Tag Archives: Benchslap

Judge’s Benchslap Provides Unique Resolution to Deposition Dispute.

01 Tuesday Jan 2019

Posted by in Benchslap, Depositions, Discovery, Humor, Judges

≈ Comments Off on Judge’s Benchslap Provides Unique Resolution to Deposition Dispute.

Tags

, , , ,

Parties Ordered to Conduct Deposition at State Line, Lowering the Bar, by Kevin Underhill

https://loweringthebar.net/2008/06/parties-ordered.html

Because we Oklahomans are totally fine with losing the Big 12 Championship to some other team whose name I can’t recall, this discovery dispute seemed understandable. [Sarcasm intended.] Everyone knows that, when it comes to discovery disputes, nothing is too outrageous, even if the Court adds football bragging rights to its Order.

Despite what I’m sure were sincere good faith efforts by both sides, neither could agree on the location for the corporate representative’s deposition – San Antonio, Texas, or Bentonville, Arkansas. Both refused to budge and had dug in their respective heels. The Court, when faced with an Opposed Motion for Protective Order by the Arkansas corporation, chose a unique resolution to make both parties happy. – CCE

Paraphrasing Mark Twain: “It is Better to Keep Your Mouth Closed . . . .”

18 Sunday Nov 2018

Posted by in 6th Circuit Court of Appeals, Appellate Law, Brief Writing, Contract Law, Legal Argument, Legal Writing

≈ Comments Off on Paraphrasing Mark Twain: “It is Better to Keep Your Mouth Closed . . . .”

Tags

, , , , ,

Don’t Mock A Legal Argument If You’re Completely Wrong, by Joe Patrice, Above the Law Blog

https://abovethelaw.com/2013/09/dont-make-fun-of-a-legal-argument-if-youre-completely-wrong/

Mark Twain said, “It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt.” It is always awkward when the court benchslaps your legal argument.

There are useful lessons here for all of us, not just State Farm. First, when your client is relying on the terms of a contract, note its details before you say something you will wish you hadn’t. Second, be careful with hyperbole and sarcasm when writing a brief for an appellate court.

I agree with Mr. Patrice. The opening paragraph of the Sixth Circuit Court’s opinion is worth repeating. -CCE

There are good reasons not to call an opponent’s argument ‘ridiculous,’ which is what State Farm calls Barbara Bennett’s principal argument here. The reasons include civility; the near-certainty that overstatement will only push the reader away (especially when, as here, the hyperbole begins on page one of the brief); and that, even where the record supports an extreme modifier, ‘the better practice is usually to lay out the facts and let the court reach its own conclusions.’ But here the biggest reason is more simple: the argument that State Farm derides as ridiculous is instead correct.

Six Judges Let The Benchslaps Fly.

19 Tuesday Jun 2018

Posted by in Acronyms, Appellate Law, Benchslap, Humor, Intellectual Property, Judges, Legal Ethics, Legal Writing, Oral Argument, Patent Law, Proofreading

≈ Comments Off on Six Judges Let The Benchslaps Fly.

Tags

, ,

Six Benchslaps to Brighten Your Day, by Lisa Needham, Lawyerist.com

https://lawyerist.com/six-benchslaps-will-brighten-day/

As Ms. Needham describes it, “[f]or the unfamiliar, benchslap originally referred to one judge snarking at another, but now refers to any time a member of the bench crushes an attorney with wit, rage, or both.” It is also an excellent example of what not to do. -CCE

A Benchslap By Judge Gorsuch. And It’s A Really Good One, Too.

17 Monday Apr 2017

Posted by in 10th Circuit Court of Appeals, 10th Circuit Practitioner's Guide, Appellate Judges, Appellate Law, Appellate Record, Benchslap, Citations to the Record, Immigration Law, Judges

≈ Comments Off on A Benchslap By Judge Gorsuch. And It’s A Really Good One, Too.

Tags

, , , , ,

Benchslap Of The Day: No More Mr. Nice Guy, by David Lat, Above The Law Blog

http://abovethelaw.com/2015/03/benchslap-of-the-day-no-more-mr-nice-guy/

It’s Monday, which makes it a good day for a good old-fashioned benchslap!

Our Judge for today’s benchslap is none other than newly appointed Justice Neil Gorsuch of the United States Supreme Court, back when he was at the United States District Court for the Tenth Circuit. Judge Gorsuch’s opinion is an excellent lesson on the basic elements of a successful appeal. An immigration lawyer ignored the Court’s local rules. A serious mistake, and a thorough benchslap. -CCE

Appellate Court Benchslaps Trial Judge – Ouch.

