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A blog on practice in the Nation’s second-most powerful court
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. …
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 …
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. …
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, …
Deciding whether to take a precautionary appeal
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 …
Florence Pan nominated to D.C. Circuit
Today the president announced that he’s picked someone to fill the seat soon to be vacated by Ketanji Brown-Jackson, who has been confirmed as a …
Before you call the clerk’s office: Have you checked the Handbook?
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 …
The danger of spontaneous concessions at argument
Two cases decided by the D.C. Circuit today show the gravity of concessions at oral argument. In one case, the court cited counsel’s concession as …
The D.C. Circuit’s (exceedingly low) view of unpublished opinions
A decision today involving Nigeria reveals the D.C. Circuit’s view of on-point unpublished opinions.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. …
The limits of the “Congress knows how to say” canon
In cases involving statutory construction, someone often will say, “if Congress had wanted to say X it would have been easy enough to say X.” …
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