Monday, November 14, 2005

8th Circuit's in Hollywood; Jenson et al v. Eveleth Taconite No. 97-1147 1997 was the real life case that inspired "North Country.; however back to reality 8th Circ also decided case involving the bad guys' Chapter 11 Heroic story of female mine workers taking on the unyielding and uncaring mining company made it to the 8th Circuit Court of Appeals, which upheld the MInnesota District Court's finding a class action could proceed against the mine. The district court had appointed a special master who "just didnt get it" to Judge Lay's liking, who reversed the special master becaus he should have ordered more damages for emotional distress and find a larger class period because isolated incidents could qualify for continuing violations. Also Judge Lay disliked the defendants' use of "irrelevant" outside factors in considering the plaintiffs' damages. Daubert technicalities should not have stood in the way, as Judge Lay thought the psychological experts should be able to testify for the plaintiffs overruling any Daubert applications. Eventually the bad mine got its comeback, it ended up in Chapter 11 and the 8th Circuit bankruptcy review panel held that it would abstain from State tax dispute proceedings. In re Eveleth Mines No. 04-6045/04-6048 MN; Fine point Volokh pointed out; scene in film shows Anita Hill-Clarence Thomas Hearings on TV, the lawsuit started 6 years before the Thomas confirmation hearing. Nutshell quote from Judge Lay"we find that by whatever synergistic reasoning utilized, the Special Master did not apply proper principles of causation to plaintiffs’ claims ofemotional harm. We believe the Special Master’s erroneous approach played a significant and unfortunate role in limiting plaintiffs’ damages. Moreover, as we nowdiscuss, we find the court unduly limited the testimony and opinion evidence of" Judge Lay save much scorn for the bar, chastising them for dragging out the case, aggravating a bad situation as he saw it with short staffed courts: Responsibility also lies with the bar whose members are officers of the court. The lawyers in this case delayed its resolution by exercising senseless and irrelevant discovery, and by making endless objections at trial. But “the buck stops here;” thejudicial system allowed the lawyers to do what they did. If our goal is to persuade the American people to utilize our courts as little as possible, we have furthered that objectivein this case. If justice be our quest, citizens must receive better treatment. The judiciarymust somehow afford more efficacious monitoring of delayed cases.

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