Opinions

This morning the Federal Circuit issued three non precedential opinions: one affirming a decision by the U.S. Court of Veterans Appeals in favor of Veterans Affairs; one affirming a district court’s order granting a motion for attorneys’ fees in a patent case; and one affirming an arbitrator’s sustaining of a dismissal of a federal employee from her employment. Here are the introductions to the opinions.

Bray v. Wilkie

Appellant, Lemuel C. Bray, appeals a decision of the U.S. Court of Appeals for Veterans Claims (“Veterans Court”), concluding, in relevant part, that the Board of Veterans’ Appeals (“the Board”) had not violated Mr. Bray’s due process rights by failing to obtain and consider pertinent records and to “publish the legal standards and evidentiary basis” for its 2017 decision denying Mr. Bray entitlement to earlier effective dates for several service-related conditions. Bray v. Wilkie, No. 17-2990, 2020 WL 476677, at *3 (Vet. App. Jan. 30, 2020). The Veterans Court explained that Mr. Bray had not identified any relevant records that were not considered by the Board, and had “not clearly explained how he was denied due process in his specific appeal or harmed by any such due process violations.” Id. We have jurisdiction pursuant to 38 U.S.C. § 7292(a) and (c). We affirm.

WPEM, LLC v. SOTI Inc.

WPEM, LLC (“WPEM”) appeals a decision by the United States District Court for the Eastern District of Texas granting SOTI Inc.’s (“SOTI”) motion to recover attorneys’ fees. See WPEM, LLC v. SOTI Inc., No. 2:18-cv00156, 2020 WL 555545 (E.D. Tex. Feb. 4, 2020) (“Decision”). For the reasons below, we affirm.

Heslop v. Internal Revenue Service

Jessica J. Heslop seeks review of an arbitrator’s decision sustaining her removal from her position with the Internal Revenue Service (“IRS” or “agency”). For the reasons discussed below, we affirm.