Monday, March 24, 2008

Trains, Planes, and Automobiles

Or boats... Here's how Chief Judge Kozinski starts out an opinion in NEW HAMPSHIRE INS. v. C’EST MOI, INC.:

KOZINSKI, Chief Judge:
We consider the doctrine that’s on everyone’s lips: uberrimae fidei.

I had no idea either. According to Black's law, the Latin phrase means: The most abundant good faith; absolute and perfect candor or openness and honesty. It's a common phrase for you maritime lawyers.

As for planes, here's John Pacenti's article about seizures related to aircraft.

I know, I know -- this isn't the most gripping post I've ever done. But help me readers -- are there any great trials out there to blog about?

In the meantime, you can check out the other local blogs for fun posts about our state legislature at work allowing exemptions for plumbers re the low underwear law (via Rumpole) or fighting over fees (via South Florida Lawyers). And for my AUSA friends, here's a piece about shackling PDs (don't get too excited).


Rumpole said...

I thought you didn't have any friends who were AUSA's

Anonymous said...

David is friends with any AUSA he has beaten in trial -- and, that is quite a few, with the pool growing every year!

Meanwhile, the best part of the opinion from the 9th is the following:

"We acknowledge that the Eleventh Circuit in King v. Allstate
Insurance Co., 906 F.2d 1537, 1539-41 (11th Cir. 1990),
held that a policy clause similar to paragraph 10 was sufficient
to supersede the insured’s duty under uberrimae fidei,
but (for reasons explained above) we are unpersuaded and
decline to follow the Eleventh Circuit. We hope, rather, that
our colleagues there will reconsider this question the next
time they have occasion to rule on it."

David Oscar Markus said...

I just lost one -- I'm still trying to get over it... But thankfully the prosecutors were gentlemen.

Anonymous said...

Alex Kozinski belongs on the USSCt. You can Google him and check out other opinions. What a breath of fresh air in the contaminated State of California. Check out his dissent in California assault weapon ban case en banc. There is also a website devoted to his antics.

Anonymous said...

Who runs the South Florida Lawyers blog?