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Marwa Elzankaly Argues No-Fly Case At Rehearing En Banc Before Ninth Circuit

Marwa Elzankaly appeared before the Ninth Circuit for a rehearing en banc, arguing that the federal government acted in bad faith by defending the indefensible in a case involving a Malaysian woman who was wrongfully placed on the No-Fly List. En banc rehearing is rarely granted.  Speaking before 11 judges,  Elzankaly contended that because the government defended this case in bad faith for eight years, the client should be awarded $3.8 million in attorneys’ fees and $300,000 in costs. The hearing was featured in the article “In its 12th year, No-Fly List Litigation Proceeds Before En Banc 9th Circuit in Attorney Fee Stage,” published by the Daily Journal, the article “En Banc 9th Circuit Takes Up Fee War in No-Fly Fumble,” published by Courthouse News Service, and “Gov’t Litigation Tactics ‘Kafkaesque,’ 9th Circ. Judges Say,” published by Law360.

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