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Litigation Strategies Defense Strategies Oral Argument

Holland & Hart - Your Trial Message

More Arguments Aren’t Always Better: Know the Reduced Average Effect

Imagine an attorney going over her notes before oral argument. She already has a solid set of reasons lined up and then decides to add one more argument that has been a little controversial within the team: some like it, but...more

Holland & Knight LLP

Opening Statements: The Prohibition Against Argument

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the frequently stated rule that an opening statement is intended to be only a summary of the facts, not an argument....more

Holland & Hart - Your Trial Message

Plan for a Hybrid Trial System

There are two theories fighting it out over what will happen once the pandemic fades. The first,  — I’ll call it the “blip theory” — posits that we will simply go back to normal pre-pandemic times, with the lockdown’s...more

Carlton Fields

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

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In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more

McManis Faulkner

The Appellate Oral Argument

McManis Faulkner on

The Appellate Court: An exciting forum of oral advocacy; a check on the process and the decisions of our trial courts; a second chance for parties to make their case; and a place where novel and important legal principles...more

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