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APPELLATE &
      ETHICS BLOG

Welcome to our Appellate & Ethics Blog!

This blog will sometimes be scholarly, sometimes purely practical, and sometimes just musings by members of the firm on life in the appellate courts and on professional responsibility.

When we comment on cases, we do so with care, but you should always read the cases yourself before using them for any reason.

When one of us muses on matters, it may or may not reflect the innermost thoughts of the others. Feel free to ask.

If we talk about a case in which we represented a party, we’ll let you know it was ours.

We welcome suggestions, to a point, on relevant topics of interest and comments on the thoughts and suggestions we include on this blog.

But most of all, we hope that you learn from and enjoy these entries!

He, They and Brief Writing

As an appellate lawyer sitting at home being notified about once a day of another court order delaying an oral argument or extending the deadline to file a brief or motion, I turn my attention to issues I thought I would never find time for (like pondering the merits of ending a sentence with a preposition). So here goes one such issue. Consider the following sentence, “In modern times, a lawyer who wants to write a persuasive brief knows that he should not use “he”, except when he is referring specifically to a male, lest he offend.” Because both words and gender equity matter, you need to have a strategy for dealing with the three offending “he’s”. One strategy is to rewrite the whole sent

Top 10 Supreme Court Decisions of 2019

“Top” is a word of some ambiguity. One definition is the size of the newspaper headline the day after the decision came out. On that basis, Soto v. Bushmaster Firearms International, LLC, 331 Conn. 53, clearly is the #1 case of the year because it was front-page news in the New York Times. A 4-3 majority held that a lawsuit against the manufacturer of the firearm used in the Sandy Hook massacre survived a motion to dismiss based on a federal immunity statute. The significance of Soto for a more-run-of the-mill litigator, however, is the expansive interpretation of Connecticut Consumer Protection Law (CUTPA) for commercial advertising. A second headline producing case is Henning v. Commission

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