Benchslap Of The Day: Hot Stuff Gets A Sick Burn

A lesson in what NOT to do when filing a reply brief.

Hot Stuff devoted less than six pages to the cross appeal in its initial brief, then filed a twenty-three page Reply Brief vastly expanding its arguments on this issue. We deplore this kind of appellate sandbagging and would have been inclined to strike the Reply Brief had we been asked to do so.

— Judge James B. Loken (8th Cir.), chastising counsel for Hot Stuff Foods LLC in an opinion issued yesterday.

Sponsored