Friday, May 08, 2015

What Not To Do In a Brief

Nixon v. City and County of Denver, 2015 WL 1935251 (4/30/15) (Col.) (Published) - The 10th apparently wants to make a point to brief writers by publishing this otherwise nondescript case. The 10th excoriates Mr. Nixon's counsel, whose name is not listed, unlike what is usually done in published cases, for not explaining why the district court's decision was wrong. The 10th goes through in detail Mr. Nixon's opening brief and observes how Mr. Nixon addressed a number of issues that were either irrelevant or not contested, while not discussing why he lost the case below. The 10th also expresses unhappiness with the general nature of what might be construed as Mr. Nixon's challenge to one aspect of the district court's opinion. That challenge is accordingly waived. The 10th, ever so briefly, addresses an issue it divines Mr. Nixon may have made in one sentence under an inapposite headnote.