This week (and next Monday) is Court Week at the Federal Circuit. The court originally scheduled 12 panels to hear 72 cases, with the plan to hear oral argument in 45 cases. Given the National Day of Mourning for President Carter, however, the court last week announced that it would not open on Thursday, canceling two panels. As always, the court provides access to live audio of its arguments via the Federal Circuit’s YouTube channel. This month, four cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these four cases.
Dinh v. United States
As explained in our argument preview, the Federal Circuit will review a dismissal of a takings claim by the Court of Federal Claims. That court held that, because Congressional action did not explicitly devalue certain bonds or require transferring funds to repay the bonds to the Puerto Rican government, there was no taking.
Roger Marzulla will argue for Dinh.
Nathanael Yale will argue for the United States.
This argument is scheduled to be heard on Tuesday, January 7 in Courtroom 402 at 10:00 AM Eastern time.
HMTX Industries LLC v. United States
As highlighted in this case’s argument preview, HMTX challenges the Court of International Trade’s decision to uphold a proposed increase in tariffs on goods originating in China.
Pratik Shah will argue for HMTX.
Emma Bond will argue for the United States.
This argument is scheduled to be heard on Wednesday, January 8 in Courtroom 402 at 10:00 AM Eastern time.
United Water Conservation District v. United States
As reported in our argument preview, United Water Conservation District appeals a judgment of the Court of Federal Claims, which dismissed its takings claim. The court held that a restriction of water rights did not constitute a physical taking but rather a regulatory taking, which presented an unripe controversy.
Frank Murray will argue for United Water Conservation District.
Tamara Rountree will argue for the United States.
This argument is scheduled to be heard on Wednesday, January 8 in Courtroom 402 at 10:00 AM Eastern time.
Marmen Inc. v. United States
As discussed in our argument preview, Marmen appeals a judgment of the Court of International Trade, which sustained a final antidumping duty determination that assigned a dumping margin on Marmen, a Canadian wind tower producer.
Jay Campbell will argue for Marmen.
Robert Kiepura will argue for the United States.
Maureen Thorson will argue for Wind Tower Trade Coalition.
This argument is scheduled to be heard on Monday, January 13 in Courtroom 203 at 10:00 AM Eastern time.