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. …
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 …
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. …
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, …
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 …
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 …
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 …
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 …
A decision today involving Nigeria reveals the D.C. Circuit’s view of on-point unpublished opinions.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. …
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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