Case Study: Damasco V. Clearwire

Law360, New York (January 3, 2012, 12:25 PM EST) -- Our law professors reminded us repeatedly to understand the procedural context of the cases that we were studying. It was a good lesson. There are some cases that cannot be understood absent a fine consideration of the procedural context of the case.

We were also taught, however, that lawyers should avoid, where possible, arguing for the “form” of the case or procedure over the “substance” which was dependent upon the facts and what the law was trying to achieve. Elevating form over substance by lawyers was...
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