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How to Win a Case in One Line

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This is not a criminal case, but it's an example like few I have seen of how to write an appellate opinion.  The author here is Judge Ray Kethledge of the Sixth Circuit.  I've known Judge  Kethledge for years, and starting in August, one of my students from two years ago will be clerking for him.  The opinion, handed down today, is in this employment discrimination case.  Judge Kethledge's first line is:

"In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses."

For the EEOC, it was downhill from there.

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Did Kaplan recover costs on appeal?

This slap down of an obviously unmeritorious argument and highly questionable expert makes me think the EEOC's approach here was no different than some of the spurious ADA litigation. Make it expensive and others will know to settle.

Noting the hypocrisy right up front. That is a very nice tempting of the palate for what follows. Thoroughly enjoyable.

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