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In a long-awaited decision, on May 30, 2023, the U.S. Court of Appeals for the Second Circuit rendered its opinion in the Purdue Pharma bankruptcy case and affirmed the permissibility of nonconsensual third-party releases in bankruptcy plans under appropriate circumstances.
Always focus on why your side is right, rather than on why the other side is wrong. When crafting your argument, put yourself in the judges position. Look for the weaknesses in your argument, anticipate the questions judges might ask, and plan responses that transition to the merits of your position.
The United States Court of Appeals for the Second Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.
The judges may interrupt you (and the other side) to ask questions about your case and authorities (published court decisions, constitutions, statutes, court rules or other legal authorities) that you cited or should have cited. Stay calm and respectful, even if you get frustrated or are interrupted.
Preparing and Delivering Oral Argument Clarify issues. Clarify factual and legal points. Clarify the scope of claims. Examine the logic of claims. Examine the practical impact of claims. Lobby for or against particular positions.
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The Debate Speech Formally greet the chairperson and the audience. In the introduction make clear reference to the definition and topic of the debate. In the body make *three points to support the thesis statement. Refute your opponents argument forcefully.
If no party wants oral argument, the case will be decided on the basis of the written briefs. If you want oral argument, you must appear in Court on the date set by the Court for oral argument. The Court may determine to decide a case without oral argument even if the parties request it.
During oral argument, lawyers argue their case by answering questions from the bench, as justices who have carefully studied the case ponder aloud complex legal arguments. The justices examine previous court cases to clarify what the law states. They keep in mind how their decision could affect future cases.

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