Don’t Just Ignore the Arguments Against You

From American Bank v. City of Menasha (7th Cir. Nov. 29) (Posner, J.), discussed in the post below:

American Bank was a named plaintiff in the class action suit, and less than two weeks after the suit was filed it submitted a request to the City, pursuant to Wisconsin’s Public Records Law, Wis. Stat. §§ 19.31-.39, to inspect a large number of records, specified in the request, relating to the conversion project. (In an example of silly, and indeed unprofessional, advocacy, Menasha’s brief neither cites nor mentions the public-records law, as if there were no legal basis for American Bank’s insisting on compliance with the request and as if therefore the stay granted by the district court did not preempt a state law.)

A helpful lesson about advocacy, it seems to me.