On June 5, the U.S. Supreme Court dismissed a writ of certiorari as improvidently granted, leaving unresolved a significant question regarding class-action certification under Federal Rule of Civil Procedure 23. The question...more
When you hear about an appellate decision, what comes to mind? Typically, I think of a formal “opinion”—at least when the appeal has been briefed on the merits. And historically, I have thought of an “order” as a short...more
On March 16, 2022, the Court of Appeals for the Federal Circuit denied Biogen’s petition for en banc review in Biogen International GmbH et al. v. Mylan Pharmaceuticals Inc. ("Petition Denial"), in which a Federal Circuit...more
An intriguing by-play between judges on the North Carolina Court of Appeals recently emerged into public view in the case of State v. Calvin Lee Miller. After shooting his wife, Miller was convicted of attempted...more
The Ninth Circuit Court of Appeals, which has federal appellate jurisdiction over a major portion of the western U.S., has something of a reputation as the most overturned federal appeals court circuit. While the truth of...more