FedCircuitBlog

Last week, the Federal Circuit decided Adams v. United States, an employment case we have been following since the court scheduled an en banc hearing. The case presents the question of the relationship between COVID-19 and Hazardous Duty Pay (HDP) and Environmental Differential Pay (EDP) regulations, and in particular whether prison guards who come into contact with COVID-19 through either human to human contact or human contaminated mediums are entitled to EDP or HDP. Last week, the court issued a majority opinion affirming the Court of Federal Claims, which held that OPM’s regulations do not provide for HDP and EDP for working with or in proximity to individuals infected with COVID-19. According to the Federal Circuit, these veterans are entitled to a maximum of 36 months of benefits. Two judges dissented, however, arguing for reversal. Here is our summary of these opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied three petitions raising questions related to attorney-client privilege, anticipation, and the standard for establishing venue. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two responses to petitions raising questions related to anticipation and the standard for establishing venue. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the terms of a protective order. The court also denied a petition in a case raising questions related to claim construction at the Patent Trial and Appeal Board. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to the attorney-client privilege. The court also denied a petition in a case raising questions related to the standard for claim construction. Here are the details.

Earlier this month, the Federal Circuit held an en banc session to hear oral argument in Adams v. United States. In this case, the court is considering whether on-the-job exposure to the recent novel coronavirus entitles federal correctional officers to additional pay pursuant to various federal statutes. This is our argument recap.

Last week, the Federal Circuit decided Rudisill v. McDonough, a veterans case we have been following since the court scheduled an en banc hearing. The case presents the question of the relationship between the education benefits in the Montgomery GI Bill and the Post-9/11 GI Bill, and in particular whether veterans such as Mr. Rudisill with two or more periods of qualifying military service are entitled to 48 months of benefits. The court issued a majority opinion reversing the Court of Appeals for Veterans Claims, which had held that veterans are entitled to 48 months of benefits when they have multiple periods of qualifying service. According to the Federal Circuit, these veterans are entitled to a maximum of 36 months of benefits. Two judges, however, issued dissenting opinions agreeing with the Court of Appeals for Veterans Claims. Here is our summary of the court’s opinions.

Here is an update on recent en banc activity at the Federal Circuit. The en banc court issued a long-awaited opinion last week in a veterans case addressing the question of a veteran’s statutory entitlement to education benefits under the Montgomery GI Bill and the Post-9/11 GI Bill. As for petitions in patent cases, the court invited a response to a petition raising a question related to the written description requirement and received two amicus briefs supporting rehearing in the same case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a two new petitions. One raises a question related to the standard for establishing venue, and the other raises three questions related to claim construction at the Patent Trial and Appeal Board. The court also invited a response to a petition raising a question related to anticipation. Finally, the court also denied a petition in a case raising a question related to patent eligibility. Here are the details.

Next week, in an en banc session, the Federal Circuit will hear oral arguments in Adams v. United States, a federal benefits case. The arguments will address whether on-the-job exposure to the recent novel coronavirus entitles federal correctional officers to additional pay pursuant to various federal statutes. This is our argument preview.