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: Northern Virginia Personal Injury Lawyer

Appeals Court Issues Rare Public Rebuke of Judge

By Ben Glass

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In an extraordinary public rebuke of a sitting judge for one of his decisions, the Ninth Circuit Court of Appeals has formally apologized to the parties for the cost and delay that the judge's action caused. The case is Calderon v IBEW Local 47.

The plaintiff started a lawsuit and served one party but initially failed to serve a second party. The judge, Manuel L. Real, issued an order to "show cause" why the case should not be dismissed for failure to prosecute. This order was served by email, which wasn't checked by plaintiff's counsel, so Judge Real dismissed the case. The plaintiff then did serve the second defendant and asked that the case be reinstated, which Judge Real, without argument, refused to do.

(This isn't the first time someone has noticed Judge Manuel L. Real.)

Here's what the appellate court said:

Full post as published by Northern Virginia Personal Injury Lawyer on November 14, 2007 (boomark / email).

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