USA Law and Practice Contributed by: Mark Haskell and Lamiya Rahman, Blank Rome, LLP
standing power to veto legislation with which they may disagree. 13.3 Mandating Government Action Through Court Orders US courts generally will remand cases to agen - cies for further consideration of what an appro - priate remedial action would be. Directing a ver - dict on remand is not a usual practice, at least in federal law. Agency action that is unreasonably delayed or that fails to respond to issues iden - tified by a court could in theory prompt more tailored actions on remand. In extraordinary cir - cumstances, federal appellate courts may issue writs of mandamus under the All Writs Act, 28 USC Section 1651(a). 13.4 Next Steps Where a Decision Is Found Unlawful See 13.3 Mandating Government Action Through Court Orders . 14. Costs 14.1 Mechanisms to Protect Claimants From Excessive Costs In practical terms there are no meaningful mech - anisms that will protect claimants from exces - sive costs, particularly in connection with larger
• Voting Rights Act; and • Civil Rights Fees Act. 14.3 Wasted Costs
An attorney who unreasonably and vexatiously files multiple proceedings can be sanctioned under 28 USC Section 1927. In addition, truly improper and unreasonable conduct may be subject to a request for sanctions under Federal Rule of Civil Procedure 11.
15. Appeals 15.1 Right to Appeal
A US district court decision issued by a federal court of appeals can be appealed to the circuit court of appeals having jurisdiction over the district court. A circuit court of appeals deci - sion on judicial review of agency action may be appealed to the US Supreme Court. State pro - cedures vary widely. 15.2 Appeal Forums See 15.1 Right to Appeal . 15.3 Permission to Appeal Permission to appeal need not be obtained from a lower court other than for interlocutory (ie, non- final) appeals. 15.4 Rehearing of Appeal? An appeal from a US district court is taken to a circuit court of appeals. The court of appeals decision generally is issued by a three-judge panel. A request for rehearing or rehearing en banc can be filed at the circuit court level. Such filings are rarely granted. The next and last step in the review process is a petition for certiorari to the US Supreme Court.
scale government investigations. 14.2 Public Interest Costs
Courts have discretion to depart from “loser pays” arrangements in public interest cases. The following all provide for some degree of legal fee shifting if a party prevails in litigation:
• Freedom of Information Act; • Equal Access to Justice Act; • Clean Air Act;
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