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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Misrepresentations in Federal Circuit Court

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I am invovled in an appeal in a federal circuit court. Appellee's brief contains numerous misrepresentations of fact. For instance, the appeal of an order was intentionally misrepresented to the court. Appellee recites an order not before the court as I did not appeal the order, and represents it is the trial court's later disposition. It is not the later disposition, as the order concerns a separate similar motion. I did not appeal the order concerning the aforementioned. Appellee's brief has numerous similar misrepresentations. My question is....does Appellee's misrepresentations constitute misconduct and lack of candor to a court which is subject to sanctions? If so, I wish to state this in my Reply Brief.
Whether the appellee's statements constitute misconduct and lack of candor generally depends on whether the misrepresentations are of material facts to the appellate court's decision making process. Tread carefully when accusing an opponent of such things, as generally they are not well received arguments and rarely bring about sanctions from the court. Instead of requesting sanctions, in your reply brief you simply need to point out the misrepresentations, call them misrepresentations, lay out the truth, and then say this is why the court should doubt the entire argument of the appellee and grant your appeal.

Best of luck,
Zachary D. Norris
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