Background
The U.S. Court of Appeals for the Federal Circuit directed Top Level Construction Company and the Department of State to address whether Top Level’s appeal should be dismissed due to the company’s failure to retain legal counsel. This directive followed an earlier order from the court issued on June 4, 2026.
In response, the Department of State urged the court to dismiss the appeal. Conversely, Khaybar Ziarmal, acting as the president of Top Level Construction Company, requested that the court assert jurisdiction and allow the appeal to proceed.
The Court’s Holding
The Federal Circuit dismissed the appeal, reaffirming the stringent requirement that corporations and other legal entities must be represented by licensed attorneys in federal courts. Citing Federal Circuit Rule 47.3(a), the court emphasized that “A corporation, partnership, organization, or other legal entity must be represented by counsel before this court.” This rule is deeply rooted in long-standing legal precedent, including the Supreme Court’s ruling in *Rowland v. Cal. Men’s Colony* and federal statute 28 U.S.C. § 1654, which collectively affirm that corporations can only appear in federal courts through licensed counsel.
The court further clarified that this mandatory requirement for legal representation “may not be waived,” referencing its prior decisions in *Min. Hill Venture v. Norton* and *Algonac Mfg. Co. v. United States*. Since Mr. Ziarmal, who is not a licensed attorney, was attempting to pursue the appeal on behalf of Top Level Construction Company, and no attorney had entered an appearance for the company, the court concluded that Top Level could not maintain its appeal. While the court noted it might otherwise have jurisdiction over the matter, the absence of proper legal representation was a dispositive procedural barrier.
Key Takeaways
- Corporations and other legal entities are legally mandated to be represented by licensed attorneys in federal court proceedings, including appeals.
- The requirement for corporate legal representation in federal courts is absolute and cannot be waived by the court or the parties.
- A company president or other non-attorney individual, even if acting on behalf of the corporation, cannot fulfill the legal representation requirement in federal appellate courts.
Why It Matters
This decision serves as a critical procedural reminder for any corporation or legal entity contemplating litigation in federal courts, particularly at the appellate level. It unequivocally states that the absence of licensed legal counsel will lead to dismissal, regardless of the potential merits of the case or the court’s jurisdiction over the subject matter.
For businesses and their leadership, the ruling underscores the non-negotiable necessity of retaining qualified attorneys for federal litigation. Attempting to navigate the federal judicial system without proper corporate representation will result in immediate procedural obstacles, costing time, resources, and the opportunity to have their case heard on substantive grounds.