Stephen G. Breyer
speaker
67,148 appearances
783 recordings
1 series
first heard Oct 2010
last heard Apr 2022
Stephen G. Breyer’s voice in public audio — every appearance, attributed to the second.
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Appearances
Supreme Court of the United States · LeDure v. Union Pacific Railroad Co. (20-807) · 28 Mar 2022
court
And here is where I have a problem.
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It sounds as if your client
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has said, look, it arrived in Salem ten minutes ago,
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It's ready to leave in an hour and it's still running.
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And they say, No, that isn't so.
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But this was summary judgment.
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How did they ever get summary judgment in their favor when there seemed to be a dispute as to the facts which are, I would think, highly relevant facts?
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What happened?
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So what was your view of the test that could be applied that would say it's not in use when it's arrived in ten minutes, it's leaving an hour from now and the motor's running.
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am just copying out and you don't like it.
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If I were to say, look.
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If what your client said is true, it is in use.
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Now, go have your trial.
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I wouldn't say that.
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I'd say this is this case.
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We'll worry about the next case, next case.
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This is a perfect example of a common law approach.
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The word is use, and it's not going to get us any further to say available, because available is going to be sometimes you win this case, but you lose some other case.
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Who knows?
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Okay.
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Showing 1081–1100 of 67,148 · page 55 of 3358
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