It all depends on how you look at it.

Monday, February 21st, 2011

Sometimes when a court issues a decision, its rendition of the facts helps reinforce the decision it makes. What the court stresses and the order it presents the facts suggests the conclusions that will follow. Often, you can tell the outcome of a case just by reading the court’s statement of the facts. A different court will choose and arrange the facts a different way and come to a different conclusion. A new case out of the Ninth Circuit published on February…