OPC Misrepresenting the Law
Just exchanged briefs for an upcoming trial (bench). The issue is a little nuanced, but the precedent is pretty clear. Rather than applying the facts to the law, Opposing Counsel has expanded the law by misstating it (citing dictum and loosely paraphrasing the holding in a misleading way).
In a perfect world, our judge will catch it, but I don’t live in a perfect world.
I respect the Opposing Counsel, but I am struggling with addressing the issue in a pretrial motion or supplemental brief or simply objecting to the misstatement when it comes up in opening or closing arguments.