Today, I am preparing at work for my oral argument in Albany tomorrow. This involves about 6 hours in round trip travel, from NYC to Albany and back, about 2 hours of waiting after I arrive in Albany, and the same before my train back to NYC leaves (assuming it doesn't get cancelled and I have to wait an additional hour). All so I can stand up before the judicial panel for 5 minutes. The total argument time is 20 minutes (10 for appellant, 5 for me and 5 for the other respondent). Currently, if I am not asked any questions, my argument runs 8-9 minutes. So, I really need to significantly cut it down instead of trying to speak a mile-a-minute. I will have a couple of colleagues do a moot court (practice) this afternoon. The case itself isn't a tough one, or, at least, it shouldn't be. Unfortunately, the agency that wrote the decision did so in a purposefully fucked-up manner in the hopes that they will be reversed. The reason being is that there is a legal doctrine called collateral estoppel. This basically means that if an issue was necessarily decided in a prior forum/case, in the interests of judicial economy, the losing party is subsequently bound from relitigating that issue. The agency seems to not want to be bound by decisions of other agencies or arbitrators, so they wrote a decision that was designed to encourage this appeal in the hopes that the Court will collectively slap itself upside the head and reverse centuries of jurisprudence. What they really should do is ask the legislature to draft a law that says arbitration decisions are not binding at unemployment hearings (there is a similar law that works in reverse - unemployment decisions are not binding on other agencies/courts in subsequent litigation). Jerks.
The Chairman (who wrote the decision) asked if it would be OK if he sat in on the argument, but, would understand if I didn't want him to. I surprised him by saying that I had no problem w/ it. In fact, I would enjoy him watching while I told the Court that they should ignore all the dicta (extraneous statements that do not go to the actual facts or opinion of the case) in the decision, and can even tell the agency not to write this type of decision again. Of course, today I get the word that he has decided not to show up. His bluff called, he folded like a cheap suit. Ass.
Edited b/c "now" and "not" are different words, and for other grammatical errors.