Case Citator › Bowers v. National Collegiate Athletic Association

Bowers v. National Collegiate Athletic Association

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Third Circuit
Citation
475 F.3d 524
Decided
Confirmed treatments
1
Flagged citations read
30 of 30
Citing cases (total)
30
Treatment dates
2009
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Bowers v. National Collegiate Athletic Association was limited on an appellate procedure point. In Hoxha v. Holder, the Third Circuit declined to carry Bowers's rule about issues omitted from a federal appellate brief into appeals before the Board of Immigration Appeals.
More on how this was screened

Later courts continue to cite Bowers's disability discrimination and sovereign immunity rulings. All 30 flagged citations have been read, and the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

30 later cases cite Bowers v. National Collegiate Athletic Association; 30 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Bowers v. National Collegiate Athletic Association?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Third Circuit declined to extend Bowers's federal appellate brief waiver rule to administrative appeals before the Board of Immigration Appeals.

    Hoxha v. Holder · Third Circuit · filed

    As support for its holding, the Ninth Circuit cited to a footnote in our decision in Bowers v. National Collegiate Athletic Association, 475 F.3d 524, 535 n. 11 (3d Cir.2007). Bowers, however, concerned an appeal before this Court, not an administrative appeal before the BIA. The differences in appellate procedure before the BIA and before a federal appellate court are substantial and obvious. For that reason, we are not persuaded that the doctrine of waiver as applied in the courts of appeals should inform our analysis.
    Read the full opinion on CourtListener →

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