On September 1, 2017, the Committee submitted a letter in response to the Federal Circuit’s request for comments on proposed amendments to Circuit Rules 47.4
and 47.5.

The Federal Circuit’s proposed amendments to Circuit Rules 47.4 and 47.5 – requiring litigants to identify “any case . . . pending in this or any other court or agency” that will “directly affect or be directly affected” by litigation at the Federal Circuit – would potentially involve hundreds of affected agency proceedings and numerous court appeals. The burden imposed on private litigants to identify and report each such case to the Court is indeed significant, and rendered even more difficult when an “affected” case is in an early stage prior to the publication of a decision, when litigants are not parties to other “affected” cases, or when public records of the “affected” cases do not reveal issues in sufficient detail to comply with the Court’s proposed rules.

CSUSTL therefore asked the Court to delete the language “or agency” from the proposed amendments to Circuit Rule 47.4(a)(5) and Circuit Rule 47.5(b) and to reinstate the ability of parties to describe related cases in general terms.

Read the full letter here.

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