How to Not Impress the Apellate Judges

Y'know, I know I'm critical of some court rulings I've seen (just a few) and I might use some harsh words here but I just cannot picture putting these three titles on the sections of my appellate brief:

I. The District Court Altered Substantive Law In Concluding That The Class Meets Rule 23(a)'s Commonality And Typicality Requirements.

II. The District Court Eliminated Wal-Mart's Defenses And Otherwise Altered Substantive Law In Concluding That The Class Is Manageable

III. The District Court Altered Substantive Law By Failing To Recognize That Monetary Relief Plainly Predominates And Concluding That The Class Meets The Requirements of Rule 23(b)(2)

I've got to agree with S. Cotus that someone needs to learn a couple new verbs.