The First Amendment
We read the other day about how the First Amendment helped a tiny church worshipping an even smaller god escape a mega tort verdict for intentional infliction of emotional distress caused by it’s picketing of military funerals.  Regardless of the questionable merit of the Westboro Baptist Church’s activities, its legal win – 

Back in the antedilvuian days when we were in law school, the practice we learned was to include Supreme Court denials of certiori as subsequent history when citing cases in briefs. We’ve pretty much been doing it ever since.

Lately, however, we’ve seen a lot fewer “cert. denied”s in the briefs other legal stuff we’ve

Bexis’ firm was involved in the case discussed in this post. Sadly, that means that you’re subjected today to pure, unadulterated Herrmann.

As a defense lawyer, here’s a hint that you’re just not going to like where things are headed: When six of the first seven pages of a judge’s decision in a civil case

We’re not fond of court rules that dictate the structure of briefs.

We understand why courts adopt these rules. It’s partially for self-preservation; if courts didn’t impose page limits on briefs, for example, many litigants would inflict tomes on courts. And some rules make it easier for the court to find certain essential information, such