Nonstarter
I was reading a 1st Circuit opinion linked by a blog post which mentioned that the opinion "bench slapped" the drafters of a contract at dispute. This of course piqued my interest so I took a quick look at the opinion. I was surprised to notice this sentence:
Perry's assertion that the late April payment automatically (and with no "notice" required) accelerated the principal is a nonstarter.
I've always thought of the word "nonstarter" as one coined by the ESPN2 generation. I could be wrong.
On a related note, a Seattle-based U.S. District Judge is being accused of using the "worst sports metaphor of all time." [WSJ Law Blog] The offending quote?:
[The Owners'] attempt to side-step Article II and shoot for Article XXVI is as errant as a typical Shaquille O'Neal free throw.
Really, I'm not enough of a sports fan to know the difference. (If it were up to me I would jettison the teams, or at least their stadiums.) But Judge Martinez is well respected around these parts, so I don't think an errant sports metaphor is going to do his reputation much harm.
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