Category: Appellate procedure

Appellate procedure

Evading Creatively accommodating the D.C. Circuit’s word limits

Well, this is a new one—to us at least.  Four years ago, the Federal Rules of Appellate procedure lowered the number of words allowed in …

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Administrative law

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). …

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Administrative law

“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 …

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Appellate procedure

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 …

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Appellate procedure

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 …

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Appellate procedure

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 …

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Appellate procedure

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 …

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Appellate procedure

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, …

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