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Expert Analysis

How To Get To Federal Circuit Rule 36

Law360, New York ( July 29, 2015, 10:19 AM EDT) -- Under Federal Circuit Rule 36, the Federal Circuit may issue a judgment affirming the lower tribunal's decision without a written opinion. This is colloquially known as a "Rule 36 affirmance" or "summary affirmance." For appellees, it is often true that a pure affirmance is the goal, and a Rule 36 affirmance can be the most beneficial outcome. In this article, I offer background information on Rule 36 affirmances and tactics for appellees seeking to place themselves in the best positions to obtain Rule 36 affirmances....

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