What could the new President mean for Federal Circuit practitioners? It could mean new judges. While no vacancies arose during President Trump’s term, five of the Circuit’s active judges can take senior status at any time, because they meet “the rule of 80” (which …›
In this latest MoFo Perspectives podcast, MoFo appellate co-chairs Deanne Maynard and Joe Palmore speak on why the Biden Administration might change the government’s positions before the Supreme Court—and why it might not. This could matter to Federal Circuit practitioners, as the government participates …›
Below is an excerpt from one of Morrison & Foerster’s blogs, Government Contracts, where our lawyers offer a real-time assessment of the statutory, regulatory, legal, and business-related developments and trends that are shaping the industry. The blog’s regularly-published Insights provide an in-depth analysis of …›
As many readers know, the Supreme Court just granted a petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc. The case asks the Supreme Court to abolish the doctrine of assignor estoppel. But the Supreme Court also passed on a cross-petition in the …›
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, 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. …›
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 …›
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 …›
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 …›
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 Social Security …›