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Saturday, June 15, 2024 | Back issues
Courthouse News Service Courthouse News Service

9th Circuit Strikes Attorney’s Flawed Brief

SAN FRANCISCO (CN) - The 9th Circuit cracked down on an attorney for submitting a brief that lacked a table of contents, a standard of review and a basic legal argument.

A circuit panel struck the opening brief in its entirety and dismissed the appeal of a Department of Defense employee who claimed she was the victim of disability discrimination.

In the brief, the plaintiff's attorney challenged summary judgment with the statement "Plaintiff-Appellant disagrees," followed by a list of asserted facts.

"Bare assertions of fact and lists unaccompanied by analysis completely devoid of caselaw fall far short of the requirement that counsel present 'appellant's contentions and the reasons for them,'" the circuit wrote.

The panel noted that it reviewed the record to ensure she did not have a meritorious appeal. See ruling.

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