Will Baude

Just as it doesn't have to be the direct appeal avenue, it doesn't have to be the rule...

Well, maybe it does.

Maybe that's the only avenue.

Maybe.

But the court... I mean, that's where we're back to the... Then it'd be the same issue as the appeal, I think.

Yeah.

It might be that the appeal is the only option for your... Yeah.

fixed be like you know some kind of you know later emotion but it's not even clear it's a motion under rule 60b for instance it could be a motion with the new enforcing court where you say yeah so i think the point that unites us for the majority is it might well be true that there has to be some way to challenge avoid judgment it does not follow that the procedure that has sitting in front of you has to be the way with no time limits and that's true of the appeal example and it's true of the 60 example

I mean, the court even suggests at one point that it's maybe by analogous analysis latches, uh, you know, maybe 11 years is fine.

If there's a reason you waited so long to challenge it.

Yeah.

Yeah.

Okay.

When down brings Lisa Blatt's record to what, like 99 to one or something.

She's lost, I think, three or four.

Okay.

I, of course, pick the Erie case.

The court didn't issue a majority opinion and has made conflict of law professors and civil procedure professors curse the court's name for a decade.

Burke v. Choi presents the question of whether or not a state rule about medical malpractice claims applies to state claims filed on diversity.

Basically, to file a medical malpractice claim, you have to have an affidavit saying that your claim is not bogus, and that has to be, under state law, like, attached to docket the complaint.