Louisville & Jefferson County Metropolitan Sewer District v. Simpson

Respectfully, I dissent.

Shakespeare described brevity as the soul of wit. This may be true in many situations, but the majority opinion in this case is not one of them. The opinion is barely two and half pages, double spaced, and fails both to address the facts of the case and to offer reasoned analysis of the law applicable to those facts. Brevity is no virtue when it obscures or omits the ratio decidendi. The brief opinion in the present case papers over the cracks by failing to address them. We will do so in this dissent.

This is a class action on behalf of persons who were victims of…