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Category: Appellate procedure
Evading Creatively accommodating the D.C. Circuit’s word limits
November 25, 2020 No Comments
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 ...
Read More → Can an agency make a decision nonfinal by calling compliance voluntary?
May 24, 2021 No Comments
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”
June 7, 2021 No Comments
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 → D.C. Circuit finds lack of substantial evidence—again
August 10, 2021 No Comments
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
August 10, 2021 No Comments
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 → 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 → 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 → When is it too late to intervene on appeal?
December 19, 2022 No Comments
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. ...
Read More → D.C. Circuit offers little-known en banc shortcut
December 21, 2022 No Comments
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 ...
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