(I once actually caught OC quoting from a case as though it was the holding and not an internal quote from the prevailing party’s brief in the case below, which the appellate court was reversing)

There's a judge in DNM famous for very long opinions where he spends a long time summarizing the briefs and arguments, so it's something I have to watch out for a lot

As in, you worry OC might be quoting from those sections as authority? Or you worry the judge (my former boss) misquotes from the briefs?

I triple check citations by OC to make sure they're from the ruling instead of the parties' arguments! I've caught it a few times

Got it. Yes, that makes sense. I see how that’d be a risk.

👀

There is a bespoke version of this where you read very old #SCOTUS cases and don't realize that the Reporter used to summarize the parties' arguments before giving the Court's opinion.

Lol

Ohhhh I had this happen once with an OC, cited a case, directly on point for his argument...except when you flipped to the next page, first line, "We are not persuaded by this reasoning"