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When Is a Defense “Available”? Avoiding Waiver by Being Bold When Asserting Defenses

It is well known that, at least in the federal system and Florida, a defendant who fails to raise lack of personal jurisdiction in a pre-answer motion to dismiss waives that defense. But there is an exception to this rule: If...more

Oral Argument as an Opportunity to Deliberate With the Court

I was fortunate enough to clerk for Judge David Hamilton on the Seventh Circuit Court of Appeals, and thus to observe his questioning at oral argument. I was struck by something that I noticed over time was a habit of his....more

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