Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight three opinions: the first in a death benefit case addressing a former spouse’s annuity, the second in a patent case, and a consolidated cases regarding the Tucker Act. We also highlight reply briefs in three patent cases, and an argument recap in a patent case that attracted two amicus briefs. Here are the details.
Opinion Summary – Cross v. Office of Personnel Management
Last Monday, the Federal Circuit issued its opinion in Cross v. Office of Personnel Management, a case we have been following because it attracted an amicus brief. The case was argued before Judges Moore, Schall, and Stoll. On appeal, Cross asked the Federal Circuit to reverse a decision of the Merits Systems Protection Board regarding the denial of survivor benefits. In particular, the petitioner claimed survivor benefits as a surviving former spouse when her deceased former husband failed affirmatively to re-elect her survivor benefits during the few months between their divorce and his death. On appeal, the Federal Circuit reversed the Board’s denial of survivor benefits. This is our opinion summary.
Opinions & Orders – January 24, 2022
This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case also involving trade secrets. This case was appealed from the Central District of California. The second comes in an employment case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.
Argument Recap – Cross v. Office of Personnel Management
In December, the Federal Circuit heard oral argument in Cross v. Office of Personnel Management, an appeal from the Merit Systems Protection Board. We have been following this death benefit case because it attracted an amicus brief. On appeal, Cross asks the Federal Circuit to reverse a decision of the Merits Systems Protection Board regarding the denial of survivor benefits. In particular, the petitioner is claiming survivor benefits as a surviving former spouse when her deceased former husband failed affirmatively to re-elect her survivor benefits during the few months between their divorce and his death. Judges Moore, Schall, and Stoll heard last Wednesday’s argument. This is our argument recap.
Court Week – What You Need to Know
This week is Court Week at the Federal Circuit, with hearings starting today. As it has for some time now, the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, including a case set to be argued next week, the court will convene 15 panels to consider about 61 cases. Of these 61 cases, the court will hear oral arguments in 48. Of these argued cases, three attracted amicus briefs: two veterans cases and a benefits case. Here’s what you need to know about these three cases.
Argument Preview – Cross v. Office of Personnel Management
This week we are previewing three cases scheduled to be argued next week at the Federal Circuit. Each of these three cases attracted at least one amicus brief. Today we highlight a benefits case, Cross v. Office of Personnel Management. In this case, Cross asks the Federal Circuit to reverse a decision of the Merits Systems Protection Board regarding the denial of survivor benefits. In particular, the petitioner is claiming survivor benefits as a surviving former spouse when her deceased former husband failed affirmatively to re-elect survivor benefits during the few months between their divorce and his death. The appeal attracted an amicus brief filed by the Merit Systems Protection Board. This is our argument preview.
Argument Preview – Cross v. Office of Personnel Management
This week we have previewed three cases being argued next week at the Federal Circuit that attracted amicus briefs. We had planned to preview one additional case, Cross v. Office of Personnel Management. In this case, Cross asks the Federal Circuit to reverse a decision of the Merits System Protection Board regarding survival benefits. Notably, the Merit Systems Protection Board filed an amicus brief. The court, however, postponed the oral argument for this case until further notice.