This week is Court Week at the Federal Circuit. In total, the court will convene 14 panels to consider 77 cases. Of these 77 cases, the court will hear oral arguments in 51. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases attracted amicus briefs. Here’s what you need to know about these three cases.
Beaudette v. McDonough
As explained in our argument preview, in this case the Federal Circuit will review whether the Court of Appeals for Veterans Claims erred in issuing a writ of mandamus to allow the Board of Veterans’ Appeals to hear appeals of adverse decisions pertaining to the Department of Veterans Affairs’ Program of Comprehensive Assistance for Family Caregivers.
Sosun Bae will argue for the Secretary of Veterans Affairs.
Igor V. Timofeyev will argue for the Beaudettes.
This argument is scheduled to take place on Wednesday, December 6 in Courtroom 201 at 10:00 AM Eastern. We will report on developments.
City of Fresno v. United States
As explained in our argument preview, in this case the Federal Circuit will review a judgment by the Court of Federal Claims ruling on cross-motions for summary judgment related to breach of contract and Fifth Amendment takings claims. The plaintiffs argue on appeal that the trial court erred both in concluding that the contractual water rights in question were subordinate to the rights of others during a drought and by dismissing takings claims for lack of standing.
Robert J. Marzulla will argue for all the plaintiffs-appellants.
Daniel J. O’Hanlon will argue for the San Luis & Delta-Mendota Water Authority, one of the defendants-appellees.
Matthew J. Carhart will argue for the United States, another of the defendants-appellees.
This argument is scheduled to take place on Thursday, December 7 in Courtroom 201 at 10:00 AM Eastern. We will report on developments.
In re Chestek PLLC
As explained in our argument preview, in this case the Federal Circuit will review a judgment of the Trademark Trial and Appeal Board rejecting Chestek’s trademark application. The Board based on its judgment on non-compliance with the domicile address disclosure requirement.
Andrew M. Grossman will argue for Chestek.
Mary Beth Walker will argue for the Director of the Patent and Trademark Office.
This argument is scheduled to take place on Thursday, December 7 in Courtroom 203 at 10:00 AM Eastern. We will report on developments.