This morning, the Federal Circuit unveiled an announcement that was first given to attendees of the Federal Circuit Bar Association’s Annual Dinner and Reception on Friday. The Court announced plans for the creation of a 2,400 square-foot learning center in Washington, DC that will focus primarily on providing unique learning opportunities focused on the intersection of law and technology to students in the local community. The center is currently planned to open in September 2024. Here is the full text of the announcement.
This morning, the Federal Circuit provided notice on its website of increased fees taking effect on December 1. The court says the new fees reflect inflationary increases to various miscellaneous court fees and additional increases to local fees. Here is the full text of the announcement.
Yesterday, the Federal Circuit released the following announcement on its website:
For Friday, November 10, 2023, the United States Court of Appeals for the Federal Circuit is closed in observance of the federal holiday, pursuant to Federal Rule of Appellate Procedure 26(a)(6). Our offices will reopen on Monday, November 13, 2023.
Accordingly, the Federal Circuit did not release any opinions or orders today.
Federal Circuit Announces a New Court Initiative Will Be Unveiled at the Federal Circuit Bar Association Annual Dinner & Reception
This morning, the Federal Circuit announced that Chief Judge Moore will be revealing “a forthcoming new initiative at the court” at this year’s Federal Circuit Bar Association Annual Dinner & Reception. This event is scheduled for Friday, November 17 from 6:30 to 9:30 pm at the Mayflower Hotel in Washington, DC. No details were provided regarding the initiative. Here is the full text of today’s announcement with a link providing more information on the logistics related to the event.
This morning, the Federal Circuit released an announcement that the Court will remain “open for business” and all filing deadlines will remain in effect in the event of a lapse in federal appropriations on Sunday, October 1. Here is the full text of and a link to this morning’s announcement.
Breaking News – Federal Circuit Announces Suspension of Judge Newman, Releases Order Detailing Suspension
This morning the Federal Circuit released additional materials pertaining to the ongoing investigation into Judge Newman’s fitness to serve as a judge on the Federal Circuit. These materials include a redacted audio recording and various letters and orders, including a 375-page document containing a 73-page unanimous per curiam order of the court’s Judicial Council dated today along with numerous redacted supporting attachments. Most significantly, today’s order suspends Judge Newman for the period of at least one year. The order states:
- “Judge Newman shall not be permitted to hear any cases, at the panel or en banc level, for a period of one year beginning with the issuance of this Order, subject to consideration of renewal if Judge Newman’s refusal to cooperate continues after that time and to consideration of modification or rescission if justified by an end of the refusal to cooperate.”
- “The Committee shall maintain jurisdiction over this matter.”
Here is the full text of this morning’s announcement, with links to the released materials, including today’s order and attachments along with prior letters and orders and a redacted audio recording.
Federal Circuit Announces Release of Order and Transcript Related to Ongoing Investigation Regarding Judge Newman
Late yesterday, the Federal Circuit announced the release of a redacted version of a transcript from the July 13, 2023 proceeding regarding Judge Newman, as well as an order relating to the language in the redacted transcript. The transcript was released to the public at the request of Judge Newman. Judge Newman, however, objected to the insertion of the generic descriptor “cardiac condition” as a substitute for a more specific phrase describing her condition that both the Committee and Judge Newman proposed to black out. The special committee overruled Judge Newman’s objection. Here is the full text of the announcement.
Breaking News – Federal Circuit Releases Report and Recommendation and Other Materials in Ongoing Investigation of Judge Newman’s Fitness
This morning the Federal Circuit released additional materials in the ongoing investigation into Judge Newman’s fitness to serve as a judge on the Federal Circuit. These materials include a group of letters and orders and, significantly, a July 31 report and recommendation of the special committee conducting the investigation. That report and recommendation:
- finds the committee had authority to enter its orders,
- concludes a reasonable basis for requiring medical examinations and the production of medical records,
- finds Judge Newman’s refusal to cooperate with the committee’s orders is not justified by any good cause and constitutes misconduct,
- and recommends Judge Newman not be permitted to participate in new cases for at least the next year or until she cooperates with the committee’s investigation into her fitness to serve as a judge.
Here is the full text of this morning’s announcement, with links to the released materials, including the report and recommendation.
Late yesterday, the Federal Circuit announced the public release of a letter and order in the ongoing investigation into Judge Newman’s fitness to serve as a judge. The letter seeks “clarification of the Special Committee’s order as to the scope of investigation and the hearing” scheduled for July 13 and requests “that the hearing be open to the public.” The order indicates the July 13 hearing will not be open to the public. It also indicates “the only subject counsel should address in the brief due on July 5 (and at the hearing on July 13) is whether Judge Newman’s refusal to comply with the Committee’s orders seeking (i) neurological and neuropsychological testing, (ii) medical records, and (iii) an interview constitutes misconduct.” Here is the full text of the announcement, with links to the letter and order.
Federal Circuit Announces Release of Orders and Letters, Sets Hearing Date in Ongoing Judge Newman Investigation
Late yesterday, the Federal Circuit announced the public release of additional prior orders and letters in the ongoing investigation into Judge Newman’s fitness to serve as a judge. Notably, the orders continue to prohibit Judge Newman from being assigned to new panels of cases, and one order indicates the Committee conducting the investigation “will focus on the question whether Judge Newman’s refusal to cooperate with the Committee’s investigation constitutes misconduct.” To that end, the Committee also set a deadline of July 5 for Judge Newman to submit “a brief limited to addressing the question whether Judge Newman’s refusal to undergo examinations, to provide medical records, and to sit for an interview with the Committee as described in the May 16 Order constitute misconduct and the appropriate remedy if the Committee were to make a finding of misconduct.” The Committee also indicated it will hear oral argument on the matter on July 13 in a closed-door hearing. Here is the full text of the announcement, with links to the orders.