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When the Courts Save Parties from Themselves: A Practitioners Guide to the Federal Circuit and the Court of International Trade * Melissa M. Devine I. Introduction 1Federal courts frequently refuse
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6 A lawyer should always first consult with the Court of Federal Claims. 7 The article is intended as personal advice and does not necessarily reflect the views of the Department of Justice. 8 See pages 6-7, supra. 9 See page 7, supra. 10 This article summarizes three federal court opinions that address the same issue, written by attorneys with very different backgrounds but with overlapping knowledge. The decisions may serve as a guide for federal district courts to consider issues not previously addressed by parties or by the parties themselves. 11 See page 25, supra, for an overview of the cases discussed in this article. 12 See page 26, supra, for more detailed information. 13 See page 26, supra, for more detailed information. 14 In some instances, parties make an express waiver of their rights to notice. To be eligible, a waiver must also be based on a formal legal procedure (see Federal Rules of Civil Procedure 1-16, and Federal Rule of Civil Procedure 3). Also see chapter 11.

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