The unfortunate return of the “strange, red-haired, bearded, one-eyed, man with a limp”
The DC Circuit has reversed the district court in the Whole Foods case. The opinion is here. [HT: Danny Sokol]
As regular readers know, we have covered this case extensively on this blog, including most recently this great, lengthy post from Thom on the proper standard of review. I wouldn’t be surprised if Thom is disappointed with the standard adopted by the DC Circuit in its appeal, and I look forward to his thoughts.