Statement of the Case is no longer necessary under FRAP 28

Under a recent amendment to Federal Rule of Appellate Procedure 28, parties are no longer required to include a separate "Statement of the Case" in their appellate briefs.

Kevin Russell of SCOTUSblog explains:

an amendment to the Rules of Appellate Procedure eliminated the requirement that a brief separately provide a statement of the case (which focused on the procedural history) and a statement of the facts.  Rule 28(a)(6) now simply requires a “a concise statement of the case setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record (see Rule 28(e)).”  This brings the Appellate Rules into line with the Rules of the Supreme Court, which long ago abandoned the annoying requirement of having to separate the procedural and factual histories of the litigation.

Kevin Russell, Recent amendments to Federal Rules, SCOTUSblog (May. 8, 2013, 11:48 AM), http://www.scotusblog.com/2013/05/recent-amendments-to-federal-rules/