The Federal Circuit’s Reliance on One-Word Affirmances Under Rule 36: Is it Lawful?

The Federal Circuit’s first Chief Judge, the Honorable Howard T. Markey, announced, “In our Court there will be an opinion explaining enough to tell you what the law is in every case.” He added, “We do not just render a one-worded decision and go away.” In recent years, however, the Federal Circuit has routinely issued one-word “judgment[s] of affirmance without opinion” under Federal Circuit Rule 36(a), saying only “AFFIRMED” rather than issuing an opinion. Is this practice lawful? Do the benefits of Rule 36’s benefits outweigh its costs? Join this FedSoc Forum for a lively debate on these questions.
Featuring:

Joseph Cianfrani, Partner, Friedland Cianfrani LLP
Amit R. Vora, Special Counsel, Kasowitz Benson Torres
Moderator: Robert J. Rando, Partner, Greenspoon Marder LLP

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