Category: Jurisdiction

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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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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Administrative law

Can an agency un-moot a case by announcing a new rulemaking?

A new D.C. Circuit decision begins with this “well-settled principle”: “when an agency has rescinded and replaced a challenged regulation, litigation over the legality of …

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Jurisdiction

Supreme Court sides with D.C. Circuit on arbitration waivers

In case you missed it, before its recent Term ended, the Supreme Court sided with the D.C. Circuit in an important case about arbitration clauses. …

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