A Tale of Two <i>Greenmoss Builders</i>

If ever a pending Supreme Court case deserved the merciful disposition of “improvidently granted,” it would seem to be Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. Many factors seem to warrant such interment for an elusive and wholly unsatisfying controversy. Arguably, by any objective standard, this case should never have gone beyond a routine and little noted denial of certioriari. Against this unhappy background, let me offer several countervailing and compelling factors that seem to warrant an alternative disposition.