6th Circuit Won't Transfer Net Neutrality Appeal to D.C. Circuit
The 6th U.S. Circuit Appeals Court Friday rejected an FCC motion to move the net neutrality appeal to the D.C. Circuit (see 2406240027). “When considering a motion to transfer a multi-circuit petition, we give considerable weight to our selection in…
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the lottery,” the court said in docket 24-7000. “That lottery system would not mean much if a party disappointed by the luck of the draw could transfer the case to its preferred forum.” The case doesn’t present any of the “unusual circumstances requiring transfer,” the order said. Eleven petitions for review were filed in seven circuits, the court said. “All but one of the petitioners oppose transfer,” it said: “The D.C. Circuit has some familiarity with the legal classification of broadband through its consideration of prior FCC orders. But the FCC’s vacillating positions on the proper classification of broadband demonstrate that the prior orders do not represent the staggered implementation of a single undertaking.”