March 31, 2021 Adventures in the Law

Sometimes It’s How You Say It That Counts

Read in isolation, attorney Todd Bank's statement to the court is innocent and inoffensive. If anything, it appears complimentary, even fawning.

By Norm Tabler

In oral argument before a panel of the Second Circuit, Banks said of Judge Denny Chin, “I see you’ve read the briefs thoroughly.”

So why did Judge Chin and the rest of the panel react with such outrage, chastising Todd for disrespect, cutting off his argument, ruling that he had waived rebuttal, and ordering security to escort him from the courtroom?

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