Opinions

This morning the Federal Circuit issued two nonprecedential opinions in a government contract case and a veterans case. The court also issued five Rule 36 summary affirmances. Here are the introductions to the opinions.

Embiata v. United States (Nonprecedential)

Appellant Philip Emiabata filed suit against the U.S. Postal Service (“USPS”) in the U.S. Court of Federal Claims, alleging, inter alia, wrongful termination for default of a delivery contract awarded to Mr. Emiabata (“the Delivery Contract”) by the USPS, and seeking monetary damages related to the USPS’s administration of that contract. Mr. Emiabata appeals two opinions of the Court of Federal Claims. First, Mr. Emiabata challenges an opinion of the Court of Federal Claims granting the United States’ (“Government”) motion to dismiss Mr. Emiabata’s contract-based claims for monetary damages under Rule 12(b)(1) of the Rules of the U.S. Court of Federal Claims (“RCFC”). Emiabata v. United States, 135 Fed. Cl. 213, 221 (2017) (S.A. 14–25).1 Second, Mr. Emiabata challenges an opinion of the Court of Federal Claims granting the Government’s motion for summary judgment as to Mr. Emiabata’s wrongful termination claim. Emiabata v. United States, 139 Fed. Cl. 418, 427 (2018) (S.A. 1–13). We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(3) (2012). We affirm.

Brown v. Wilkie (Nonprecedential)

Cecile A. Brown appeals the judgment of the United States Court of Appeals for Veterans Claims (“Veterans Court”). The Veterans Court vacated the Board of Veterans’ Appeals (“Board”) decision and remanded for further proceedings. We dismiss.

Rule 36 Judgments