Category: Court
D.C. Circuit divides again on finality of orders dismissing complaints without prejudice
February 10, 2021
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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 …
D.C. Circuit puts Garamond font on the naughty list
March 18, 2021
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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 …
Can defendants waive a cause of action into existence?
February 11, 2022
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No, but in the most bananas case we’ve seen in a long time, the appellees tried to do just that. The weirdness starts with the …
The D.C. Circuit’s (exceedingly low) view of unpublished opinions
March 11, 2022
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A decision today involving Nigeria reveals the D.C. Circuit’s view of on-point unpublished opinions. Process and Indus. Dev. Ltd. v. Fed. Republic of Nigeria (No. …