I am working on a response to a 12(b)(6) motion. I rolled my eyes a bit because the author of the motion cited more than two dozen cases over about 5 pages. Not string cites, either. A new case for nearly every.single.sentence. Really, you couldn't find a single case that supported more than one point in the same paragraph? Id is your friend.
But my irritation at having to pull and read all those cases was quickly squelched when I read the very first case she cited. She completely misstated the holding of the case--asserting that it holds the opposite of what it really does! Clearly the Author was so busy throwing as much authority as possible at her point that she didn't bother to thoroughly read her cases. She picked out the good nuggets and ignored the rest.
Not only does this give me ammo that destroys her arguments, but it's also all the ammo I need for my own argument. I have my ace-in-the-whole case, and the other side handed it over on a silver platter.
This isn't the first time another party gave me good authority because they didn't thoroughly analyze their cases, but it is the most dramatic. Read you cases!
And really, a handful of solid cases is all you need to support any given argument. It's ok to cite a case more than once. Really.
3 comments:
Ha! That's awesome! Serves 'em right. I hope you managed to work a "thank you for the helpful case" into your response! ;)
I suspect some defense attorneys also write whoppers with ridiculous numbers of case citations just to rack up the billables and piss on plaintiffs' attorneys. My favorite is still the 35+ page treatise on slip-and-fall law in Kentucky pretending to be a motion for summary judgment, had over 50 cases cited. Dicks. My response was 6 pages, and I cited like 5 cases. I won and got complimented by the Judge (he didn't want to read all that nonsense either).
Even worse...when they DO read the case and purposefully miscontrue what the case says--so true, blatant lying to the court! OR they cite to an unpublished case (not allowed in our jurisdication) and fail to indicate that it was an unpublished case!
Exactly how it should be done, Proto.
CP, I was giving her the benefit of the doubt that it was not intentional. Although I'm seeing lots of cases "misconstrued" cases as I work my way through them, so maybe that is overly generous.
Post a Comment