FedCircuitBlog

Last week, the Federal Circuit issued its opinion in Taylor v. McDonough, a veterans case that the court reviewed en banc. As explained in Judge Taranto’s opinion, a “majority of the court (as reflected in this opinion and the concurrence) agree[d], and the court [held], that when a veteran has been determined to be entitled to benefits for one or more disabilities connected to participation in the Edgewood program at issue, the required effective date of such benefits is the date that the veteran would have had in the absence of the challenged government conduct—imposition of the secrecy oath with no VA route for claim presentation and proof to vindicate the benefits entitlement.” Notably, Judge Dyk filed an opinion concurring in the judgment, and Judge Hughes filed an opinion dissenting in part and dissenting from the judgment. One other thing to note: Judge Wallach participated in the court’s en banc consideration of the case, despite being a senior judge, because he was on the original panel, and as a result this case was decided by a thirteen-judge panel. This is our opinion summary.

This morning, the Federal Circuit released a nonprecedential order dismissing an appeal. Here is a link to the dismissal.

Late last Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. The court did not release any opinions or orders today given the Juneteenth holiday. Here is the link to the dismissal.

This morning, the Federal Circuit released a precedential opinion in a takings case that attracted an amicus brief. In the opinion, the court held in part that “the trial court properly applied the stabilization doctrine to this case and did not clearly err” in determining the timing of when the taking accrued. The court, however, vacated the trial court’s denial of crop damages and its finding that the government did not causally contribute to certain flooding and remanded the case. In addition, this morning the court also released an erratum. Here is the introduction to the opinion and a link to the erratum.

This morning, the Federal Circuit released a precedential en banc opinion in a veterans case. In the opinion, the court held “that the claim-filing effective-date provisions of [38 U.S.C.] § 5110 are unconstitutional” as applied to the appellant based on his “very rare set of circumstances.” Notably, Judge Dyk filed an opinion concurring in the judgment, and Judge Hughes filed an opinion dissenting in part and dissenting from the judgment. In addition, late yesterday and this morning the court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Late yesterday and this morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases and both addressing obviousness. Additionally, the court released five nonprecedential orders, one transferring a case to another court, one summarily affirming a judgment, one granting a motion to remand a case, and two dismissing appeals. Additionally, the court released four summary affirmances and an erratum. Here are the introductions to the opinions and orders and links to the dismissals, summary affirmances, and the erratum.

Late yesterday and this morning, the Federal Circuit released five nonprecedential orders, three transferring cases to other courts and two dismissing appeals. Here are the introductions to the transfers and one of the dismissals and a link to the other dismissals.

This morning, the Federal Circuit released a precedential opinion in a patent case addressing obviousness. The court also released three nonprecedential opinions, one in a patent case and two in pro se veterans cases. Additionally, the court released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Last week, the Federal Circuit issued its opinion in City of Wilmington v. United States, a Clean Water Act case that attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by the Court of Federal Claims that the City of Wilmington was not entitled to recover “the payment of reasonable service charges” assessed for “the control and abatement of water pollution” and interest pursuant to 33 U.S.C. § 1323. This is our opinion summary.

This morning, the Federal Circuit released a precedential opinion in a patent case addressing co-inventorship. The court also released four nonprecedential opinions, one in a patent case and three in pro se cases. Additionally, the court released five nonprecedential orders granting summary affirmance and an erratum. Here are the introductions to the opinions and links to the judgment, summary affirmances, and the erratum.