FedCircuitBlog

This morning the Federal Circuit released a precedential en banc opinion in an employment case appealed from the Court of Federal Claims. The en banc court held that the Office of Personnel Management to date has not adopted regulations that provide for differential pay based on COVID-19 in various workplace settings. Notably, Judge Reyna dissented in an opinion joined by Judge Newman. The Federal Circuit also released a nonprecedential opinion dismissing a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order transferring a case to the Ninth Circuit and another nonprecedential order dismissing two appeals. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the dismissal and Rule 36 judgments.

Earlier this month, the Federal Circuit held an en banc session to hear oral argument in Adams v. United States. In this case, the court is considering whether on-the-job exposure to the recent novel coronavirus entitles federal correctional officers to additional pay pursuant to various federal statutes. This is our argument recap.

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene eight panels to consider 37 cases. Of these 37 cases, the court will hear oral arguments in 28. Of these argued cases, two cases attracted amicus briefs, one an en banc case addressing federal benefits and another a government contract case. Here’s what you need to know about these cases.

Next week, in an en banc session, the Federal Circuit will hear oral arguments in Adams v. United States, a federal benefits case. The arguments will address whether on-the-job exposure to the recent novel coronavirus entitles federal correctional officers to additional pay pursuant to various federal statutes. This is our argument preview.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the appellant filed his en banc reply brief. As for petitions in patent cases, the court received a new petition raising a question related to anticipation and two responses to a petition raising questions related to patent eligibility. The court also denied three petitions raising questions related the standard for an award of attorneys’ fees, inter partes review estoppel, and assignor estoppel. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the government filed its en banc response brief, and the Federal Circuit scheduled the case for oral argument in December. The court also invited responses to two petitions raising questions related to assignor estoppel and inter partes review estoppel. Finally, the court granted panel rehearing and denied rehearing en banc in response to a petition raising questions related to the process and standard for determining indefiniteness. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the court received two amicus briefs in support of the officers. The court also received a new petition in a patent case raising a question related to assignor estoppel. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case, the appellant filed his opening en banc brief. In it, he argues on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. The court sua sponte granted en banc consideration in a case appealed from the Court of Federal Claims. In another pending en banc veterans case, the veteran filed his en banc response brief, and the Federal Circuit scheduled the case for oral argument in October. The court also received a new petition raising questions related to the court’s grant of a petition for a writ of mandamus to order transfer of a patent case from the Western District of Texas to the Northern District of California. Here are the details.

This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a case appealed from the Western District of Wisconsin and reverses a contempt finding based on an alleged violation of protective order. Notably, in the second case, Judge Reyna filed a dissent. The Federal Circuit also released a precedential order sua sponte granting en banc consideration to a case appealed from the Court of Federal Claims. The Federal Circuit released a nonprecedential opinion in a trade case appealed from the Court of International Trade and three nonprecedential orders denying petitions for a writ of mandamus, denying a petition for a writ of control, and granting a motion for a summary affirmance. Here are the introductions to the opinions and text from the orders.