Appellate Law News and Insights

Last month, my colleague JP. Diener wrote an excellent article here outlining many considerations that a litigant must review before pursuing an appeal. As he noted, an appeal does not allow a claimant to fully re-argue the case or present new evidence. It is not the proverbial second bite at the apple....

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You lost your job, and then you lost your security clearance. What next? Losing a security clearance can derail a federal career, especially if that clearance is revoked after you're no longer employed. Many previously cleared individuals assume that once you're out of a job, your right to challenge a...

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On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board ("NLRB" or the "NLRB") proceedings against SpaceX and two other companies while they litigate the constitutionality of NLRB removal protections. In its holding, the court concluded that the for-cause...

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