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A blog on practice in the Nation’s second-most powerful court
The D.C. Circuit’s jurisdictional trap in agency appeals
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 …
D.C. Circuit releases deluge of published opinions
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 …
Major questions v. elephants in mouseholes
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 …
D.C. Circuit throws shade on legislative history and Chevron
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 …
The power of (strategic) concessions
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 …
Federal Circuit judge sues her fellow judges in D.C. district court
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. …
How many facts does a complaint need to survive?
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 …
D.C. Circuit rules on fail-safe classes and standards for 23(f) review
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 …
Criminal appeals in the D.C. Circuit versus other circuits
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 …
Party? Hardly.
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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