Litigation
Apr. 25, 2007
Measured Response
Focus Column - By Dylan B. Carp - A litigant responding to a petition asking a Supreme Court to review a case might want to persuade the court to yawn at the petition. But the respondent should not sleep on his own right to raise new issues.
By Dylan B. Carp
A litigant opposing a petition for review or certiorari at a Supreme Court hopes the court will refuse to hear the case and leave the underlying appellate opinion alone as good precedent. Therefore, the opponent's response to the petition "should persuade the court to lose interest in the case," as commentators have put it.
"A good answer should be like a 'st...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In