Tuesday, March 14, 2023

One-liners not so funny...

One-liners are back in the appellate news, and not the punny kind. Law360 has  High Court Again Asked To Review Fed. Circ.'s 1-Line Orders. The Federal Circuit Court of Appeals decides appeals using Rule 36: "A new petition to the high court alerted the justices that "in some years, the Federal Circuit affirmed over 50% of PTAB results using Rule 36; in 2022 it was about 43%.""

For more on this longstanding and controversial topic, see: Rebecca A. Lindhorst, Because I Said So: The Federal Circuit, the PTAB, and the Problem with Rule 36 Affirmances (2018) 69 Case W. Rsrv. L. Rev. 247 and Dennis D. Crouch, Wrongly Affirmed without Opinion (2017) 52 Wake Forest Law Review 561.