Monday, May 18, 2015

10th Circuit Criticizes Brief for Developing "No Pertinent Issues”

The 10th Circuit has denied an appeal in an employment case, because, it found, that NO issue in the brief was adequately developed. The brief was not a pro se effort. The court noted a one-sentence paragraph touching on an issue:

“The nexus in time between [plaintiff-appellant Nixon’s] testimony and media statements before the Civil Services Commission and the continuing [City] prosecution, attempting to support their unconstitutional actions against [Nixon] in their [state-court] action demonstrates [the City’s] retaliation against [Nixon] for exercising his First Amendment rights by speaking in a public forum[.]”

 According to the court: “We have no obligation to address the point because the

sentence fails to satisfy minimal standards for intelligibility that we must require from

lawyers, it is misleadingly placed under a heading for a different issue, and the brief

does not even say that the sentence is intended as a response to a ruling by the district

court or an argument by the City.”

You can read the opinion for yourself here.


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