...except that it is totally wrong. The defense did not have to file a Notice of Cross-Appeal to raise new grounds, because an appellate court has the power to affirm a judgment of dismissal on any ground found in the record, even if it was not the ground relied upon by the trial court. (In other words, if the trial judge reached the right result for the wrong reasons, the Court of Appeals must still affirm.) Perkins Coie did nothing more than raise additional arguments why the district court's dismissal of the suit was proper.
You don’t seem to have read what was said very accurately. Your assertion is incorrect.
Yeah, well, there is that aspect to it. However, I was inclined to be somewhat lenient in my remarks, finding it somewhat more coherent than a certain Russian Lady Dentist's pleadings.