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Ninth Circuit Judge Jay S. Bybee decides appeal with a tortuous procedural history

Ninth Circuit Judge Jay S. Bybee decides appeal with a tortuous procedural history: According to his opinion for a unanimous three-judge panel, "The events at issue span twenty years, resulted in congressional hearings, and involve litigation in three circuits. We are not sure if the appropriate literary metaphor belongs to Tolstoy or to Kafka, but we are going to set forth the history of this case in some detail."

Today's ruling hands the federal government at least a very small victory in a case where a private claimant had secured an arbitration award against the federal government totaling more than $93 million.

Full post as published by How Appealing on April 22, 2009 (boomark / email).