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Expert Analysis

Emulex Highlights Greater Scrutiny Of Issues At High Court

By Serena Hallowell, Corban Rhodes and Anna Menkova (April 25, 2019, 3:06 PM EDT) -- On Tuesday, the U.S. Supreme Court surprised many observers by dismissing an appeal in the Emulex Corp. v. Varjabedian matter as improvidently granted. While the court's order did not elaborate on the reasons for its dismissal, questioning from several justices during oral argument, as well as a recent dissent by Justice Samuel Alito under similar circumstances, imply that the court may have been irked by a dramatic shift in focus between the petition for writ of certiorari and the issue ultimately presented to the court.[1]...

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