Motions
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Wayne Schiess offers excellent advice about writing to a trial judge:
Judge Gerald Lebovits argues that CRARC is a better, more persuasively organized format for advocacy writing than predictive writing forms, such as IRAC (or CREAC). Read his article closely. You will likely see more CRARC-style writing in advocacy than CREAC (for analysis). So it is important to learn both.
Context: This motion was filed by attorneys representing Meta (formerly Facebook), another company, and Mark Zuckerberg in a case before the Federal Trade Commission. According to the FTC's website, the FTC "authorized an administrative complaint against the proposed merger between virtual reality (VR) giant Meta and Within Unlimited, the VR studio that markets Supernatural, a leading VR fitness app. [. . . ] Meta sells the most widely used VR headset, operates a widely used VR app store, and already owns many popular VR apps. The agency alleges that Meta’s proposed acquisition of Within would harm competition and dampen innovation in the U.S. markets for fitness and dedicated-fitness VR apps." This motion seeks to exclude the expert testimony of one of the FTC's expert witnesses.
This is another FTC case, this time against Intuit, Inc. which makes the popular tax software TurboTax. The FTC claims that Intuit misleadingly advertised "free" tax filing software as widely available, but that around two-thirds of tax filers were not eligible for the free option. This motion seeks to disqualify the chair of the panel of administrative law judges assigned to the case for allegedly being biased against Intuit.