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Donell v. Kowell (9th Cir. - July 1, 2008)

By Shaun Martin

This is an outstanding -- simply outstanding -- opinion by Judge Bybee. It's clear. It's incredibly well-written. It exhaustively analyzes the various competing arguments. It's entirely persuasive. And it achieves justice in a setting in which justice is indeed difficult to achieve.

I'm impressed. I'm jealous. I'm green with envy. On my best days, with massive effort, I can only write a third as well.

It's not, mind you, that Judge Bybee does anything different -- or reaches a different result -- than precedent or other courts. He doesn't. But he does it so well, and so smoothly, that I couldn't help but be awed.

On the merits, by the way, this is another reason not to invest in a Ponzi scheme. Because if it sounds too good to be true, it almost assuredly is. And even if you are innocent, and even if you win (e.g., make money) in the scheme, the whole thing can still come back to bite you in the end.

So don't be greedy. Don't be taken for a fool. If it's an unbelieveable investment, don't believe it.

And write like Judge Bybee does here. Because it's awesome.

Full post as published by California Appellate Report on July 01, 2008 (boomark / email).