Counter-Counter-Counter-Designations

Will and Dan record a rare live show in an unusual venue: the Salamander Resort in Middleburg, Virginia, at the annual attorney retreat for trial boutique Wilkinson Stekloff . Dan teaches Will some of the new lingo he's learned from the firm's trial experts before a deep dive into civil procedure. First, we dig into the recently argued Coney Island Auto Parts Unlimited v. Burton , which presents a seemingly easy legal question and harder questions about SCOTUS advocacy and ethics. Then we look back at last Term's LabCorp v. Davis , which the Court DIG'd but which raises some fundamental questions about class action litigation that the Court is likely to revisit down the road.

You can listen to Counter-Counter-Counter-Designations online on Radio and Podcast. Open the player on this page to stream the available audio.

Counter-Counter-Counter-Designations is an episode from Divided Argument by Will Baude & Dan Epps.

This episode is 00:55:24 long.

This episode was published on Nov 20, 2025.

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