Category: Oral Argument
“That answer is not acceptable in this court ever.”
October 14, 2020
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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
December 30, 2021
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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
April 8, 2022
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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
May 23, 2023
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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 …