I expect the practitioner representing petitioner in this designated hitter off the word processor of Judge James S. (“Big Jim”) Halpern doesn’t need the advice suggested by the title of this blogpost, but I put this here for the rest of us.

Judge Big Jim: “There is a genuine dispute as to material issues of fact, and, on that ground, we shall deny the motion for summary judgment. Perhaps on further consultation before trial, the parties will conclude that the record is inadequate to support the notice and that remand to Appeals is appropriate.” Order, at p. 4.

Perhaps the parties had best take Judge Big Jim’s advice, in the case of Lil Jon, or, as more particularly set forth in the subject Order, Jonathan Smith A.K.A. Lil Jon, Docket No. 23204-14 L, filed 11/25/15.

I had no idea why the petitioner was so designated (showing thereby perhaps my age) but I am informed as follows: “With his gleaming, bejeweled grill, dreadlocks, and growling, one-word party shouts, Lil’ Jon is one of the most recognizable figures in contemporary hip-hop.”

Notwithstanding the foregoing, Lil Jon seems to have problems with a CDP. The facts are a tangle, and I’ll let those of you who enjoy unraveling a chainstitch read the Order for yourselves. As for using anything therein contained in your own case, remember YMMV.

But when a Judge suggests you might think about a remand, do think, and think twice. You might reject the suggestion if you don’t want to give Appeals a second chance to sink your client. But you might take the hint if you think you have enough good stuff to win at Appeals.

So chew it over while you chew your turkey.