Bite of the Apple.
Perhaps I enjoyed the court's tentative ruling (see January 9, 2007) about finding a worm in the proverbial apple because I employed a similar metaphor in an appellate brief I recently wrote, which is being argued this afternoon:
"In the Opening Brief's first two proffered errors (Opening Brief ["OB"], pp. 9, 11-18), [the other party] attempts to take yet another 'bite' of the proverbial 'apple.' Unfortunatly, [the party's] tired tirade has already been rejected by a succession of judicial officers over the nearly 10 year history of this lawsuit, including most importantly this Court in the First Appeal. In other words, there is no vestige of the 'apple' remaining, and [the other party] is chewing on seeds and stem."