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The post below was published on Tuesday, December 28th, 2010 at 11:28 AM.

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Judge Schwartz: Thankfully Respecting The Fifth’s Turf

A couple of months ago, in this post, I expressed some concern with the Third District’s efforts to rename the “tipsy coachman” rule as the “drunken cabbie” rule. Judge Schwartz has been the champion of those efforts. He recently authored this decision for the Fifth District, but, although he had occasion to mention the rule, he notably declined to continue his revisionist nomenclature pursuits.

I mean “notably” quite literally. Judge Schwartz used a footnote to discuss his reticence to steer the Fifth District down the “drunken cabbie” way.

















































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