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Author: JurisPage
Expressing outrage in briefs
“Can’t our brief express more outrage?” It’s a common client question. We lawyers ask it too. Who among us hasn’t been tempted to start a …
Before you call the clerk’s office: Have you checked the Handbook?
Often we post on this blog about court opinions. But today we’re making a public service announcement: Before you call the clerk’s office with a …
Florence Pan nominated to D.C. Circuit
Today the president announced that he’s picked someone to fill the seat soon to be vacated by Ketanji Brown-Jackson, who has been confirmed as a …
Deciding whether to take a precautionary appeal
A new decision from the D.C. Circuit illustrates the challenge litigants face when an agency stubbornly refuses to change its mind. Nostrum Pharms ., LLC …
How far afield may amici go?
In a decision issued today, the court rejected an argument in an amicus brief because it was not made by the parties: Several environmental, community, …
Supreme Court sides with D.C. Circuit on arbitration waivers
In case you missed it, before its recent Term ended, the Supreme Court sided with the D.C. Circuit in an important case about arbitration clauses. …
D.C. Circuit opinion illustrates the value of illustrations
Highlighting the value courts place on simple illustrations, the D.C. Circuit last week relied repeatedly in a published opinion on a homespun illustration offered by …
It’s arbitrary and capricious to use the phrase “red herring”
So held the D.C. Circuit today. We overstate matters only slightly. The question in The Case of the Red Herring—technically captioned Everport Terminal Services, Inc. …
D.C. Circuit nominee Bradley Garcia to be considered by full Senate
The Senate Judiciary Committee today reported D.C. Circuit nominee Bradley Garcia to the full Senate. Garcia is 36 years old. If confirmed, he would be …
D.C. Circuit Judge Laurence Silberman dies at 86
The biggest news at the court this fall so far has not been a decision—the court is enjoying its usual post-summer lull—but the death of …
