Opposing counsel in one of our wheelchair access cases complains that our refusal to recite their position in our brief deprives the defendant — a multinational chain of fast food* restaurants — of its “right to due process.”
I’m thinking of putting them in touch with a client of ours with a due process claim: an inmate with mental illness who has been in solitary confinement for 10 years based on a system of secret demerits that he has no effective way to challenge.
This has been another episode of Stupid Opposing Counsel Tricks.
* Sorry, “quick serve.” Commercial correctness, I guess!
Thought Snax 
That’s how you game the litigation, right? After all, no judge wants to have ALL their rulings go against one party, so make certain that you make a lot of claims that the judge will rule against, so that at some point, the judge stops ruling against you and you can get the important things to go your way.
And I think that definition of due process was contained in the “Lost Federalist Papers,” the mysteriously missing volumes of Alexander Hamilton’s explication of the new Constitution–and the basis for the next Dan Brown novel!
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So true. I’m convinced a lot of defendants act like big babies so the judge will just get sick of dealing with the case, which generally serves their interests.
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