This week we have previewed three cases being argued next week at the Federal Circuit that attracted amicus briefs. We had planned to preview one additional case, Cross v. Office of Personnel Management. In this case, Cross asks the Federal Circuit to reverse a decision of the Merits System Protection Board regarding survival benefits. Notably, the Merit Systems Protection Board filed an amicus brief. The court, however, postponed the oral argument for this case until further notice.
In more detail, on October 5, Cross moved for leave for her attorney to appear remotely for her oral argument, which was scheduled for November 4. Later, though, Cross filed an unopposed motion to allow her attorney to withdraw from representing her in the case. The court granted the motion to withdraw and directed the Clerk of Court “to contact the Federal Circuit Bar Association to attempt to identify pro bono counsel for Ms. Cross.” In the meantime, the court denied the motion to appear remotely as moot and postponed the oral argument until further notice.