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Category: Oral Argument
“That answer is not acceptable in this court ever.”
Recently, during an oral argument in the D.C. Circuit, counsel (who shall remain nameless) attempted to do what appellate practitioners call “fighting the hypo.” Chief …
D.C. Circuit returns to remote arguments
Less than a month after returning to in-person oral arguments, the D.C. Circuit has reverted to Zoom. On December 30, the Court announced that thanks …
The danger of spontaneous concessions at argument
Two cases decided by the D.C. Circuit today show the gravity of concessions at oral argument. In one case, the court cited counsel’s concession as …
The power of (strategic) concessions
A decision of the D.C. Circuit this past week shows the power of strategic concessions. The case involved a federal rule mandating shutoff valves in …
