This week is Court Week at the Federal Circuit. In total, the court will convene nine panels to consider 47 cases. Of these 47 cases, the court will hear oral arguments in 30. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case attracted an amicus brief. Here’s what you need to know about that case.
As explained in our argument preview, in this case the Federal Circuit will review a decision by the Court of Federal Claims granting the government’s motion for summary judgment and denying the plaintiff’s motion for summary judgment. Both motions relate to a pay discrimination claim under the Equal Pay Act, and the appeal relates primarily to the plaintiff’s argument that the trial court improperly relied only on salary history to establish an affirmative defense to the claim. Notably, the National Women’s Law Center and 46 additional organizations filed an amicus brief supporting reversal.
L. William Smith will argue for Boyer.
Kara Westercamp will argue for the United States.
This argument is scheduled to take place on Thursday, November 9 in Courtroom 402 at 10:00 AM Eastern. We will report on developments.