Miles Christman v. Albert Skinner

I dissent from so much of the majority opinion as affirms dismissal of the first, third and fourth causes of action. I fully appreciate the time-consuming burden that this and similar cases impose on our district courts and have suggested that federal legislation to deal with the problem may be appropriate.1 In the absence of a legislative solution, however — particularly when this case must now be tried in any event on the second and fifth causes of action — I cannot agree that the problem should be solved by a rigid construction of the pleadings or by misapplied principles of qualified…