Dan Epps

And in a world where the court really doesn't grant very many cases to have multiple cases digged, I think is kind of embarrassing.

Well, so one of them I thought was more obviously going to be digged than the other. The one that I thought was very obviously very likely to be digged was this case, NVIDIA, which is these are both securities cases. NVIDIA was a case about kind of pleading standards in securities fraud litigation. And at the oral argument, it was kind of a heavy hitting oral argument.

Well, so one of them I thought was more obviously going to be digged than the other. The one that I thought was very obviously very likely to be digged was this case, NVIDIA, which is these are both securities cases. NVIDIA was a case about kind of pleading standards in securities fraud litigation. And at the oral argument, it was kind of a heavy hitting oral argument.

It was on the petitioner's side, the defendant in the case. NVIDIA and NVIDIA official. You had Neil Katyal, former acting SG, and on the respondents slash plaintiff side, you had a friend of the show, Deepak Gupta, who's one of the best plaintiff side litigators in the country and has argued before the court a bunch of times and has been able to piece together

It was on the petitioner's side, the defendant in the case. NVIDIA and NVIDIA official. You had Neil Katyal, former acting SG, and on the respondents slash plaintiff side, you had a friend of the show, Deepak Gupta, who's one of the best plaintiff side litigators in the country and has argued before the court a bunch of times and has been able to piece together

um some improbable victories uh in those cases because he's a very good lawyer and it just it it seemed it seemed to become clear just listening to the argument uh and you know without having gotten deep into the underlying legal issues on my part that the court was getting kind of frustrated that the dpac was not a dpac dpac was sort of saying yeah we you know

um some improbable victories uh in those cases because he's a very good lawyer and it just it it seemed it seemed to become clear just listening to the argument uh and you know without having gotten deep into the underlying legal issues on my part that the court was getting kind of frustrated that the dpac was not a dpac dpac was sort of saying yeah we you know

You know, we just think basically saying, you know, we think in this case, the allegations were sufficient. And the court was trying to press Katyal and trying to say, well, are you really taking this categorical position or not that you got us to grant cert on? At one point, Katyal kept saying, kept saying this thing, the complaint eats itself.

You know, we just think basically saying, you know, we think in this case, the allegations were sufficient. And the court was trying to press Katyal and trying to say, well, are you really taking this categorical position or not that you got us to grant cert on? At one point, Katyal kept saying, kept saying this thing, the complaint eats itself.

And at one point, this is kind of one of my favorite oral argument moments in a while. The chief justice says, I have just one question about an analogy. I've never heard the analogy, the complaint eats itself. What does that mean?

And at one point, this is kind of one of my favorite oral argument moments in a while. The chief justice says, I have just one question about an analogy. I've never heard the analogy, the complaint eats itself. What does that mean?

And then Katyal tries to basically explain, and I think he's just sort of saying like, you know, the allegations and the complaint don't really, you know, are kind of inconsistent with the theory. And then the chief says, okay, I'm not sure how that's eating itself, but I'll take your word.

And then Katyal tries to basically explain, and I think he's just sort of saying like, you know, the allegations and the complaint don't really, you know, are kind of inconsistent with the theory. And then the chief says, okay, I'm not sure how that's eating itself, but I'll take your word.

And, you know, that was sort of one of my signals that the argument wasn't going great for his side, the petitioner's side. So, you know, that one, I came out of listening to that one. I thought that one was very likely to get to get digged. And it was, although it was not the first case from that sitting to get digged.

And, you know, that was sort of one of my signals that the argument wasn't going great for his side, the petitioner's side. So, you know, that one, I came out of listening to that one. I thought that one was very likely to get to get digged. And it was, although it was not the first case from that sitting to get digged.

They also digged this other case, Facebook versus Amalgamated Bank, where the petitioner was aforementioned friend of the show, Kanan Shamigam. And this was basically a case about the kinds of risks, the kind of language that has to be disclosed on a particular corporate disclosure form. I don't know if you listened to that argument.

They also digged this other case, Facebook versus Amalgamated Bank, where the petitioner was aforementioned friend of the show, Kanan Shamigam. And this was basically a case about the kinds of risks, the kind of language that has to be disclosed on a particular corporate disclosure form. I don't know if you listened to that argument.

It wasn't as obvious to me that that was a clear dig from the argument. It did seem like it was another case where it was unclear. The court was trying to figure out, well, is there a categorical rule here? Or is this just a case that's where there's more agreement about what the rule should be and just disagreement about

It wasn't as obvious to me that that was a clear dig from the argument. It did seem like it was another case where it was unclear. The court was trying to figure out, well, is there a categorical rule here? Or is this just a case that's where there's more agreement about what the rule should be and just disagreement about

how that might shake out in this individual case yeah i got that sense but so the dig for that one came out first and my reaction was well i thought it was they were going to dig in nvidia not in facebook yeah i i discovered uh that wikipedia has a list this is really useful of all of the digs uh on the court since uh the 1989 term at least that purports to be a complete list Oh, that's amazing.