Starting 2021 With a Tip
- We decided to start the new year off with a little practice pointer. We noticed that the Court rejected a brief today (not ours) for failing to comply with several rules. One basis for the rejection is a rule that often is overlooked—the location... ›
We Updated Our Stats and Looked at the Timing of Appeals
By: Brian R. MatsuiWe updated our stats , so we now have over a year of data since we started collecting data from every Federal Circuit decision. As such, we thought we might take a look at some of the timing data on Federal Circuit appeals. As... ›
No Argument, No Opinion—a Quick Look at Unargued Rule 36 Decisions During the Pandemic
By: Brian R. MatsuiLast week, Seth Lloyd and I noticed that there had been two more Rule 36s in appeals without oral argument from the Federal Circuit’s November sitting ( here ). And then yesterday, Bloomberg’s Perry Cooper tweeted that two more Rule 36s were handed down from... ›
Orders of Interest Roundup, Arthrex Style
By: Seth W. LloydAt Federal Circuitry blog, we like to check in once in a while on what the Federal Circuit is doing in its orders that don’t get posted on the public website. Those orders often offer nuggets about practice at the Federal Circuit and sometimes... ›
Healthcare, Biologics, and Severability: Will the ACA—and the BPCIA—Survive the Latest Challenge?
By: Joseph R. PalmoreI was counsel of record on an amicus brief in California v. Texas for four law professors arguing that even if the Affordable Care Act’s individual mandate is unconstitutional, it can be severed from the rest of the statute. This post states my own... ›
What Does the Supreme Court’s Grant in Two Social Security Cases Have to Do With Arthrex?
By: Brian R. Matsui and Seth W. LloydAs readers know, we have written about Arthrex a lot. So what better way to start Monday than another short post? Today, the Supreme Court granted cert. in Carr v. Saul , No. 19-1442, and Davis v. Saul , No. 20-105—two cases involving the... ›
Who Wins, Who Loses Revisited
By: Brian R. MatsuiAt Federal Circuitry, we frequently update our statistics. We now have almost a year’s worth of data since we started our project of collecting every Federal Circuit decision and collating all of the Court’s substantive orders. In a post in July , I took... ›
Supreme Court to Review Arthrex: Big Deal or Ho Hum?
By: Seth W. Lloyd and Brian R. MatsuiOver the past several months, we’ve looked at what Federal Circuit cases the Supreme Court has and hasn’t reviewed, and how often the Supreme Court agrees with each Federal Circuit judge. Today, we got another data point with our first grant of a Federal... ›
Federal Circuitry: Brief Insights (October 8, 2020)
By: Brian R. MatsuiIt’s court week at the Federal Circuit, so we decided to take a brief look at what cases had their arguments cancelled in October, and how that compares to previous months. To find out, watch our two-minute video above and take a peek at... ›
How the Federal Circuit (and Its Judges) Fare at the Supreme Court
By: Joseph R. PalmoreHow well do Federal Circuit decisions hold up at the Supreme Court? And which Federal Circuit judges have their votes most often affirmed? With the new Supreme Court term around the corner, we dove into a decade’s worth of data to find out. The... ›