It’s judicial precedent now, from Judge J. Nicholas Ranjan (W.D. Pa.) in yesterday’s Multiple Energy Tech., LLC v. Under Armour, Inc., ready for use in arguments, on coffee mugs, etc. In the unlikely event that people are interested in the actual legal questions, here’s the introduction: There is no material dispute that Tom Brady is the GOAT. Part of his unparalleled success was due to his well-known but rather alternative nutrition, fitness, and recovery methods, which he helped to market more broadly as part of his company, TB12. One of these methods involved bioceramic powder, which is a substance that…

I wrote about the opinion July 7, when it was issued (see below). Just now, I saw the court issued an order stating, “A judge of this Court withholds issuance of the mandate inthis appeal.” As I read the Eleventh Circuit’s internal operating procedures, this likely means that an “active Eleventh Circuit judge” has indicated that “in the event the paneldeclines to grant rehearing, the judge requests that a poll be taken regarding en banc consideration.” This is unsurprising, given the 2-1 split on the panel and given the prominence of the case. And of course the indication of an up…

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