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Author: JurisPage
Expressing outrage in briefs
January 25, 2023 No Comments
“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 ...
Read More → Before you call the clerk’s office: Have you checked the Handbook?
May 20, 2022 No Comments
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 ...
Read More → Florence Pan nominated to D.C. Circuit
May 25, 2022 No Comments
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 ...
Read More → Deciding whether to take a precautionary appeal
June 3, 2022 No Comments
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 ...
Read More → How far afield may amici go?
June 14, 2022 No Comments
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, ...
Read More → Supreme Court sides with D.C. Circuit on arbitration waivers
July 5, 2022 No Comments
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. ...
Read More → D.C. Circuit opinion illustrates the value of illustrations
August 1, 2022 No Comments
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 ...
Read More → It’s arbitrary and capricious to use the phrase “red herring”
August 26, 2022 No Comments
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. ...
Read More → D.C. Circuit nominee Bradley Garcia to be considered by full Senate
September 15, 2022 No Comments
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 ...
Read More → D.C. Circuit Judge Laurence Silberman dies at 86
October 3, 2022 No Comments
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 ...
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