An opinion issued late last week by the Sixth Circuit began by saying “When a party comes to us with nine grounds for reversing the district court, that usually means there are none.” The opinion then went on to reject all the alleged grounds for appeal and to affirm the decision below.
It is general appellate practice wisdom that hurling numerous arguments at an appellate court, hoping that something will catch the court’s fancy, is a losing strategy. A Ninth Circuit judge previously advised appellate counsel to “Avoid too many issues in your briefs.” The Sixth Circuit has reminded us of that once again in this otherwise ordinary opinion.