En Banc Activity / Opinions

Opinion Summary – Arellano v. McDonough

Yesterday, the Federal Circuit decided Arellano v. McDonough, a case we have been following since the court scheduled an en banc hearing. Split on reasoning but united in outcome, the court issued a short, unanimous, per curiam opinion affirming the Court of Appeals for Veterans Claims. In addition to the per curiam opinion, however, the court issued two concurrences, each representing the opposing views of six judges. Here is our summary of the court’s opinions.

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Opinions

Opinions & Orders – June 17, 2021

This morning the Federal Circuit issued a precedential opinion in an en banc veterans case. The court unanimously held that equitable tolling is not available in this particular case, but disagreed by an equal vote on the reasoning supporting this judgment. In particular, the judges disagreed as to the general question of whether equitable tolling is available with respect to the effective date of an award of disability compensation to a veteran pursuant to 38 U.S.C. ยง 5110(b)(1). The court also issued a nonprecedential opinion in a patent case appealed from the United States Patent and Trademark Office’s Patent Trial and Appeal Board, affirming the Board over a partial dissent by Judge Prost. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – June 16, 2021

This morning the Federal Circuit released a nonprecedential order denying a petition for a writ of mandamus to the United States District Court for the Western District of Texas. The court also released two Rule 36 judgments. Here is the introduction and conclusion of the order and links to both Rule 36 judgments.

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Opinions

Opinions and Orders – June 15, 2021

This morning the Federal Circuit issued a nonprecedential opinion in a vaccine case appealed from the United States Court of Federal Claims, a Rule 36 judgment, and an erratum. Here is the introduction to the opinion and links to the Rule 36 judgment and the erratum.

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Opinions

Opinions & Orders – June 14, 2021

This morning the Federal Circuit issued a precedential opinion concerning a petition for review of the Merit Systems Protection Board, a nonprecedential opinion in a trademark case, and a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – June 11, 2021

Today the Federal Circuit released a precedential opinion affirming a decision of ineligibility in a patent case appealed from the United States District Court for the Northern District of California. Judge Newman dissented. The court also released two nonprecedential opinions in cases appealed from the Merit Systems Protection Board and a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – June 10, 2021

This morning the Federal Circuit issued two precedential opinions, one in a veterans case and the other in an international trade case. The court also issued a precedential order transferring an antitrust case to the Fifth Circuit based on a lack of appellate jurisdiction at the Federal Circuit. The Federal Circuit also issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board and a Rule 36 judgment. Here are the introductions to the opinions and the order and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – June 9, 2021

This morning the Federal Circuit issued three precedential opinions in veterans cases, a nonprecedential opinion in a case dismissed by the Court of Federal Claims for lack of jurisdiction, another nonprecedential opinion in a case appealed from the Bureau of Justice Assistance regarding death benefits, and a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – June 8, 2021

This morning the Federal Circuit issued a precedential opinion in an appeal from the United States Court of Federal Claims, which dismissed a party’s protest in a government contract case. Here is the introduction to the opinion.

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Opinions

Opinions and Orders – June 7, 2021

The Federal Circuit did not release any opinions or orders this morning.

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