Menu
Author: JurisPage
D.C. Circuit rejects hospitals’ challenge to Trump Administration rule
As readers will recall, a broad collection of hospitals, led by the American Hospital Association, challenged the Trump Administration’s interpretation of the Affordable Care Act’s ...
Read More → 
D.C. Circuit divides again on finality of orders dismissing complaints without prejudice
If a district court dismisses a complaint in its entirety and closes the case, is the order final and appealable? Not necessarily, a panel of ...
Read More → 
D.C. Circuit puts Garamond font on the naughty list
Without formally banning it, the D.C. Circuit has announced that wise lawyers will forgo using Garamond font: Federal Rule of Appellate Procedure 32(a)(5) requires courts ...
Read More → 
“We must give effect to the specific over the general”
If you’re a litigator, you’ve probably invoked the specific-controls-the-general canon at one time or another. Whether you’ve prevailed with that argument is another question; it ...
Read More → 
Can an agency make a decision nonfinal by calling compliance voluntary?
Not if voluntary really means mandatory, said the D.C. Circuit this week. No. 19-1248, Spirit Airlines, Inc. v. U.S. Dep’t of Transp. (May 21, 2021). ...
Read More → 
“Breeding closely related iguanas is not a good idea”
So held a panel of the D.C. Circuit on Friday. Well, to be precise, the panel held that this intriguing determination of the U.S. Fish and ...
Read More → 
A little-noticed recent article by new D.C. Circuit judge Brown Jackson
Today, Ketanji Brown Jackson was confirmed as a judge on the D.C. Circuit by the U.S. Senate. You probably know that Judge Brown Jackson sat ...
Read More → 
“That answer is not acceptable in this court ever.”
Recently, during an oral argument in the D.C. Circuit, counsel (who shall remain nameless) attempted to do what appellate practitioners call “fighting the hypo.” Chief ...
Read More → 
D.C. Circuit finds lack of substantial evidence—again
Courts rarely hold that agency decisions lack substantial evidence. Or so goes the conventional wisdom. And there’s something to it—see, for example, our recent post ...
Read More → 
D.C. Circuit issues (unintentionally?) dueling rulings on whether the finality of agency actions is jurisdictional
It’s common for the D.C. Circuit to say that the finality of agency action is not jurisdictional. For example, it did so just last month—and ...
Read More → 