Do you know pig Latin? 

O-Day ou-yay ow-knay ig-pay atin-Lay?

Blawgletter doesn’t either.  But some federal judges appear to ow-knay ow-hay o-tay iss-may e-thay oint-pay. 

So it happened oday-tay when a court of appeals affirmed dismissal of a complaint because, it concluded, a state court had dismissed the same claims before the plaintiffs non-suited their state court case.  The issue, in our view, came down to whether the state court’s post-non-suit entry of a "Corrected Final Judgment" affected the, er, finality of a previous "order" that "DISMISSED" the "case".  The panel held that the earlier order did indeed constitute a final judgment for purposes of res judicata and collateral estoppel.  But it said bupkes about the impact of correcting the order on finality.  Orris-nay ersus-vay E-thay Earst-hay Ust-tray, No. 05-20710 (5th Cir. Sept. 18, 2007).

Perhaps e-way iss-may e-thay oint-pay.  But we don’t think o-say.

Barry Barnett

Feedicon14x14_4 Orry-say.