Last week Federal Circuitry discussed injunctions and stays pending appeal (or mandamus), and, at the end of the week, an interesting mandamus order addressing a challenge to venue in the Eastern District of Texas was released. In the mandamus petition, the petitioner also sought a stay of the district court proceedings, which was denied as moot when mandamus was denied. That denial means that parties seeking stays pending appellate proceedings now have a 9% success rate. Of course, one could quibble that the latest order shouldn’t count as a true stay denial, as the Court didn’t even need to reach the issue. But we can leave that esoteric debate for another day. Take a look below at our quick take on injunctions and stays pending appeal, and our longer post about them here (also check out our post about the mandamus order here).
Federal Circuitry: Brief Insights (September 25, 2020)
By: Brian R. Matsui