Last Week in the Federal Circuit: Waiver and Constitutional Avoidance

Morrison & Foerster – The Federal Circuit issued just one precedential opinion last week.  But it’s an interesting one:  The Court exercised its discretion to reach (or rather, avoid) a constitutional issue not pressed or passed upon by the trial court.  Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.