District of Columbia Appeals 3M Decision to DC Circuit

The District of Columbia today filed its own notice of appeal of the federal district court’s decision earlier this month in 3M v. Boulter, holding that the statute is not applicable in federal court. Of course, the DC Attorney General had previously submitted a brief, arguing that the statute did not violate the Home Rule and could be applied in federal court. The federal district court did not reach the Home Rule argument because it held that the statute conflicted with Rules 12 and 56 and thus could not be applied in federal court.

I would expect that the Davis defendant’s appeal, filed last week, will be consolidated with the District of Columbia’s appeal, as both arise from the same district court case and challenge the same district court opinion and order.  See DC Circuit Handbook of Practice and Internal Procedures, § V.A (providing for consolidation for “all appeals and cross-appeals from the same district court judgment or order” and where the cases involve “the same, similar, or related issues”).

Leslie Machado

About: Leslie Machado

Mr. Machado counsels and advises a diverse range of clients on various areas of law. He is also an experienced litigator, having tried cases to verdict in state and federal courts. View all posts by Leslie Machado
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