FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion. The opinion comes in a case brought under the Indian Tucker Act and involving several claims related to water rights and water-related infrastructure, including breach of trust, breach of contract, and takings claims. The panel affirmed in part and vacated and remanded in part a judgment of the Court of Federal Claims, which had held in favor of the United States on all of the plaintiff-appellant’s claims. Notably, Judge Reyna concurred in part and dissented in part. Here is the introduction to the majority opinion and Judge Reyna’s opinion.

After two days without releasing any opinions or orders on its website, this morning the Federal Circuit released a nonprecedential order dismissing an appeal. That’s it. Here’s a link to the dismissal.

Late last month the Federal Circuit issued its opinion in Boyer v. United States, an Equal Pay Act case that we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a decision by the Court of Federal Claims to grant the government’s motion for summary judgment rejecting a pay discrimination claim under the Equal Pay Act. In an opinion by Judge Dyk joined by Judges Chen and Stoll, the Federal Circuit reversed. The court found that “the EPA applies equally to the United States as to other employers and that mere reliance on prior compensation standing alone is not an affirmative defense to a prima facie case under the EPA, unless the employer can demonstrate that the prior pay itself was not based on sex.”

For the second day in a row the Federal Circuit did not release any opinions or orders on its website.

The Federal Circuit did not release any opinions or orders today on its website.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court issued its opinion last week in Rudisill v. McDonough, a veterans case. With respect to petitions, two new petitions were filed in a patent case and a pro se case, and the Court denied a petition in another pro se case. Here are the details.

This morning, the Federal Circuit released two precedential opinions and two nonprecedential dismissals. One of the opinions, in a case that attracted an amicus brief, addresses a petition for review from a judgment of the Merit Systems Protection Board. The other opinion addressed an appeal from a judgment of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the orders.

This morning, the Federal Circuit released an announcement stating that the Clerk’s Office and Circuit Library will be temporarily unavailable for public services and support on April 26, 2024. Here is the text of the announcement.

This morning, the Federal Circuit released two nonprecedential opinions. Both address pro se appeals from decisions of the Court of Appeals for Veterans Claims. Here are their introductions.

As we have been reporting, earlier this month the Federal Circuit heard oral argument in four cases that attracted amicus briefs. One of those cases is Crocs, Inc. v. Effervescent, Inc., in which the Federal Circuit is reviewing a determination by a judge in the District of Colorado to grant Crocs’ motion for summary judgment on a Lanham Act claim. This is our argument recap.