Net Neutrality Petitioners Not Saying if They'll Seek Transfer From 9th to DC Circuit

Challengers to the FCC net neutrality repeal order remained quiet on plans immediately after a court lottery Thursday chose the 9th U.S. Circuit Court of Appeals to hear the case. Representatives of several of the parties that filed petitions for review in the D.C. Circuit declined to comment or didn't respond to our queries about whether they will seek to have the case transferred to the D.C. Circuit. After the FCC notified the U.S. Judicial Panel on Multidistrict Litigation there were 10 timely petitions in the D.C. Circuit and two in the 9th Circuit, a panel order said the 9th Circuit was "randomly selected" to review the consolidated case (see 1803080055). The two in the 9th Circuit were filed by the California Public Utilities Commission and Santa Clara County, California. The litigation timetable will likely depend on which circuit hears the case, said Markham Erickson, a Steptoe & Johnson attorney, speaking at an Incompas conference Feb. 7 (see 1802070037). The D.C. Circuit generally can decide cases within a year, but the 9th Circuit could take up to a couple of years, he suggested. Erickson is representing Mozilla in the net neutrality litigation and also represents Incompas.