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Wednesday 8 June 2011

Amazing -- Motion for Reconsideration Actually Granted!

Reconsideration Granted

Wonders of wonders, miracles of miracles....


If you strictly abide by the standard for motions for reconsideration, they are pretty darn hard to prevail upon.

They also require more or less a confession of error of some kind by the court, again something federal judges don't tend to do all too often.

That's why this order from Judge Seitz granting in part a motion for reconsideration is fairly surprising, and indeed refreshing in some respects.

It's also interesting that Judge Seitz appears to disagree with Judge Cooke's reasoning in Grovenor House as to privity in the warranty context, though she mostly relies on the reconsideration standard for refusing to follow this precedent.

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