Before my clerkship, I imagined that any circuit oral argument would a masterpiece of preparation and skill. I still remember the excitement and awe I felt before the first day of arguments.
I was quickly disabused.
But two CA3 oral arguments tomorrow figure to provide that caliber of advocacy.* In the morning, appellate specialist and How Appealing blogger Howard Bashman will argue. The panel is Smith, Shwartz, and Roth. The case is Miller v. SmithKline Beecham, the briefs are here. (And arguing the other case that morning will be Lisa Freeland, the head FPD of WDPa and a top advocate, although both sides are arguing by video).
In the afternoon will be the NFL concussion-suit argument I’ve blogged about here and here. Appearing will be Steven Molo of MoloLamken, Prof. Samuel Issacharoff of NYU Law, and Bruce Birenboim of Paul Weiss, national-profile advocates all. (Public Citizen’s motion for 5 minutes to argue as amicus was denied.) The panel is Ambro, Smith, and Jordan — Jordan replaced Krause after the argument was calendared.
* I’m sure there are other first-rate arguments this week too–I always appreciate a heads-up about CA3 cases to watch.
Appeals nerds rejoice!
Update: and here, from the other end of the oral-advocacy spectrum, is a post on Above the Law on a recent CA5 eyebrow-raiser. If you thought it might help your client to argue, “I think I know a little bit about federal court. Go ahead and tell me, though,” see how it turned out for this unfortunate fellow first.