Thứ Năm, 29 tháng 11, 2012

Oh Boy -- Judge Carnes Is at It Again!


Much digital ink has been spilled on this old-and-in-the-way blawg about Judge Carne's propensity for opening paragraph storytelling, analogy or metaphor -- usually invoking a song, cultural or historical reference.

This time I have to believe he's speaking directly to me:
Bob Dylan’s recognition that “[b]ehind every beautiful thing there’s been some kind of pain” 1 might seem painfully ironic to Amber Wright. Her quest for what she deemed to be more beautiful hair allegedly led not just to pain but also to emotional “scars that the sun didn’t heal,”2 all of which led to this lawsuit. Wright filed this products liability action under Georgia law alleging that a hair bleaching product manufactured by Farouk Systems burned her scalp, causing her to suffer physical, mental, and emotional pain. She claims that the product—colorfully named “Blondest Blonde”—is defective because it contains isolated areas of high reactivity, called “hot spots,” that can lead to burning of the scalp. She also claims that Farouk failed to adequately warn users of the product of the risk that burns can result if the product touches the scalp. The district court granted Farouk’s motion for summary judgment on all of Wright’s claims, and this is her appeal.
Note to Magistrate Judge Goodman -- here's the clean and lean way the Judge cites the Dyl-Bard:
1 Bob Dylan, “Not Dark Yet,” on Time Out of Mind (Sony Records 1997).
2 Id.
See, that's all you need!

BTW, I figured he would have went with "Silvio," from Down in the Groove (Columbia 1988):
I can tell you fancy, I can tell you plain
You give something up for everything you gain
Since every pleasure's got an edge of pain
Pay for your ticket and don't complain



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