Nichole Medical Equipment & Supply, Inc. v. Tri-Centurion, Inc., 694 F.3d 340 (3d Cir. 2012). Some posts on this blog have much substantive content. This one does not.
Though this opinion by Chief Judge McKee is about Medicare issues, doubtless important ones, two non-substantive things jumped off the pages of this ruling. First, instead of numbering the footnotes beginning with “1,” Judge McKee dug into the reservoir of symbols. The first footnote in the body of the opinion (more about a footnote that preceded the body of the opinion appears at the end of this post) was denoted by an asterisk. The footnotes that followed were “numbered” with a cross, a sort of doubled-cross, and a section sign (“§”). Judge McKee then repeated that sequence of footnote symbols, first using two of each symbol, then three of each, then four of each, and finally, for the last footnote, five asterisks (“*****”).
As the characters on Seinfeld said in a famous episode, “Not that there’s anything wrong with that.” But it is different, and noticeable. Apparently, Word allows the use of these symbols, in this order, as footnote “numbers” instead of numbers. Live and learn.
The second notable thing, denoted by a footnote (also a single asterisk, as is often seen for this particular purpose) was that Justice O’Connor was a member of the panel that decided this appeal. It is not often that a retired Supreme Court Justice sits on Circuit Court of Appeals cases. One of my partners argued a Third Circuit appeal before a panel that included Justice O’Connor on the day before this case was argued. For all counsel who argue before a Supreme Court Justice, even if not at the Supreme Court, it is unquestionably a memorable experience.