Haff v. Cooke

DECISION AND ORDER

REYNOLDS, District Judge.

INTRODUCTION

Lawyers are supposed to winnow and sift. When faced with a mass of facts, the attorney must locate the critical facts, develop the best claims or defenses, and then argue the theory to the judge or jury. Instead of the winnow and sift approach, both sides in this case have adopted the kitchen sink approach: no fact is too minute and no legal theory is too tenuous for submission to the court. At the same time, the parties have often ignored the legal background in which they argue their claims. 1

As a result of the litigation strategies,…