Well, the Haggler is reluctant to endorse any dispute resolution methods that involve four-letter words or litigation, as effective as they might be.
"As the plaintiffs correctly observe, dissatisfied Foia requesters are often required to take the government at its word in Foia litigation, where the government has access to the disputed records and knowledge of how a search and response was conducted," wrote Moss in a 63-page opinion.
In other words, keep the litigation attorneys out of the picture, if at all possible.
Unlike litigation, the words "I'm not going to let my client agree to that" are eliminated from the discussion.
Slate in a column titled Nut Watch once dubbed Klayman a "one-man litigation explosion" after word got out that, aside from suing the likes of Hillary Clinton, Venezuela President Hugo Chavez, the Ground Zero Mosque and the Federal Reserve and the Department of the Treasury, he once even filed a lawsuit against his own mother.
Not often in the course of American litigation have the words "good-natured wart hog" appeared.
Here it is, in their own words: "We presume defending such litigation would not be a rational strategy for an investment firm such as yours.
In other words, it is fertile ground for litigation by companies against activist hedge funds.
It is still alive, but at the moment asbestos litigation remains, in the words of Supreme Court Justice David Souter, an "elephantine mass".
The focus of the litigation is the 16-word clause in Article 1, Section 8 of the Constitution that allows Congress to regulate interstate commerce, a provision the court has interpreted broadly but not without boundaries.
