Chief Judge Moore does not mince words — especially when she senses that a party is attempting to mislead her as to the record. I transcribed the following from recent oral arguments in Shure Incorporated v. ClearOne, Inc. This is a discussion between Chief Judge Moore and ClearOne’s attorney Christina V. Rayburn — discussing whether Shure’s briefing was frivolous.
Chief Judge Moore: Did you file a motion asking us to contemplate whether the brief as written [by Shure] was frivolous . . . given the clear inconsistencies between the brief and [Shure’s] statements to the district court?
Ms. Rayburn: We seriously considered it, your honor, but we chose not to.
Chief Judge Moore: Well, you can always do it after arguments.
Ms. Rayburn: Thank you your honor.