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Author: JurisPage
D.C. Circuit publishes higher percentage of opinions than any other circuit
The D.C. Circuit issues more unpublished opinions than published opinions. That’s true in all the federal circuits. What percentage of opinions are published? You can …
When is it too late to intervene on appeal?
Motions practice is rarer in circuit court than in district court. Still more rare in circuit court is motions practice that prompts a written opinion. …
D.C. Circuit offers little-known en banc shortcut
Published opinions this past week exposed a fierce dispute on the D.C. Circuit over whether to take a case en banc. Two judges thought for …
The danger of spontaneous concessions at argument
Two cases decided by the D.C. Circuit today show the gravity of concessions at oral argument. In one case, the court cited counsel’s concession as …
D.C. Circuit takes up Equal Rights Amendment
Was the Constitution amended? Roughly speaking, that’s the question the D.C. Circuit confronted today, in a case involving the Equal Rights Amendment or ERA. Believing …
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 …
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 …
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 …
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 …
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. …
