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Source Persuasive Brief Persuasive Brief Matched to this deck.

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The Library contains one case supporting the client's requested injunction and another denying similar relief where the plaintiff protected only public customer identities. The opposing party will rely on the adverse case.
How should the persuasive brief use the adverse case?

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Distinguish the adverse case using material differences in facts, legal standard, or procedural posture while explaining why the favorable authority better fits the record. Ignore the adverse case because citing it would weaken the client's brief. Quote both cases at length and let the court decide which one matters. Misstate the adverse case so it appears harmless.

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