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Supreme Court Dismisses Bait-and-Switch Between Petition and Brief - Appellate Practice News

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Appellate Practice News

Posted on: May 4, 2017

The United States Supreme Court dismissed two appeals set for oral argument because petitioners "persuaded [the court] to grant certiorari" on one issue but "chose to rely on a different argument" in their brief. The court sent a strong signal to attorneys to focus on the question the court agreed to hear.

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This article was submitted by Josh S. Tatum, Plews Shadley Racher & Braun LLP. If you would like to submit content or write an article for the Appellate Practice Section page, please email Kara Sikorski at


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