If you ever challenge federal agency actions, you’ll want to note a decision of the D.C. Circuit published last week. Everybody knows that, in federal …
Oral arguments ended in May, but the D.C. Circuit’s still churning out published rulings. Nine were issued this past week: a decision under the Internal …
Do you know the difference between the major-questions doctrine and the no-elephants-in-mouseholes principle? If you ever find yourself litigating against federal agencies, it’s a distinction …
Are you a litigator looking for a federal case that (a) rejects legislative history, or (b) frowns on applying Chevron deference in the face of …
A decision of the D.C. Circuit this past week shows the power of strategic concessions. The case involved a federal rule mandating shutoff valves in …
Yesterday, in federal district court in DC, Federal Circuit Judge Pauline Newman sued her fellow judges for trying to oust her from the Federal Circuit. …
It’s been a decade-plus since Twombly (2007) and Iqbal (2009), but courts are still fleshing out the answer to that question. This past week, the …
If you handle class actions, you’ll want to read the D.C. Circuit’s decision this past week on so-called fail-safe classes, a vexing topic that has …
The court issued one published opinion this past week, a decision reviewing a criminal sentence for bank fraud. No. 21-3053, United States v. Otunyo. The …
This week, the D.C. Circuit considered when a nonparty to a case can nonetheless appeal an order in the case. Answer: almost never. As the …
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