Kennedy: The district court reversed you in part.
Bulsara: Yes.

Kennedy: And the district court said, quote, these are the judge’s words, not mine, that you ignored, quote, “a large collection of cases in this district holding that essentially identical allegations are sufficient to stay the claim.” So, your boss said you just ignored a whole line of cases. What’s going on here?

Bulsara: Well, Senator Kennedy, the way I recall that case was there’s a split in authority about … And the Court of Appeals had not ruled on it.

Kennedy: Did you just… But the judge didn’t say you looked at both lines of cases and decided one was more accurate than the other. He just… He said you totally ignored a line of cases. Did you… Did you just disagree with those line of cases?

Bulsara: Senator, I would never ignore a whole line of cases. And I know that was a very lengthy opinion that I issued. And it’s my practice in the 1,000…

Kennedy: I’m run out of time, I’m sorry to cut you off, Judge. I don’t mean any disrespect. The district court judge says you ignored those cases.

I would respectfully say, as I… I don’t…

Kennedy: Was he wrong?

Bulsara: Um, I’m not going to call a colleague wrong. But I can say that in every case where I write a lengthy opinion, I read all of the applicable authorities. And I know in that particular situation, there’s a line of other cases that I have read. And I did so in all of my decisions. And I can expect that I did so in that one as well.

Kennedy: But why did you ignore the line of cases, is my point? I can understand you saying, well, there are two lines of cases and they conflict, and I find the reasoning more persuasive in this line. The district judge reversed you, said you just totally ignored them. That worries me.

Bulsara: He… He reversed me only in parts, Senator. And in those lines of cases, I think there’s a split of authority at the district court level. There’s no governing Court of Appeals decision or a US Supreme Court decision, which my oath requires me to follow.

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Kennedy: He said you totally ignored a line of cases! Was he wrong? why did you ignore?