Category: Briefing

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 …

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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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Briefing

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 …

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Briefing

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. …

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