No. 21-158

Bobcar Media, LLC v. Aardvark Event Logistics, Inc.

Lower Court: Federal Circuit
Docketed: 2021-08-04
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure civil-procedure constitutional-rights due-process equal-protection federal-circuit rule-36 seventh-amendment
Key Terms:
AdministrativeLaw DueProcess Trademark Patent JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the Court should resolve the circuit split under Federal Rule of Appellate Procedure 36 and elucidate the constitutional and statutory boundaries of one-word affirmances

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the Court should resolve the circuit split under Federal Rule of Appellate Procedure 36 (wherein a minority of circuit courts issue judgments without any explanation of their decisions), and elucidate whether or not the use of one-word affirmances has constitutional and statutory boundaries. 2. Whether the Federal Circuit’s extensive use of its Rule 36, to enter judgments which extinguish constitutional rights and private property rights without any explanation, violates constitutional and statutory protections, principles of right and justice, and this Court’s supervisory authority. 3. Whether Federal Circuit Rule 36(a)(3) violates constitutional principles, such as the Seventh Amendment, Due Process, and Equal Protection, by authorizing panels to affirm summary judgment decisions denying jury trials, without any explanation whatsoever, and irrespective of the rules and rights in the circuit from which the case was appealed.

Docket Entries

2021-10-04
Petition DENIED.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-09-02
Waiver of right of respondent Aardvark Event Logistics, Inc. to respond filed.
2021-08-02
Petition for a writ of certiorari filed. (Response due September 3, 2021)

Attorneys

Aardvark Event Logistics, Inc.
Evan LechtmanBlank Rome LLP, Respondent
Evan LechtmanBlank Rome LLP, Respondent
Bobcar Media, LLC
Morris E. CohenGoldberg Cohen LLP, Petitioner
Morris E. CohenGoldberg Cohen LLP, Petitioner