How To Take Advantage Of New Fed. Circ. Brief Structure

Law360, New York (January 8, 2014, 12:54 PM EST) -- On Dec. 1, 2013, the U.S. Court of Appeals for the Federal Circuit amended its rules governing the content and organization of appeal briefs. The change to Federal Circuit Rule 28 is a conforming amendment in response to a corresponding amendment to the Federal Rules of Appellate Procedure (“FRAP”) put into effect on the same day. The changes to FRAP 28 and Federal Circuit Rule 28 eliminate the requirement that a brief contain separate sections titled “Statement of the Case” and “Statement of the Facts.”

The amended rule applies to all pending appeals. Thus, if a party filed an appeal before...

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