Federal Circuitry

January 05, 2021 - Federal Circuit Insights
Starting 2021 With a Tip
By: Brian R. Matsui and Seth W. Lloyd
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
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December 15, 2020 - Federal Circuit Insights
We Updated Our Stats and Looked at the Timing of Appeals
By: Brian R. Matsui
We 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
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December 11, 2020 - Federal Circuit Insights
No Argument, No Opinion—a Quick Look at Unargued Rule 36 Decisions During the Pandemic
By: Brian R. Matsui
Last 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
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November 24, 2020 - Federal Circuit Insights
Orders of Interest Roundup, Arthrex Style
By: Seth W. Lloyd
At 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
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November 17, 2020 - Federal Circuit Insights
Healthcare, Biologics, and Severability: Will the ACA—and the BPCIA—Survive the Latest Challenge?
By: Joseph R. Palmore
I 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
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November 09, 2020 - Federal Circuit Insights
What Does the Supreme Court’s Grant in Two Social Security Cases Have to Do With Arthrex?
By: Brian R. Matsui and Seth W. Lloyd
As 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
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October 21, 2020 - Federal Circuit Insights
Who Wins, Who Loses Revisited
By: Brian R. Matsui
At 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
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October 13, 2020 - Federal Circuit Insights
Supreme Court to Review Arthrex: Big Deal or Ho Hum?
By: Seth W. Lloyd and Brian R. Matsui
Over 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
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October 08, 2020 - Federal Circuit Insights
Federal Circuitry: Brief Insights (October 8, 2020)
By: Brian R. Matsui
It’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
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September 30, 2020 - Federal Circuit Insights
How the Federal Circuit (and Its Judges) Fare at the Supreme Court
By: Joseph R. Palmore
How 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
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