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Category: Briefing
D.C. Circuit continues its war on acronyms
Last week, the D.C. Circuit revived the claims of victims of terrorist attacks in Iraq against U.S. drug companies and their foreign suppliers, who allegedly …
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, …
D.C. Circuit opinion illustrates the value of illustrations
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 …
It’s arbitrary and capricious to use the phrase “red herring”
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. …
Expressing outrage in briefs
“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 …
The power of (strategic) concessions
A decision of the D.C. Circuit this past week shows the power of strategic concessions. The case involved a federal rule mandating shutoff valves in …
