This morning the Federal Circuit released a nonprecedential order dismissing an appeal. That’s it! Happy New Year!
Opinion Summary – Metropolitan Area EMS Authority v. Secretary of Veterans Affairs
The Federal Circuit issued its opinion earlier this month in Metropolitan Area EMS Authority v. Secretary of Veterans Affairs, a veterans case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a rule promulgated by the Secretary of Veterans Affairs that permitted VA to pay the lesser of the actual charge or the Medicare fee schedule (MFS) amount for all non-contract ground and air ambulance transports. The petitioners in this case sought review of this rule. In an opinion authored by Judge Stoll and joined by Judges Lourie and Stark, the Federal Circuit granted the petition and set aside the rule as not in accordance with law given the governing statute. This is our opinion summary.
Opinions & Orders – December 30, 2024
This morning the Federal Circuit released a precedential opinion in a veterans case, a nonprecedential opinion in a patent case, and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
Opinions & Orders – December 27, 2024
Today the Federal Circuit released a precedential opinion in one veterans case, a nonprecedential opinion in another veterans case, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the orders.
Opinions & Orders – December 26, 2024
Today the Federal Circuit released one precedential opinion and three nonprecedential orders. The opinion comes in an appeal addressing the Equal Access to Justice Act, while the orders are all dismissals. Here is the introduction to the opinion and links to the dismissals.
Opinions & Orders – December 23, 2024
Today the Federal Circuit released a nonprecedential order dismissing an appeal. That’s it. Happy Holidays!
Opinions & Orders – December 20, 2024
Late yesterday and today the Federal Circuit released one precedential and two nonprecedential opinions. All come in patent cases. The precedential opinion affirms a district court’s decision to delist patents from the Orange Book because the patents “contain no claim for the active ingredient at issue” but instead “are directed to components of a metered inhaler device.” The nonprecedential opinions affirm a judgment of patent infringement and damages by a district court and affirm a judgment of invalidity by the Patent Trial and Appeal Board. The Federal Circuit also released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – December 19, 2024
This morning the Federal Circuit released three nonprecedential opinions and six nonprecedential orders. The first opinion comes in a patent case appealed from a district court. Notably, Judge Bryson concurred in part and dissented in part. The other two opinions come in veterans cases. One of the orders comes in a pro se appeal, while all the other orders dismiss cases. Here are the introductions to the opinions and first order and links to the dismissals.
Opinions & Orders – December 18, 2024
This morning the Federal Circuit released a precedential opinion in a patent case along with three nonprecedential opinions. The precedential patent opinion addresses divided infringement and principles of vicarious liability. The first nonprecedential opinion comes in a takings case, while the other two come in pro se cases. The court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and a link to the dismissal.
Opinions & Orders – December 17, 2024
This morning the Federal Circuit released a precedential opinion in a government contract case that includes takings arguments and three nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.