Switched from boilerplate motions to custom opposition briefs last quarter

Used to just copy-paste our standard denial language for shareholder derivative suits. After we got hammered on a ruling in Delaware Chancery back in March, now I draft every opposition fresh from the case law. Anyone else see better results with tailored arguments versus templates?

2 comments

2 Comments

karenm491mo ago

Does your judge actually read opposition briefs or just skim headings?

lucas4981mo ago

Judge Miller in the Northern District of Illinois definitely reads everything, not just the headings lol. One time my co-counsel wrote a 40 page opposition and the judge cited a footnote on page 38 about a completely random procedural point in their order. It was brutal but honestly kind of impressive too. So yeah @karenm49 mileage really varies by judge. Some of them are just scanning for the main argument and calling it a day, but the thorough ones make you regret every wasted word.