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: How AppealingTranscript of the recent Third Circuit reargument en banc in which I participated
On February 25, 2011, I had a post titled "Handouts and demonstratives at an appellate oral argument" in which I linked to Class Counsel's motion for leave to file the handout that Class Counsel had wanted to use at oral argument and the response that I filed to that motion.
Within hours after I filed that response, Class Counsel filed a document titled "Motion by Appellees to Strike Portions of Appellant Quinn's Unauthorized Brief in the Guise of a Response to Motion to file Handouts." In the alternative, Class Counsel's motion stated that "Appellees respectfully request leave to file a response to the points raised in the unauthorized brief and that there be no further reply by Quinn."
Moments ago, and two days before my response to the motion to strike was due, the Third Circuit issued an order denying the motion to strike, allowing Class Counsel to file a response by a specified date, denying Class Counsel's request that my client be prohibited from filing any reply, and consequently allowing my client to file a reply by a specified date.
Full post as published by How Appealing on March 08, 2011 (boomark / email).
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