Thursday, November 29, 2007

"a slubby mass of words"

In a recently decided case, the Ninth Circuit dismissed an appeal due to deficiencies in the brief, including failure to include the applicable standard of review, a table of contents or authorities, or citations to authority.  In addition, it "[made] virtually no legal arguments."

The court also cites an earlier Ninth Circuit opinion: "'In order to give fair consideration to those who call upon us for justice, we must insist that parties not clog the system by presenting us with a slubby mass of words rather than a true brief.' N/S Corp. v. Liberty Mut. Ins. Co., 127 F.3d 1145, 1146 (9th Cir. 1997)."

hat tip:  Greg May (blog editor, The California Blog of Appeal)


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