Opinions

Opinions & Orders – March 5, 2025

Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, two summary affirmances, and two nonprecedential orders. The lone precedential opinions comes in a patent case on appeal from the International Trade Commission. Of the nonprecedential opinions, two come in a patent cases, while one comes in an appeal from the Merit Systems Protection Board. Both nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

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Opinions / Panel Activity

Opinion Summary – Hawaiian Dredging Construction Co. v. United States

Last month, the Federal Circuit issued its opinion in Hawaiian Dredging Construction Co. v. United States, a government contract case we have been tracking because it attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by the Court of Federal Claims to dismiss HDCC’s complaint for failure to state a claim upon which relief could be granted. HDCC alleged that the government owed it an “equitable adjustment for various delays and increased costs” during its contract performance, and that HDCC “experienced excusable delays due to government changes and additions to the contact work relating to the retaining wall construction.” In an opinion authored by Judge Prost and joined by Judges Dyk and Clevenger, the Federal Circuit affirmed the dismissal of HDCC’s claim regarding excusable delay related to a retaining wall; reversed the lower court’s dismissal with respect to government delays for delivery of rights of way, utility relocation, and a repayment claim; and remanded the case for further proceedings.

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Opinions

Opinions & Orders – March 4, 2025

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and five nonprecedential orders. Of the precedential opinions, both come in patent cases on appeal from the Patent Trial and Appeal Board. Of the nonprecedential opinions, one comes in an appeal from the Merit Systems Protection Board, one comes in an appeal from the Patent Trial and Appeal Board, and the third comes in a takings case on appeal from the Court of Federal Claims. Of the nonprecedential orders, two deny petitions and the other three dismiss appeals. Here are the introductions to the opinions and first two orders and links to the dismissals.

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Opinions

Opinions & Orders – March 3, 2025

Late Friday, the Federal circuit released a nonprecedential order dismissing a case without prejudice. This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The lone precedential opinion comes in an employment case on appeal from the Court of Federal Claims. The lone nonprecedential opinion comes in a veterans case on appeal from the Court of Appeals for Veterans Claims. Of the nonprecedential orders, one denies a petition, one dismisses an appeal, and one remands an appeal. Here are the introductions to the opinions and the orders denying the petition and dismissing the appeal and a link to the order remanding the case.

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Opinions

Opinions & Orders – February 28, 2025

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The lone precedential opinion comes in a government contract case on appeal from a decision of the Armed Services Board of Contract Appeals. One of the nonprecedential opinions comes in a patent case on appeal from the District of Nevada, while the other comes in a case on appeal from a decision of the Merit Systems Protection Board. Of the nonprecedential orders, two transfer cases and the other remands a case. Here are the introductions to the opinions and orders and a link to the remand.

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Opinions

Opinions & Orders – February 27, 2025

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and six nonprecedential orders. Today’s lone precedential opinion comes in an appeal from a decision of the Court of International Trade. Today’s lone nonprecedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board. Of the nonprecedential orders, three dismiss appeals, two transfer cases, and one grants a motion for a summary affirmance. Here are the introductions to the opinions and orders and a link to the dismissal.

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Opinions

Opinions & Orders – February 26, 2025

This morning, the Federal Circuit released two precedential opinions and four nonprecedential orders. Of the nonprecedential opinions, one comes in a government employment case on appeal from the Eastern District of Virginia, and the other comes in a veterans case on appeal form the Court of Appeals for Veterans Claims. Of the nonprecedential orders, two of the orders deny petitions for writs of mandamus and the other two transfer appeals. Here are the introductions to the opinions and orders.

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Opinions

Opinions & Orders – February 25, 2025

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one precedential opinion and one nonprecedential order. The lone precedential opinion comes in a case on appeal from the Merit Systems Protection Board. The nonprecedential order dismisses an appeal. Here is the introduction to the opinion and links to the dismissals.

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Opinions

Opinions & Orders – February 24, 2025

This morning the Federal Circuit released two nonprecedential opinions. One comes in a patent case on appeal from the Patent Trial and Appeal Board, and the other comes in a veterans case on appeal from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – February 21, 2025

This morning the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The lone nonprecedential opinion comes in a government contract case on appeal from the Armed Services Board of Contract Appeals. The nonprecedential order dismisses an appeal from the Merit Systems Protection Board. Here is the introduction to the opinion and a link to the order.

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