25 Friday Nov 2016

Posted by in Appellate Judges, Benchslap, Judges

≈ Comments Off on Appellate Court Benchslaps Trial Judge – Ouch.

Tags

, ,

Appeals Panel Rips Judge Over One-Minute Decision, by Joe Patrice, Above The Law Blog

http://abovethelaw.com/2016/10/appeals-panel-rips-judge-over-one-minute-decision/

The only thing more stinging than a satisfying benchslap is the cool, crisp bite of a sly insult. The understated quip can often accomplish so much more than the breathless broadside. For example, an opinion reversing the court below that signs off with, ‘next time, we assume you’ll do your job,’ boasts more devastating heft than anything Justice Scalia served up. It’s just so cold.

Continue reading →

Citations In Footnotes? The Debate Rages On.

03 Saturday Sep 2016

Posted by in Benchslap, Citations, Footnotes, Judges, Legal Writing

≈ Comments Off on Citations In Footnotes? The Debate Rages On.

Tags

, , , ,

Benchslap Of The Day: Don’t You Dare Put Citations In The Footnotes, by David aw LobLat, Above The Law Blog

http://abovethelaw.com/2016/08/benchslap-of-the-day-dont-you-dare-put-citations-in-the-footnotes/

In case you’ve missed it, there is controversy in the legal writing world about whether citations belong in the text or in the footnotes. People in both camps feel strongly about this. These people do not see a lot of gray. You are either doing it right or you’re not. I suspect this Judge has similar inclinations. -CCE

Nobody puts baby in the corner. And nobody puts citations in the footnotes — at least not in this federal judge’s court.

Via the Twitter feed of Ross Guberman, a leading expert on legal writing, comes this benchslap from Judge James K. Bredar (D. Md.) . . . .

Continue reading →

Gender Discrimination During Deposition Earns Judge’s Benchslap.

16 Saturday Jan 2016

Posted by in Attorney Discipline, Benchslap, Depositions, Discovery, Judges, Legal Ethics, Professional Civility, Rules of Professional Responsibility

≈ Comments Off on Gender Discrimination During Deposition Earns Judge’s Benchslap.

Tags

, , , ,

Lawyer Receives Stern Benchslap And Amazing Sanction For Sexist Deposition Comment, by Staci Zaretsky, Above The Law Blog 

http://bit.ly/1RNcs34

As we’ve thoroughly documented in these pages, women who practice law are often subjected to demeaning and degrading comments from their male colleagues, for no other reason than because they’re women. One federal judge had finally had enough of this type of disrespectful behavior, so he took a lawyer to task for making a sexist remark during a deposition. . . .

Continue reading →

Failure To Follow Court Rules Earned This Fed Up Benchslap.

23 Monday Nov 2015

Posted by in Appellate Law, Bad Legal Writing, Benchslap, Brief Writing, Citations, Court Rules, Courts, Issues On Appeal, Judges, Legal Writing

≈ Comments Off on Failure To Follow Court Rules Earned This Fed Up Benchslap.

Tags

, , , , ,

A Lawyer Way Out Of Her League Gets Benchslapped By Frustrated Judge, by Kathryn Rubino, Above The Law Blog

http://tinyurl.com/o9hk847

The case did not seem suspicious. A commercial painter claimed he had not been paid for work hired by a building manager. The lawyer took the painter’s case. Unfortunately, under oath, her client admitted that he had faked his evidence with forged invoices.

No one was surprised when the trial court imposed sanctions. The surprise came when the lawyer appealed the case with a badly written brief. The lawyer only made it worse when she submitted her corrected brief to the Court. The judge’s response is a classic benchslap. -CCE

Perfect Benchslap For Redaction Running Amuck.

08 Saturday Aug 2015

Posted by in Benchslap, Court Orders, Federal Judges, Judges, Legal Writing, U.S. District Courts

≈ Comments Off on Perfect Benchslap For Redaction Running Amuck.

Tags

, , , , ,

Judge Trolls Lawyers Without Saying Anything At All, by Joe Patrice, Above The Law

http://abovethelaw.com/2015/08/judge-trolls-lawyers-without-saying-anything-at-all/

Joe beat me to it. Many thanks to Jessica L. Craft at Holden & Carr for the heads’ up. -CCE

Judge Charles Breyer proves that a redaction can be worth a thousand words. . . .

