Opinions

Late yesterday and this morning, the Federal Circuit released one precedential opinion and nine nonprecedential orders. In the precedential opinion, the court vacated and remanded a judgment appealed from the Court of Appeals for Veterans Claims. One of the nonprecedential orders denied a petition for appellate attorney fees and costs following a Federal Circuit decision reversing and remanding a judgment of the Merit Systems Protection Board. Two of the nonprecedential orders remand cases appealed from the Northern District of West Virginia. Finally, five of the nonprecedential orders dismiss appeals and one is an erratum. Here is the introduction to the opinion, text from the orders, and links to the dismissals and erratum.

Spicer v. McDonough (Precedential)

Luther Spicer, Jr., appeals the decision of the United States Court of Appeals for Veterans Claims (Veterans Court) affirming the decision of the Board of Veterans’ Appeals (Board) denying him secondary service connection for a knee disability. Because we disagree with the Veterans Court’s interpretation of 38 U.S.C. § 1110, we vacate and remand.

Edenfield v. Department of Veterans Affairs (Nonprecedential Order)

Dr. Mark Edenfield seeks an award of appellate attorney fees and costs under the Whistleblower Protection Act following this Court’s opinion reversing and remanding a judgment from the Merit Systems Protection Board. . . . Because this Court does not have independent statutory authority to grant an award of attorney fees under the WPA, and Dr. Edenfield has not argued for a grant of attorney fees under any other statute, we cannot grant Dr. Edenfield’s application.

Accordingly, IT IS ORDERED THAT:

Dr. Edenfield’s application for an award of appellate attorney fees and costs is denied.

AstraZeneca AB v. Mylan Pharmaceuticals Inc. (Nonprecedential Order)

The parties jointly move to remand the above-captioned appeal with each side to bear its own costs and fees.

Upon consideration thereof, IT IS ORDERED THAT:

The motion is granted.

AstraZeneca AB v. Mylan Pharmaceuticals Inc. (Nonprecedential Order)

The parties jointly move to remand the above-captioned appeal with each side to bear its own costs and fees.

Upon consideration thereof, IT IS ORDERED THAT:

The motion is granted.

Dismissals

Erratum