license.