For ex, contrast our recent post about the "discretion of counsel" to disregard Mississippi court rules on the filing of briefs, vs. Judge Posner's opinion striking an appellate brief that violated the federal court rules. (Via.) The court also ruled for the appellee.
True, Posner finessed the issue:
The flagrancy of the violation in this case might well justify the dismissal of the appeal: let this be a warning. But in addition it is plain from the briefs that the appeal has no merit. To allow time for the appellants to file a compliant brief and the appellees to file a revised brief in response, and to reschedule oral argument, would merely delay the inevitable.Oral argument would've been worthwhile just to have Judge Posner look down at appellant's counsel and ask, "Does this Court look like a bitch?" in his best Samuel L. Jackson voice. Or, "did you see the sign outside this courthouse that said 'oversized briefs welcome'?"
The motion to file an oversized brief is denied and the judgment of the district court summarily AFFIRMED.