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Filomena Rivera v. Mukasey (9th Cir. - Dec. 7, 2007)

By Shaun Martin

Ah, the holidays. The flights. The crowds. The utterly unnecessary flight cancellations because your pilot "unexpectedly" maxed out the number of hours he could fly in a month in the middle of your trip. The joy!

So here your honorable blogger is. Stranded in a Holiday Inn in Cincinnati for 24 hours until the next flight leaves for San Diego. Alongside his three lovely -- and very excited -- children, 6, 4, and 1. Triple joy!

Oh, wait. Did I say "Cincinnati"? I meant Erianger, Kentucky, of course. Which is the true location of the "Cincinnati" airport. And let me tell you, there's TONS to do in Erianger. Whoa, Nellie. Especially with three little kids. Especially without a car or other transportation. And especially on New Year's Eve.

But fear not. I got a $7 meal voucher. And the prospect of spending it on the rockingest of New Year's Eves. I'm figuring I'll put the kids to bed at, oh, say, 6:00 p.m. And promptly join them. So an early 2008 to all!

Meanwhile, in the legal world, there's (of course) nothing new today. Undoubtedly because the judicial system caps out at the end of the month as well. (Actually, I'd like that system: "Sure, I'd love to write another published opinion if I could, PJ/Kozinski. But I've already written my maximum for the month, sadly. Off to Hawaii. See you on the first of the month!").

But the resulting extra time allowed me to read this case, which came out earlier this month, to end the year on a happy note. And, further, for the very first time, put the plaintiff's first name in the caption of the post.

Because it brought a smile to my face. As well as because it happens to be -- and I looked this up -- the first published opinion in the history of the Ninth Circuit in which a lead party has had the first name "Filomena".

Which reminds me -- as it should everyone -- of My Blue Heaven. Set in San Diego -- the city of my home, and the city that I have been unable to reach today -- no less. A movie that's a lighthearted Steve Martin and Nora Ephron classic. And surprisingly related to Goodfellas, of all movies.

The classic line: "Filomena!" And her response, after some Italian, "I thought Wankel invented the rotary engine?"

Funny, funny stuff.

Okay. Maybe you had to be there.

Regardless. Enjoy what little's left of 2007. And have a happy, wonderful, and joyful 2008, all.

Full post as published by California Appellate Report on December 31, 2007 (boomark / email).