Fed. Circ. Backs PACER In Atty's Suit Over Opinion Fees

Law360 (June 15, 2020, 8:16 PM EDT) -- A Florida-based attorney seeking to slash PACER fees suffered another blow Monday when the Federal Circuit unanimously affirmed a district court's dismissal of his lawsuit alleging the government-run PACER system improperly charges users for viewing judges' opinions.

A two-page order issued by a three-judge panel offered no explanation for upholding U.S. District Judge Robert N. Scola Jr.'s June 2019 summary judgment order concluding that while the federal government must provide free access to court opinions, judges are free to decide what filings constitute an opinion.

The panel's decision comes less than two weeks after the judges heard oral arguments via teleconference in a...

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