Legal Opinion · Dissent

Hatfield ex rel. Hatfield v. Bishop Clarkson Memorial Hospital

Court of Appeals for the Eighth Circuit

Decided March 17, 1983No. Nos. 81-2114, 82-1010Published

1DissentLay, Chief Judge

I respectfully dissent. I cannot in good conscience join in the request for certification in Hatfield and Macku v. Drackett Products Co., No. 82-1150 (8th Cir.) filed this date. The majority opinion in requesting certification in this case to the Nebraska Supreme Court totally misconceives the certification process; furthermore, certification in the present case constitutes an abuse of the judicial process itself. The majority decision gives ringing truth to Justice Cardozo’s aphorism of fifty years ago that “postponement of a remedy [can be] equivalent to a denial of justice altogether.” 1

Tod…

2Cases cited13 opinions

  1. Lehman Brothers v. ScheinSupreme Court of the United States · 1974
  2. Memorial Hospital v. Maricopa CountySupreme Court of the United States · 1974
  3. Meredith v. Winter HavenSupreme Court of the United States · 1943
  4. Clay v. Sun Ins. Office Ltd.Supreme Court of the United States · 1960
  5. State of Florida Ex Rel. Robert L. Shevin, Attorney General, Plaintiff v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 1976

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