Federal Circuit Announcement

This morning the Federal Circuit issued a Notice of Emergency Amendment to Federal Circuit Rule 15(f). The court did so as a result of its en banc decision yesterday in National Organization of Veterans’ Advocates, Inc. v. Secretary of Veterans Affairs, in which the court held “that Federal Circuit Rule 15(f), establishing a 60-day time limit for bringing section 502 petitions, is invalid.” Section 502 petitions relate to any “action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers.” Those provisions of Title 5, for example, refer to rules and rule making. Here is the text of today’s notice, which includes a link to the relevant order signed by Chief Judge Prost today.

Pursuant to 28 U.S.C. § 2071(e) and Federal Circuit Rule 47(b), the U.S. Court of Appeals for the Federal Circuit has issued an emergency amendment to Federal Circuit Rule 15(f).  The amended rule goes into effect immediately on an interim basis and will become final on January 31, 2021, absent additional action by the court.  Public comments to the Clerk of Court are due on or before January 8, 2021.  The full notice and order are available on the court’s website.