Scherz v. South Carolina Insurance

ORDER. GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S SECOND CAUSE OF ACTION

MATZ, District Judge.

INTRODUCTION

As Justice Jackson once good-naturedly confessed, “[pjrecedent, however, is not lacking for ways by which a judge may recede from a prior opinion that has proven untenable and perhaps misled others.... Baron Bromwell extricated himself from a somewhat similar embarrassment by saying, ‘The matter does not appear to me now as it appears to have appeared to me then.’ ” McGrath v. Kristensen, 340 U.S. 162, 177-78, 71 S.Ct. 224, 233, 95 L.Ed. 173 (1950) (Jackson, J., concurring).

A…