DC Circuit Denies Sherrod Motion for Summary Affirmance

On the same day that the DC Circuit denied the motion to consolidate the appeal in 3M v. Davis with Sherrod v. Breitbart, it also denied Ms. Sherrod’s motion for summary affirmance, explaining that “[t]he merits of the parties’ positions are not so clear as to warrant summary action.” 

The day was not a total loss for Ms. Sherrod, however, as the Court ordered that
“the motion to dismiss be referred to the merits panel to which this case is assigned.”  Finally, while the motion to consolidate was denied, the Court has scheduled both cases for argument on the same date and before the same panel.  (It issued a similar order in 3M v. Davis).

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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