Smackdown and Dissent from Smackdown:

A very interesting exchange between Seventh Circuit Judges Posner and Easterbrook in the majority, and Judge Evans in the dissent, about what courts should do about certain kinds of procedural errors by lawyers. Beyond the obvious schadenfreude appeal of such things, and the case's utility as a reminder to lawyers to be careful, there's an important question here about what courts should do in such situations; fortunately, both opinions are thoughtful and eminently readable.

POSNER, Circuit Judge [joined by EASTERBROOK, Circuit Judge].... Before [reaching the merits], we remark the confusion in the parties’ briefs concerning the elements of the diversity jurisdiction. The jurisdictional statement in the appellants’ brief states that the federal district court’s jurisdiction was based on diversity of citizenship “and the jurisdictional amount of $75,000.” In fact diversity jurisdiction depends on the jurisdictional amount’s exceeding $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a).

On a completely unrelated note, let me remark the unusual use of the term "remark" in the first sentence quoted above. It's quite legitimate, even to a prescriptivist, but I don't recall ever having seen it.