This morning, the Federal Circuit released two nonprecedential opinions and one nonprecedential order. One opinion comes in a takings case appealed from the Court of Federal Claims. The other opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Today’s order dismisses a petition for a writ of mandamus directed to the Merit Systems Protection Board. Here are the introductions to the opinions and order.
Angelly v. United States (Nonprecedential)
Plaintiffs brought this action in the United States Court of Federal Claims, alleging that the United States Army Corps of Engineers caused intermittent and atypical flooding on their property that amounted to a taking. The trial court dismissed Plaintiffs’ complaint for lack of subject matter jurisdiction, reasoning in relevant part that Plaintiffs had not sufficiently shown that a new flooding pattern had emerged within the statutory limitations period. Because Plaintiffs have not established clear error in the trial court’s jurisdictional fact findings, we affirm.
Crider v. Collins (Nonprecedential)
Raymond S. Crider appeals from a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) that affirmed a decision of the Board of Veterans’ Appeals (“the Board”) denying him a total disability rating based on individual unemployability (“TDIU”) for the period prior to March 5, 2021. J.A. 1–4 (“Veterans Court Decision”); J.A. 133–41 (“Board Decision”). Because we lack jurisdiction to review the application of a regulation to facts, we dismiss.
In re Abdel-Karim (Nonprecedential Order)
Noha N. Abdel-Karim petitions for a writ of mandamus to compel the Merit Systems Protection Board to take certain action in her Board removal appeal involving an affirmative defense of at least disability discrimination. ECF No. 2 at 179.