Federal Circuit Continues (And Even Expands) is Program of No-Opinion-Judgments

by Dennis Crouch

The Federal Circuit carries on to aggressively difficulties R.36 No-Impression Judgments as a system for more effectively choosing appeals.

I was on the lookout ahead to the final result in an intriguing Gov’t vs Gov’t takings situation — Mississippi County, Missouri vs. United states of america.  Having said that, rather than issuing an belief, the courtroom just affirmed-with no-belief as permitted under Federal Circuit Nearby Rule 36.

No Impression & No Oral Arguments: The oddity of the court’s action in this article is that it bucks what I thought was a longstanding inner rule founded by Judge Prosperous of only issuing R.36 judgments in circumstances with oral arguments.  The notion with the rule apparently is that the parties ought to have an chance to obtain some responses and discussion from the courtroom — at minimum possibly oral arguments or an belief.   In Mississippi County, the courtroom issued the R.36 judgment with no belief and with no initial keeping oral arguments.  I have not absent back to the records to see the extent that this exercise has been ongoing.

In my check out, the court’s new strategy does not violate any constitutional suitable or statutory necessity.  It is, on the other hand, a phase in the improper direction.

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In Mississippi County, the US Corps of Engineers (and its contractors) operated huge equipment carrying masses of clay and rocks over Mississippi County streets.  The procedure resulted in the want for in depth and expensive repairs – though apparently did not make the streets entirely impassible.  (E.g., crushing the concrete highway — but hey, you can push on gravel).   The Courtroom of Federal Promises dismissed the ensuing lawsuit on the pleadings — keeping that the alleged partial injury was insufficient as a subject of law to consequence in a taking.

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Dennis Crouch


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