Thursday, December 16, 2021

Good job!

In this 43-page unpub'd decision, 4/3 mostly affirms but also reverses and remands in a limited way, yet notes: "We commend Judge Claster, who presided over the trial and decided the posttrial motions, and Judge McCormick, who decided the pretrial motions, for their thorough analysis and for creating excellent records for appellate review."

In contrast, for a not-so-good-job by appellant, see this 4/2 unpub here, where the opening brief cites none of the evidence, cites only a few items in the record, and fails to support his main argument with any authority. Outcome? All claims of error are forfeited on appeal.

See also this unpub where an appeal is dismissed for lack of jurisdiction (ok, that happens) but the court also notes how "In an effort of avoid this result, the defendants urge upon us several arguments that are inconsistent with the positions they took below and inconsistent with one another; in the course of doing so, they also do not accurately represent the record below. Such argumentative gymnastics and strategic omissions are unhelpful and, ultimately, unavailing."