We used to author occasional "There'll Always Be
Posner" posts, highlighting the latest ruminations of that
lively, capacious intellect. But it is doubtful whether we will
ever have occasion to pen another such post, since Judge Posner
stepped down from the Seventh Circuit. But Judge Danny Boggs still
sits on the Sixth Circuit, and he still seems to have his fastball.
We've mentioned a
couple of
times our admiration for Judge Boggs — he of the
notorious clerk trivia quiz, spotty performance as a lifeline on
Who Wants to be a Millionaire, host of Kentucky Derby parties, and
dazzling mastery of prose and law. Last week he wrote a rather long
opinion in Boling v. Prospect Funding Holdings, LLC, 2019
WL 1858506 (6th Cir. April 25, 2019), a case about whether certain
litigation funding contracts were enforceable. We will, in turn,
write a rather short summary. It will lack the Judge's splendid
phrase-turning, but it will give a sense of the main issues and
rulings. Our
