Pay more heed to counsels' arguments, rather than simply judgments?
Florida prosecutors responded that Mr. Holland was not allowed to communicate with the court directly because he was represented by counsel, an argument accepted by the court.
Marshall was gangly and quirky and such an avid listener that Daniel Webster once said that, on the bench, he took in counsel's argument the way "a baby takes in its mother's milk".
It is likely that the judges will dodge this decision by adopting defense counsel's argument that the dismissal of the TVPA claim is irrelevant since the jury rejected wrongful death claims with lower evidentiary standards than is required by the Act.
Just like there are number of things that counsel summarize after argument, not all very good in their minds.
"It is difficult to convey how thoroughly egregious counsel's closing argument was," Justice Stevens wrote of a defense lawyer's work.
"Despite the Owner's undisputed efforts to pay the Bank," she wrote, "the Bank nevertheless brought proceedings to foreclose because, as stated by Plaintiff's counsel at oral argument, 'that's their choice.' " That would fall under the unilluminating doctrine of "because they feel like it".
That's the former Trump campaign manager's defense against special counsel Robert Mueller's argument that Manafort called and messaged two of his old associates to get them to lie about his work overseas.
If this happens, then Taylor would have to rely on another counsel to make arguments to the judges (including his closing statement), at a sentencing hearing if Taylor is found guilty, or at any appeals hearings after the Trial Chamber's final judgment.
Monday's Arguments Theresa Traber, counsel for plaintiffs, began her argument by noting the serious error of the district court's jury instruction on the battery claims under Nigerian and Californian law.
Moreover, the case is being heard by a judge who dismissed similar conflict charges last year against Wachtell, Lipton, Rosen & Katz, the law firm now on the other side of the argument as counsel for Airgas.