Continue reading →

Judge’s Benchslap Orders Parties To Rewrite Their Acronym-Loaded Briefs.

20 Monday Jul 2015

Posted by in Acronyms, Bad Legal Writing, Brief Writing, District of Columbia Circuit Court of Appeals, Legal Writing, Readability, Style Manuals

≈ Comments Off on Judge’s Benchslap Orders Parties To Rewrite Their Acronym-Loaded Briefs.

Tags

, , ,

Alphabet Attack, by Ross Guberman, Legal Writing Tips for Attorneys and Judges

http://legalwritingpro.com/blog/alphabet-attack/

I wonder how many judges have wanted to do this? -CCE

It wouldn’t be spring in America without some federal judges publicly criticizing attorneys in a genre now known as ‘benchslap.’

The offended court this time: the D.C. Circuit. The court’s target: acronyms in briefs filed in a complex telecom dispute. The benchslap: ‘It is ordered . . . that the parties submit new briefs that eliminate uncommon acronyms used in their previously filed final briefs.’ The court even cited its own practice handbook for good measure: ‘[i]n briefs the use of acronyms other that those that are widely known should be avoided.’ . . .

Continue reading →

Judge’s Benchslap for Missing E-Filing Deadline By Three Minutes.

13 Saturday Jun 2015

Posted by in Benchslap, Calendar/Docketing, E-Filing, Judges, Law Office Management, Legal Technology

≈ Comments Off on Judge’s Benchslap for Missing E-Filing Deadline By Three Minutes.

Tags

, , , , , ,

Judge Shames Lawyers Over Midnight Filings In Awesomely Sarcastic Order, by Staci Zaretsky, Above The Law

http://tinyurl.com/oeld5yg

Thanks to the advent of electronic filing, lawyers get to work nearly 24 hours a day. You’re not expected to work that much, of course, but your firms certainly wouldn’t mind it if you did. Got a motion due at midnight? No problem! You’re overworked and you’ve got a million other things on your plate, so putting one filing on the backburner can’t hurt. After all, you can just furiously write it the night it’s due, and click a few buttons to get it filed by 11:59 p.m. But for some, until the last minute will come back to bite you in the ass. . . .

Continue reading →

Judge Uses The “Mommy Voice.”

25 Monday May 2015

Posted by in 7th Circuit Court of Appeals, Depositions, Discovery, Federal Rules of Discovery, Relevance, Requests for Production, Subpoena Duces Tecum

≈ Comments Off on Judge Uses The “Mommy Voice.”

Tags

, , , , , ,

Benchslap Of The Day: Just. Produce. The Documents!, by David Lat, Above The Law Blog

http://abovethelaw.com/2014/02/benchslap-of-the-day-just-produce-the-documents/

What’s the “Mommy Voice?” We have all been there, and may have used it ourselves.  It’s when your parent – usually your mother — calls you using your first, middle, and last names in a no-nonsense voice. Usually, whatever happens next, it isn’t pretty. -CCE

Yes, benchslaps are great fun to read about, especially if you enjoy a little schadenfreude. But benchslaps are not fun to receive — and they’re not always justified.

Because of the prestige of judicial office, judges generally get the benefit of the doubt when dishing out benchslaps. But sometimes judges go too far. For example, some observers felt that Judge Richard Posner crossed the line when interrogating a Jones Day partner during a recent Seventh Circuit argument.

This brings us to today’s benchslap — directed at a lawyer for the federal government, no less. It’s harsh, but is it warranted? . . .

Continue reading →

Benchslap Open Season on Acronyms.

30 Wednesday Apr 2014

Posted by in 9th Circuit Court of Appeals, Acronyms, Appellate Law, Bad Legal Writing, District of Columbia Circuit Court of Appeals, Legal Writing, Legalese, Readability

≈ Comments Off on Benchslap Open Season on Acronyms.

Tags

, , , , , , , , ,

Alphabet Attack, by Ross Guberman’s Legal Writing Blog

http://legalwritingpro.com/blog/alphabet-attack/

It wouldn’t be spring in America without some federal judges publicly criticizing attorneys in a genre now known as ‘benchslap.’

The offended court this time: the D.C. Circuit. The court’s target: acronyms in briefs filed in a complex telecom dispute. The benchslap: “’It is ordered . . . that the parties submit new briefs that eliminate uncommon acronyms used in their previously filed final briefs.’ The court even cited its own practice handbook for good measure: ‘[i]n briefs the use of acronyms other that those that are widely known should be avoided.’ . . .