Commercial Litigation and Arbitration

September 25, 2011

From EP Acquisition Corp. v. Maxxtrade, Inc., 2011 U.S. Dist. LEXIS 103715 (E.D. Ky. Sept. 14, 2011): The Sixth Circuit has consistently condemned arguments raised for the first time in reply briefs. See Seay v. Tennessee Valley Authority, 339 F.3d 454, 481 (6th Cir. 2003) (new arguments in a reply brief vitiate a nonmovant's ability t ...
From EP Acquisition Corp. v. Maxxtrade, Inc., 2011 U.S. Dist. LEXIS 103715 (E.D. Ky. Sept. 14, 2011): The Sixth Circuit has consistently condemned arguments raised for the first time in reply briefs. See Seay v. Tennessee Valley Authority, 339 F.3d…

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