September 25, 2020 - Federal Circuit Insights

Federal Circuitry: Brief Insights (September 25, 2020)

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).